Journal of the Senate of the State of Georgia regular session 1994 volume two, 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 TWO
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
MUSCOGEB 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

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, March 4, 1994
Thirty-fifth Legislative Day
The Senate met pursuant to adjournment at 9:00 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:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 762. By Representative Crawford of the 129th:
A bill to further define, prescribe, clarify, and enlarge the powers of the Thomaston-Upson County Office Building Authority.
HB 1933. By Representatives Wall of the 82nd, Dickinson of the 83rd, Crews of the 78th, Dix of the 76th, Bannister of the 77th and others:
A bill to amend an Act providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city.
HB 1947. By Representatives Wall of the 82nd, Crews of the 78th, Johnston of the 81st, Coleman of the 80th, Stephenson of the 25th and others:
A bill to amend an Act creating a new charter for the City of Suwanee, so as to change the corporate boundaries of said city.
HB 1978. By Representative Streat of the 167th:
A bill to amend an Act establishing a board of education of Coffee County, so as to change and reapportion the education districts.
HB 1982. By Representative Lord of the 121st:
A bill to amend an Act reconstituting the Board of Education of Hancock County, so as to change the compensation and expenses of the members and chairperson of said board.
HB 1983. By Representative Lord of the 121st:
A bill to amend an Act creating a Board of Commissioners of Hancock County, so as to change the compensation and expenses of the members of such board.
HB 1988. By Representatives Barfoot of the 155th, Bargeron of the 120th, Lord of the 121st, Parrish of the 144th and Godbee of the 145th:
A bill to provide for the payment of miscellaneous expenses to the judges of the superior courts of the Middle Judicial Circuit by the counties comprising such circuit.
HB 1989. By Representatives Childers of the 13th, Perry of the llth and Smith of the 12th:
A bill to amend an Act reincorporating the City of Cave Spring in Floyd County, so as to change the corporate limits of the city.

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1269

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.
SB 628. By Senators Day of the 48th, Balfour of the 9th, Tysinger of the 41st, Burton of the 5th and Newbill of the 56th:
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 automatic repeal.
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 persons from holding themselves out as psychologists; to change the requirements for applicants for licensing; to change the provisions relating to examinations of applicants.
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 Annotated, 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.
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.
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.
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 Corporation, the Federal National Mortgage Association, and certain other entities may be pledged as collateral to secure public deposits.

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The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate:
SB 585. By Senators Burton of the 5th, Balfour of the 9th, Tysinger of the 41st, Day of the 48th and Newbill of the 56th:
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.
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 formulas used for the distribution of taxes on life insurers and on insurers other than life insurers to counties and municipalities.
The House had adopted by the requisite constitutional majority the following resolution of the House:
HR 1039. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution creating the Cherokee County Property Tax Structure Study Committee.
The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
SB 242. By Senators Harbison of the 15th, Crotts of the 17th, Hill of the 4th, Broun of the 46th and Thomas of the 10th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the provisions relating to free license plates and revalidation decals for certain disabled veterans; to change the provisions relating to drivers' licenses for veterans.
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.
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 hunting with a crossbow except under such circumstances as provided by the Board of Natural Resources; to provide for applicability to certain persons.

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The House had adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 107. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A resolution proposing an amendment to the Constitution so as to provide that the holding of raffles by nonprofit organizations shall be lawful under the Constitution but may be restricted, regulated, or prohibited by law; to provide for the submission of this amendment for ratification or rejection.
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.
SR 453. By Senator Farrow of the 54th:
A resolution designating the T. P. Ramsey Bridge.
SR 502. By Senators Hooks of the 14th, Gillis of the 20th, Broun of the 46th and Robinson of the 16th:
A resolution designating the present or any subsequently built bridge across the Flint River as the Garland T. Byrd Bridge.
The House has agreed to the Senate substitutes to the following bills of the House:
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 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 certain real property owned by a hospital authority shall be subject to state, county, and muncipal ad valorem taxation; to provide that certain real property acquired by a hospital authority shall be subject to all local zoning regulations.
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 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 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 as to enact the "Georgia Business Expansion Support Act of 1994"; to provide for additional job tax credits for certain business enterprises located in certain counties designated as less developed areas.

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JOURNAL OF THE SENATE

The House has agreed to the Senate amendments to the following bills of the House:
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 analysts, so as to change a certain definition; to provide for the performance of laboratory tests for reporting purposes by certified operators; to provide for a training course.
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 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 Commissioner of Insurance handles rate filings.
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 Annotated, relating to licensure by the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, so as to provide an exemption from licensure for certain additional counselors.
The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:
HB 71. By Representative Holland of the 157th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the probate court, so as to provide for the service of a minor or an incapacitated adult by serving such person's legal guardian or guardian ad litem.
The House insists on its position in disagreeing to the Senate, substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:
HB 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 certain 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 payment into the registry of the court, a writ of possession shall be issued after the expiration of ten days.

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The Speaker has appointed on the part of the House, Representatives Wall of the 82nd, Barnes of the 33rd and Reichert of the 146th.
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 committee on the part of the Senate on 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 Speaker has appointed on the part of the House, Representatives Watson of the 139th, Martin of the 47th and Powell of the 23rd.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 726. By Senator Robinson of the 16th: A bill to amend an Act placing the sheriff of Talbot County on an annual salary, as amended, so as to provide for and change the provisions relating to full-time and part-time deputies and their compensation; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 727. By Senators Day of the 48th, Newbill of the 56th, Balfour of the 9th and others:
A bill to amend an Act relating to education districts for the election of members of the Board of Education of Gwinnett County, as amended, so as to change the description of the education districts of the board; to provide for continuation in office; to provide for federally required submissions; to provide for effective dates. Referred to Committee on Urban and County Affairs.
SB 728. By Senators Day of the 48th, Newbill of the 56th, Balfour of the 9th and others:
A bill to amend an Act creating the board of commissioners of Gwinnett County, as amended, so as to change the description of the commissioner districts; to provide for terms; to provide federally required submissions; to provide for effective dates. Referred to Committee on Urban and County Affairs.
SB 729. By Senator McGuire of the 30th:
A bill to amend an Act providing a new charter for the City of Villa Rica in Carroll and Douglas Counties, as amended, so as to provide for two-year terms of office for the mayor and councilmen; to provide that the current mayor and councilmen shall complete the terms for which they were elected. Referred to Committee on Urban and County Affairs.
SR 584. By Senators Harbison of the 15th, Newbill of the 56th, Henson of the 55th and others:
A resolution urging the State of Georgia to take action to refund certain income taxes collected from federal retirees residing in the State of Georgia. Referred to Committee on Defense and Veterans Affairs.

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SR 585. By Senators Glanton of the 34th, Newbill of the 56th, Gochenour of the 27th and others: A resolution urging the Congress of the United States to propose an amendment to the United States Constitution to prohibit the imposition of retroactive taxes.
Referred to Committee on Finance and Public Utilities.
SR 586. By Senators Robinson of the 16th, Hooks of the 14th and Harbison of the 15th: A resolution creating the Senate Study Committee on combining Columbus Technical Institute and Columbus College.
Referred to Committee on Rules.
The following bills and resolution of the House were read the first time and referred to committee:
HB 762. By Representative Crawford of the 129th: A bill to further define, prescribe, clarify, and enlarge the powers of the Thomaston-Upson County Office Building Authority.
Referred to Committee on Urban and County Affairs.
HB 1933. By Representatives Wall of the 82nd, Dickinson of the 83rd, Crews of the 78th and others: A bill to amend an Act providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 1947. By Representatives Wall of the 82nd, Crews of the 78th, Johnston of the 81st and others: A bill to amend an Act creating a new charter for the City of Suwanee, so as to change the corporate boundaries of said city.
Referred to Committee on Urban and County Affairs.
HB 1978. By Representative Streat of the 167th: A bill to amend an Act establishing a board of education of Coffee County, so as to change and reapportion the education districts.
Referred to Committee on Urban and County Affairs.
HB 1982. By Representative Lord of the 121st: A bill to amend an Act reconstituting the Board of Education of Hancock County, so as to change the compensation and expenses of the members and chairperson of said board.
Referred to Committee on Urban and County Affairs.
HB 1983. By Representative Lord of the 121st: A bill to amend an Act creating a Booard of Commissioners of Hancock County, so as to change the compensation amnd expenses of the members of such board.
Referred to Committee on Urban and County Affairs.

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HB 1988. By Representatives Barfoot of the 155th, Bargeron of the 120th, Lord of the 121st and others:
A bill to provide for the payment of miscellaneous expenses to the judges of the superior courts of the Middle Judicial Circuit by the counties comprising such circuit.
Referred to Committee on Urban and County Affairs.

HB 1989. By Representatives Childers of the 13th, Perry of the llth and Smith of the 12th:
A bill to amend an Act reincorporating the City of Cave Spring in Floyd County, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.

HR 1039. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution creating the Cherokee County Property Tax Structure Study Committee. 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 1677. Do pass.

Mr. President:

Respectfully submitted, Senator Turner of the 8th 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 1462. Do pass.

HB 1557. Do pass.

HB 1768. Do pass.

Respectfully submitted,

Mr. President:

Senator Hill of the 4th District, Chairman

The Committee on Governmental Operations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 376. Do pass.
Respectfully submitted,
Senator Alien of the 2nd District, Chairman

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Mr. President:

The Committee on Health and Human Services has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1658. Do pass by substitute.
HB 1825. Do pass as amended.
Respectfully submitted,
Senator Walker of the 22nd District, Chairman

Mr. President:

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

HB 1270. HB 1426. HB 1666.

Do pass. Do pass. Do pass.

HR 808. HR 875. HR 943. Respectfully submitted,

Do pass. Do pass. Do pass.

Senator Walker of the 22nd District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1521. Do pass as amended.
HB 1814. Do pass as amended.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1435. Do pass.
HB 1512. Do pass as amended.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

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

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following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1390. Do pass as amended. Respectfully submitted, Senator Tysinger of the 41st District, Chairman
Mr. President:

The Committee on Science, Technology & 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 1690. Do pass as amended.

HB 1878. Do pass.

HB 1596. Do pass by substitute.

Respectfully submitted,

Mr. President:

Senator Tysinger of the 41st District, Chairman

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

HB 1767. Do pass as amended.

Respectfully submitted,

Mr. President:

Senator Coleman of the 1st District, Chairman

The Committee on Transportation 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 579. HR 824. HR 925.

Do pass. Do pass. Do pass.

HR 961. HR 967. HR 1037.

Do pass. Do pass. 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 641. Do pass by substitute. SB 716. Do pass.

HB 1931. Do pass. HB 1937. Do pass.

SB 720. Do pass.

HB 1944. Do pass.

HB 1844. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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

SR 529 HB 419 HB 715 HB 1274 HB 1395 HB 1429 HB 1641 HB 1754 HB 1880

HB 326 HB 471 HB 1153 HB 1375 HB 1398 HB 1504 HB 1684 HB 1810 HR 937

HB 389 HB 671 HB 1198 HB 1393 HB 1405
HB 1632 HB 1727 HB 1861

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 Henson Hill Huggins Kemp Langford of 29th Madden Marable McGuire

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

Those not answering were Senators:

Abernathy Alien Hemmer Hooks

Isakson Langford of 35th (excused) Newbill Oliver

Thomas Thompson Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Burton of the 5th introduced the chaplain of the day, Reverend Gil Watson, Decatur, Georgia, who offered scripture reading and prayer.
The following resolution of the Senate was read and adopted:

SR 589. By Senators Gillis of the 20th, Hooks of the 14th, Madden of the 47th and others:
A resolution recognizing and commending the Georgia State Games.
Senator Marable of the 52nd moved that the following bill of the House be withdrawn from the Senate Committee on Health and Human Services and committed to the Senate Committee on Youth, Aging and Human Ecology:

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 education hours required from 12 to 18.

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On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 1860 was withdrawn from the Senate Committee on Health and Human Services and committed to the Senate Committee on Youth, Aging and Human Ecology.
The following bill of the House was taken up for the purpose of considering 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 adhere to the Senate amendment to HB 1225, and that a Conference Committee be appointed.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1225.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Isakson of the 21st, Broun of the 46th and Thompson of the 33rd.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Friday, March 4, 1994
THIRTY-FIFTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 641 Coleman, 1st Alien, 2nd CHATHAM COUNTY
Creates the Chatham County Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational 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; to repeal conflicting laws. (SUBSTITUTE)
SB 716 Thomas, 10th Langford, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Oliver, 42nd Henson, 55th CITY OF ATLANTA
Amends an Act reincorporating the City of Atlanta, so as to regulate the receipt and investigation of complaints or information from the city employees 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; to repeal conflicting laws.

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SB 720 Kemp, 3rd Boshears, 6th WAYNE COUNTY
Amends 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; to repeal conflicting laws.
HB 1844 Langford, 35th Slotin, 39th CITY OF EAST POINT
Amends 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 1931 Guhl, 45th WALTON COUNTY
Amends 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 resolution for compensation of the chairman of the authority.
HB 1937 Blitch, 7th TOWN OF ALAPAHA
Amends 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 1944 Taylor, 12th TERRELL COUNTY
Creates a board of elections and registration for Terrell County and provide for its powers and duties.
The substitute to the following bill was put upon its adoption:
*SB 641:
The Urban and County Affairs Committee offered the following substitute to SB 641:
A BILL
To be entitled an Act to create the Chatham County Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational 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, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, to acquire parking facilities and parking areas in connection therewith, to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers and to impose duties on the authority, the determination of which shall be in the sole discretion of the Board of Commissioners of Chatham County; to provide for the membership and for the appointment of members of the authority; to authorize the authority to contract with others pertaining to such recreational facilities, to execute leases of such facilities, to convey title to real property of the

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authority in fee simple, and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the authority and other political subdivisions to enter into contracts pertaining to uses of such facilities and areas, which contracts and leases shall obligate the lessees to make payment for the use of such areas and facilities for the term thereof and to pledge to that purpose revenues derived from taxation; to provide that no debt of Chatham County or other political subdivisions, within the meaning of Article IX, Section III, Paragraph I of the Constitution of the State of Georgia, shall be incurred by exercise of the powers granted; to authorize the issuance of revenue bonds or obligations of the authority; to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations and to secure the payment thereof; to define the rights of the holders of such bonds or obligations; to make the property of the authority exempt from taxation and assessment; to grant the authority and its members certain immunities; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for construction; to provide for conveyance of property upon dissolution; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Chatham County Recreation Authority Act."
Section 2. (a) There is created a body corporate and politic to be known as the Chatham County Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation. By that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in a courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The authority shall not be a state institution nor a department or agency of the state, but shall be an instrumentality of the state, a mere creation of the state, having a distinct corporate entity and being exempt from the provisions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." The authority shall have its principal office in Savannah, Georgia, and its legal situs or residence for the purposes of this Act shall be Chatham County. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act.
(b) The authority shall consist of seven members who shall be residents of Chatham County and who shall be appointed by the Board of Commissioners of Chatham County. The Board of Commissioners of Chatham County shall initially appoint three members for terms of two years each and four for terms of four years each. After expiration of the initial terms, the terms of all members shall be four years.
(c) Members of the Board of Commissioners of Chatham County may be appointed to serve as members of the authority. However, the term of office of any such member on the authority shall only run concurrent with the member's service on the board of commissioners. No more than three members of the Board of Commissioners of Chatham County may serve as members of the authority at the same time.
(d) The members of the authority shall enter upon their duties immediately upon the next scheduled meeting.
(e) Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term.
(f) The authority shall elect one of its members as chairperson and another member as vice chairperson. The clerk of the Board of Commissioners of Chatham County shall be the secretary and treasurer. Said clerk shall not be a member of the authority.

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(g) The county attorney shall be the attorney for the authority and serve as its counsel in all matters.
(h) Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority.
(i) The authority shall make rules and regulations for its own government. It shall have perpetual existence.
(j) Any member of the authority may be removed from office by the governing authority which appointed such member for failure to perform his or her duties as a member of the authority. Such failure shall include without limitation absence from three consecutive meetings of the authority, unless excused by reasonable grounds as determined by a majority of the authority. Any office so vacated shall be rilled within 60 days by appointment by the Board of Commissioners of Chatham County. The new appointee shall serve the remainder of the unexpired term to which he or she is appointed.
Section 3. As used in this Act, the term:
(1) "Authority" shall mean the Chatham County Recreation Authority created in Section 2 of this Act.
(2) "Cost of the project" shall embrace the cost of acquisition and construction; the cost of all lands, properties, rights, easements, and franchises acquired and the cost of all conveyances in fee simple of the authority's title thereto and leases thereof; the cost of all machinery and equipment and financing charges and interest prior to and during construction and for one year after completion of construction; cost of engineering, architectural, fiscal, and legal expenses, and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized by this Act; the acquisition and construction of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.
(3) "Project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of athletic and recreation 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, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; the acquisition of parking facilities or parking areas in connection therewith; the acquisition of the necessary property therefor, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such recreational facilities and areas deemed by the authority to be necessary, convenient, or desirable.
(4) "Revenue bonds," "bonds," and "obligations," means revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall mean obligations of the authority the issuance of which are specifically provided for in this Act.
(b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom, including the anticipated revenues and earnings from the lease of any project, and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of acquiring, operating, maintaining and repairing improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

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Section 4. (a) The authority shall have powers:
(1) To have a seal and alter the same at pleasure;
(2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of the same in any manner it deems to the best advantage of the authority. If the authority shall deem it expedient to construct any property on any lands the title to which shall then be in the State of Georgia, the Governor is authorized to convey for and in behalf of the state title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state of the reasonable value of such lands or upon the receipt of such lawful consideration as may be determined by the parties to such conveyance. If the authority shall deem it expedient to acquire and construct any project on any lands, the title to which shall then be in the name of the Board of Commissioners of Chatham County or any municipality incorporated in said county, the governing authority or body of said county or any of said municipalities is authorized to convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyances or upon payment for the credit of the general funds of said county or municipalities of the reasonable value of such lands, such value to be determined by mutual consent of said county or municipality and the authority or by an appraiser to be agreed upon by the governing authority or body of said county or municipality and the chairperson of the authority;
(4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys and fix their respective compensation;
(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for the acquisition and construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, including contracts for acquiring, constructing, renting, and leasing of its projects for use of Chatham County or any municipality in Chatham County, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all persons, firms, and corporations and the state and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and sublease agreements with the State of Georgia or any agencies or departments thereof relative to parks and recreational centers, areas, and facilities and relative to any property which such department or other agency or department of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agency or department thereof and the authority is specifically authorized to convey title in fee simple to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia or the United States government, or any agency or department thereof, subject to the rights and interest of the holders of any of the bonds or obligations authorized to be issued pursuant to this Act, and by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in this Act;
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America and any agency or instrumentality thereof;

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(7) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
(8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose;
(9) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
10) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state;
(11) To borrow money for any of its corporate purposes from any bank, banks, or other lending institutions and to execute evidences of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the authority from a lease or leases entered into by the authority as the lessor and Chatham County or a municipality within it as the lessee;
(12) To do all things necessary or convenient to carry out the powers expressly given in this Act; and
(13) To make recommendations to the Board of Commissioners of Chatham County on land acquisition, facilities development, and other matters relating to the provision of recreation and recreational opportunities to the citizens of Chatham County and the municipalities within it.
(b) The authority and the trustee acting under a trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created.
Section 5. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as defined in this Act of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided for in this Act for such payment. The bonds of each issue shall be dated and shall bear interest at such rate or rates as determined by the authority, payable on such dates as determined by the authority. Principal on such bonds shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity at the option of the authority at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto.
Section 6. 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 thereof shall be exempt from all taxation within the state.
Section 7. The authority may sell such bonds in such manner and for such prices as it may determine to be for the best interest of the authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.

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Section 8. Such revenue bonds may 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 and Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members, subject to the provisions of Chapter 14 of Title 50 of the O.C.G.A., governing open and public meetings. Before the vote to issue any revenue bonds, the authority must advertise in the Savannah News and Savannah Press at least once for three consecutive weeks the intent to vote on these bonds. The advertisements shall be a minimum of one-eighth of a page in size and shall list all details of the proposed revenue bond issue, including the date, time, and place when the authority will vote on the issue.
Section 9. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or of Chatham County, or a pledge of the faith and credit thereof; but such bonds shall be payable solely from the rentals, revenues, earnings, and funds of the authority as provided in the resolution or trust agreement or indenture authorizing the issuance and securing the payment of such bonds. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state or any political subdivision thereof, including specifically said county, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. However, Chatham County and any other political subdivision contracting with the authority may obligate itself to pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section, and from any other source; and, the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of Article IX, Section V, Paragraph I of the Constitution of the State of Georgia. When such obligation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such obligation. Without limiting the obligations of any political subdivision contracting with the authority in accordance with this Act, it shall be required that prior to entering into any such contract, the authority or the political subdivision with whom such contract will be executed shall prepare or cause to be prepared a feasibility study including a projection of revenues for the project which is the subject of such contract. The political subdivision entering into a contract with the authority shall, prior to entering into the contract, properly advertise their intention and call at least one public hearing on the subject not less than three weeks prior to the date on which the political subdivision plans to vote to approve the signing of the contract.
Section 10. The revenues, rents, and earnings derived from any particular project or projects and any and all revenue, rents, and earnings received by the authority, regardless of whether such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the authority to the payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds. Such funds so pledged from whatever source received, which may include funds received from one or more or all sources, may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of: (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds retired by call or purchase. The use and disposition of any sinking fund may be subject to such regulation as may be provided

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for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same.
Section 11. The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose and the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption provided in this Act shall not include an exemption from sales and use tax on property purchased by or for the use the authority.
Section 12. The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority.
Section 13. The property of the authority shall not be subject to levy and sale under legal process.
Section 14. Any action to protect or enforce any rights under the provisions of the Act or any suit or action against such authority shall be brought in the Superior Court of the Eastern Judicial Circuit, Chatham County, Savannah, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
Section 15. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law". The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to being sued and if consenting to same, 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 the state or such municipality, county, authority, political 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 part of the basis of the security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the authority.
Section 16. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will'the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and upon the issuance of bonds under the provisions of this Act shall constitute a contract with the holders of such bonds.
Section 17. All funds received pursuant to the authority of this Act, whether as proceeds from sale of revenue bonds or as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contributions shall be deemed to be trust funds to be held and applied by the authority solely as provided in this Act, and the bondholders entitled to receive the

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benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the authority.
Section 18. This Act and any other law enacted with reference to the Chatham County Recreation Authority shall be liberally construed for the accomplishment of its purposes.
Section 19. Should any sentence, clause, phrase, or part of the Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof.
Section 20. The scope of the authority's operation shall be limited to the territory embraced within Chatham County.
Section 21. Should the authority for any reason be dissolved after full payment of all bonded indebtedness incurred under the provisions of this Act, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to Chatham County; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance.
Section 22. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 23. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 49, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston
rRS..>. coobut-itnson Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy
Day Hemmer

Isakson

Oliver

Langford of 35th (excused) Walker

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On the passage of all the local bills, the yeas were 49, nays 0.
All the bills on the Senate Local Consent Calendar, except SB 641, having received the requisite constitutional majority, were passed.
SB 641, having received the requisite constitutional majority, was passed by substitute.
SENATE RULES CALENDAR
Friday, March 4, 1994
THIRTY-FIFTH LEGISLATIVE DAY
HB 989 City/County Urban Development--condemnation proceedings (Substitute) (S Judy--2nd) Stanley--49th
HB 1493 Private Detective, Security Business--licensure (ST&I--10th) Davis--48th
HB 1626 Department of Children and Youth Services--entering into contracts (YA&HE--52nd) Sinkfield--57th
HB 1627 Department of Children and Youth Services--liability insurance for certain vehi cles (YA&HE--43rd) Sinkfield--57th
HB 1531 Violation of Loitering Ordinance--arrest (Judy--42nd) Sherrill--62nd
HB 1651 Department of Natural Resources--relating to employment of certain custodial workers, cooks (Nat R--3rd) Hanner--159th
HB 1586 Superior Court Judges Retirement--cost of living increases (Ret--31st) Cummings--27th
HB 408 Podiatrists--applications for examination (Substitute) (H&HS--15th) Childers--13th
HB 1517 Motor Fuel Tax--exemption certificates for nonhighway use fuel (F&PU--20th) Parham--122nd
HB 1314 Quality Basic Education Act--capital outlay funds (Substitute) (Ed--4th) Godbee--145th
HR 668 Howard "Bo" Warren Parkway--designate (Trans--23rd) Mosley--171st
HR 744 Brooks County--conveyance of certain state property (F&PU--8th) Reaves--178th
HR 768 Vendie Hudson Hooks, Sr., Memorial Highway--designate (Trans--20th) Parrish--144th
HR 814 Floyd County--conveyance of certain state property (F&PU--52nd) Childers--13th
HR 816 Glynn County--conveyance of certain state property (F&PU--6th) Smith--174th
HR 817 Glynn County--conveyance of certain state property (F&PU--6th) Smith--174th
HR 819 Chatham County--lease of certain state property (F&PU--1st) Dixon--150th
HR 823 Jenkins County--conveyance of certain state property (F&PU--4th) Godbee--145th
HR 842 Bryan County--lease of certain state property (Substitute) (F&PU--20th) Purcell--147th
HR 859 Rabun County--lease of certain state property (F&PU--50th) Twiggs--8th
HR 907 Sale of Ports Authority Property, Columbus--for portions of Olympics softball (EDT&C--16th) Buck--135th

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HR 1012 Grady County--conveyance of state owned property (F&PU--llth) Bates--179th
Respectfully submitted,
/s/ David Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:
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.
Senate Sponsor: Senator Alien of the 2nd.
The Senate Special Judiciary Committee offered the following substitute to HB 989:
A BILL
To be entitled an Act 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 corpo ration or a county for urban development purposes, so as to provide that a municipal corpo ration of a county may use any tax liens or special assessments tax liens to set off an award made in any such condemnation proceedings; to provide for exceptions; to provide for mat ters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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 corporation or a county for urban development purposes, is amended by striking in its entirety subsection (b) and in serting in lieu thereof the following:
"(b) Whenever condemnation proceedings are instituted and carried on by a municipal ity or county in accordance with subsection (a) of this Code section or through any other method of condemnation provided by law, upon the payment by the municipality or county seeking condemnation of the amount of the award and final judgment on appeal the munici pality or county shall become vested with a fee simple indefeasible title to the property to which the condemnation proceedings relate. Such payment may be offset in whole or in part by the amount of any municipal or county tax liens on the condemned property and by any existing special assessments tax liens on the condemned property, including without limita tion education or special district taxes collected by the municipality or county; provided, however, that any such setoff'shall be subject to any existing tax liens having higher priority pursuant to Code Section 48-2-56 and to the interest in the condemned property of any known beneficiary of a year's support pursuant to Code Section 53-5-2; provided, further, that where the condemned property is subject to a valid deed to secure debt, such setoff shall only be allowed for tax liens which arose as a result of an assessment against such property. It is declared to be necessary, to enable such municipalities and counties to exer cise their powers under this Code section, that upon the condemnation proceedings being had, the municipalities and counties shall become vested with fee simple indefeasible title to the property involved in the proceedings."
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.

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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:

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

Those not voting were Senators:

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston
R ivHflJV<
Robinson
QOC/wUHtL
Slotin Starr Taylor Thomas Thompson Turner Tysinger

Abernathy Alien

Isakson

Oliver

Langford of 35th (excused) Walker

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
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.
Senate Sponsor: Senator Thomas of the 10th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks 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 Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien

Clay Isakson

Longford 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.

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.

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:

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

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Ragan of llth Ragan of 32nd Ralston Ray
Robinson

Scott Slotin Starr Taylor
Thomas

Those not voting were Senators:

Abernathy

Alien

Thompson Turner
. 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.

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.
Senate Sponsor: Senator Parrish of the 43rd.

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

Those voting in the affirmative were Senators:

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

Those not voting were Senators:

Abernathy Alien

Langford of 35th (excused) Perdue

Ragan of llth

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

FRIDAY, MARCH 4, 1994

1293

The following bill of the Senate was taken up for the purpose of considering the House action thereto:
SB 242. By Senators Harbison of the 15th, Crotts of the 17th, Hill of the 4th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the provisions relating to free license plates and revalidation decals for certain disabled veterans; to change the provi sions relating to drivers' licenses for veterans.
The House substitute to SB 242 was as follows:
A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the provisions relating to free license plates and revalidation decals for certain disabled veterans; to change the provisions relating to drivers' licenses for veterans; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (b) of Code Section 40-2-69, relating to free license plates and revalidation decals for certain disabled veterans, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any wartime veteran who was discharged under honorable conditions and who has been adjudicated by the United States Department of Veterans Affairs as being 100 percent totally and permanently disabled and entitled to receive service connected benefits shall, upon application therefor, be issued a free motor vehicle license plate upon presentation of proof that he or she is receiving or that he or she is entitled to receive benefits for a 100 percent service connected disability, as long as he or she is 100 percent disabled. A veteran who claims that such 100 percent total disability is~permanent shall furnish proof of such permanent disability through a letter from the United States Department of Veterans Affairs.''
Section 2. Said title is further amended by striking subsection (c) of Code Section 40-269, relating to free license plates and revalidation decals for certain disabled veterans, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) Once a veteran has established his or her eligibility to receive free motor vehicle license plafes as a result of being permanently disabled, he or she shall be entitled to receive free plates or free revalidation decals in succeeding years on any automobile, private passen ger pickup truck, station wagon, or van type vehicle of three-quarter tons or less that he or she may own or jointly with his or her spouse own or acquire in the future.
(2) Once a veteran has established his or her eligibility to receive free motor vehicle license plates as a result of having a 100 percent total disability which has not been deter mined to be a permanent disability, he or she shall be entitled to receive free plates or free revalidation decals in succeeding years upon furnishing, on an annual basis, proof of such 100 percent disability through a letter from the United States Department of Veterans Af fairs. Such free plates or free revalidation decals shall apply to any automobile, private pas senger pickup truck, station wagon, or va" type vehicle of three-quarter tons or less that he or she may own or jointly with his or her spouse own or acquire in the future.
(3) Two license plates or revalidation decals each year shall be furnished to veterans qualifying under this Code section unless the originals are lost. Such plates shall be fastened to both the front and the rear of the vehicle."
Section 3. Said title is further amended by striking subsection (d) of Code Section 40-536, relating to veterans' licenses, honorary licenses, and other distinctive licenses, and in-

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serting in lieu thereof a new subsection (d) to read as follows:
"(d) Honorary licenses may be issued to:
(1) A resident of Georgia who is the surviving spouse of a veteran as defined by para graph (1) of subsection (c) of this Code section. Any license to such spouse shall be valid only as long as that person remains unmarried; or
(2) A resident of Georgia who is the spouse of a veteran who would be qualified to receive a veteran's license but who is permanently disabled to the extent that he or she cannot operate a motor vehicle."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Harbison of the 15th moved that the Senate agree to the House substitute to SB 242.
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 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 Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien Egan

Henson

Parrish

Langford of 35th (excused) Scott

Oliver

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 242.
The Calendar was resumed.

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 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.
Senate Sponsor: Senator Oliver of the 42nd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 4, 1994

1295

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 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

Hill Langford of 35th (excused)

Parrish Perdue

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 adhere to the Senate substitute to HB 337 and that a Conference Committee be appointed.
On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 337.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Oliver of the 42nd, Slotin of the 39th and Thomas of the 10th.
The Calendar was resumed.

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.
Senate Sponsor: Senator Kemp of the 3rd.

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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 Bwen Broun of 46th Brown of 26th Burton CClhaeyeks Coleman
Day Dean Edge Egan

Farrow
Gillis Glanton Gochenour Guhl Harbison Hemmer ,,.,, 2Hook, s
Muggins
Isakson Kemp
Langford of 29th
Madden Marable

McGuire
Middleton Newbill Oliver p ollard Ragan of llth
32nd Df ~Rav
Robinson
Scott Slotin
Thomas
Thompson Turner

Those not voting were Senators:

Abernathy Alien Henson Langford of 35th (excused)

Parrish Perdue Starr

Taylor Tysinger Walker

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act 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 provide an exception; to prohibit hunting with a crossbow except under such circumstances as provided by the Board of Nat ural Resources; to provide for applicability to certain persons; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," is amended by striking subsection (a) of Code Section 27-2-4, relating to honorary hunting and fishing licenses, in its entirety and inserting in lieu thereof the following:

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1297

"(a) The department shall issue a lifetime honorary hunting and fishing license, which shall entitle a resident to hunt and fish in this state without the payment of any fee whatso ever, to each resident:
(1) Who has attained the age of 65 and who applies to the department for such license; or
(2) Who files with the department a letter from the United States Department of Veter ans Affairs or from a physician licensed to practice medicine under the laws of Georgia, which letter certifies that auch resident ia totally and permanently disabled ond which letter contains information establishing that such certification is based upon application of the guidelines and procedures for determining total disability ratings for compensation as con tained in the United States Department of Veterans Affairs Schedule for Rating Disabili ties, Loose Leaf Edition is permanently and totally disabled. For purposes of this Code section, a permanent, totafdTsability shall be a physical or mental impairment of a total and permanent nature which prevents gainful employment and which is certified as such by the United States Department of Veteran Affairs, the Social Security Administration, Medicaid, medicare, the Railroad Retirement System, or a unit of federal, state, or local government recognized by the board by rule or regulation; provided, however, that persons disabled be cause of a mental impairment shall be issued an honorary fishing license only?1
Section 2. Said title is further amended by striking paragraph (6) of Code Section 27-34, relating to legal weapons for hunting wildlife, in its entirety and inserting in lieu thereof the following:
"(6) The use of crossbows for hunting within this state is prohibited, provided, however; that individuals who receive and retain in their possession a lifetime honorary hunting and fishing license pursuant to paragraph (2) of subsection (a) of Code Section 27'2 4 by filing with the Department a letter from the United Statca Department of Veterans Affaira 01 frem-a-physician licensed to practice medicine under the laws of Georgia which letter certi fies that auch rcaidcnt is totally and permanently disabled and which letter eontaina infor mation establishing that auch certification is baaed upon application of the guidelines and procedures for determining total diaability ratinga for compensation aa contained in the United Statca Department of Veterans Affairs Schedule for Rating Disabilities, Looac Leaf Edition, may use a croaabow for hunting dec? during the archery acaaon for deer and during primitive weapons hunts on wildlife management arcaa. Additionally, individuals who do not qualify for an honorary hunting license but have had amputation of an arm or hand may be issued a special permit by the department to hunt deer with a crossbow except under such circumstances and conditions as the board shall prescribe by rule or regulation. Such rules or regulations may require that any person hunting with a crossbow obtain and retain in his or her possession a permit to hunt deer with a crossbow. Individuals who have re ceived a special crossbow hunting permit from the department prior to July 1, 1002 1994, may continue to hunt deer with a crossbow;"
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Gillis of the 20th moved that the Senate agree to the House substitute to SB 592.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

TBalfour 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

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Muggins 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 Thomas Turner Tysinger Walker

Those not voting were Senators:

. Abernathy Alien Day

Henson

Taylor

Langford of 35th (excused) Thompson

Parrish

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 592.

Senator Robinson of the 16th, President Pro Tempore, assumed the Chair. The Calendar was resumed.

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.
Senate Sponsor: Senator Harbison of the 15th.
The Senate Health and Human Services Committee offered the following substitute to HB 408:
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 substantially revise the law relating to podia try; to provide for a short title, legislative intent, and definitions; to provide for the State Board of Podiatry Examiners and its composition, appointment, approval, organization, quorum, and vacancies; to provide for members of such board and for their qualifications, terms of office, oaths, and removal; to provide for duties and functions of such board; to provide for duties of the joint-secretary of the state examining boards; to provide for rules and regulations; to prohibit certain practices and conduct and provide for exceptions; to provide for residents in podiatric medicine; to provide for consultations and temporary li censes; to provide for delegation of functions; to provide for qualifications for licensing; to provide for examinations; to provide for reciprocity; to provide for license issuance, expira tion, renewal, and restoration; to provide for continuing education; to provide for discipli nary action and proceedings by the board; to provide for judicial review; to provide for immunity; to provide for injunctive actions; to provide for penalties; 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 35, relating to podiatrists, and inserting in its place the following:
"CHAPTER 35
43-35-1. This chapter shall be known and may be cited as the 'Georgia Podiatry Prac tice Act.'
43-35-2. This chapter is enacted for the purpose of safeguarding the public health, safety, and welfare by providing for administrative control, supervision, and regulation of

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the practice of podiatric medicine in this state. The practice of podiatric medicine is de clared to be affected with the public interest.
43-35-3. As used in this chapter, the term:
(1) 'Board' means the State Board of Podiatry Examiners.
(2) 'License' means a valid and current certificate of registration issued by the jointsecretary on behalf of the board which shall give the person to whom it is issued authority to engage in the practice prescribed thereon.
(3) 'Licensee' means one who holds a license under this chapter.
(4) 'Person' means a human person only.
(5) 'Podiatric medicine,' which includes chiropody, podiatry, and podiatric medicine and surgery, means that portion of the practice of medicine identified by the acts described in any one or more of the following:
(A) Charging a fee or other compensation, either directly or indirectly, for any history or physical examination of a patient in a person's office or in a hospital, clinic, or other similar facility prior to, incident to, and necessary for the diagnosis and treatment, by pri mary medical care, surgical or other means, of diseases, ailments, injuries, or abnormal con ditions of the human foot and leg;
(B) Holding oneself out to the public, either directly or indirectly, as being engaged in the practice of podiatric medicine;
(C) Displaying or using a title or abbreviation such as 'Doctor of Podiatric Medicine,' 'D.P.M.,' 'Foot Doctor,' 'Foot Specialist,' 'Foot Surgeon,' 'Foot and Ankle Surgeon,' or other letters, designations, or symbols or signs of any type which expressly or implicitly indicate to the general public that the user renders treatment to the foot, ankle, and leg under the provisions of this chapter;
(D) Performing surgery on the foot or leg of a patient, except that when such surgery is performed under general anesthesia it shall be permissible only when said surgery is per formed at a facility permitted and regulated as a hospital or ambulatory surgical treatment center under Article 1 of Chapter 7 of Title 31 and when said general anesthesia is adminis tered under the direction of a duly licensed physician;
(E) Performing amputations of the toe; or
(F) Performing amputations distal to and including the tarsometatarsal joint but only when performed in a facility permitted and regulated as a hospital or ambulatory surgical treatment center under Article 1 of Chapter 7 of Title 31 and when performed by a podia trist who is certified by the board in meeting the requirements which shall be established by regulations of the board which have been jointly approved by the board and the Composite State Board of Medical Examiners.
(6) 'Podiatric resident' means a person who is engaged in a post graduate program of study or practice within this state approved by the board.
(7) 'Podiatrist' means a physician and surgeon of the human foot and leg who is subject to this chapter.
43-35-4. The State Board of Podiatry Examiners which existed on January 1, 1994, is continued in existence on and after that date. The members serving on the board on Janu ary 1, 1994, and any person appointed to fill a vacancy in such office shall continue to serve out their respective terms of office and until their successors are appointed and qualified. Their successors shall be appointed as provided by this chapter.
43-35-5. The State Board of Podiatry Examiners continued pursuant to Code Section 43-35-4 shall consist of four members. Any vacancy in office of such board resulting from expiration of term after this chapter becomes effective in 1994 shall be filled by appoint ment by the Governor and approval by the Senate for a term of three years. Three members

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shall be podiatrists and may be appointed from a list of at least three persons submitted to the Governor by the Georgia Podiatric Medical Association. The fourth member shall be appointed from the public at large and shall have no connection to the practice of podiatric medicine. All appointees to the board shall, immediately following their appointment, take and subscribe to a written oath or affirmation required by law for public officers. The Gover nor, after notice and opportunity for hearing, may remove any member for neglect of duty, incompetence, revocation or suspension of license, or other dishonorable conduct. After such removal, or after a vacancy due to other reasons, the governor shall appoint a successor to serve the unexpired term.
43-35-6. To be eligible for appointment to the board, a person must be a citizen of the United States and a resident of this state and, except for the person appointed from the public at large, must:
(1) Hold a license issued under the provisions of this chapter; and
(2) Have actively practiced or taught podiatry for at least five years.
43-35-7. A majority of the board members shall constitute a quorum for all board busi ness and, with the exception of hearings in contested cases, may conduct business in confer ence by telephone.
43-35-8, The joint-secretary shall perform such administrative duties as may be pre scribed by the board.
43-35-9. The board shall:
(1) Approve all examinations of applicants for licensure;
(2) Determine the qualifications of and authorize the issuance of licenses to qualified podiatrists and podiatric residents;
(3) Determine the qualifications and approve qualified colleges of podiatric medicine and courses in podiatry for the purpose of determining the qualifications of applicants for licensure;
(4) Prescribe and enforce minimum standards of professional conduct for the practice of podiatric medicine in this state;
(5) Initiate investigations into alleged or suspected violations of the provisions of this chapter or any other law of this state pertaining to podiatry and any rules and regulations adopted by the board;
(6) Conduct all hearings in contested cases according to state law;
(7) Suspend, revoke, or cancel the license of, or refuse to grant, renew, or restore a license to any person upon any ground specified in this chapter;
(8) Adopt a seal, the imprint of which, together with the authorized signature of the joint-secretary or other member authorized by the board, shall be effective to evidence its official acts;
(9) Maintain in the office of the joint-secretary a register of all persons holding a li cense; and
(10) Adopt such rules and regulations as shall be reasonably necessary for the enforce ment and implementation of the provisions and purposes of this chapter and other laws of this state insofar as they relate to the practice of podiatric medicine.
43-35-10. All rules and regulations adopted by the board as it existed prior to January 1, 1994, shall continue in effect until modified or repealed.

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43-35-11. (a) No person shall practice podiatric medicine unless he or she holds a li cense and otherwise complies with the provisions of this chapter and the rules and regula tions adopted by the board; provided, however, that this chapter shall not apply to any person licensed to practice medicine, as defined in Chapter 34 of this title; nor shall it apply to the recommending, fitting, or sale of corrective shoes or orthomechanical supports or sim ilar appliances by retail dealers or manufacturers; provided, however, that such dealers or manufacturers shall not otherwise be entitled to practice podiatric medicine as denned in this chapter unless duly licensed to do so.
(b) (1) Nothing is this chapter or any other law of this state shall prohibit the training and practice, for a period of one year or for such additional periods as the board may deter mine, by persons appointed as podiatric residents in programs utilizing training protocols approved by the board.
(2) Residents in podiatric medicine and surgery may perform such duties, tasks, or functions as considered appropriate for their educational advancement under the supervi sion of the appropriate health care practitioner.
(3) While serving in an approved postgraduate training program, residents in podiatric medicine and surgery shall not be subject to the continuing education requirements as set forth in Code Section 43-35-15.
(c) (1) Licensed podiatrists of other states and foreign countries may be permitted to enter this state for consultation with any licensed podiatric physician of this state. Such podiatrist from another state or foreign country shall not be permitted to establish offices in this state for the practice of podiatric medicine, either temporary or permanent, unless he or she obtains a license as elsewhere set forth in this chapter.
(2) A limited temporary license may, upon the approval of the board, be issued to a podiatrist from another state or country for the purpose of advancing medical education and enhancing the individual's training provided such podiatrist is fully licensed and a member in good standing in that state or country, and provided such podiatrist is under the supervi sion of a licensed podiatric physician of this state.
(3) A podiatrist from another state or foreign country issued a limited temporary li cense shall not be subject to the continuing education requirements as set forth in Code Section 43-35-15.
(d) Nothing in this chapter or other laws of this state shall prohibit the delegation by a podiatric physician to a podiatric assistant other qualified person of any acts, duties, or functions which are otherwise permitted by law or established by custom, nor shall the state prohibit the performance of such acts, duties, or functions by such person.
43-35-12. A license to practice podiatric medicine shall be issued to any person who:
(1) Is a graduate of an accredited college of podiatric medicine approved by the board;
(2) Holds a doctoral degree or its equivalent;
(3) Satisfactorily passes an examination prepared or approved by the board;
(4) Successfully completes postdoctoral training of no less than 12 months as a resident in podiatric medicine and surgery in a program or institution approved by, and in good standing with, the board;
(5) Has attained the age of 21 years;
(6) Is not disqualified to receive a license under the provisions of Code Section 43-35-16; and
(7) Pays the required fee to the board.
43-35-13. A license may, at the discretion of the board, be issued without examination to any person who:
(1) Holds a current license authorizing him or her to practice podiatric medicine in

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another state or country; provided, however, the state or country has statutory requirements substantially equal to or exceeding those of this chapter;
(2) Otherwise substantially meets all requirements for a license issued by the board;
(3) Is not disqualified to receive a license under the provisions of Code Section 43-35-16; and
(4) Pays the required fee to the board.
43-35-14. The board shall examine applicants upon the subjects required for the prac tice of podiatric medicine at least twice each year and shall use any method or procedure which the board deems necessary to test the applicant's qualifications to practice podiatric medicine. Any standardized examination which the board shall approve may be adminis tered to all applicants in lieu of or in conjunction with any other examination which the board shall administer.
43-35-15. (a) Licenses shall expire biennially. All applications for renewal of a license shall be filed with the joint-secretary prior to the expiration date, accompanied by the re newal fee prescribed by the board.
(b) (1) In order to maintain and enhance the professional competence of podiatrists licensed under the provisions of this chapter and for the protection of the health and wel fare of the people of this state:
(A) As a requirement for the biennial renewal of his or her license, a podiatric physician must submit proof to the board of the completion of not less than 50 hours of approved continuing education in the preceding two years;
(B) A podiatrist licensed by reciprocity under Code Section 43-35-13 or by examination during the first six months of the biennial licensing cycle, September through February, shall be required to obtain the full 50 hours of continuing education; if licensed during the following 12 months, March through February, the podiatrist shall be required to obtain 30 hours of continuing education; if licensed during the last six months, March through Au gust, the podiatrist shall be exempt from continuing education requirements for that bien nial licensing cycle.
(2) In lieu of individual state regulations, the board will recognize for continuing educa tion purposes all providers and sponsors of programs approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association.
43-35-16. (a) The board shall, after notice and opportunity for hearing, have the power to suspend, revoke, or cancel the license of, or refuse to grant, renew, or restore a license to, any licensee or applicant for a license upon proof of any one of the following grounds:
(1) Employment of fraud or deception or cheating in applying for a license or in taking an examination for a license;
(2) Failing to demonstrate the qualifications or standards for a license as provided by this chapter;
(3) Knowing making a misleading, deceptive, false, or fraudulent representation con cerning the practice of podiatry or in any document connected therewith, or practicing fraud or deceit or cheating or intentionally making any false statement in taking an examination or in obtaining a license to practice podiatry or intentionally making any false statement in any document submitted to the board;
(4) Conviction of a felony in this state or any other state, territory, or country which, if committed in this state, would be deemed a felony without regard to its designation else where. For this purpose, a conviction shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, regardless of whether an adju dication of guilt or sentence is entered thereon;
(5) Commission of a crime involving moral turpitude within this state or within any

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1303

other state, territory, or country which, if committed in this state, would be deemed a crime involving moral turpitude without regard to its designation elsewhere where:
(A) A plea of nolo contendere was entered to the charge;
(B) First offender treatment was granted pursuant to the charge, without adjudication of guilt; or
(C) An adjudication or sentence was otherwise withheld or not entered on the charge;
(6) Revocation, suspension, or annulment of a license to practice podiatric medicine by any lawful licensing authority in any state, territory, or country, or any other disciplinary action taken against a licensee by any lawful licensing authority, or having been denied a license by any other licensing authority;
(7) Advertising for or soliciting patients by any means other than as provided by the rules and regulations of the board;
(8) The displaying of an inability to practice podiatric medicine with reasonable skill and safety to patients or having become unable to practice podiatric medicine with reasona ble skill and safety to patients by reason of illness, the use of alcohol or drugs, narcotics, chemicals, or any other substance or as a result of any mental or physical condition. In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by physicians designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute. Every person who shall accept the privilege of practicing podiatric medicine in this state or who shall file an application for a license to practice podiatric medicine in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If the licensee or appli cant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal;
(9) Flagrant immorality;
(10) Practicing under a false name or the impersonation of another person except as may be permitted by the laws of this state and rules and regulations of the board concerning professional corporations or associations;
(11) In light of the condition of the patient at the time of prescription, knowingly pre scribing controlled substances or any other medication without a legitimate medical purpose or knowingly overprescribing controlled substances or other medications or chemicals;
(12) Division of fees for professional services with any person, firm, association, or cor poration for bringing or referring a patient;
(13) Engaging in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which need not have resulted in actual injury to any person, and shall also include departure from, or the failure to conform to, the minimum prevailing standards for the practice of podiatric medicine in this state; or
(14) Violating any other standard of professional conduct as may be prescribed by the board.
(b) Upon a finding of the board that the public health, safety, or welfare imperatively requires emergency action and incorporating a finding to that effect in any order, summary suspension of a license may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly instituted and determined.
(c) Upon a finding by the board that a license should be denied or sanctioned pursuant to subsection (a) of this Code section, the board may take any one of more of the following actions:

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(1) Deny a license to an applicant or refuse to renew a license;
(2) Administer a public reprimand;
(3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license;
(4) Limit or restrict any license as the board deems necessary for the protection of the public;
(5) Revoke any license;
(6) Condition the penalty or withhold formal disposition upon applicant's or licensee's submission to such care, counseling, or treatment as the board may direct; or
(7) In addition to and in conjunction with the actions provided for in this subsection, may make a finding adverse to the licensee or applicant but withhold imposition of judg ment and penalty or may impose the judgment and penalty but suspend the enforcement thereof and place a licensee on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose.
(d) Initial judicial review of a final decision of the board shall be had solely in the Superior Court of Fulton County.
(e) In its discretion, the board may reinstate a license which has been revoked or issue a license which has been denied or refused, following such procedures as the board may adopt by rule; and, as a condition thereof, the board may impose any disciplinary or corrective measure authorized by this chapter.
(f) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant.
(g) A person, partnership, firm, corporation, association, authority, or other entity shall be immune from civil or criminal liability for reporting or investigating the acts or omissions of a licensee or applicant or for initiating or conducting proceedings against such licensee or applicant pursuant to the provisions of this chapter or any other provision of law relating to the licensee's or applicant's fitness to practice podiatric medicine, if such action is taken in good faith, without fraud or malice. Any person who testifies in good faith or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding concerning a violation of this chapter or any other law relating to the licensee's or applicant's fitness to practice podiatric medicine shall be immune from civil and criminal liability for so testifying, participating, or recommending.
(h) Neither a denial of a license on grounds other than those enumerated in subsection (a) of this Code section nor the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license shall be considered a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Ad ministrative Procedure Act.' Notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the licensee or applicant shall be allowed to appear before the board if he or she so requests.
(i) If any licensee fails to appear at any hearing after reasonable notice, the board may proceed to hear evidence against such licensee and take action as if such licensee had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served upon the licensee or applicant by certified mail, return receipt requested, to the last known address of record with the board. If such mate rial is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the li censee or applicant cannot, after diligent effort, be located, the joint-secretary shall be

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deemed to be the agent for such service for such licensee or applicant for the purposes of this Code section; and service upon the joint-secretary shall be deemed to be service upon the licensee or applicant.
(j) The voluntary surrender of license shall have the same effect as a revocation of said license, subject to reinstatement in the discretion of the board.
43-35-17. The practice of podiatric medicine is declared to be an activity affecting the public interest and involving the health, safety, and welfare of the public. Such practice when engaged in by a person who is not licensed under the provisions of this chapter is declared to be a public nuisance, harmful to the public health, safety, and welfare. The board, or the district attorney of the district where such nuisance exists, may bring a peti tion to restrain and enjoin such unlicensed practice in the appropriate court of the county where such unlicensed person resides. It shall not be necessary in order to obtain an injunc tion under this Code section to allege or prove that there is no adequate remedy at law.
43-35-18. Any person who violates any provision of this chapter shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not less than $500.00 nor more than $1,000.00 or by imprisonment from two to five years or both."
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:

Balfour Baugh Blitch Boshears Bowen Brown of 26th Burton Cheeks CC,,,loalyeman Crotts
Day Dean Edge Egan Farrow Gillis

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

Those not voting were Senators:

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston j^ Q ,,. O ,,,C loOtlt. tn htarr
Taylor Thomas Thompson Turner Tysinger Walker

Abernathy Alien

Broun of 46th

Parrish

Langford of 35th (excused) Robinson (presiding)

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

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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.

Senate Sponsor: Senator Henson of the 55th.

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
March 1, 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 1517 (LC 16 3581) Motor Fuel Tax Law: Exemption
Dear Chairman Buck:
This bill provides that any fuels sold by a distributor to a purchaser who has a storage receptacle which has a connection to a withdrawal outlet that may be used for highway use is not exempt from the motor fuel and road taxes. The exemption will apply if the purchaser is a licensed distributor and has obtained an exemption certificate from the Department of Revenue showing that the purchaser has no highway use of such fuels. Each exemption certificate will be valid for a period of three years.
This bill would have no impact on State revenue.

Sincerely,
1st Claude L. Vickers State Auditor
Is/ Henry M. Huckaby, Director Office of Planning and Budget
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour

Baugh

Blitch

Boshears

Bowen 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 Ray Scott Slotin Starr

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Taylor Thomas

Thompson Turner

Tysinger

Those not voting were Senators:

Abernathy Alien Henson

Langford of 35th (excused) Robinson (presiding)

Parrish

Walker

Ralston

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Hill of the 4th.

The Senate Education Committee offered the following substitute to HB 1314:

A BILL
To be entitled an Act to amend Article 6 of Chapter 2 of Title 20 Of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change definitions relating to capital outlay funds for education; to provide for policies, guidelines, standards, and re sponsibilities of the State Board of Education with regard to capital outlay projects; to change minimum school size and grade configuration requirements for the purpose of cer tain capital projects; to delete funding authorization for planning studies; to provide for construction projects for exceptional growth school systems; to provide for additional condi tions prior to requesting or expending state or local funds for certain captial projects; to change the provisions relating to capital funding priorities; to authorize certain changes in plans for capital projects and prohibit certain actions as a result of those changes; to delete certain provisions relating to statutory construction; to change the provisions relating to funding of school mergers and consolidations; to change certain conditions relating to spar sity grants; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by striking Code Section 20-2-260, relating to capital outlay funds, and inserting in its place the following:
"20-2-260. (a) It is declared to be the policy of the State of Georgia to assure that every public school student shall be housed in a facility which is structurally sound and well main tained and which has adequate space and equipment to meet each student's instructional needs as those needs are defined and required by this article.
(b) As used in this Code section, the following words or terms shall have the following meanings:
(1) 'Addition' refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site.
(2) 'Annual debt service' is defined as expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the inter est on the principal as well as the principal of the debt.

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(3) 'Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities.
(4) 'Construction project' refers to the construction of new buildings, additions or ex pansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes con nected thereto, related to educational facilities.
(5) 'Educational facilities' shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall include classrooms, li braries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafetoriums, media centers, building equipment, building fixtures, furnishings, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition and the central and area administrative offices of local units of administration.
(6) 'Educational facilities survey' is defined as a systematic study of present educational facilities and a five-year forecast of future needs which shall include, but shall not be lim ited to, the needs set forth in subsection (j) of thia Code section baaed on the instructional program and service requirements of thia article.
(7) 'Entitlement' refers to the maximum portion of the total need that may be funded in a given year.
(7.1) 'Exceptional growth' refers to the calculated average increase in a school system's average full-time equivalent student counts when the sum of that school system's full-time equivalent student counts for the most recently completed school years is divided by three to provide the average full-time equivalent student count for the most recent three year period and this calculated average is compared to the calculated average of that school sys tem's average full-time equivalent student counts for the three school years immediately preceding the most recently completed school year.
(8) 'Full-time equivalent student count' is defined as the average of the two full-time equivalent counts pursuant to Code Section 20-2-160 for a school year; provided, however, that the average daily membership shall be used in lieu of such full-time equivalent student counts for school years for which such counts are not available.
(9) 'Local funds' refers to funds available to local school systems from sources other than state and federal funds except any federal funds designed to replace local tax revenues.
(10) 'Net equalized adjusted school property tax digest' is defined as the equalized ad justed school property tax digest furnished pursuant to Code Section 48-5-274, reduced in accordance with paragraphs (1) and (2) of subsection (a) of Code Section 20-2-164.
(11) 'Physical education facility' is defined as any facility which is designed for an in structional program in physical education and shall exclude any spectator stands, lobbies, public restrooms, concession areas, or space normally identified to serve only the interscholastic athletic program in which the school may participate.
(12) 'Renovation' or 'modernization' or both refers to construction projects which con sist of the initial installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifi cations within an existing facility, but excluding routine maintenance and repair items or operations.
(13) 'Required local participation' is defined as the amount of funds which must be contributed by local school systems from local funds for each construction project.

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(14) 'Unhoused students' is defined as those students who are not housed in school facilities which are structurally sound with adequate space as defined by the state board.
(15) 'Weighted full-time equivalent student count' is defined as the average weighted full-time equivalent count as defined in paragraph (3) of subsection (a) of Code Section 202-165.
(c) The state Board of Education shall adopt policies, guidelines, and standards, pursu ant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' that meet the requirements specified in this Code section. The state board's responsibilities shall include the following:
(1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local school system. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in per manent and temporary buildings; local property assessment for bond purposes; outstanding school bonds and annual debt service; and buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Educa tion staff shall annually review, certify the accuracy of, and approve each local school sys tem's inventory;
(2) To adopt policies, guidelines, and standards for the educational facilities survey re quired of local school systems. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board of education, the servicing regional educational services agency, and other educational centers and agen cies servicing the local board; and individuals deemed unacceptable by the local board. The state board shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and sup port space; assessment of existing educational facilities; extent of obsolescence of facilities; and recommendations for improvements, expansion, modernization, safety, and energy re trofitting of existing educational facilities. The Department of Education staff shall review and certify as to the accuracy of each educational facilities survey. The state board shall approve or reject the recommendations of the survey team and shall establish appeal proce dures for rejected surveys;
(3) To adopt policies, guidelines, and standards for educational facilities construction plans. Local school system facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educa tional facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; proposed construction projects for the purpose of consolidating small, inefficient educational facilities, if any which are less than the minimum size specified in subsection (q) of this Code section; and other construction projects needed to house the instructional pro grams authorized by provisions of this article;
(4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per student; number and size of classrooms; allow able construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient,

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and economical educational facilities. The state board shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and support ive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, mod ernization, or additions, provided that such additions do not increase the student capacity of the facility substantially above the capacity for which it was designed;
(5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assess ment shall be developed from, among other sources, vital statistics published by the Depart ment of Human Resources, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans and shall reflect circumstances where rapid population growth is caused by factors not reflected in full-time equivalent student projection research. In addition, the state board shall develop a consistent, systematic research approach to full-time equivalent student pro jections which will be used in the development of needs within each local unit. Projections shall not be confined to full-time equivalent resident students but shall be based on fulltime equivalent student counts which include full-time equivalent nonresident students, whether or not such full-time equivalent nonresident students attend school pursuant to a contract between local school systems. The full-time equivalent projection shall be calcu lated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation. The schedules for allowable square footage and cost per square foot shall be specified in regula tions by the State Board of Education;
(6) To adopt policies, standards, and guidelines to ensure that the provisions of subsec tions (e), (f), (g), and (h), (i), (j) and (k.l) of this Code section relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance funding for certain construction projects, exceptional growth construction projects, and consolidation of schools across system lines are carried out;
(7) To review and approve proposed sites and all architectural and engineering draw ings and specifications on construction projects for educational facilities to ensure compli ance with state standards and requirements, and inspect and approve completed construc tion projects financed in whole or in part with state funds, except construction projects under supervision of the Georgia State Financing and Investment Commission. The state board may designate selected local units of administration which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of the Georgia State Financing and Investment Commission;
(8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources; and
(9) To provide procedures whereby local school systems may revise their educational facilities plans or the priority order of construction projects requested to reflect unforeseen changes in locally identifiable needs, which revisions shall be approved by the State Board of Education, provided the plan meets all policies, guidelines, and standards that meet the requirements specified in this Code section.
(d) In order to qualify for and receive state capital outlay funds in accordance with

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provisions of subsections (g) and (h) of this Code section, each local school system must meet the following conditions and requirements:
(1) Prepare and annually update the real property inventory in accordance with provi sions of subsection (c) of this Code section;
(2) Complete a local educational facilities plan in accordance with provisions of subsec tion (c) of this Code section. Each proposed construction project shall be identified accord ing to the purposes for capital outlay funds as provided in subsection (e) of this Code sec tion. Each local school system shall specify the order of importance of all proposed construction projects. When two or more local school systems agree on the need for a consol idation project pursuant to subsection (e) of this Code section, the estimated construction cost shall be prorated to the participating local school systems and included with their iden tification of needs in accordance with the proportion of the number of students to be served from each local school system;
(3) Prepare and annually update the local educational facilities needs in accordance with provisions of subsection (c) of this Code section;
(4) Complete a comprehensive educational facilities survey at least once every five years in accordance with provisions of subsection (c) of this Code section in order to formulate plans for educational facilities to house adequately the instructional program authorized by this article. Prior to initiating the survey, the local school system must file a written request with the State Board of Education that a survey be done in its behalf and recommending the individuals who will conduct it. The cost of the survey shall be paid from local funds;
(5) Submit requests for capital outlay funds to the Department of Education;
(6) Submit descriptions of proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the Department of Edu cation for review and approval in accordance with provisions of subsection (c) of this Code section;
(7) Revise the local educational facilities plan and priority order of requested construc tion projects in accordance with provisions of subsection (c) of this Code section;
(8) Provide required local participation; and
(9) The Bryan County and Laurens County school systems shall be considered sparsity systems under Code Section 20-2-292 due to barriers which divide each of the systems for the purpose of capital outlay funding. The State Board of Education shall not apply base size criteria or require other criteria under Code Section 20-2-292 to Bryan County and Laurens County when qualifying requested construction projects under this Code section.
(e) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes:
(1) To provide construction projects needed because of increased student enrollment or exceptional growth or to replace educational facilities which have been abandoned or de^ stroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing edu cational facilities or portions thereof to different sites;
(2) To provide construction projects to renovate, modernize, or replace educational fa cilities in order to correct deficiencies which produce educationally obsolete, unsafe, inacces sible, energy inefficient, or unsanitary physical environments;
(3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof to different sites in order to house changes in the instructional program authorized and funded under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local school system;
(4) To provide construction projects to consolidate educational facilities which have

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fewer pupils than required for the minimum school population by the State Board of Edu cation specified in subsection (q) of this Code section or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof to different sites;
(5) To provide construction projects to consolidate the total student populations in ele mentary, middle, or high schools across local school system lines. In such projects, there shall be no requirement to include a vocational wing as defined within the high school struc ture but neither shall such vocational wing be excluded for funding purposes; and
(6) To reimburse local school systems for current principal payments on local indebted ness for state approved construction projects for educational facilities. No local school sys tem may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed.
(f) The state and each local school system shall provide capital outlay funds for educa tional facilities in accordance with this subsection as follows:
(1) The required local participation shall be 25 percent of the eligible project cost as modified by the local ability ratio and annual debt service. The local ability ratio shall be determined by dividing the local school system's net equalized adjusted school property tax digest per weighted full-time equivalent resident student by the state-wide net equalized adjusted school property tax digest per weighted full-time equivalent resident student. The resulting ratio shall be multiplied by 25 percent of the cost of the eligible construction pro ject to determine the required local participation. A local school system may reduce its re quired local participation by an amount equal to no more than 75 percent of annual debt service payments of interest and principal on local bonds issued for eligible construction projects. Regardless of the above, no local school system's required local participation shall be less than 10 percent nor greater than 25 percent of the cost of an eligible construction project except as provided in paragraph (2) of this subsection; and
(2) The state shall participate in no more than 25 percent of the cost of construction projects related to damage to educational facilities caused by fire or natural disaster.
(g) (1) In order to determine a reasonable total funding level for the purposes stated in subsection (e) of this Code section, excluding funds provided for exceptional growth pursu ant to subsection (j) of this Code section, and to establish a fair and equitable distribution of funds to local school systems, the State Board of Education shall annually determine a level of authorization. For a given fiscal year, the new authorization level may equal zero but shall not exceed $100 million, adjusted annually to reflect the changes in the current annual construction cost data maintained by the Department of Education pursuant to paragraph (4) of subsection (c) of this Code section. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calcula tions shall be made for at least three levels below the $100 million maximum authorization, adjusted as specified in this paragraph.
(2) In setting the annual authorization level under this subsection, the state board shall consider any previously authorized but unfunded amounts together with the total estimate of funds needed for school facilities in the state. Such total state facilities needs pursuant to this subsection shall be computed by summing the following:
(A) The total facility improvement needs included in the most recent five-year educa tional facilities plan, excluding exceptional growth construction projects which shall be re quested under subsection (j) of this Code section, which has been reviewed by a survey team and approved by the state board. Such needs shall annually be adjusted downward for projects financed by either state or local funds and shall annually be adjusted upward or downward to reflect changes in the full-time equivalent student counts but shall not be otherwise adjusted upward except upon approval of a new or revised five-year plan pursuant to subsection (c) and (d) of this Code section; and

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(B) The sum of the annual debt service payments for the five-year period of the latest survey (that used in subparagraph (A) of this paragraph), excluding payments for postsecondary facilities, athletic facilities, administrative facilities, or other projects not in cluded in the approved five-year plan pursuant to subsections (c) and (d) of this Code sec tion. Such payments shall annually be adjusted downward for any portion used in lieu of required local participation as allowed in subsection (f) of this Code section and shall be adjusted upward for the remaining portion of the five-year period for increases in the an nual debt service payments resulting from local financing of projects covered by the state board approved plan.
(3) Each local school system shall be entitled to a portion of the total authorization set by the state board annually under this subsection based on the ratio of that local school system's needs as computed in paragraph (2) of this subsection to the total of all local school systems' needs. In addition to the annual entitlement, the local school system is eligi ble to receive any entitlement accrued from previous years for which state funds have not yet been received. Any change in the method of determining entitlements in subsequent years shall in no way affect the amount of previously accrued entitlements.
(4) In order to determine the amount of state funds to be requested for a given fiscal year under this subsection, total new and accrued entitlements must be compared to the state portion of the current cost estimates of the projects approved in the educational facili ties plan in priority order. Such comparison shall be made for each of the incremental enti tlement levels required in paragraph (1) of this subsection. In the event that projects re quested for funding exceed the total state entitlements and required local participation, local school systems may elect to contribute additional local funding. Local funds contrib uted in excess of required local participation may be credited as debt service credit only toward required local participation in subsequent years pursuant to paragraph (1) of subsec tion (f) of this Code section, provided that the requested state appropriation for this subsec tion shall not exceed $100 million annually and, if necessary, the new entitlement level shall be reduced to comply with this limitation.
(5) The final level of entitlements actually authorized by the state board for a fiscal year shall be that level which is consistent with the Appropriations Act for that year.
(h) A local school system may receive state capital outlay funds for one construction project under the advance funding category to meet educational facilities needs due to the following:
(1) Extraordinary growth of student population in excess of the capacity of existing facilities;
(2) Destruction of or damage to educational facilities by fire or natural disaster, limited by the provisions of paragraph (2) of subsection (f) of this Code section;
(3) Replacement of educational facilities which have been certified as hazards to health or safety;
(4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local participation amounts, estimated in accordance with the total entitlement intended for authorization by the State Board of Edu cation; and
(5) Projects for consolidation of schools across local school system lines which have costs that exceed the combined annual entitlements of the participating local school sys tems. Such projects shall meet, with the exception of paragraph (2) of this subsection, the following conditions to qualify for advanced funding:
(A) The local school systems have specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly;
(B) Annual entitlements accrued under subsection (g) of this Code section have offset any advanced funding previously granted, except that no more than three years of combined

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entitlements of the participating local school systems shall be required to offset advance funding for consolidation projects pursuant to paragraph (5) of subsection (e) of this Code section;
(C) The projects to be funded are not in addition to projects funded for local school systems under the provisions of subsection (g) of this Code section in a given year; and
(D) The required local participation and all other procedural requirements of this Code section are met.
(i) Local school systems may receive capital outlay funds for construction projects to consolidate or reorganize schools under an advance funding category; provided, however, that each local school system is limited to one project per fiscal year except when a second project is required to effectuate consolidation or reorganization of the schools simultane ously and that each construction project meets the following conditions:
(1) A school size and organizational study has been completed by the Department of Education;
(2) The local school system has adopted a comprehensive plan to reorganize to a K 6, 6 8, 0-12 organizational pattern, or an organizational pattern congruous with thia pattern, and so that each school within the system funded under this subsection shall meet or exceed the base sizes specified in aubacetion (b) of Code Section 20-2-201 the minimum sizes specified in subsection (q) of this Code section or the membership represented in these grade organi zations ia 100 percent of the local school system's studcnta population in the affected gradeacontain all the students within the local school system for the respective school level;
(3) The local facilities plan to implement this reorganization or consolidation of schools has been approved by a comprehensive survey team and the State Board of Education;
(4) The project proposed for advance funding must be accomplished in order for the reorganization or consolidation to be implemented; provided, however, that the proposed project may include renovation and modification of existing facilities, as well as additions to existing facilities, as well as additions to existing facilities and construction of new facilities if the reorganization or consolidation cannot be implemented until these activities have been completed;
(5) The combined project total would otherwise require more than three years of the combined annual entitlement and required local participation, with said combined annual entitlement and required local participation amount estimated in accordance with the total entitlement intended for authorization by the state board;
(6) A schedule for funding the activities required to effect the reorganization or consoli dation has been developed as a part of the organizational study, incorporated into the local facilities plan, and approved by the local board of education and the state board, and the funding for those activities required to effect the reorganization or consolidation will be scheduled over a one to five-year period;
(7) The project to be funded is not in addition to projects funded for a given local school system under the provisions of subsection (g) of this Code section for the fiscal year in which it is to be funded; and
(8) The required local participation and all other procedural requirements of this Code section are met.
(j) The State Board of Education ia authorized to request funda for planning studies one or two ycara prior to the request for the funding of specific facility projects or to include the costs of auch studies within the total coat of facility projects, provided, however, that all aueh project design atudics are for projects included in the local school syatcm'a facility construction plena specified in paragraph (3) of oubscction (c) of thia Code section.
(j) (1) In order to determine a reasonable funding level under this subsection and to establish a fair and equitable distribution of funds to local school systems for construction projects needed because of exceptional growth, the State Board of Education shall annually

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determine a level of authorization. For a given fiscal year, the new authorization may equal zero but shall not exceed $100 million. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calculations shall be made for at least three levels below the $100 million maximum authorization!
(2) In setting the annual authorization level for exceptional growth funding, the state board" shall consider any previously authorized but unfunded amounts under this subsection together with the total estimate of funds needed for school facilities as a result of excep tional growth as computed under subparagraph (A) of this paragraph. The annual entitle ment for each school system experiencing exceptional growth shall be computed as follows:
(A) The average of each school system's average full-time equivalent count for the three most recently completed school years will be compared to the average of that system's aver age full-time equivalent count for the three most recently completed school years prior to the most recently completed school year. For each school system with an increased average count after the above calculation, the amount of such increase will be divided by the total increase for all school systems with an increased average count under this subsection to provide the ratio of each system's growth to the total growth of all systems with exceptional growth; and
(B) Each of the school systems identified as being an exceptional growth system under subparagraph (A) of this paragraph shall be entitled to a portion of the total entitlement authorization set by the General Assembly annually for exceptional growth based on each system's relative exceptional growth to the sum of exceptional growth for all systems as determined in subparagraph (A) of this paragraph. The entitlement for each school system shall be determined annually by multiplying each system's ratio of need to the total need for exceptional growth by each of the program authorization levels required in paragraph (1) of this subsection. In addition to the annual entitlement, the local school system is eligible to receive any entitlement accrued under this subsection from previous fiscal years for which state funds have not been received. Any method of determining entitlements in subsequent years shall in no way affect the amount of previously accrued entitlements.
(3) The level of entitlement approved by the General Assembly and authorized by the state~board shall not be greater than a total level of entitlement which, when divided by the sum of exceptional growth for all school systems with exceptional growth, provides a cost per average exceptional growth full-time equivalent student that is not greater than the average of construction costs per full-time equivalent student for elementary school, middle school, and high school construction as provided in paragraph (5) of subsection (c) of this Code section, the average of which three costs shall be reduced by the local participation required by subsection (f) of this Code section.
(4) In order to determine the amount of state funds to be requested for a given fiscal year "under this subsection, total new and accrued entitlements under this subsection must be compared to the state portion of the current cost estimates for all projects approved for exceptional growth. Such comparisons shall be made for each of the incremental entitlement levels required in paragraph (1) of this subsection. In the event that funding requested for new construction for exceptional growth exceeds the total state entitlements earned for ex ceptional growth and the required local participation, local school systems may elect to con tribute additional local funding. Local funds contributed in excess of required local partici pation may be credited as debt service credit pursuant to paragraph (1) of subsection (f) of this Code section?
(5) The final level of entitlements actually authorized by the state board for a fiscal year shall be that level which is consistent with the Appropriations Act for that year.
(6) Local school systems may receive state capital outlay funds for exceptional growth projects if that system experienced exceptional growth and the following conditions are met:
(A) The local school system has specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly

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(B) Any construction project submitted to utilize growth entitlement shall include con struction of at least one new instructional unit. If sufficient growth entitlement is not cur rently available for all of the new instructional units needed under this subsection, addi tional local funds or entitlements available to meet construction needs identified in the school system's facilities plan pursuant to subsection (g) of this Code section may be com bined with any entitlement available for exceptional growth pursuant to this subsection for the purpose of completing all construction needs identified at a school. Entitlements earned under this subsection shall not be withheld, recalculated, or otherwise reduced for any con struction project approved under subsection (g) of this Code section. Exceptional growth entitlement shall be utilized for construction of new instructional units at an existing school or for new schools only for those schools which, following the completion of such construc tion, meet the minimum size specified in subsection (q) of this Code section. Other funding sources must be utilized for any renovation or modification activities which may be needed; and
(C) The local participation required under subsection (f) of this Code section and all other procedural requirements of this Code section are met.
(k) The State Board of Education shall request separate appropriations for each of the following categories:
(1) Regular entitlements pursuant to subsection (g) of this Code section;
(2) Regular advance funding projects pursuant to paragraphs (1) through (4) of subsec tion (h) of this Code section;
(3) Construction projects resulting from the consolidation of schools across local school system lines pursuant to paragraph (5) of subsection (h) of this Code section;
(4) Construction projects resulting from merger of local school systems pursuant to sub section (a) of Code Section 20-2-291;
(5) Advance funding projects for consolidation or reorganization of schools pursuant to subsection (i) of this Code section; and
(6) Planning studies pursuant to subsection (j) of this Code section Exceptional growth construction projects pursuant to subsection (j) of this Code section.
(k-1) Prior to a local board of education's submitting an advanced incentive funding request to the State Department of Education for State Board of Education approval under aubacetiona (i) and (j) of thia Code section, the local board of education shall conduct the
(1) the board of education must schedule and hold at least two public hearings and provide an opportunity for full diacuasion of the local board of education's consolidation OT reorganization plan,
(2) the public hcaringo ahall be advertised in the official newspaper and shall include, but shall not be limited to;
(A) Identification of each school to be closed and location of each new school,
(B) Proposed size of each now school in terms of number of students and grade configurations:
(C) Propoacd renovations, modernization, retrofitting, or expansion of existing schools designed to accommodate consolidations
(D) Total cost, including breakdown for atatc and local shares, and for school construe tion projects resulting from consolidation. Local eoata shall include identifying proposed sources of funds, whether from bond referendum proceeds or other sources;
(E) Plans for use or diaposal of closed aehool property,
(F) The impact alternative options would have on the system's planned curriculum and

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(G) The options in the school aizc and organization study, and
(H) The financial impact of the options on all schools,
(k.l) Prior to a local board of education's submitting a funding request to the State Department of Education for State Board of Education approval which involves the closing of any existing school or schools, the local board of education shall conduct the following:
(1) The board of education must schedule and hold a public hearing and provide an opportunity for full discussion of the local board of education's proposal to close such school or schools^
(2) The public hearing shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the board of education are advertised and shall include, but not be limited to:
(A) Identification of each school to be closed and location of each new school to which the students in the school or schools to be closed will be reassigned;
(B) Proposed size of each new school in terms of number of students and grade configuration;
(C) Proposed expansion of existing schools designed to accommodate students being reassigned from the school or schools to be closed;
(D) Total cost, including breakdown for state and local shares, for school construction projects required to house students being reassigned from the school or schools to be closed. Local costs shall include identifying proposed sources of funds, whether from bond referen dum proceeds or other sources; and
(E) Plans for use or disposal of closed school property.
(3) The board of education shall request formal, written comments or suggestions re garding the system's organizational pattern or school sizes and shall allow appropriate dis cussion during the public hearings;
(4) Any registered voter may file with the local board of education a notice of intent to file a petition when the voter wishes to express opposition to a school system's local facilities plan aa it pcrtaina to consolidation of ochools within that system decision to close any ex isting school or schools and undertake construction of new classroom's to which the students in the school or school to be closed will be reassigned. A petition with the signature of at least 25 percent of the qualified, registered voters within that system's jurisdiction number of electors who were registered and qualified to vote at the last preceding general or special election for members of that local board of education must be filed with the board of educa tion within 60 days after the notice of intent to file a petition has been received by the board in order for the petitioners to have rights specified under paragraph (5) of this sub section. The signatures on the petition must be validated against the official list of regis tered voters by the election superintendent of the political subdivision which levies ad valorem taxesTor education purposes for that local board of education;
(5) The local board of education and the petitioners shall meet to resolve differences. The petitioners shall select a delegation of no more than ten members, of whom six shall be parents of students in the affected schools. The chairmanchairperson of the local board of education shall notify the selected delegation of petitioners of the date, time, and place for meeting to address their differences following the validation of the petition. The local board of education shall render a final decision on the petition within 60 days from the initial meeting to discuss differences; and
(6) An opposition report shall be filed by the board of education to report rcaolution of opposition before advanced incentive funds shall be awarded to that system A report of the final decision by the local board of education shall be filed by such board of education with the State Board of Education before state capital outlay funds shall be awarded to that system and before any local tax funds, other than proceeds of general obligation bonds, may

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be utilized for construction projects undertaken for the purpose of housing students to be reassigned from any school or schools to be closed.
(1) In the event the General Assembly is unable to appropriate the funds needed for a fiscal year to finance the total request of the State Board of Education under this Code section, the following priorities shall apply to the funds appropriated:
(1) Facility projects requested pursuant to subsection (g) and (j) of this Code section;
(2) Planning atudica Reserved;
(3) Facility projects requested pursuant to paragraphs (1) through (4) of subsection (h) of this Code section, subject to the following subpriorities:
(A) Facility projects needed to address extraordinary growth;
(B) Facility projects resulting from destruction or damage caused by fire or natural disaster;
(C) Facility projects needed to address hazards to health or safety; and
(D) Facility projects needed for unhoused students;
(4) Facility projects needed to effectuate local school system mergers pursuant to sub section (a) of Code Section 20-2-291;
(5) Facility projects requested pursuant to paragraph (4) of subsection (h) of this Code section, subject to the following subpriorities:
(A) Students housed in substandard or obsolete facilities;
(B) facility projects designed to consolidate schools smaller than the respective base sizes minimum sizes specified in subsection (q) of the Code section; and
(C) Facility projects designed to meet state board requirements or for modernization;
(6) Facility projects needed to develop schools which will serve students across local school system lines pursuant to subsection (b) of Code Section 20-2-291; and
(7) Facility projects requested pursuant to subsection (i) of this Code section, subject to the same order of subpriorities specified in paragraphs (3) and (5) of this subsection.
(m) The State Board of Education shall implement a computerized student projection program for each school system in Georgia as a component of the state-wide comprehensive educational information network. The program shall be used in this subsection to forecast facility needs in each system by projecting full-time equivalent student counts for each grade level and shall be written in the educational facilities survey. The projection program methodology at least must correlate live-birth data to full-time equivalent student counts and project full-time equivalent student counts for each of the grades, including kindergar ten, for each of the next five years using cohort survival.
(n) The State Board of Education shall request funds for capital outlay purposes as defined in subsections (a) through (j) of this Code section for each school system and pro ject. For each project, the state board shall present to the Education and Appropriations committees of the House of Representatives and the Senate of the General Assembly by object of expenditure all costs contributing to the construction project. This itemization shall include, but not be limited to, architectural fees, new construction, modification, and renovation costs for the project. Itemization for additions, modifications, and renovations shall include type of classrooms by purpose, estimated square footages, and costs for hall ways, restrooms, administrative offices, lunchrooms, and media centers. Costs for new facili ties shall be budgeted by the current construction cost times the total square footage required.
(o) Any other provisions of this Code section to the contrary notwithstanding, when the board of education of a local school system has called and held a bond election to incur bonded indebtedness to construct a school or schools for the purpose cf high school consoli dation within the school system and a majority of the voters voting in said bond election

FRIDAY, MARCH 4, 1994

1319

voted against incurring such debt, then for a period of four school years immediately follow ing the school year during which the bond election was held, the local school system shall not receive any funds for such purpose pursuant to the provisions of aubacetiona subsection (i) and (j) of this Code section. The provisions of this subsection apply to bond elections held at anytime after January 1, 1989.
(p) Any system which has not submitted a plan for consolidation or reorganization of schools to the State Board of Education by July 1, 1992, shall not be allowed to request state funds under aubacctiona subsection (i) and (j) of this Code section. Any such plan submitted prior to July 1, 1992, which has been changed since its submission and approved by the State Board of Education pursuant to paragraph (9) of subsection (c) of this Code section shall not disqualify the local board from requesting and receiving funds to imple ment the changed plan under subsection (i) of this Code section - unless, as a result of the change, any school in the plan will be less than the minimum size specified therefor in subsection (q) of this Code section. A change resulting in any school in the plan being less than such minimum size shall not result in the recalculation of entitlements or withholding of funds for any construction project in the plan unless:
(1) That project involves a school which is less than such minimum size; and
(2) Construction upon that project has neither been begun nor completed.
(q) Any construction project on an existing achool facility which ia leao than base aizc as defined in aubacctiona (b) and (c) of Code Section 20-2-201 and identified by the local board of education in the educational facility aurvcy pursuant to subacctiona (c) and (d) of thia Code acetion shall be approved by the 8tntc Board of Education. Construction projects which are identified by the local board pursuant to subsections (c) and (d) of this Code section and which contain a projected FTE of more than 200 students in an elementary school, 400 students in a middle school, and 500 students in a high school, rcgofdlcaa of grade configuration, as defined in subsection (c) of Code Section 20-2-291, or which contain all the students within the local school system for such respective school level shall be eligi ble to receive full capital outlay funding pttfattant-te under the conditions specified in sub sections (g), (h), and (i), and (j) of this Code section. Provided, however, that nothing con tained in this subsection shall be construed so as to require an existing school to change its current grade configuration. Provided, however, that nothing contained in thia subsection ahall be construed 30 aa to change or incrcaac the amount of entitlement for which a ayatcm ia eligible.
(r) Notwithstanding any other provisions of this Code section, when the board of educa tion of a local school system has called and held a bond election to incur bonded indebted ness to construct a school or schools for the purpose of high school consolidation within the school system and a majority of the voters voting in said bond election voted against incur ring such debt or a local board is under litigation to prevent a consolidation project under subsection (h) or (i) and (j) of this Code section, whether funds have been allocated or not, the procedures established in paragraph paragraphs (5) and (6) of subsection (k.l) of this Code section shall be followed."
Section 2. Said article is further amended by striking Code Section 20-2-291, relating to funding for certain school mergers and consolidations, and inserting in its place the following:
"20-2-291. (a) In the event a local school system is voluntarily merged with one or more adjoining local school systems under the provisions of Code Section 20-2-60 or Code Sec tions 20-2-370 through 20-2-372, all local school systems which are party to such voluntary merger shall not be required to finance any portion of the costs for new construction or renovation of existing facilities qualified under Code Section 20-2-260 that are needed to effectuate the merger of the school systems, subject to appropriation by the General Assembly.
(b) In the event two or more local school systems voluntarily consolidate two or more elementary, middle, or high schools into a single school which meets or exceeds the base

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minimum sizes specified in subsection 4e) (q) of thia Code section Code Section 20-2-260 or 100 percent of the student population for the respective school level from all local school systems which are party to the consolidation will attend such school, all local school systems involved in such consolidation shall not be required to finance any portion of the costs of new construction or renovation of existing facilities qualified under Code Section 20-2-260 that are needed to effectuate such school consolidation.
(c) As used in this subsection, the term:
(1) 'Base aizc for a middle school' ia defined aa the base size specified in Code Section 20-2-181 for the middle grades program Reserved.
(2) 'Base size for a high school' is defined aa the baac aizc specified in Code Section 20' 2 181 for the high school general education program Reserved.
(3) 'Baac size for an elementary school' is defined aa the baac aizc specified in Code Section 20-2 181 for the primary grades program Reserved.
(4) 'Elementary school' is defined as a school which contains any grade below grade four and does not contain any grade above grade eight.
(5) 'High school' is defined as a school which contains any grade above grade eight.
(6) 'Middle school' is defined as a school which contains no grade below grade four and no grade above grade eight.
(7) 'Quality Basic Education organizational pattern' ia defined as a K-6, 6-8, 0-12 orga nizational pattern of school levels or any other pattern which ia congruous with thia pattern Reserved.
(8) 'School level' is defined as a grade range which is consistent with paragraph (4), (5), or (6) of this subsection.
In the event a local school system consolidates an elementary, a middle, or a high school which is smaller than the specified baac aizc minimum size specified in subsection (q) of Code Section 20-2-260 for that respective school with one or more other schools of the same school level within the same local school system, resulting in the consolidated school or schools being at least as large as the rcapcctivc baac aizc and organizational pattern consistetrt-with the Quality Baaic Education organizational pattern minimum size specified in sub section (q) of Code Section 20-2-260 or containing all the students within the local school system for the respective school level: the local school system shall be required to finance one-half the costs that the local school system would otherwise be required to finance under the provisions of Code Section 20-2-260 for any new construction or any renovation of ex isting facilities needed to effectuate such consolidation of schools.
(d) All benefits to local school systems as provided under this Code section shall be conditioned upon the following:
(1) No student shall be expected or required to travel a greater time than the maximum travel time prescribed by the State Board of Education to attend a school unless the state board explicitly authorizes an exemption based upon the greater good for all students which will result from such local school system merger or school consolidation; and
(2) In the event of such local school system merger or school consolidation, all instruc tional facilities will be utilized for public educational purposes to the extent feasible and practical.
(e) All benefits to local school systems as provided under subsections (a) and (b) of this Code section shall be conditioned upon the following:
(1) The local boards of education which are potential parties to a merger of local school systems or a consolidation of schools have approved resolutions requesting the State Board of Education to conduct a feasibility study;
(2) The state board has conducted a feasibility study;

FRIDAY, MARCH 4, 1994

1321

(3) The local boards of education which are to be parties to a merger of local school systems or a consolidation of a school or schools have approved the recommendations of the feasibility study;
(4) The voters of the affected local school systems, if appropriate, have approved the merger of the local school systems; and
(5) The state board has approved the recommendations of the feasibility study."
Section 3. Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 20-2-292, relating to sparsity grants, and inserting in its place the following:
"(6) The state board has concluded that the local school system would still be unable to offer comparable educational programs and services to its students or a portion of its stu dents even if the local school systems were merged or if schools were consolidated, since the resulting schools would still be smaller than the base sizes specified pursuant to subsection {e^-ef^odc Section 20 2-260 Code Section 20-2-lBT1'
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senators Marable of the 52nd, Perdue of the 18th et al. offered the following amendment:
Amend the committee substitute to HB 1314 by adding after the semicolon on line 19 of page 1 the following:
"to limit the expenditure of appropriations for certain courses;".
By adding between lines 27 and 28 of page 38 the following:
"Section 3.1. Said article is further amended by adding at the end of Code Section 20-2143, relating to sex education and AIDS prevention instruction, the following:
'(e) Any other provision of law to the contrary notwithstanding, appropriated funds shall only be expended for responsible sex education and AIDS prevention courses which do not promote homosexuality as an alternative lifestyle.'"
On the adoption of the amendment, the yeas were 38, nays 2; and the Marable 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:

Balfour Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks CColalyeman Crotts
Day Dean
Edge
Egan Farrow

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

Newbill Perdue Pollard Ragan of Ragan of Ralston R r* ,, ?floottitn Tavlor
Thomas Thompson
Turner
Tysinger Walker

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Those not voting were Senators:

Abernathy Alien Brown of 26th

Huggins Langford of 35th (excused) Oliver

Parrish Robinson (presiding) Starr

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite consititional majority, was passed by substitute. Senator Ray of the 19th moved that HB 1314 be immediately transmitted to the House.
On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 1314 was imme diately transmitted to the House.
The President resumed the Chair. Senator Ralston of the 51st introduced Lamar Alexander, Former Governor of Tennes see, who addressed the Senate briefly. The Calendar was resumed.

HR 668. By Representatives Mosley of the 171st and Byrd of the 170th: A resolution designating the Howard "Bo" Warren Parkway. Senate Sponsor: Senator Kemp of the 3rd.

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

Those voting in the affirmative were Senators:

Balfour Baugh Boshears
Bowen Broun of 46th Burton
p, eeks PCo^lyeman CDraoytts Dean Edge Egan Farrow Gillis

Gochenour Harbison Hemmer
Henson Hill Hooks
Huggins Isakson
KLaenmgpford of 29th Madden Marable McGuire Middleton Newbill

Parrish Pollard Ragan of llth
Ragan of 32nd Ralston Ray
Robinson S_.cott SSltoatrlrn Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien Blitch Brown of 26th

Glanton Guhl Langford of 35th (excused)

Oliver Perdue 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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1323

Senator Balfour of the 9th introduced the doctor of the day, Dr. David Shonkoff of Lawrenceville, Georgia.

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.
Senate Sponsor: Senator Turner of the 8th.

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 Coleman Crotts Dean Egan Farrow Gillis Gochenour

Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Marable McGuire Oliver Perdue

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

Voting in the negative was Senator Newbill.

Those not voting were Senators:

Abernathy Alien Blitch Brown of 26th Clay

Day Edge Glanton Langford of 35th (excused) Madden

Middleton Parrish
Walker

On the adoption of the resolution, the yeas were 41, nays 1. The resolution, having received the requisite constitutional majority, was adopted.
HR 768. By Representative Parrish of the 144th: A resolution designating the Vendie Hudson Hooks, Sr. Memorial Highway. Senate Sponsor: Senator Gillis of the 20th.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour Baugh Boshears Bowen Broun of 46th Burton Cheeks Coleman Crotts 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 llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien Blitch Brown of 26th

Clay Day Dean Guhl

Hill Langford of 35th (excused) Walker

On the adoption of the resolution, the yeas were 45, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

HR 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.

Senate Sponsor: Senator Marable of the 52nd.

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

Those voting in the affirmative were Senators:

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

Gochenour Guhl Harbison Hemmer
Henson Hm
Hooks
" Uf6 ins Isakson KemP Langford of 29th Marable McGuire Newbill Oliver

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

FRIDAY, MARCH 4, 1994

1325

Those not voting were Senators:

Abernathy Alien Broun of 46th Cheeks

Day

Middleton

Langford of 35th (excused) Ragan of llth

Madden

Walker

On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite consitutional majority, was adopted.

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.
Senate Sponsor: Senator Boshears of the 6th.

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 Clay Coleman Crotts Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hooks Isakson Kemp Langford of 29th Madden Marable McGuire Oliver Perdue

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

Voting in the negative was Senator Newbill.

Those not voting were Senators:

Abernathy Alien Bowen Day

Dean Hill Huggins Langford of 35th (excused)

Middleton Parrish Ralston

On the adoption of the resolution, the yeas were 44, nays 1. The resolution, having received the requisite constitutional majority, was adopted.

1326

JOURNAL OF THE SENATE

Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.

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.
Senate Sponsor: Senate Boshears of the 6th.
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 Clay Coleman Crotts Day Edge Egan Farrow

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

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

Those not voting were Senators:

Abernathy Allen Bowen D ean Henson

Huggins Langford of 35th (excused)
, Middleton Newbill

Oliver Ralston Ray Robinson (presiding)

On the adoption of the resolution, the yeas were 43, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsor: Senator Coleman of the 1st.

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 Blitch

Boshears Broun of 46th

Brown of 26th Burton

FRIDAY, MARCH 4, 1994

1327

Cheeks Clay Coleman Crotts Day Edge Egan Farrow Gillis Glanton Gochenour Guhl

Harbison Hemmer Hill Hooks Huggins Isakson Kemp Langford of 29th Marable McGuire Oliver Parrish

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

Those not voting were Senators:

Abernathy Alien Baugh Bowen Dean

Henson Langford of 35th (excused) Madden Middleton Newbill

Ragan of llth Ralston
Rav Robinson (presiding)

On the adoption of the resolution, the yeas were 42, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsor: Senator Hill of the 4th.

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

Those voting in the affirmative were Senators:

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 Hooks Huggins Isakson Kemp Langford of 29th Marable

McGuire Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Scott Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien Gillis

Henson Hill Langford of 35th (excused)

Madden Middleton Newbill

1328

JOURNAL OF THE SENATE

Ralston Ray

Robinson (presiding) Slotin

Starr

On the adoption of the resolution, the yeas were 42, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
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.
Senate Sponsor: Senator Gillis of the 20th.
The Senate Finance and Public Utilities Committee offered the following substitute to HR 842:
A RESOLUTION
Providing for the lease of certain state owned real property in Bryan County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property in Bryan County which is the location of a television transmitter tower in the custody of the Georgia Public Telecommunications Commission; and
WHEREAS, said tract of land is more particularly described as follows:
All that certain tract or parcel of land in the 19 G.M.D. of Bryan County, Georgia containing 0.996 acre more or less and being more particularly described according to a plat by Joe P. Davis, Georgia Registered Land Surveyor No. 1436, dated September 10, 1993 which reads as follows:
From the southeast R/W intersection of Patterson Street and Vandiver Street along the east R/W of Vandiver Street S2304'53"W for a distance of 456.00' to the point of begin ning, Thence S414'53"W for a distance of 208.21', Thence N8550'33"W for a distance of 208.11', Thence N412'52"E for a distance of 208.48', Thence S85"46'13"E for a distance of 208.24' to the point of beginning. Said tract is bounded on the north by Frances D. Strickland and Vandiver Street, on the east by Norma B. Carney and Frances D. Strickland and on the south and west by Frances D. Strickland; and
WHEREAS, Georgia 8 Cellular Limited Partnership provides cellular telecommunica tions services in several sections of Georgia; and
WHEREAS, Georgia 8 Cellular Limited Partnership is desirous of locating an existing tower in Bryan County in order to attach microwave dishes which would provide a link between signals in Statesboro and Brunswick; and
WHEREAS, it has been determined that the above-mentioned state owned television tower would be the best location for said dishes.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the referenced hereinabove de scribed real property and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Com mission, shall lease the hereinabove described tract of land to Georgia 8 Cellular Limited Partnership for a period of five years with Georgia 8 Cellular Limited Partnership having the option to extend the primary term for four additional periods of five years each com mencing with the execution of the lease agreement; provided, however, that upon the exer cise of an option to extend the lease, the consideration for such lease as extended shall be an

FRIDAY, MARCH 4, 1994

1329

amount determined pursuant to renegotiations between Georgia 8 Cellular Limited Partner ship and the State Properties Commission and under such other terms and conditions as may be determined by the State Properties Commission.
Section 3. That the consideration for such initial term of lease shall be $12,000.00 per year.
Section 4. That any sublease of subject property must be approved by the State Properties Commission, and any remuneration in excess of $12,000.00 per year is to be re mitted to the State of Georgia.
Section 5. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing.
Section 6. That this lease agreement shall be recorded by the lessee in the Superior Court of Bryan County and a recorded copy shall be forwarded to the State Properties Commission.
Section 7. That this resolution shall become effective upon its approval by the Gover nor or upon its becoming law without such approval.
Section 8. That all laws and parts of laws in conflict with this resolution are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
The 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
^CC1huerte?kns
Coleman Crotts Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison
Hemmer Henson Hm
HH,,ougogkms s
Isakson KemP Langford of 29th Madden Marable McGuire Middleton

Oliver Parrish Perdue Pollard
Ragan of llth Ragan of 32nd RaUton
SSc,,lcoot.t.mt
Starr
Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien Day

Langford of 35th (excused) Newbill

Ray 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.

1330

JOURNAL OF THE SENATE

The President resumed the Chair.

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.
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 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 Langford of 29th Madden Marable McGuire

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

Those not voting were Senators:

Alien Blitch Day

Langford of 35th (excused) Newbill Perdue

Ray Walker

On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

HR 907. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd and others:
A resolution authorizing the dispositon by sale of certain properties owned by the Georgia Ports Authority located in Columbus, Georgia, for the purpose of provid ing portions of the softball venue for the Games of the XXVI Olympiad.
Senate Sponsor: Senator Robinson of the 16th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour

Baugh Blitch

Boshears Bowen

FRIDAY, MARCH 4, 1994

1331

Brown of 26th Burton Cheeks Clay Coleman Crotts EDdagy e Egan
Farrow Gillis
Gochenour Guhl

Harbison Hill Hooks Huggins Is akson Kemp LMaandgdfeonrd of 29th Marable
McGuire Middleton
Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd R,. "l, otTm" btarr
Taylor Thompson
Turner Walker

Those not voting were Senators:

Alien Broun of 46th Dean Glanton

Hemmer Henson Langford of 35th (excused) Ray

Robinson Scott Thomas Tysinger

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

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.
Senate Sponsor: Senator Ragan of the llth.

Senators Ragan of the llth, Turner of the 8th and Egan of the 40th offered the follow ing amendment:
Amend HR 1012 by adding on line 20 page 2 the words "and the Georgia General As sembly" after the word commission.
On the adoption of the amendment, the yeas were 37, nays 1, and the amendment was adopted.
The report of the committee, which was favorable on the adoption of the resolution, was agreed to as amended.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

1332

JOURNAL OF THE SENATE

Robinson Slotin Starr

Taylor Thomas Thompson

Turner Tysinger

Those not voting were Senators:

Alien Blitch Day

Dean Isakson Langford of 35th (excused)

Ray Scott Walker

On the adoption of the resolution, the yeas were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
HB 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.
Senate Sponsor: Senator Dean of the 31st.
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 11, 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 1586 (LC 21 2521) Superior Court Judges Retirement System
Dear Representative Cummings:
This bill would authorize the Board of Trustees of the Superior Court Judges Retire ment System to grant a discretionary 3 percent postretirement benefit increase if such an increase is actuarially sound.
This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.
Sincerely,
/a/ Claude L. Vickers State Auditor
Senator Isakson of the 21st offered the following amendment:
Amend HB 1586 by deleting the number "10" on line 3 page 2 and inserting the num ber "13."
Senator Blitch of the 7th moved that she be excused from voting on HB 1586 pursuant to Senate Rule 175.

FRIDAY, MARCH 4, 1994

1333

On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Blitch of the 7th was excused from voting.
Senator Dean of the 31st moved that HB 1586 be postponed to Monday, March 7, 1994.
On the motion, the yeas were 42, nay 0; the motion prevailed, and HB 1586 was post poned to Monday, March 7, 1994.
Senator Marable of the 52nd moved that, pursuant to HR 1067, adopted previously, the Senate stand in recess until 5:00 P.M. and, at that time, adjourn until 10:00 A.M. Monday, March 7, 1994. At 11:31 A.M. the President announced that the motion prevailed.

1334

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, March 7, 1994
Thirty-sixth 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, March 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 and Senate:
HB 1905. By Representative Dixon of the 168th: A bill to amend an Act providing a new charter for the City of Waycross, so as to change the corporate limits of the city.
HB 1987. By Representatives Milam of the 130th and Epps of the 131st: A bill to amend an Act creating a new charter for the City of LaGrange, so as to change the composition of the governing authority of the city; to continue in office the mayor and certain members of the city council and provide for the expiration of their terms; to provide for council districts.
HB 1990. By Representatives Moore of the 113th, Williams of the 114th, Harris of the 112th and Bargeron of the 120th: A bill to provide for a supplement to the compensation, expenses, allowances, and supplements of the sheriff of Columbia County.
HB 1994. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th: A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.
HB 1995. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provi sions relating to the salary of the tax commissioner.
HB 1996. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th: A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit.

MONDAY, MARCH 7, 1994

1335

HB 1997. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the provisions relating to the salary of the sheriff.
HB 1998. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to increase the salary of the clerk of the Superior Court of Clayton County.
HB 1999. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th: A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.
HB 2000. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th: A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.
HB 2001. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th: A bill to amend an Act entitled "An Act changing the composition and manner of selection of the Board of Education of Clayton County," so as to change the com pensation of the chairperson and members of such board.
HB 2002. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th and Buckner of the 95th: A bill to amend an Act providing for the compensation and expenses of the coro ner of Clayton County, so as to change the compensation of the coroner.
HB 2003. By Representatives Bailey of the 93rd, Buckner of the 95th, Johnson of the 97th, Benefield of the 96th and Lee of the 94th: A bill to establish a civil service system for the employees of Clayton County.
HB 2004. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th: A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relating to the compensation of the chairman.
HB 2005. By Representative Twiggs of the 8th: A bill to amend an Act creating the Clayton-Rabun County Water and Sewer Authority, so as to change the provisions relating to the financing of projects.
HB 2006. By Representatives Smith of the 12th and Childers of the 13th: A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to revise the residency requirement for persons qualifying for election as a member of the board.

1336

JOURNAL OF THE SENATE

HB 2008. By Representatives Skipper of the 137th and Banner of the 159th:
A bill to amend an Act establishing a system of public schools in the City of Americus, so as to provide for the funding of such schools for fiscal year 1995.
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 shall 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.
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.
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.
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 Powder 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.
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.
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.
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.

MONDAY, MARCH 7, 1994

1337

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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.
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.
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.
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.
SB 41. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th, Gochenour of the 27th, Crotts of the 17th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for immunity from liability for certain persons who voluntarily and without the expectation or re ceipt of compensation provide certain services for and at the request and sanc tion of a public school upon public school property or at a public school spon sored function.
SB 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 House had adopted by the requisite constitutional majority the following resolu tions of the Senate:
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.

1338

JOURNAL OF THE SENATE

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 House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
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.
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.
SB 245. By Senator Henson of the 55th: A bill to amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from driver's license requirements, so as to exempt per sons 15 years of age or over while taking instruction from a licensed driving in structor or a certified high school driver education instructor; to provide for use of dual control vehicles; to require insurance; to provide for eyesight examina tions; to provide for an effective date.
The 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 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 Speaker has appointed on the part of the House, Representatives Lee of the 94th, Bailey of the 93rd and Royal of the 164th.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committee:
SB 730. By Senators Clay of the 37th, Isakson of the 21st and Thompson of the 33rd: 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, as amended, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff.
Referred to Committee on Urban and County Affairs.
SB 731. By Senators Isakson of the 21st, Clay of the 37th and Thompson of the 33rd: A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, as amended, so as to change

MONDAY, MARCH 7, 1994

1339

the compensation of the tax commissioner, the chief clerk, and the executive sec retary; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 732. By Senators Thompson of the 33rd, Clay of the 37th and Isakson of the 21st: A bill to amend an Act providing for the compensation of the judge of the Juve nile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to provide for an effective date.
Referred to Committee on Urban and County Affairs.
SB 733. By Senator Perdue of the 18th: A bill to reconstitute the Board of Education of Houston County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions; to provide for successors; to provide for terms; to provide for vacancies; to provide for related matters; to provide for submission.
Referred to Committee on Urban and County Affairs.
The following bills of the House were read the first time and referred to committee:
HB 1905. By Representative Dixon of the 168th: A bill to amend an Act providing a new charter for the City of Waycross, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 1987. By Representatives Milam of the 130th and Epps of the 131st:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to change the composition of the governing authority of the city; to continue in office the mayor and certain members of the city council and provide for the expiration of their terms; to provide for council districts. Referred to Committee on Urban and County Affairs.
HB 1990. By Representatives Moore of the 113th, Williams of the 114th, Harris of the 112th and Bargeron of the 120th: A bill to provide for a supplement to the compensation, expenses, allowances, and supplements of the sheriff of Columbia County.
Referred to Committee on Urban and County Affairs.
HB 1994. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th and others: A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.
Referred to Committee on Urban and County Affairs.
HB 1995. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th and others: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provi sions relating to the salary of the tax commissioner.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 1996. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th and others:
A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit. Referred to Committee on Urban and County Affairs.
HB 1997. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and others: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the provisions relating to the salary of the sheriff.
Referred to Committee on Urban and County Affairs.
HB 1998. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and others: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to increase the salary of the clerk of the Superior Court of Clayton County.
Referred to Committee on Urban and County Affairs.
HB 1999. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and others: A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.
Referred to Committee on Urban and County Affairs.
HB 2000. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th and others: A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.
Referred to Committee on Urban and County Affairs.
HB 2001. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and others: A bill to amend an Act entitled "An Act changing the composition and manner of selection of the Board of Education of Clayton County," so as to change the com pensation of the chairperson and members of such board.
Referred to Committee on Urban and County Affairs.
HB 2002. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and others: A bill to amend an Act providing for the compensation and expenses of the coro ner of Clayton County, so as to change the compensation of the coroner.
Referred to Committee on Urban and County Affairs.
HB 2003. By Representatives Bailey of the 93rd, Buckner of the 95th, Johnson of the 97th and others: A bill to establish a civil service system for the employees of Clayton County.
Referred to Committee on Urban and County Affairs.

MONDAY, MARCH 7, 1994

1341

HB 2004. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th and others: A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relating to the compensation of the chairman.
Referred to Committee on Urban and County Affairs.
HB 2005. By Representative Twiggs of the 8th: A bill to amend an Act creating the Clayton-Rabun County Water and Sewer Authority, so as to change the provisions relating to the financing of projects.
Referred to Committee on Urban and County Affairs.
HB 2006. By Representatives Smith of the 12th and Childers of the 13th: A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to revise the residency requirement for persons qualifying for election as a member of the board.
Referred to Committee on Urban and County Affairs.
HB 2008. By Representatives Skipper of the 137th and Hanner of the 159th: A bill to amend an Act establishing a system of public schools in the City of Americus, so as to provide for the funding of such schools for fiscal year 1995.
Referred to Committee on Urban and County Affairs.
The following communication was filed with the Secretary:
Office of Lieutenant Governor 240 State Capitol
Atlanta, Georgia 30334 (404) 656-5030
March 2, 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 March 4, 1994 at 1:00 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 bill and reso lution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1229. Do pass by substitute. HR 863. Do pass.
Respectfully submitted,
Senator Hill of the 4th District, Vice Chairman

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JOURNAL OF THE SENATE

Mr. President:

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

HB 1516. Do pass by substitute.

Respectfully submitted,

Mr. President:

Senator Hill of the 4th 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 1220. HB 1358. HB 1399. HB 1459.

Do pass by substitute. Do pass as amended. Do pass. Do pass by substitute.

HB 1483. HB 1515. HB 1715. HB 1813.

Do pass as amended. Do pass by substitute. Do pass. Do pass.

Respectfully submitted,

Mr. President:

Senator Oliver of the 42nd 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 723. SB 724. SB 725. HB 1870. HB 1871. HB 1882. HB 1888. uHnB 11Q91190. HB 1953. HB 1954.
HB 1955. HB 1956.

Do pass. Do pass. Do pass. Do pass. Do pass. D_ o pass. Do pass. rD,o pass. Do pass. Do pass.
Do pass. Do pass.

HB 1957. HB 1958. HB 1959. HB 1960 HB ^ HTB> ,196,,2. HB 1965HB 1967' HB 1968HB 1974. HB 1980.

Do pass. Do pass. Do pass. Do pass. DQ pasg ^Do pass. Do pass. Do Pass" Do PassDo pass. Do pass.

Respectfully submitted,

Mr. President:

Senator Thompson of the 33rd District, Chairman

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 1591. Do pass.
Respectfully submitted,
Senator Thompson of the 33rd District, Chairman

MONDAY, MARCH 7, 1994

1343

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

SR 579 HB 1270 HB 1399 HB 1459 HB 1512 HB 1521
HB 1596 HB 1677 HB 1767 HB 1814 HR 808 HR 875 HR 961

HB 1220 HB 1358 HB 1426 HB 1462 HB 1515 HB 1557 HB 1658 HB 1690 HB 1768 HB 1825 HR 824 HR 925 HR 967

HB 1229 HB 1390 HB 1435 HB 1483 HB 1516 HB 1591 HB 1666 HB 1715 HB 1813 HB 1878 HR 863 HR 943 HR 1037

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 29th Madden McGuire Middleton Newbill Oliver

Those not answering were Senators:

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

Abernathy

Langford of 35th (excused) Marable

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Farrow of the 54th introduced the chaplain of the day, Reverend Alien Ray, pastor of First Baptist Church, Chatsworth, Georgia, who offered scripture reading and prayer.

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JOURNAL OF THE SENATE

The following resolutions were read and adopted:
SR 590. By Senators Turner of the 8th, Bowen of the 13th, Pollard of the 24th and others: A resolution commending and recognizing the magistrate courts of the State of Georgia.
SR 591. By Senators Balfour of the 9th, Burton of the 5th and Day of the 48th: A resolution recognizing Captain Thomas A. Lewis III.
SR 592. By Senator Perdue of the 18th: A resolution commending Georgia's independent telephone companies and cooperatives.
SR 593. By Senator Hooks of the 14th: A resolution commending Carrie L. Porter.
SR 594. By Senator Coleman of the 1st: A resolution recognizing and commending Chairman John J. Forbes, Jr., Grand Marshal M. J. "Jerry" Hogan, and other representatives of the Savannah St. Pat rick's Day Parade Committee.
SR 595. By Senator Ray of the 19th: A resolution commending the 1994 Georgia Winners.
SR 596. By Senator Edge of the 28th: A resolution recognizing Jennifer Rawlings.
SR 597. By Senator Dean of the 31st: A resolution expressing regret at the passing of Mr. Stovall Trawick.
SR 598. By Senator Dean of the 31st: A resolution recognizing Ralph Ayers.
SR 599. By Senator Hill of the 4th: A resolution creating the Senate Paper Conservation Study Committee.
Senator Hill of the 4th moved that the following bill of the House be withdrawn from the Senate Committee on Education and committed to the Senate Committee on Higher Education:
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".
On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 1185 was com mitted to the Senate Committee on Higher 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:

MONDAY, MARCH 7, 1994

1345

SENATE LOCAL CONSENT CALENDAR
Monday, March 7, 1994
THIRTY-SIXTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 723 Huggins, 53rd Farrow, 54th WHITFIELD COUNTY
Amends an Act shortening the terms of office and providing for the election 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; to repeal conflicting laws.
SB 724 Huggins, 53rd Farrow, 54th WHITFIELD COUNTY
Amends 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; to repeal conflicting laws.
SB 725 Huggins, 53rd Farrow, 54th WHITFIELD COUNTY
Transfers 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 trans fer of employees; to provide for the approval of such transfer; to provide for a contingent applicability date; to provide an effective date; to repeal conflict ing laws.
HB 1870 Gochenour, 27th UPSON COUNTY
Amends an Act creating a board of commissioners of roads and revenues for Upson County, so as to reapportion the board of commissioners; to provide for new commissioner districts.
HB 1871 Burton, 5th Balfour, 9th Tysinger, 41st Day, 48th Newbill, 56th GWINNETT COUNTY
Creates the Vines Botanical Gardens Enhancement and Development Au thority of Gwinnett County.
HB 1882 Taylor, 12th QUITMAN COUNTY
Reconstitutes the Board of Education of Quitman County and provides for its powers, duties, rights, obligations, and liabilities and subjects it to certain constitutional and statutory provisions.

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JOURNAL OF THE SENATE

HB 1888 Guhl, 45th WALTON COUNTY
Amends 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 1919 Boshears, 6th CITY OF BLACKSHEAR
Amends 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 1953 Brown, 26th TWIGGS COUNTY
Amends 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 rela tive to the compensation and benefits of the sheriff.
HB 1954 Brown, 26th TWIGGS COUNTY
Amends 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 compensation and benefits of the probate court.
HB 1955 Brown, 26th TWIGGS COUNTY
Amends 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 com pensation and benefits of the clerk.
HB 1956 Brown, 26th TWIGGS COUNTY
Amends 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 Pollard, 24th Broun, 46th OCONEE COUNTY
Establishes the compensation of certain officials of Oconee County, Georgia; 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 pro vide for the compensation of such official.
HB 1958 Robinson, 16th Langford, 29th HARRIS COUNTY
Provides 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 December 31, 1995, and in the amount of $10,000.00 of the assessed value of the homestead for taxable years beginning on or after January 1, 1966, for certain residents of that county who are 65 years of age or over or disabled.

MONDAY, MARCH 7, 1994

1347

HB 1959 Dean, 31st Marable, 52nd BARTOW COUNTY
Provides 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 Dean, 31st Marable, 52nd BARTOW COUNTY
Provides 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 Dean, 31st Marable, 52nd BARTOW COUNTY
Provides a homestead exemption from certain Bartow County School District ad valorem taxes 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 Dean, 31st Marable, 52nd BARTOW COUNTY
Provides 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, in cluding Social Security and any other retirement or disability income and including the income of all members of the family residing within said home stead.
HB 1965 Hemmer, 49th TOWN OF CLERMONT
Provides a new charter for the Town of Clermont.
HB 1967 Clay, 37th Ralston, 51st Newbill, 56th CHEROKEE COUNTY
Amends 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 1968 Clay, 37th Ralston, 51st Newbill, 56th CHEROKEE COUNTY
Amends 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.

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JOURNAL OF THE SENATE

HB 1974 Clay, 37th Ralston, 51st Newbill, 56th CHEROKEE COUNTY
Amends an Act providing a supplement to the salary of the judge of the Su perior 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 1980 Perdue, 18th PULASKI COUNTY
Amends an Act providing for the Magistrate Court of Pulaski County, so as to provide for the election of the chief magistrate.
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 Dean Edge Farrow Gillis

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

Those not voting were Senators:

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

Abernathy Clay Day

Egan

Newbill

Glanton

Oliver

Langford of 35th (excused) Thomas

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.
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:

MONDAY, MARCH 7, 1994

1349

SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS
Monday, March 7, 1994
THIRTY-SIXTH LEGISLATIVE DAY

HB 1880 Perdue, 18th HOUSTON COUNTY
Repeals 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 accord ing 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).
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 Clay Coleman Crotts Day Dean Edge Egan

Gillis Glanton Gochenour Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton 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 Cheeks Farrow

Guhl

Newbill

Harbison

Oliver

Langford of 35th (excused) Walker

On the passage of the population bill, the yeas were 47, nays 0.
The bill on the SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS, having received the requisite constitutional majority, was passed.
Senator Gillis of the 20th introduced Melvin Blount, commended by SR 541, adopted previously, who addressed the Senate briefly.

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JOURNAL OF THE SENATE

The following bill of the Senate was taken up for the purpose of considering House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Conyers," approved March 16, 1978 (Ga. L. 1978, p. 3868), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4032), so as to change the number of council members; to provide for certain residency requirements; to provide for council dis tricts; to provide for elections; to provide for the filling of vacancies; to provide for an elec tion superintendent; to provide for a referendum and for automatic repeal; to provide for submission under the federal Voting Rights Act; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act entitled "An Act to create a new charter for the City of Conyers," approved March 16, 1978 (Ga. L. 1978, p. 3868), as amended, particularly by an Act ap proved March 20, 1990 (Ga. L. 1990, p. 4032), is amended by striking in their entireties Sections 2-101 and 2-102 and inserting in lieu thereof the following:
"2-101. Creation; composition. There shall be a city council, referred to in this chapter as the council, which shall be composed of the mayor and five council members elected in the manner and for the terms of office provided for in Article IV of this chapter.
2-102. Qualifications. To be eligible for election or appointment to the council, a person, at the time of election or appointment, must:
(1) Have attained the age of 18 years;
(2) Have resided in the city and in the district such person seeks to represent for at least one year;
(3) Be a qualified elector of the city; and
(4) Meet any other requirements as may be established by state law."
Section 2. Said Act is further amended by striking in its entirety Chapter 1 of Article IV and inserting in lieu thereof the following:
"CHAPTER 1
Conduct of Elections
Section 4-101. Application of general laws. All municipal general or special elections and primaries shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code.'
Section 4-102. Districts and posts, (a) The city shall be divided into four council dis tricts as provided in this section. Each such district shall be composed of either a portion of the Conyers and Olde Towne Precinct or any combination thereof as provided in this sub section. The districts are further delineated on the map designated as the Official City of Conyers, Georgia Election Districts Map, August 20, 1993, which map is adopted and made a part of this Act.

MONDAY, MARCH 7, 1994

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Council District 1
ROCKDALE COUNTY: VTD: 0001 CONYERS (Part) Tract: 0603.03 Block(s): 303B, 305, 306, 307, 308 Tract: 0603.04 Block(s): 101, 102A, 102B, 103, 304A VTD: 0009 OLDE TOWNE (Part) Tract: 0603.04 Block(s): 102C, 106A, 107, 108, 109, 110, 111, 112, 511, 512, 513, 514, 515, 517, 518, 519, 522, 523, 524
Council District 2
ROCKDALE COUNTY VTD: 0001 CONYERS (Part) Tract: 0603.03 Block(s): 201A, 205A, 206A, 207, 208A, 208B, 208C, 210A, 211, 212A, 213, 214, 215, 216A, 303A, 601A, 602A, 603, 604 VTD: 0008 MILSTEAD (Part) Tract: 603.03 Block(s): That part of Block 701B lying within the city limits of Conyers as of January 1, 1994 VTD: 0009 OLDE TOWNE (Part) Tract: 0603.03
Block(s): 116A, 201B, 201C, 501A, 502A, 503, 504, 505, 601B, 605A, 607A, 701A
Council District 3
ROCKDALE COUNTY VTD: 0001 CONYERS (Part) Tract: 0603.03 Block(s): 218, 219, 220 Tract: 0603.04 Block(s): 114, 115, 116 VTD: 0008 MILSTEAD (Part) Tract: 603.02 Block(s): Those parts of Blocks 201, 212, 605, 611B, 614, and 617 lying within the city limits of Conyers as of January 1, 1994 Tract: 0603.03 Block(s): That part of Block 119B lying within the city limits of Conyers as of January 1, 1994 VTD: 0009 OLDE TOWNE (Part) Tract: 0603.02 Block(s): 611A Tract: 0603.03 Block(s): 113A, 118A, 118C, 118D, 119A, 401A, 402, 403, 506, 507, 508, 509, 511, 511B, 702A Tract: 0603.04 Block(s): 202, 401A, 402, 403A, 404
Council District 4
ROCKDALE COUNTY VTD: 0001 CONYERS (Part) Tract: 0603.03 Block(s): 221, 222 Tract: 0603.04 Block(s): 501, 502, 503A, 504, 505, 506

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JOURNAL OF THE SENATE

VTD: 0003 FLAT SHOALS (Part) Tract: 603.04 Block(s): Those parts of Blocks 704 and 705B lying within the city limits of Conyers as of January 1, 1994
VTD: 0009 OLDE TOWN (Part) Tract: 0602. Block(s): 701A Tract: 0603.02 Block(s): 301A, 305A Tract: 0603.03 Block(s): 510 Tract: 0603.04 Block(s): 113A, 405, 406, 407A, 503B, 507, 508, 509, 510A, 516, 520, 521, 525A, 526, 527, 528A, 529, 530, 601A, 607A, 608, 609A, 610, 611A, 612, 613, 614A, 615A, 616A, 617A, 701A, 701B, 702A, 705A
(b) (1) The members of the council shall be districted as follows:
District 1: one member;
District 2: two members; one member from Post 1 and one member from Post 2;
District 3: one member; and
District 4: one member.
(2) Each council member shall reside in the district which he or she serves.
(c) The mayor shall be elected at large.
(d) For purposes of subsection (a) of this section:
(1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geographi cal boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for con venience only; and in the event the description of any council district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of the City of Conyers which is not included in any council district de scribed in subsection (a) of this section shall be included within that council district contig uous to such part which contains the least population according to the United States decen nial census of 1990 for the State of Georgia; and
(5) Any part of the City of Conyers which is described in subsection (a) of this section as being included in a particular council district shall nevertheless not be included within such council district if such part is not contiguous to such council district. Such noncontigu ous part shall instead be included within that council district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
Section 4-103. Elections; time for holding.
(a) The initial elections for mayor and council members under this Act shall be held at a special election conducted on March 15, 1994. Thereafter, all municipal elections shall be held on the Tuesday following the first Monday in November in odd-numbered years.
(b) At the special election held on March 15, 1994, the mayor and council members

MONDAY, MARCH 7, 1994

1353

representing District 1 and District 2 Post 1 shall be elected for terms ending on December 31, 1997, and until their successors are duly elected and qualified. The council members representing District 2 Post 2, District 3, and District 4 shall be elected for terms ending on December 31, 1995, and until their successors are duly elected and qualified. Candidates for election at such special election shall file their notices of candidacy on or after February 14, 1994, but before February 19, 1994. Thereafter, successors shall be elected at the municipal election held immediately prior to the expiration of the terms of office for terms of four years.
(c) The candidate receiving the highest number of votes shall be elected.
(d) The mayor and council members elected in 1994 shall take office at the next regular council meeting following their election. Thereafter, the mayor and council members shall take office at the next regular council meeting in January following their election.
Section 4-104. Vacancies in office, (a) In the event that the office of mayor or council member shall become vacant for any cause, the council may call a special election to fill the unexpired term; provided, however, that if only one such vacancy exists, the council may function as the full council until the vacancy is filled at the next municipal election.
(b) If the office of mayor is vacated, the mayor pro tem shall be vested with all of the powers of the office of mayor until the vacancy is duly filled.
Section 4-105. Election superintendent. The city clerk shall serve as election superin tendent of all elections.
Section 4-106. Filing notice of candidacy. All filings of notice of candidacy shall be made pursuant to Code Section 21-3-91 of the O.C.G.A."
Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Conyers shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Conyers for approval or rejection. The election superintendent shall conduct that election on March 15, 1994, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Rockdale County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which shortens the terms of the city council members serving Posts 1, 4, and 5 and provides for a new form of city government consisting of a mayor and five city council members?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 and 2 of this Act shall not become effective and this Act shall be automatically repealed as provided in Section 5 of this Act.

The expense of such election shall be borne by the City of Conyers. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

Section 4. It shall be the duty of the governing authority of the City of Conyers to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, to the United States Attorney General for approval.

Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. If a majority of electors voting in the referendum provided by Section 3 of this Act fail to approve this Act, then Sections 1 and 2 of this Act shall be repealed in their entireties and the election conducted in accordance with Section 2 of this Act shall be null and void. In that event, the council members serving Posts 1, 4, and 5 on the date of such election shall continue to serve for the remainder of their terms, and

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JOURNAL OF THE SENATE

the mayor and the council members serving Posts 2, 3, and 6 shall serve until December 31, 1997, and until their successors are duly elected and qualified.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Crotts of the 17th moved that the Senate agree to the House substitute as amended by the following amendment:
Senators Crotts of the 17th and Guhl of the 45th offered the following amendment:
Amend the House substitute to SB 550 by striking line 32 on page 5 and inserting in lieu thereof the following:
"conducted on July 19, 1994. Thereafter, all municipal".
By striking line 1 on page 6 and inserting in lieu thereof the following:
"(b) At the special election held on July 19,".
By striking line 11 on page 6 and inserting in lieu thereof the following:
"after June 27, 1994, but before July 1, 1994.".
By striking line 10 on page 7 and inserting in lieu thereof the following:
"election on July 19, 1994, and shall issue the call and".
By inserting on line 19 on page 7, immediately following the number "5", the following:
", which otherwise end on December 31, 1995,".
On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted.
On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute as amended by the Senate.
SENATE RULES CALENDAR
Monday, March 7, 1994
THIRTY-SIXTH LEGISLATIVE DAY
HB 1375 Appropriations, FY 1994-95--provide (Substitute) (Amendment) (Approp--14th) Murphy--18th
HB 1267 Tax Executions--when immediate payment demanded by commissioner (F&PU--46th) McBee--88th
HB 1268 Personal Property Tax--notice not required when due (F&PU--46th) McBee--88th
HB 1906 Golf Hall of Fame Board of Trustees--membership (EDT&C--46th) Connell--115th
HB 1469 Guide Dogs--accompany trainer same as handicapped (YA&HE--5th) Poston--3rd
SR 529 Buena Vista, Marion County--Chicken Cookin' Championship (Ag--16th) HB 1541 Wild Animals--license, species considered dangerous (Nat R--49th) Cox--160th HB 1439 State Employees--voluntary wage deduction for charity (Substitute)
(F&PU--20th) Holmes--53rd HB 1547 Driver's License--reduced fees those executing anatomical gifts (Pub Saf--52nd)
Childers--13th HB 1274 Fiscal Notes In Bills--provisions on requesting, preparing (Approp--14th) Cole-
man--142nd HB 1318 State Highway Engineer--change name to chief engineer (Trans--1st) Bene-
field--96th

MONDAY, MARCH 7, 1994

1355

HB 838 Georgia Bureau of Investigation--testing of substances, evidence (Substitute) (Pub Saf--23rd) Snow--2nd
HB 1754 Probate Judges, Certain Counties--eligibility requirements (Substitute) (Judy--42nd) Chambless--163rd
HB 1861 Honeybee Production, Maintenance--no local regulation (Amendment) (Ag--47th) Reaves--178th
HB 1727 Securities Act--state participate in new electronic filing system (Judy--42nd) Chambless--163rd
HB 1130 School Year--summer program for those retained, failed (Substitute) (Ed--4th) Godbee--145th
HB 1378 Fraudulent Attempts to Obtain Refunds--information prohibited (Amendment) (S Judy--32nd) Clark--40th
HB 679 Domestic Relations Cases--issuance of certain orders (Judy--39th) Mobley--69th
HB 1337 Weapon Used in Crime--subject to forfeiture (Judy--37th) Birdsong--123rd
HB 1177 Public School Personnel--limit certain salary supplement decreases (Ed--51st) Johnson--84th
HB 1539 Abandoning Portion of County Road--newspaper notice (Trans--1st) Birdsong--123rd
HR 937 GA 96 AG Joint Steering Committee--create (Ag--49th) Reaves--178th
HB 866 Blasting Operations and Explosives--licensure, regulations (ST&I--41st) Powell--23rd
HB 1632 Debt--notice from surety to creditor (S Judy--28th) Thomas--100th
HB 649 Personal Care Homes--licensing (YA&HE--52nd) Sherrill--62nd
HB 650 Personal Care Home Licensing, Employee Records Checks--definitions (YA&HE--52nd) Sherrill--62nd
HB 879 Vehicle Loads--relating to vehicle transporting solid waste (Trans--1st) Dobbs--92nd
HB 1506 County Boards of Equalization--additional instructional requirements for mem bers (Substitute) (U&CA G--33rd) Felton--43rd
HB 1504 Certain County Boards of Equalization, Tax Assessors--arbitration (U&CA G--41st) Felton--43rd
HB 1723 Regents Retirement--rate of employee contributions (Ret--10th) Cummings--27th
HB 1637 Interior Designers--change provisions on waiver of examination (ST&I--41st) Henson--65th
HB 1221 Motor Vehicle License Plates--free to National Guard retired members (Pub Saf--23rd) Jamieson--22nd
HB 1513 Red Drum Salt-Water Finfish--prohibit taking certain size (Nat R--20th) Hanner--159th
HB 800 Sales Tax--certain coin operated devices (C Aff--55th) Jenkins--110th
HB 1702 Education--relating to textbooks (Amendment) (Ed--51st) Godbee--145th
HB 1586 Superior Court Judges Retirement--cost of living increases (Amendment) (Ret--31st) Cummings--27th
Respectfully submitted,
Is/ Scott of the 36th, Chairman Senate Rules Committee

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JOURNAL OF THE SENATE

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

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.
Senate Sponsor: Senator Hooks of the 14th.

The Senate Appropriations Committee offered the following substitute to HB 1375:

A BILL

To be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 1994, and ending June 30, 1995; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants author ized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1994, and ending June 30, 1995, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, includ ing unappropriated surplus, reserves and a revenue estimate of $9,396,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1995.

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

$23,305,626 $11,773,415 $3,669,384 . . $2,776,448
$76,500 ...... $7,000 . . . . . $--0-- ... $177,500
$473,000 $5,000
$651,000 $103,970 $2,389,609 . $70,000 $1,132,800 $23,305,626
$23,305,626

Senate and Research Office Lt. Governor's Office

Senate Functional Budgets Total Funds

$ 3,435,848

$

681,479

State Funds 3,435,848 681,479

Secretary of the Senate's Office Total

$ 1,146,293 $ 5,263,620

1,146,293 5,263,620

MONDAY, MARCH 7, 1994

1357

House Functional Budgets Total Funds

House of Representatives and Research Office

$ 8,961,172

Speaker of the House's Office

$

500,655

Clerk of the House's Office

$

1,295,690

Total

$ 10,757,517

State Funds

$ 8,961,172

$

500,655

$ 1,295,690

$ 10,757,517

Joint Functional Budgets Total Funds

State Funds

Legislative Counsel's Office

$ 2,383,497 $ 2,383,497

Legislative Fiscal Office

$ 2,212,535 $ 2,212,535

Legislative Budget Office

$

990,860 $

990,860

Ancillary Activities

$ 1,697,597 $ 1,697,597

Total

$ 7,284,489 $ 7,284,489

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating 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 Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative 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 Analyst 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 Electors. 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 Government, 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 Committee 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 appropriated 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 ................................ $16,288,129 Personal Services................................................ $13,586,417 Regular Operating Expenses......................................... $416,600 Travel ............................................................ $550,650 Motor Vehicle Purchases............................................ $105,102

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JOURNAL OF THE SENATE

Equipment ........................................ Real Estate Rentals ................................ Per Diem, Fees and Contracts Computer Charges ................................. Telecommunications ................................ Total Funds Budgeted .............................. State Funds Budgeted ..............................
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court Personal Services...... Operating Expenses Total Funds Budgeted State Funds Budgeted
Section 4. Court of Appeals. Budget Unit: Court of Appeals Personal Services................................... Operating Expenses ................................ Total Funds Budgeted .............................. State Funds Budgeted
Section 5. Superior Courts. Budget Unit: Superior Courts .......................... Operation of the Courts ............................ Prosecuting Attorneys' Council ...................... Sentence Review Panel ............................. Council of Superior Court Judges Judicial Administrative Districts ..................... 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 Total Funds Budgeted State Funds Budgeted

. . . . $42,580 . $852,070 . . . . $34,000
$569,710 $131,000 $16,288,129 $16,288,129
$5,175,558 $4,336,196 $1,485,605 $5,821,801 $5,175,55*
$5,950,473 $5,296,896 . . $703,577 $6,000,473 $5,950,473
$48,669,886 $47,567,015 $1,911,833
$162,826 $131,069 $1,201,222 $50,973,965 $48,669,886
$1,002,190
$652,490 $513,260 $139,230 . $652,490 $652,490
$1,765,210 $1,225,454
$76,500 . . $70,756
$26,700 $20,000 $12,000 $33,800 $300,000 $1,765,210 $1,765,210

MONDAY, MARCH 7, 1994

1359

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

$146,740

Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council

$2,000,000

Section 11. Georgia Courts Automation Commission. Budget Unit: Georgia Courts Automation Commission .............. Operating Expenses ........................................... Computerized Information Network ............................. Total Funds Budgeted ......................................... State Funds Budgeted .........................................
PART III.
EXECUTIVE BRANCH

$1,106,463 $423,895 $682,568
$1,106,463 $1,106,463

Section 12. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services ............. $35,442,265

Personal Services.............................................. $41,266,808

Regular Operating Expenses.................................... $11,667,606

Travel ....................................................... $270,459

Motor Vehicle Purchases.......................................

$174,200

Equipment ................................................... $1,968,391

Computer Charges ............................................ $11,691,066

Real Estate Rentals ........................................... $2,772,902

Telecommunications ........................................... $3,279,622

Per Diem, Fees and Contracts .................................. $4,287,065

Rents and Maintenance Expense ............................... . $11,305,000

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

$46,500

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

..... $--0--

Telephone Billings

$48,553,700

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

$683,000

Materials for Resale ........................................... . $21,000,000

Public Safety Officers Indemnity Fund .......................... $250,000

Health Planning Review Board Operations

. $35,000

Total Funds Budgeted ......................................... $162,501,319

State Funds Budgeted ......................................... $35,442,265

Department of Administrative Services Functional Budgets

Total Funds

State Funds

Executive Administration

1,694,090

520,000

Departmental Administration

2,504,391

2,400,509

Statewide Systems

10,992,402

8,242,402

Space Management

480,350

480,350

Procurement Administration General Services

2,731,255 404,497

2,731,255 --0--

Central Supply Services

17,155,666

Data Processing Services

47,557,644

Motor Vehicle Services

3,689,197

Communication Services

61,278,779

Printing Services

6,934,674

Surplus Property

2,107,641

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JOURNAL OF THE SENATE

Mail and Courier Services Risk Management State Properties Commission Distance Learning and Telemedicine Office of the Treasury Total

$ 1,242,779 $

-- 0--

$ 2,489,226 $

239,563

$

458,534 $

458,534

$

--0-- $

-- 0--

$

780,194 $

780,194

$ 162,501,319 $ 35,442,265

B. Budget Unit: Georgia Building Authority ......

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

Personal Services

$19,809,211

Regular Operating Expenses ..................

. $4,914,086

Travel .....................................

........ $20,700

Motor Vehicle Purchases .....................

$302,000

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

....... $219,725

Computer Charges ..........................

....... $112,200

Real Estate Rentals .........................

........ $12,700

Telecommunications .........................

$161,340

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

....... $285,000

Capital Outlay ..............................

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

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

. . . . . $8,950,000

Contractual Expense ........................

.... $1,047,272

Facilities Renovations and Repairs

... $--0--

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

$35,834,234

State Funds Budgeted ....................................... ........ $--0--

Georgia Building Authority Functional Budgets Total Funds

Grounds

$ 1,457,429

Custodial

$ 5,515,932

Maintenance

$ 4,577,331

Security

$ 5,857,439

Van Pool

$

375,536

Sales

$ 4,075,930

Administration

$ 12,230,720

Railroad Excursions Facility Renovations

$ 1,743,917

$

-- 0--

Total

$ 35,834,234

State Funds

$

-- 0--

$

-- 0--

$

-- 0--

$

--0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

Section 13. 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

....... $110,133 $90,933
........ $10,800 $8,000
........ $--0-- ........ $--0-- ........ $--0-- ........ $--0-- .......... $400 ....... $--0-- ........ $--0-- ........ $--0--
$110,133 $110,133

MONDAY, MARCH 7, 1994

1361

Section 14. Department of Agriculture. A. Budget Unit: Department of Agriculture .......................... $34,975,502
Personal Services................................................ $30,501,476 Regular Operating Expenses....................................... $4,153,363 Travel ............................................................ $896,000 Motor Vehicle Purchases............................................ $446,460 Equipment ........................................................ $391,082 Computer Charges ................................................. $359,078 Real Estate Rentals ................................................ $791,341 Telecommunications ................................................ $402,901 Per Diem, Fees and Contracts ....................................... $957,050 Market Bulletin Postage ............................................ $860,000 Payments to Athens and Tifton Veterinary Laboratories ............. $2,515,782 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas,
Oakwood, and Statesboro ....................................... $2,083,712 Veterinary Fees .................................................... $412,000 Indemnities........................................................ $127,000 Advertising Contract ............................................... $175,000 Payments to Georgia Agrirama Development Authority for Operations $593,084 Payments to Georgia Development Authority .......................... $--0-- 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 ..................................... $--0-- Total Funds Budgeted ........................................... $46,405,329 State Funds Budgeted ........................................... $34,975,502

Department of Agriculture Functional Budgets Total Funds

State Funds

Plant Industry

4,838,347

4,517,347

Animal Industry

7,191,045

6,954,343

Marketing

1,993,628

1,941,563

General Field Forces

3,092,518

2,967,518

Internal Administration

3,510,957

3,132,457

Information and Education

2,126,401

2,126,401

Fuel and Measures

3,250,520

3,125,520

Consumer Protection Field Forces

7,784,540

4,916,193

Meat Inspection

4,291,914

1,774,111

Major Markets

5,143,303

1,520,303

Seed Technology

722,410

Entomology and Pesticides

2,459,746

1,999,746

Total

$ 46,405,329

34,975,502

B. Budget Unit: Georgia Agrirama Development Authority

Personal Services....................................

Regular Operating Expenses..........................

Travel .............................................

Motor Vehicle Purchases.............................

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

Computer Charges ..................................

Real Estate Rentals

....

Telecommunications .................................

$--0--
$826,373 . $170,568
$5,000 $12,500 ... $35,150 $5,000 $--0--
...... $7,420

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JOURNAL OF THE SENATE

Per Diem, Fees and Contracts ............................. Capital Outlay ........................................... Goods for Resale ......................................... Total Funds Budgeted .................................... State Funds Budgeted ....................................

Section 15. 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 16. 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

$ 21,931,073

. Milledgeville State YDC

$ 8,043,669

Augusta State YDC

$ 7,923,791

Atlanta State YDC

$ 4,542,423

Macon State YDC

$ 4,915,500

Court Services

$ 15,637,033

Community Treatment Centers

$ 2,979,860

Day Centers

$

901,314

Group Homes

$ 1,104,630

Purchased Services

$ 15,132,820

Runaway Investigation/Interstate Compact

$

895,497

Assessment and Classification

$

671,091

. . . . $7,950 . $75,000
$113,200 $1,258,161 . . $--0--
$8,477,310 $6,844,499 . $384,985
$392,080 $104,080 . . . . . $26,730 . . . . $341,668 . . . . $302,436 . . $70,832 . . . . . $10,000 . . $8,477,310 . $8,477,310
$88,212,881 $60,874,034 $4,452,980
$761,000 $252,700 ... $329,095 ... $255,600 $1,550,689 . $736,400 $2,674,670 $2,027,600 $547,600 $2,686,400 $13,329,313 $308,000 . . . . $100,000 $90,886,081 $88,212,881
State Funds
21,131,573
7,701,969
7,585,491
4,373,823
4,690,400
15,637,033
2,979,860
901,314
1,104,630
14,332,820
895,497
671,091

MONDAY, MARCH 7, 1994

1363

Youth Services Administration Multi-Service Centers Total

6,087,380 120,000
90,886,081

Section 17. 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) .............. National and Community Service Program .................... 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 .......................................

Department of Community Affairs Functional Budgets Total Funds

Office of Commissioner

21,746,588

Government Management

1,502,682

Financial Assistance

32,064,747

Coordinated Planning

2,394,242

Total

$ 57,708,259

Section 18. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation
Personal Services..................................... Regular Operating Expenses Travel .............................................. Motor Vehicle Purchases.............................. Equipment .......................................... Computer Charges ................................... Real Estate Rentals Telecommunications .................................. Per Diem, Fees and Contracts ......................... Capital Outlay ....................................... Utilities ............................................. Court Costs. .........................................

6,087,380
120,000
88,212,881
$25,249,654 . $5,529,841
$230,905 . . $157,750 . . . . $12,000 .... $6,040 . . $169,000
$549,166 ... $46,211 . . . $415,700 .... $-0. $2,272,825 $3,063,300 . . . . $94,731 $30,000,000 . $250,000 . . . $144,551
$100,000 $750,000 . $4,625,000 . $4,585,000 $1,686,239 $2,090,000 . . $750,000 . $180,000 $57,708,259 $25,249,654
State Funds
20,472,521
1,502,682
1,043,963
2,230,488
25,249,654
$623,722,470 $437,290,802 $62,541,407
$2,060,975 $3,056,000 $4,099,710 $5,012,000 $5,581,082 . $5,822,295 $6,232,895
$--0-- $20,547,180
$950,000

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

. $13,928,400 $2,117,200
... $--0--
$886,000 $3,985,806 $1,340,100
$459,900 $1,400,000 . $51,967,153
$60,400 . . . . $341,250 ..... $--0-- $629,680,555
$450,000 ..... $--0--
$623,722,470

Administration Institutions and Support Probation Total

Departmental Functional Budgets Total Funds
$ 67,363,126 $ 457,134,081 $ 105,183,348 $ 629,680,555

State Funds 66,372,026 455,303,256 102,047,188 623,722,470

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 Purchases Total Funds Budgeted .................... State Funds Budgeted ....................

. $37,575,692 $30,428,032 $1,140,630
. . . . $678,400 . . . . $364,500 . . . . $167,500 ... $428,130
$2,623,000 $838,000
. . . . $252,500
$650,000 $5,000
. $37,575,692 $37,575,692

Section 19. Department of Defense. Budget Unit: Department of Defense ........ Personal Services......................... Regular Operating Expenses Travel .................................. Motor Vehicle Purchases Equipment .............................. Computer Charges ....................... Real Estate Rentals Telecommunications Per Diem, Fees and Contract Capital Outlay Total Funds Budgeted State Funds Budgeted ....................

$4,048,909 . $7,045,746
$4,724,530 $22,550
..... $--0--
.... $24,000 $11,000 $10,000
.... $41,845 $547,400
..... $--0-- $12,427,071 $4,048,909

Department of Defense Functional Budgets Total Funds

Office of the Adjutant General

$ 1,340,189

State Funds $ 1,215,912

MONDAY, MARCH 7, 1994

1365

Georgia Air National Guard Georgia Army National Guard Total

$ 4,600,360 $ $ 6,486,522 $ $ 12,427,071 $

528,520 2,304,477 4,048,909

Section 20. State Board of Education - Department of Education.

A. Budget Unit: Department of Education ......................... $3,310,617,529

Operations:

Personal Services................................................ $38,338,223

Regular Operating Expenses....................................... $3,958,764

Travel .......................................................... $1,063,842

Motor Vehicle Purchases............................................ $138,000

Equipment ........................................................ $366,586

Computer Charges .............................................. $13,999,305

Real Estate Rentals .............................................. $1,495,141

Telecommunications .............................................. $1,242,587

Per Diem, Fees and Contracts .................................... $16,916,139

Utilities ........................................................... $764,752

Capital Outlay ..................................................... $305,000

QBE Formula Grants:

Kindergarten Grades 1 - 3 ...................................... $780,868,914

Grades 4 - 8 ................................................... $742,883,488

Grades 9 - 12 .................................................. $291,533,707

High School Laboratories ....................................... $144,878,589

Vocational Education Laboratories ............................... $104,829,548

Special Education .............................................. $295,111,728

Gifted.......................................................... $42,414,473

Remedial Education ............................................. $64,718,259

Staff Development and Professional Development .................. $29,843,108

Media.......................................................... $90,359,653

Indirect Cost .................................................. $611,873,186

Pupil Transportation ........................................... $128,018,191

Local Fair Share .............................................. $(635,320,498)

Mid-Term Adjustment Reserve .................................... $2,544,342

Teacher Salary Schedule Adjustment.................................. $--0--

Other Categorical Grants:

Equalization Formula........................................... $148,246,937

Sparsity Grants .................................................. $3,609,604

In School Suspension ............................................ $20,820,414

Special Instructional Assistance................................... $57,106,336

Middle School Incentive ......................................... $61,481,182

Special Education Low - Incidence Grants............................ $416,000

Non-QBE Grants:

Education for Children of Low-Income Families................... $198,714,081

Retirement (H.B. 272 and H.B. 1321) .............................. $4,950,000

Instructional Services for the Handicapped ........................ $51,519,023

Tuition for the Multi-Handicapped ................................ $1,841,080

Severely Emotionally Disturbed .................................. $37,229,829

School Lunch (Federal) ......................................... $165,074,766

School Lunch (State) ............................................ $24,758,747

Supervision and Assessment of Students and Beginning Teachers and

Performance-Based Certification ................................. $1,500,000

Regional Education Service Agencies ............................... $7,001,200

Georgia Learning Resources System ................................ $3,300,462

High School Program ............................................ $22,179,854

Special Education in State Institutions

$3,991,103

Governor's Scholarships........................................... $2,972,200

1366

JOURNAL OF THE SENATE

Counselors................................................ Vocational Research and Curriculum ........................ Even Start ............................................... Salaries and Travel of Public Librarians..................... Public Library Materials Talking Book Centers ..................................... Public Library M&O..................................... Child Care Lunch Program (Federal) Chapter II - Block Grant Flow Through..................... Payment of Federal Funds to Board of Technical and Adult
Education .............................................. Education of Homeless Children/Youth ..................... Innovative Programs. ...................................... Next Generation School Grants............................. Limited English-Speaking Students Program................. Drug Free School (Federal) ................................ At Risk Summer School Program ........................... Emergency Immigrant Education Program ................... Title II Math/Science Grant (Federal) ...................... Robert C. Byrd Scholarship (Federal) ....................... Health Insurance - Non-Cert. Personnel and Retired Teachers Pre-School Handicapped Program .......................... Mentor Teachers.......................................... Nutrition Education ....................................... Advanced Placement Exams................................ Serve America Program .................................... Family Connection Grants ................................. Youth Apprenticeship Grants .............................. Remedial Summer School .................................. Alternative Programs ...................................... Superintendent's Base Salary............................... Environmental Science Grants.............................. Pay for Performance ...................................... Total Funds Budgeted ..................................... Indirect DOAS Services Funding ........................... State Funds Budgeted ................................... .

Education Functional Budgets Total Funds

State Administration

4,545,979

Instructional Services

$ 22,737,569

Governor's Honors Program

$ 1,194,075

Administrative Services

$ 26,729,319

Special Services

$ 6,430,750

Professional Practices Commission

$

837,039

Local Programs

$ 3,768,096,578

Georgia Academy for the Blind

$ 4,700,018

Georgia School for the Deaf

$ 6,316,309

Atlanta Area School for the Deaf

$ 4,697,281

Total

$ 3,846,284,917

B. Budget Unit: Lottery for Education Pre-Kindergarten for 4-year-olds Applied Technology Labs ..........

... $8,200,000 ..... $258,213
$1,375,160 $10,760,927 $5,149,409 ...... $934,522 $4,039,395 . $37,880,233 . . $10,019,305
. $13,311,012 ...... $186,700 . . . . $2,349,999 ...... $500,000 ... $8,517,944
. $12,505,800 . $3,691,270 ...... $228,500 . . . . $4,570,112
$253,000 $9<J,047,892 . $14,602,242 $1,250,000 ....... $57,035 . $1,100,400
$356,000 . . . . $2,575,000
$2,000,000 . $1,876,182
$7,500,000 . $1,130,820 ...... $200,000 ....... $--0-- $3,846,284,917
$340,000 $3,310,617,529

State Funds $ 3,930,096
18,283,984

1,105,305

$ 22,360,677

3,114,536

$

837,039

3,246,044,748

4,486,530 6,128,184 4,326,430

$ 3,310,617,529

$97,200,000 $80,000,000 $6,300,000

MONDAY, MARCH 7, 1994

1367

Next Generation Schools................. Drug and Anti-Violence Education ........ Alternative Programs Educational Technology Centers .......... Regional Science Equipment ............. Total Funds Budgeted ................... Lottery Funds Budgeted .................

. . $500,000 . $900,000 . $8,500,000 $1,000,000 ... $--0--
$97,200,000 $97,200,000

Section 21. Employee's Retirement System. Budget Unit: Employees' Retirement System Personal Services ....................... Regular Operating Expenses.............. Travel ................................. Motor Vehicle Purchases................. Equipment ............................. Computer Charges ...................... Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts ............ Benefits to Retirees ..................... Total Funds Budgeted ................... State Funds Budgeted ...................

... $--0-- $1,582,338
. $337,000 $20,500
. . . . $--0-- .... $13,113
$532,528 $302,000 .... $24,886 $1,091,500 . . . . $--0-- $3,903,865 . . . . $--0--

Section 22. Forestry Commission.

Budget Unit: Forestry Commnission ........................... ...... $34,332,917

Personal Services

$28,453,791

Regular Operating Expenses ................................ .... $5,472,475

Travel ................

......... $150,185

Motor Vehicle Purchases

$1,265,696

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

....... $1,682,392

Computer Charges .

$300,200

Real Estate Rentals

.......... $52,455

Telecommunications .

......... $951,378

Per Diem, Fees and Contraaccts .............................. ......... $475,898

Ware County Grant

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

Ware County Grant fo suthern Forest World .............. .......... $30,000

Ware County Grant fo oad Maintenance .................. .......... $60,000

Capital Outlay .......

......... $258,219

Total Funds Budgeted

...... $39,152,689

State Funds Budgeted

...... $34,332,917

Commission Functional Budgets Total Funds

State Funds

Reforestation

$ 1,927,295 $

100,000

Field Services

$ 33,224,143 $ 30,399,821

General Administration and Suppowrt Total

$ 4,001,251 $ 3,833,096 $ 39,152,689 $ 34,332,917

Section 23. 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 ......................

$40,223,066 $29,929,071 $2,553,404
$505,589 $1,019,500 . $783,669 $1,529,394 $1,883,202

1368

JOURNAL OF THE SENATE

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

3,355,181

Drug Enforcement

9,633,807

Investigative

11,972,049

Georgia Crime Information Center

6,782,757

Forensic Sciences

8,479,272

Total

40,223,066

. . . $767,110 . . $743,127
$509,000 . . . . $--0-- $40,223,066 $40,223,066
State Funds 3,355,181 9,633,807 11,972,049 6,782,757 8,479,272 40,223,066

Section 24. Office of the Governor. A. Budget Unit: Office of the Governor .............................. $26,694,353
Personal Services................................................ $14,139,957 Regular Operating Expenses ........... $905,428 Travel ............................................................ $296,444 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................ $130,596 Computer Charges ................................................. $628,555 Real Estate Rentals .............................................. $1,052,178 Telecommunications ................................................ $357,511 Per Diem, Fees and Contracts .................................... $35,991,243 Cost of Operations ............................................... $3,184,094 Mansion Allowance .................................................. $40,000 Governor's Emergency Fund ...................................... $3,600,000 Intern Stipends and Travel ......................................... $165,000 Art Grants of State Funds ........................................ $3,007,357 Art Grants of Non-State Funds...................................... $359,004 Humanities Grant - State Funds...................................... $60,000 Art Acquisitions - State Funds ....................................... $--0-- Children and Youth Grants ......................................... $290,975 Juvenile Justice Grants ........................................... $1,112,317 Georgia Crime Victims Assistance Program ........................... $100,000 Grants to Local Systems ............................................ $684,400 Grants - Local EMA ............................................. $1,044,200 Grants - Other ...................................................... $--0-- Grants - Civil Air Patrol............................................. $60,000 Total Funds Budgeted ........................................... $67,209,259 State Funds Budgeted ........................................... $26,694,353

Office of the Governor Functional Budgets Total Funds

State Funds

Governor's Office

$ 6,989,094 $ 6,989,094

Office of Fair Employment Practices

$

911,207 $

773,198

Office of Planning and Budget

$ 6,086,232 $ 6,086,232

Council for the Arts

$ 4,129,292 $ 3,347,292

Office of Consumer Affairs

$ 2,468,777 $ 2,468,777

State Energy Office

$ 33,794,630 $

269,751

Vocational Education Advisory Council

$

351,360 $

83,934

MONDAY, MARCH 7, 1994

1369

Office of Consumers' Utility Council Criminal Justice Coordinating Council Children and Youth Coordinating Council Human Relations Commission Professional Standards Commission Georgia Emergency Management Agency Office of State Olympic Coordination Total

i

545,189

!

1,508,372

I

1,735,967

I

301,197

1

3,679,160

I

4,486,190

!

222,592

: 67,209,259

B. Budget Unit: Lottery for Education............................ Technology Grants ........................................... Total Funds Budgeted ........................................ Lottery Funds Budgeted ......................................

Section 25. 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

943,532

Budget Administration

2,048,237

Office of Children and Youth

30,809,504

Administrative Support Services

27,459,047

Facilities Management

5,599,652

Administrative Appeals

1,971,126

Regulatory Services - Program Direction and Support

657,973

Child Care Licensing

2,810,366

Health Care Facilities Regulation

8,494,996

Fraud and Abuse

5,990,277

Financial Services

5,531,377

Auditing Services

1,768,008

545,189 391,432
508,467 301,197 3,679,160
1,028,038 222,592
26,694,353
. $500,000 $500,000
. . . . $500,000 $500,000
$646,219,092
$56,786,321 $1,901,500 . $1,286,117 $1,326,625 . . . . $123,349 $4,955,294 .... $757,627 $1,334,901
$635,431 . . . . $244,000
$30,809,504 $34,526,045 ... $67,500
$961,436 . $13,737,347 $149,452,997
$412,600 $93,451,770
State Funds 943,532
2,048,237 22,564,521
26,109,983 4,485,460 1,971,126
647,973 2,810,366 1,922,315 2,227,997 5,331,377 1,768,008

1370

JOURNAL OF THE SENATE

Personnel Administration Indirect Cost Public Affairs Aging Services State Health Planning Agency Total

$ 1,679,226 $ 1,679,226

$

--0-- $ (7,945,954)

$

506,897 $

506,897

$ 51,555,444 $ 24,833,371

$

1,627,335 $

1,547,335

$ 149,452,997 $ 93,451,770

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

$51,577,089 $74,972,194
$984,919 ...... $--0-- ..... $150,672
$1,189,239 $5,167,803 ..... $984,772
$755,461 $8,131,654
$308,000 $3,280,000
$960,000 $653,222 $672,400 ...... $672,246 . $11,627,476 $91,562,810 ....... $34,500 ...... $139,801 ...... $766,455 $254,590,713 .... $549,718 . $134,752,201

Public Health Functional Budgets Total Funds

District Health Administration

$ 11,408,193

Newborn Follow-up Care

$ 1,168,153

Dental Health

$ 1,405,427

Stroke and Heart Attack Prevention

$ 2,039,956

Sickle Cell, Vision and Hearing

$ 4,079,993

High-Risk Pregnant Women and Infants

$ 5,486,723

Sexually Transmitted Diseases

$ 2,172,225

Family Planning

$ 7,781,944

Malnutrition

$ 77,674,052

Grant in Aid to Counties

$ 51,625,588

Children's Medical Services

$ 13,174,108

Emergency Health

$ 2,874,732

Primary Health Care

$ 1,754,565

Epidemiology

$

575,004

Immunization

$

941,562

State Funds

$ 11,278,518

$

922,624

$

1,195,252

$ 1,509,956

$ 3,683,691

$ 5,374,723

$

321,819

$ 4,280,069

$

-- 0--

$ 50,769,588

$ 7,691,833

$ 1,818,184

$

1,629,897

$

439,337

$

--0--

MONDAY, MARCH 7, 1994

1371

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

5,624,391 1,050,368 1,374,622 1,906,836 1,007,080
506,365 4,307,232
840,070 293,275 1,684,689 1,795,408 1,236,591 1,420,559 5,268,732 3,957,532 510,152 7,720,355 11,462,507 3,220,025 2,987,478 168,677 12,085,544
--0--
254,590,713

3. Rehabilitation Services Budget: Personal Services. ................... Regular Operating Expenses.......... Travel ............................. Motor Vehicle Purchases............. Equipment ......................... Real Estate Rentals ................. Per Diem, Fees and Contracts Computer Charges .................. Telecommunications ................. Case Services ....................... E.S.R.P. Case Services ............... Special Purpose Contracts Purchase of Services Contracts Institutional Repairs and Maintenance Utilities ............................ Postage ............................ Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted

Rehabilitation Services Functional Budgets Total Funds

District Field Services

$ 42,855,575

5,156,068 724,348
514,156
805,458
1,007,080 506,365
4,307,232 642,845
293,275 1,551,088
1,576,335
1,013,773
1,244,466
5,148,732 1,493,379
330,703 4,044,462
508,816
2,485,942
1,933,378
151,525
9,933,002
(1,535,718) 134,752,201
$66,669,489 . $11,478,127 . . . . $829,018 . . . . . $63,700 .... $527,225
$3,947,918 . $7,536,461
$2,313,365 $1,522,688 $24,687,235 ... $27,675
$692,387 $9,075,409 . . . . $148,554
$912,445 $734,188 $131,165,884 $100,000 $21,987,855
State Funds
$ 8,843,354

1372

JOURNAL OF THE SENATE

Independent Living Sheltered Employment Community Facilities State Rehabilitation Facilities Diversified Industries of Georgia Program Direction and Support Grants Management Disability Adjudication Georgia Factory for the Blind Roosevelt Warm Springs Institute Total

$

573,642 $

573,642

$ 1,697,218 $

837,565

$ 8,126,966 $ 3,153,263

$ 6,922,771 $ 1,472,781

$

1,017,410 $

-- 0--

$ 3,662,179 $ 1,252,799

$

701,682 $

701,682

$ 31,902,848 $

-- 0--

$ 12,001,125 $

804,075

$ 21,704,468 $ 4,348,694

$ 131,165,884 $ 21,987,855

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

...... $41,218,446 ....... $3,724,474 ......... $723,173 .......... $--0-- ......... $348,301 ....... $2,618,805
$18,296,733 ...... $23,398,034
$3,990,060 $1,095,001 ... $475,072,728 ....... $4,372,441 $175,368,346 $16,934,020 ....... $3,437,860 $261,398,301 $1,031,996,723 ....... $2,565,582 $396,027,266

Family and Children Services Functional Budgets Total Funds

State Funds

Director's Office

$

378,902 $

378,902

Social Services

$ 4,142,108 $ 3,763,924

Administrative Support

$ 5,690,539 $ 4,504,254

Quality Assurance

$ 3,678,311 $ 3,678,311

Community Services

$ 12,102,913 $ 1,350,544

Field Management

$

1,094,091 $

1,094,091

Human Resources Management

$

1,937,040 $ ' 1,755,583

Public Assistance

$ 27,489,809 $ 12,319,461

Child Support Recovery

$ 49,073,041 $ 2,436,515

AFDC Payments

$ 460,160,668 $ 173,526,588

SSI - Supplemental Benefits

$

100 $

100

Refugee Programs

$ 2,799,421 $

-- 0--

Energy Benefits

$ 12,966,539 $

-- 0--

County DFACS Operations - Eligibility

$ 101,653,359 $ 50,678,565

MONDAY, MARCH 7, 1994

1373

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

82,650,937 3,053,351
7,545,258
$ 57,508,868
12,039,879 26,196,997 2,884,700 32,999,018 8,399,105 2,198,812 9,538,644 10,345,743 90,303,653
152,058 1,745,548 1,267,311
--0-- 1,031,996,723

$ 30,508,281

$

--0--

$ 2,114,331

$ 26,835,114

4,541,676 10,841,651 2,262,504 20,682,619 6,725,777 1,920,404 7,256,644 3,836,012 27,236,623
152,058 1,720,766 1,267,311 (7,361,343) 396,027,266

Budget Unit Object Classes: Personal Services............................................ Regular Operating Expenses Travel ..................................................... Motor Vehicle Purchases Equipment ................................................. Real Estate Rentals ......................................... Per Diem, Fees and Contracts Computer Charges .......................................... Telecommunications ......................................... Crippled Children's Benefits Kidney Disease Benefits Cancer Control Benefits Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants ............................................. Family Planning Benefits Case Services ...............................................
E.S.R.P. Case Services Crippled Children's Clinics Children's Trust Fund Cash Benefits ............................................... 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 ..........................

$216,251,345 $92,076,295 . . $3,823,227 $1,390,325 . $1,149,547 $12,711,256 $31,758,624 $28,031,072 $6,903,640 $8,131,654
$308,000 $3,280,000
$960,000 $653,222 $24,687,235 . . $27,675 . . $672,400 $1,095,001 $475,072,728 $5,981,074
$206,177,850 $72,162,950 $91,562,810
$250,554 ... $912,445
$5,273,285 $13,737,347

1374

JOURNAL OF THE SENATE

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

....... $766,455 $261,398,301
. $454,421,322 $357,906,757 $38,709,341
....... $310,642 $536,000
$1,869,029 $4,714,791 ....... $262,805 $2,420,742 . $9,147,738 $11,662,611 . . . . . $1,789,045 . . . . $47,886,720 ... $91,411,300 . $30,171,912 ... $63,308,827 ....... $294,118 . $662,402,378 ... $2,404,100 . . $454,421,322

Community Mental Health/Mental Retardation and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital

$ 46,222,315 $ 26,136,518

Brook Run

$ 32,454,866 $ 13,574,257

Georgia Mental Health Institute

$ 34,058,259 $ 28,206,429

Georgia Regional Hospital at Augusta

$ 25,471,929 $ 21,525,985

Northwest Regional Hospital at Rome

$ 30,122,181 $ 21,122,689

Georgia Regional Hospital at Atlanta

$ 32,707,207 $ 25,269,771

Central State Hospital Georgia Regional Hospital at Savannah

$ 143,967,301 $ 86,597,397 $ 26,324,943 $ 21,215,772

Gracewood State School and Hospital

$ 49,422,633 $ 24,189,196

West Central Georgia Regional Hospital

$ 24,580,585 $ 19,827,498

Outdoor Therapeutic Program

$ 3,652,861 $ 2,753,743

Mental Health Community Assistance

$ 10,486,840 $ 10,377,423

Mental Retardation Community Assistance

$ 4,025,729 $ 3,021,587

Day Care Centers for Mentally Retarded

$ 70,405,651 $ 34,086,393

Supportive Living

$ 29,820,474 $ 26,376,057

Georgia State Foster Grandparents/Senior Companion Program

$

738,489 $

738,489

Project Rescue

$

534,154 $

534,154

Drug Abuse Contracts

$

1,134,450 $

1,134,450

Community Mental Health Center Services

$ 63,308,827 $ 59,269,635

Project ARC Metro Drug Abuse Centers

$

439,184 $

439,184

$

1,515,383 $

1,319,883

Group Homes for Autistic Children

$

290,264 $

290,264

MONDAY, MARCH 7, 1994

1375

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

$

351,438

$ 4,242,573

$ 15,115,695

$

95,472

$ 10,912,675

$ 662,402,378

$

351,438

$ 4,242,573

$ 15,115,695

$

95,472

$ 6,609,370

$ 454,421,322

Section 26. Department of Industry, Trade and Tourism.

Budget Unit: Department of Industry, Trade and Tourism ............ $19,094,207

Personal Services ................................................ $8,155,880

Regular Operating Expenses ...................................... $1,494,818

Travel ......................................................... . $335,000

Motor Vehicle Purchases ......................................... . $32,000

Equipment ..................................................... . . . . $60,883

Computer Charges .............................................. $152,440

Real Estate Rentals ............................................. $947,130

Telecommunications ............................................. $227,000

Per Diem, Fees and Contracts .................................... . $690,178

Local Welcome Center Contracts ................................. $154,100

Marketing ...................................................... $6,479,578

Georgia Ports Authority Lease Rentals

$1,450,000

Foreign Currency Reserve ........................................ $50,000

Waterway Development in Georgia ................................ $50,000

Lanier Regional Watershed Commission ........................... .... $--0--

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

Total Funds Budgeted ........................................... $20,279,007

State Funds Budgeted ........................................... $19,094,207

Department of Industry, Trade and Tourism Functional Budgets

Total Funds

State Funds

Administration

$ 10,537,279 $ 9,707,479

Economic Development

$ 4,203,072 $ 4,058,072

Trade

$

951,205 $

951,205

Tourism

$ 4,587,451 $ 4,377,451

Total

$ 20,279,007 $ 19,094,207

Section 27. Department of Insurance.

Budget Unit: Department of Insurance .............................. $14,405,585

Personal Services ................................................ $12,601,520

Regular Operating Expenses ...................................... $713,762

Travel ......................................................... $401,560

Motor Vehicle Purchases ......................................... $84,000

Equipment ..................................................... $55,750

Computer Charges .............................................. . . . $447,756

Real Estate Rentals ............................................. $806,814

Telecommunications

$251,433

Per Diem, Fees and Contracts .................................... $202,990 Health Care Utilization Review ................................... $--0--

Total Funds Budgeted ........................................... $15,565,585

State Funds Budgeted

$14,405,585

1376

JOURNAL OF THE SENATE

Department of Insurance Functional Budgets Total Funds

Internal Administration

$ 4,327,490

Insurance Regulation

$ 6,212,193

Industrial Loans Regulation

$

427,266

Fire Safety and Mobile Home Regulations

$ 4,598,636

Total

$ 15,565,585

State Funds

$ 4,327,490

$ 6,212,193

$

427,266

$ 3,438,636

$ 14,405,585

Section 28. Department of Labor.

Budget Unit: Department of Labor .................................. $7,170,026

Personal Services................................................ $66,655,245

Regular Operating Expenses....................................... $5,609,533

Travel .......................................................... $1,102,315

Motor Vehicle Purchases............................................. $--0--

Equipment ........................................................ $903,198

Computer Charges ............................................... $8,302,843

Real Estate Rentals .............................................. $2,187,517

Telecommunications .............................................. $1,166,682

Per Diem, Fees and Contracts (JTPA) ............................ $69,792,752

Per Diem, Fees and Contracts ..................................... $3,020,853

W.I.N. Grants ...................................................... $--0--

Payments to State Treasury.................

$1,774,079

Capital Outlay ................................................... $1,013,125

Total Funds Budgeted .......................................... $161,528,142

State Funds Budgeted ...............

$7,170,026

Department of Labor Functional Budgets Total Funds

Executive Offices/Administrative Services

$ 27,869,860

Employment and Training Services

$ 133,658,282

Total

$ 161,528,142

State Funds $ 5,328,984 $ 1,841,042 $ 7,170,026

Section 29. Department of Law. Budget Unit: Department of Law.................................... $9,722,888 Personal Services................................................. $8,873,873 Regular Operating Expenses......................................... $504,005 Travel ............................................................ $102,540 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $26,136 Computer Charges ................................................. $342,637 Real Estate Rentals ................................................ $455,147 Telecommunications ................................................ $125,317 Per Diem, Fees and Contracts ........................................ $60,000 Books for State Library............................................. $140,000 Total Funds Budgeted ........................................... $10,629,655 State Funds Budgeted ............................................ $9,722,888

Section 30. Department of Medical Assistance. A. Budget Unit: Medicaid Services ................................ $1,156,210,298
Personal Services................................................ $13,372,230 Regular Operating Expenses....................................... $4,007,985 Travel ............................................................ $188,400 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $74,644 Computer Charges .............................................. $19,138,965 Real Estate Rentals ................................................ $885,000 Telecommunications ................................................ $425,000

MONDAY, MARCH 7, 1994

1377

Per Diem, Fees and Contracts .................................... $66,926,024

Medicaid Benefits, Penalties and Disallowances .................. $3,165,228,228

Audit Contracts .................................................... $772,500

SFY 1994 Medicaid Benefits, Penalties and Disallowances

$44,325,329

Total Funds Budgeted ......................................... $3,315,344,305

State Funds Budgeted ......................................... $1,156,210,298

Medical Assistance Functional Budgets Total Funds

Commissioner's Office

65,129,010

Benefits, Penalties and Disallowances

3,209,553,557

Community Services

958,808

Systems Management

20,821,786

Professional Services

4,385,009

Program Compliance

3,744,097

Maternal and Child Health

2,009,349

Financial and Hospital Reimbursement

1,547,749

Nursing Home Reimbursement

632,273

Nursing Home and Hospital Policy

6,562,667

Total

3,315,344,305

State Funds

$ 4,346,969

$ 1,137,503,068

$

355,524

$ 5,310,279

$ 2,042,589

$ 1,448,548

$

919,567

$

752,016

$

316,136

$ 3,215,602

$ 1,156,210,298

B. Budget Unit: Indigent Trust Fund Per Diem, Fees and Contracts Benefits ............................... Total Funds Budgeted .................. State Funds Budgeted ..................

$139,287,133 . $7,557,900 $358,962,316 $366,520,216 $139,287,133

Section 31. Merit System of Personnel Administration.

Budget Unit: Merit System of Personnel Administration.................. $--0--

Personal Services................................................. $7,746,276

Regular Operating Expenses....................................... $1,772,962

Travel ............................................................. $82,440

Equipment ......................................................... $32,625

Real Estate Rents .................................................. $917,345

Per Diem, Fees and Contracts

$136,502,980

Computer Charges

$3,290,473

Telecommunications

$261,965

Health Insurance Payments ..................................... $838,823,000

Total Funds Budgeted .......................................... $989,430,066

Other Agency Funds

$113,880

Agency Assessments ............................................. $10,107,595

Employee and Employer Contributions

$979,064,150

Deferred Compensation ............................................. $144,441

State Funds ........................................................ $--0--

Merit System Functional Budgets Total Funds

Commissioner's Office

$ 2,237,508

Applicant Services

$ 2,406,096

Classification and Compensation

$ 1,196,933

Flexible Benefits

$ 1,197,173

Employee Training and Development

$ 1,331,722

Health Insurance Administration

$ 34,910,504

State Funds

$

--0--

$

--0--

$

---0---

$

--0--

$

--0--

$

--0--

1378

JOURNAL OF THE SENATE

Health Insurance Claims Internal Administration Total

$ 943,205,397 $ 2,944,733 $ 989,430,066

Section 32. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources

$79,681,610

Operations Budget:

Personal Services................................................ $65,885,253

Regular Operating Expenses

$13,006,165

Travel ............................................................ $477,000

Motor Vehicle Purchases.......................................... $2,016,107

Equipment ...................................................... $2,219,450

Real Estate Rentals .............................................. $2,389,732

Per Diem, Fees and Contracts ..................................... $3,464,791

Computer Charges ............................................... $1,066,568

Telecommunications .............................................. $1,143,671

Authority Lease Rentals ............................................ $130,000

Advertising and Promotion.......................................... $150,000

Cost of Material for Resale

$2,590,000

Capital Outlay:

New Construction ................................................ $1,077,719

Repairs and Maintenance ......................................... $2,214,111

Land Acquisition Support........................................... $225,000

Wildlife Management Area Land Acquisition ......................... $800,000

Shop Stock - Parks ................................................ $350,000

User Fee Enhancements .......................................... $1,300,000

Buoy Maintenance .................................................. $35,000

Waterfowl Habitat .................................................. $--0--

Paving at State Parks and Historic Sites ............................. $500,000

Grants:

Land and Water Conservation ....................................... $800,000

Environmental Facilities ............................................. $--0--

National War Museum ............................................. $250,000

Recreation......................................................... $500,000

Contracts:

Georgia Special Olympics

$--0--

Technical Assistance Contract ....................................... $106,513

Corps of Engineers (Cold Water Creek State Park) .................... $170,047

Georgia Rural Water Association

$80,000

Georgia State Games Commission.................................... $185,725

U. S. Geological Survey for Ground Water Resources

$300,000

U. S. Geological Survey for Topographic Mapping

$--0--

Hazardous Waste Trust Fund

$8,918,534

Solid Waste Trust Fund .......................................... $5,363,868

Payments to Georgia Agricultural Exposition Authority

$2,323,167

Payments to Mclntosh County

$100,000

Georgia Boxing Commission ........................................... $7,000

Total Funds Budgeted .......................................... $120,145,421

Receipts from Jekyll Island State Park Authority

$887,210

Receipts from Stone Mountain Memorial Association

$3,804,148

Receipts from Lake Lanier Islands Development Authority

$3,362,900

Receipts from North Georgia Mountain Authority

$1,415,630

Indirect DOAS Funding

$200,000

State Funds Budgeted

$79,681,610

MONDAY, MARCH 7, 1994

1379

Department of Natural Resources Functional Budgets Total Funds

Internal Administration

6,853,412 $

Parks, Recreation and Historic Sites

39,092,417 $

Coastal Resources

2,360,974 $

Game and Fish

31,267,622 $

Environmental Protection

38,595,216 $

Pollution Prevention Program

1,975,780 $

Total

120,145,421 $

State Funds 6,853,412 13,739,588 2,244,724 26,909,749 29,000,210 933,927 79,681,610

B. Budget Unit: Georgia Agricultural Exposition Authority

$--0--

Personal Services................................................. $1,882,086

Regular Operating Expenses

$1,598,081

Travel ............................................................. $31,000

Motor Vehicle Purchases............................................. $18,000

Equipment ......................................................... $85,000

Computer Charges .................................................. $35,000

Real Estate Rentals ................................................. $--0--

Telecommunications ................................................. $36,000

Per Diem, Fees and Contracts ....................................... $625,000

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

Total Funds Budgeted ............................................ $4,310,167

State Funds Budgeted ............................................... $--0--

Functional Budget Total Funds

Georgia Agricultural Exposition Authority

$ 4,310,167

State Funds

$

-- 0--

Section 33. Department of Public Safety.

A. Budget Unit: Department of Public Safety ........................ $90,123,313

1. Operations Budget:

Personal Services................................................ $54,345,323

Regular Operating Expenses

...

$7,395,438

Travel ............................................................ $132,617

Motor Vehicle Purchases.......................................... $3,700,000

Equipment ........................................................ $563,325

Computer Charges ............................................... $4,047,061

Real Estate Rentals ................................................. $10,356

Telecommunications ................................................ $593,000

Per Diem, Fees and Contracts ....................................... $387,400

State Patrol Posts Repairs and Maintenance

$150,000

Capital Outlay ...................................................... $25,000

Total Funds Budgeted

$71,349,520

Indirect DOAS Service Funding

$1,650,000

State Funds Budgeted ........................................... $69,699,520

2. Driver Services Budget:

Personal Services................................................ $16,101,557

Regular Operating Expenses....................................... $1,840,988

Travel ............................................................. $25,800

Motor Vehicle Purchases............................................. $73,500

Equipment

$100,000

Computer Charges

$45,000

Real Estate Rentals ................................................. $61,058

Telecommunications ................................................ $619,000

Per Diem, Fees and Contracts ................................... $189,140

Capital Outlay

$--0--

1380

JOURNAL OF THE SENATE

Conviction Reports ........................ State Patrol Posts Repairs and Maintenance Driver License Processing Total Funds Budgeted ..................... Indirect DOAS Service Funding ... State Funds Budgeted

. . . . $290,000 $30,000
$1,047,750 $20,423,793 ..... $--0-- $20,423,793

Administration Driver Services Field Operations Total

Public Safety Functional Budgets Total Funds
$ 19,789,885 $ 20,423,793 $ 51,559,635 $ 91,773,313

State Funds 18,289,885 20,423,793 51,409,635 90,123,313

B. Budget Unit: Units Attached for Administrative Purposes Only 1. Attached Units Budget: Personal Services........................................... Regular Operating Expenses Travel .................................................... Motor Vehicle Purchases.................................... Equipment ................................................ Computer Charges ......................................... Real Estate Rentals ........................................ Telecommunications ........................................ Per Diem, Fees and Contracts Peace Officers Training Grants .............................. Capital Outlay ............................................. Total Funds Budgeted ......................................
State Funds Budgeted

$13,818,424
. . $7,028,572 $2,586,935
..... $87,970 . $68,500 $198,860
. . . . $235,708 . . . . $102,114
$144,490 $646,987 $3,518,370 . . . . . $--0-- $14,618,506 $13,523,506

2. Office of Highway Safety Budget: Personal Services........................................... Regular Operating Expenses Travel .................................................... Motor Vehicle Purchases.................................... Equipment ................................................ Computer Charges ......................................... Real Estate Rentals ........................................ Telecommunications Per Diem, Fees and Contracts ............................... Highway Safety Grants ..................................... Total Funds Budgeted ...................................... State Funds Budgeted ......................................

. $416,931 .... $28,450 ...... $9,828 ..... $--0-- ...... $3,168 . . . . . $37,080
$78,161 $3,800 ...... $7,500 $2,760,000 $3,344,918 . . . . $294,918

Attached Units Functional Budgets Total Funds

Office of Highway Safety

3,344,918

Georgia Peace Officers Standards and Training

5,444,100

Police Academy

1,035,163

Fire Academy

1,145,078

Georgia Firefighters Standards and Training Council

459,784

Georgia Public Safety Training Facility

6,534,381

Total

17,963,424

State Funds

$

294,918

$ 5,444,100

$

970,163

$ 1,045,078

$

459,784

$ 5,604,381

$ 13,818,424

MONDAY, MARCH 7, 1994

1381

Section 34. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System Payments to Employees' Retirement System Employer Contributions .................................. Total Funds Budgeted .................................... State Funds Budgeted

Section 35. Public Service Commission. Budget Unit: Public Service 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 ....................................

Public Service Commission Functional Budgets Total Funds

Administration

$ 1,657,023

Transportation

$ 3,498,344

Utilities

$ 4,936,400

Total

$ 10,091,767

Section 36. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs............................. Sponsored Operations
Special Funding Initiative................................. Office of Minority Business Enterprise Special Desegregation Programs Forestry Research ........................................ Research Consortium ..................................... Capital Outlay ........................................... Total Funds Budgeted Departmental Income Sponsored Income Other Funds ............................................. Indirect DOAS Services Funding State Funds Budgeted

B. Budget Unit: Regents Central Office and Other Organized Activities...............................................
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations

$9,640,000 $490,000
$9,150,000 $9,640,000 $9,640,000
. . . . $8,269,808 $6,632,449 $390,285 $256,756
... $216,200 ....... $36,174
$408,660 $348,489 ..... $114,754 $1,688,000 $10,091,767 $8,269,808
State Funds
1,657,023 1,848,555 4,764,230
8,269,808
$949,428,494
$1,021,538,824 $140,000,000
. . $255,384,706 $150,000,000 $10,688,094 $308,856
...... $338,725 ...... $319,747 . . . . $4,250,000 ....... $--0-- . $1,582,828,952
$40,000,000 $290,000,000 $300,373,158
$3,027,300 $949,428,494
$150,746,849
$241,246,182 $68,262,264
$124,696,484 $38,852,768

1382

JOURNAL OF THE SENATE

Fire Ant and Environmental Toxicology Research ............. Agricultural Research....................................... Advanced Technology Development Center Capitation Contracts for Family Practice Residency Residency Capitation Grants ................................ Student Preceptorships ..................................... Mercer Medical School Grant ............................... Morehouse School of Medicine Grant Capital Outlay ............................................. Center for Rehabilitation Technology SREB Payments ........................................... Medical Scholarships ....................................... Regents Opportunity Grants ................................ Regents Scholarships ....................................... Rental Payments to Georgia Military College ................. CRT Inc. Contract at Georgia Tech Research Institute ........ Direct Payments to the Georgia Public Telecommunications
Commission for Operations................................ Total Funds Budgeted ...................................... Departmental Income....................................... Sponsored Income .......................................... Other Funds ............................................... Indirect DOAS Services Funding ............................ State Funds Budgeted ......................................

Regents Central Office and Other Organized Activities Functional Budgets Total Funds

Marine Resources Extension Center

1,772,979

Skidaway Institute of Oceanography

3,746,131

Marine Institute

1,289,731

Georgia Tech Research Institute

126,865,582

Education Extension Services

8,406,046

Agricultural Experiment Station

51,647,446

Cooperative Extension Service

44,076,352

Medical College of Georgia Hospital and Clinics

224,572,601

Veterinary Medicine Experiment Station

2,516,193

Veterinary Medicine Teaching Hospital

2,758,376

Joint Board of Family Practice

22,082,249

Georgia Radiation Therapy Center

2,719,756

Athens and Tifton Veterinary Laboratories

2,857,032

Regents Central Office

17,749,577

Total

513,060,051

C. Budget Unit: Georgia Public Telecommunications Commission Personal Services.......................................... Operating Expenses ....................................... Total Funds Budgeted Other Funds .............................................. State Funds Budgeted .....................................

$--0-- $1,923,573 $1,845,158 $2,937,583 $2,484,870
$146,400 $6,244,350 $4,941,300
$332,090 $2,156,619 $5,960,000 $1,188,042
$600,000 $200,000 . $821,295 . $212,983
$8,008,090 $513,060,051 ..... $--0-- $106,039,476 $255,718,026
$555,700 $150,746,849
State Funds
1,236,191
1,415,242
889,008
12,512,506
2,379,846
33,348,793
26,517,995
29,593,977
2,516,193
607,087
22,082,249 --0--
--0--
17,647,762
150,746,849
..... $--0-- $7,027,593 $9,478,750 $16,506,343 $16,506,343
..... $--0--

MONDAY, MARCH 7, 1994

1383

D. Budget Unit: Lottery for Education .............................. $41,982,367

Equipment, Technology and Construction Trust Fund .............. $15,000,000

Capital Outlay - GPTV .......................................... $10,107,367

Georgia Research Alliance........................................ $14,875,000

Capital Outlay-Georgia State University

$2,000,000

Research Consortium ................................................ $--0--

Total Funds Budgeted ........................................... $41,982,367

Lottery Funds Budgeted ......................................... $41,982,367

Section 37. Department of Revenue. Budget Unit: Department of Revenue ............................... $85,310,120 Personal Services................................................ $54,214,828 Regular Operating Expenses....................................... $4,596,395 Travel .......................................................... $1,380,174 Motor Vehicle Purchases............................................ $246,000 Equipment ........................................................ $800,122 Computer Charges .............................................. $14,637,576 Real Estate Rentals .............................................. $2,832,804 Telecommunications .............................................. $1,114,537 Per Diem, Fees and Contracts ....................................... $558,524 County Tax Officials/Retirement and PICA ......................... $3,369,000 Grants to Counties/Appraisal Staff ................................... $--0-- Motor Vehicle Tags and Decals.................................... $2,745,955 Postage ......................................................... $3,496,176 Total Funds Budgeted ........................................... $89,992,091 Indirect DOAS Services Funding .................................. $3,755,000 State Funds Budgeted ........................................... $85,310,120

Department of Revenue Functional Budgets Total Funds

Departmental Administration

$ 6,622,293

Internal Administration

$ 11,348,127

Electronic Data Processing

$ 8,886,891

Field Services

$ 17,671,952

Income Tax Unit

$ 7,312,806

Motor Vehicle Unit

$ 18,559,391

Central Audit Unit

$ 7,034,530

Property Tax Unit

$ 4,286,212

Sales Tax Unit

$ 4,005,872

State Board of Equalization

$

46,000

Taxpayer Accounting

$ 4,218,017

Total

$ 89,992,091

State Funds

$ 6,622,293

$ 11,148,127

$ 8,071,691

$ 17,371,952

$ 6,612,806

$ 17,259,391

$ 7,034,530

$ 3,249,241

$ 3,676,072

$

46,000

$ 4,218,017

$ 85,310,120

Section 38. Secretary of State.

A. Budget Unit: Secretary of State .................................. $26,183,474

Personal Services................................................ $16,060,488

Regular Operating Expenses

$3,662,577

Travel ............................................................ $230,350

Motor Vehicle Purchases........................................... $111,000

Equipment ........................................................ $243,162

Computer Charges ............................................... $2,030,588

Real Estate Rentals .............................................. $2,484,990

Telecommunications ................................................ $368,304

Per Diem, Fees and Contracts ..................................... $1,337,015

Election Expenses .....................................

$700,000

1384

JOURNAL OF THE SENATE

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

Secretary of State Functional Budgets Total Funds

Internal Administration

$ 3,342,680

Archives and Records

$ 4,427,394

Business Services and Regulation

$ 4,751,435

Elections and Campaign Disclosure

$ 3,561,836

Drugs and Narcotics

$ 1,036,656

State Ethics Commission

$

449,254

State Examining Boards Total

$ 9,659,219 $ 27,228,474

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 $ 1,990,000

Section 39. Soil and Water Conservation Commission.

Budget Unit: Soil and Water Conservation Commission.

Personal Services..................................

Regular Operating Expenses

.....

Travel ...........................................

Motor Vehicle Purchases...........................

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

Computer Charges ................................

Real Estate Rentals ...............................

Telecommunications ...............................

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

County Conservation Grants .......................

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

State Funds Budgeted .............................

Section 40. Student Finance Commission. A. Budget Unit: Student Finance Commission ..........
Personal Services Regular Operating Expenses........................ Travel ........................................... Motor Vehicle Purchases........................... Equipment ....................................... Computer Charges ................................ Real Estate Rentals ...............................

. $27,228,474 . $26,183,474
State Funds
3,312,680
4,352,394
4,035,435
3,541,836
982,656
449,254
9,509,219
26,183,474
. $1,990,000 . . $1,126,200
. $155,100 ...... $16,000 ...... $23,000 ....... $8,000
. $400,000 . $113,700
$30,000 ... $118,000
$1,990,000 $1,990,000
Cost of Operations
2,030,000
$1,583,008 $995,900 $233,414
...... $40,520 ...... $24,000 ...... $12,115
$7,500 ...... $78,865
$22,000 $731,350 ...... $--0-- $2,145,664 $1,583,008
$27,263,651 $4,789,333
$399,051 ...... $81,800 ...... $--0-- ...... $16,000
$371,000 $24,763

MONDAY, MARCH 7, 1994

1385

Telecommunications ........................... Per Diem, Fees and Contracts .................. Payment of Interest and Fees .................. Guaranteed Educational Loans ................. Tuition Equalization Grants.................... Student Incentive Grants ...................... Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants Osteopathic Medical Loans..................... Georgia Military Scholarship Grants Paul Douglas Teacher Scholarship Loans ........ Total Funds Budgeted ......................... State Funds Budgeted .........................

. . $142,000 ..... $42,757 ... $--0--
$4,076,000 $18,840,166 $5,003,940
$38,000 . . . . . $75,000
$160,000 . . . . $593,600 . . . . $425,000
$35,078,410 . $27,263,651

Georgia Student Finance Commission Functional Budgets Total Funds

Internal Administration Higher Educational Assistance Corporation

5,342,017 --0--

Georgia Student Finance Authority

29,211,706

Georgia Nonpublic Postsecondary Education Commission

524,687

Total

35,078,410

State Funds --0-- --0--
26,738,964
524,687 27,263,651

B. Budget Unit: Lottery for Education ......

Hope Financial Aid - Tuition ...........

Hope Financial Aid - Books .............

Hope Financial Aid - Fees ..............

Tuition Equalization Grants.............

Georgia Military College Scholarship .

LEPD Scholarship .....................

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

Lottery Funds Budgeted

...

$88,288,601 $48,994,747 $22,734,150 $4,656,704 $11,563,000 . . $240,000
$100,000 $88,288,601 $88,288,601

Section 41. Teachers' Retirement System. Budget Unit: Teachers' Retirement System Personal Services....................... Regular Operating Expenses............. Travel ................................ Motor Vehicle Purchases................ Equipment ............................ Computer Charges ..................... Real Estate Rentals .................... Telecommunications .................... Per Diem, Fees and Contracts ........... Retirement System Members ............ Floor Fund for Local Retirement Systems Total Funds Budgeted State Funds Budgeted

$3,925,000 $3,668,086
$365,250 . $30,000 . . $--0--
$24,150 . . $967,136
$469,750 $68,893 . . $376,000 $3,400,000 $525,000 $9,894,265 $3,925,000

Section 42. Department of Technical and Adult Education.

A. Budget Unit: Department of Technical and Adult Education

$138,337,642

Personal Services................................................. $3,623,425

Regular Operating Expenses......................................... $371,335

Travel ........................................................... $110,500

Motor Vehicle Purchases............................................. $--0--

Equipment ......................................................... $15,000

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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
Administration
Institutional Programs
Total

Total Funds 5,723,480
163,281,240 169,004,720

B. Budget Unit: Lottery for Education......................... Computer Laboratories and Satellite Dishes - Adult Literacy Capital Outlay - Technical Institute Satellite Facilities Equipment-Technical Institutes ............................ Total Funds Budgeted ..................................... Lottery Funds Budgeted ...................................

Section 43. Department of Transportation. Budget Unit: Department of Transportation ................... Personal Services.......................................... Regular Operating Expenses................................ Travel ................................................... Motor Vehicle Purchases................................... Equipment ............................................... Computer Charges ........................................ Real Estate Rentals ....................................... Telecommunications ....................................... Per Diem, Fees and Contracts .............................. Capital Outlay ............................................ Capital Outlay - Airport Approach Aid and Operational Improvements .......................................... Capital Outlay - Airport Development Mass Transit Grants ...................................... Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations ......................................... Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction .....................................
Total Funds Budgeted State Funds Budgeted .....................................

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction

$ 759,892,740

Maintenance and Betterments

$ 196,819,300

Facilities and Equipment Administration

$ 12,062,562 23,126,927

... $406,730 . $334,490 $158,000
. . . . $704,000 . $95,593,801
$19,839,284 ..... $--0--
$6,441,910 $24,067,445 $2,668,900 $14,669,900 $169,004,720 $138,337,642
State Funds
3,915,685
134,421,957
138,337,642
$12,202,330 $1,000,000 $9,202,330 $2,000,000 . $12,202,330 $12,202,330
$450,894,978 $244,643,425 $55,888,851
$1,494,910 $1,522,000 . . $5,757,602 $6,077,860 $1,334,773 $2,503,900 . $47,504,677 $628,498,885
$1,024,100 . $1,167,500
$9,463,781
$680,000
....... $--0-- $1,007,562,264
$450,894,978
State Funds
$ 224,366,211
$ 185,619,300 $ 11,512,562
$ 22,501,927

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Total

$ 991,901,529 $ 444,000,000

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--

$ 1,395,402

$ 13,585,333

$

680,000

$ 15,660,735

State Funds

$

--0--

$ 1,008,402

$ 5,206,576

$

680,000

$ 8,894,978

Section 44. Department of Veterans Service.

Budget Unit: Department of Veterans Service ....................... $23,084,407

Personal Services ................................................ $4,640,467

Regular Operating Expenses......................................... $115,123

Travel ............................................................. $74,200

Motor Vehicle Purchases............................................. $--0--

Equipment ........................................................ $183,700

Computer Charges .................................................. $11,753

Real Estate Rentals ................................................ $238,641

Telecommunications ................................................. $57,883

Per Diem, Fees and Contracts ........................................ $23,500

Operating Expense/Payments to Central State Hospital

$17,179,635

Operating Expense/Payments to Medical College of Georgia

$6,730,171

Regular Operating Expenses for Projects and Insurance

$325,825

Total Funds Budgeted ........................................... $29,580,898

State Funds Budgeted ........................................... $23,084,407

Veterans Service Functional Budgets Total Funds

State Funds

Veterans Assistance

$ 5,265,867 $ 4,995,258

Veterans Home and Nursing Facility Millegeville

$ 17,516,260 $ 13,215,790

Veterans Nursing Home - Augusta

$ 6,798,771 $ 4,873,359

Total

$ 29,580,898 $ 23,084,407

Section 45. Workers' Compensation Board.

Budget Unit: Workers' Compensation Board.......................... $9,945,417

Personal Services................................................. $7,171,638

Regular Operating Expenses

$310,600

Travel ............................................................. $56,400

Motor Vehicle Purchases............................................. $--0--

Equipment ......................................................... $20,250

Computer Charges

$450,000

Real Estate Rentals .............................................. $1,013,996

Telecommunications ................................................ $109,190

Per Diem, Fees and Contracts ....................................... $255,000

Payments to State Treasury......................................... $748,343

Total Funds Budgeted ........................................... $10,135,417

State Funds Budgeted ............................................ $9,945,417

Section 46. State of Georgia General Obligation Debt Sinking Fund.

A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund

State General Funds (Issued)

$307,500,933

Motor Fuel Tax Funds (Issued)

$61,000,000

368,500,933

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B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) ...................................... $36,622,170 Motor Fuel Tax Funds (New) .................................... . . . . $--0--
36,622,170
Section 47. 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 (decisions) 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 48. 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 employees of the Court.
Section 49. 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 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 attend the Judicial College.
Section 50. 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 51. Provisions Relative to Section 7, Institute of Continuing Judicial Education. 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 52. 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 Reporting 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 53. Provisions Relative to Section 12, 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 implementation 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 Planning and Budget.
Section 54. Provisions Relative to Section 14, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $85,000 is designated and committed for youth programs and activities.

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It is the intent of this General Assembly that the Department of Agriculture determine the feasibility of relocating the MLK laboratories.

Section 55. Provisions Relative to Section 17, Department of Community Affairs. Provided, 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 emergencytype water and sewer projects.

Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of Port Wentworth Mitchell County Cobb County Board of
Education City of Glenville Brantley County Bacon County City of Swainsboro City of Quitman City of Thomaston Floyd County City of Lagrange Liberty County City of Auburn City of Macon Wayne County City of Odum City of Buford Americus City Board of
Education City of Stone Mountain City of Guyton Turner County Muscogee County Muscogee County Muscogee County
Rabun County Rabun County White County Cobb County Lanier County Board
of Education City of Augusta Wayne County City of Canon City of Menlo Georgia Building
Authority Chatham County City of Atlanta
Houston County

Repairs to Firehouse Contract for Economic Growth Study Construction of Physical Education Facility
Expansion of Continuing Education Facility Courthouse Renovations Courthouse Renovations Historic District Renovations Historical Library Facility Renovation Preservation of Robert E. Lee Institute Modifications to Sarah Hightower Regional Library Renovation of Alpha Multi-Purpose Center Historic Trail Preservation Construction of Recreational Facility Program for Youth Athletics Purchase of Rescue Unit Water and Sewer System Improvements Construction of Utility Line Planning for School Merger
Commission on Holocaust Purchase of Vehicle Construction of Recreational Facility Operation of Two Thousand Opportunities Inc. Operation of Lindsey Creek Community Center Operation of Combined Communities of Southeast Columbus Construction of Public Safety Facility Renovation of Headstart Facility Robertstown Water System Construction Preservation of Historical William Root House Renovation of Education Facility
Renovation of Historic Ezekiel Harris Home Motherhood and Beyond Project Water System Repairs Water System Improvements Capitol Preservation
Planning for the Maritime Trade Center Public Access and Teacher Education Program at Clark Atlanta University Expansion and Operation of Aviation Museum and Hall of Fame

$ 25,000 7,000
50,000 25,000 22,000 25,000 25,000 25,000 25,000 15,000 40,000 15,000 15,000 10,000 10,000 15,000 50,000
25,000 10,000 13,300 10,000 50,000
3,000
25,000 50,000 15,000 25,000 25,000
40,000 50,000 15,000 20,000 20,000
50,000 550,000
250,000
913,000

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Bibb County City of Clarkston City of Stapleton Columbia County City of Rome Columbia County
Board of Education City of Pearson Harris County Talbot County Liberty County City of Darien City of Marshallville Burke County Screven County Screven County City of Macon
Glynn County

Purchase of Land Community Development Center Operations Volunteer Fire Department Facility Volunteer Fire Department Operations Camp Good Times Operation Renovations to Evans Middle School
Renovations to City Hall Purchase of Sanitation Truck Preservation of Historic Records National Guard Operation Purchase of Sanitation Truck Preservation of Historic District Operation of Boggs Rural Life Center Repairs to Livestock Facility Repairs to Fire Station Operation of Booker T. Washington Community
Center Youth Programs Parent and Child Development Inc. Operations

200,000 30,000 10,000 10,000 15,000
10,000 40,000 40,000 10,000 10,000 40,000 5,000 50,000 5,000 10,000
10,000 10,000

Section 56. Provisions Relative to Section 18, Department of Corrections. It is the intent of this General Assembly that chaplains, teachers and librarians be employed by contract for all correctional institutions opened after July 1, 1991 when possible.
Provided, that the Department shall require the same qualifications for contract chaplains as that for classified merit system positions with the same job duties.
Section 57. Provisions Relative to Section 20, State Board of Education-Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,689.75. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 20, 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 1995.
From the Appropriations in Section 20, 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 Education. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction 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 1995 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 Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each

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anticipated member system to contribute at least the same equivalent amount during SFY 1995 that it contributed during SFY 1994.
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 intended 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 graduates from accredited high schools in Georgia with minimum full-time equivalent (FTE) counts in grades 9 through 12 as noted: high schools with 150 or more FTE count, the valedictorian, salutatorian and Star Student; high schools with 100 to 149 FTE count, the valedictorian and Star Student; high schools with 50 to 99 FTE count, the valedictorian.
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 working 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 kindergarten, first and second 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 computer software only.
Section 58. Provisions Relative to Section 22, 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 compilation, publication and distribution of the Georgia Forestry Magazine and WoodUsing Industries in Georgia publications.
Section 59. Provisions Relative to Section 24, Office of the Governor. The Governor's Office of Planning and Budget shall give prior approval for all publications, other than Departmental internal forms.
Section 60. Provisions Relative to Section 25, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with

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Dependent 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 application; 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 insurance, whichever is less, to treat this disease.
The Department is authorized to utilize troubled children's benefits to expand community placements in order to secure additional federal Medicaid funding.
It is the intent of this General Assembly that federal funds be utilized to expand selected 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 1995 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 physically 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 providers for children placed by the department.
Child day care as provided by the federal Child Care Bill.
Provided, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible individuals with mental retardation to be served in the least restrictive community setting possible in lieu of a state mental retardation hospital and that existing funds appropriated herein for mental retardation hospitals be utilized in serving any mental retardation client who is moved from a state mental retardation hospital to a community setting.
Provided, the department is authorized to transfer Personal Services surpluses, not to exceed $275,000 at each of the MH/MR/SA institutions to insure sufficient funding for agency contracted nursing services. Such transfers shall not require prior budgetary approval.
In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional federal VR110 funds for capital outlay projects at Roosevelt Warm Springs Institute for Rehabilitation for use by handicapped citizens. Necessary matching funds will be provided within existing budget and with donated funds.

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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 assistance allocation, the Department is authorized to expend these new funds on implementing 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.
The Department of Human Resources is authorized to use existing funds to provide partial funding to contract 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 33 mentally retarded clients from hospitals to community residential settings.
The Department of Human Resources is hereby directed to coordinate continued development of the Social Services Network computer system with the Department of Administrative Services.
The Department of Human Resources is directed 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.
Provided, that of the above appropriation for psychotropic drugs, these funds may be transferred among the MH/MR/SA institution and community programs as needed for the benefit of clients who receive these drugs. Such transfers shall not require prior budgetary approval.
It is the intent of the General Assembly that no funds in the Family Planning Public Health functional budget of the Department of Human Resources be used for payment of dues to any national organization by any provider contracting with the department. It is further the intent of the General Assembly that no such funds be used for the provision of or promotion of abortion services as a method of family planning.
Section 61. Provisions Relative to Section 29, Law Department. Provided, the department is authorized to use other funds for the use of upgrading computer systems.
Section 62. Provisions Relative to Section 30, 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 pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid.
The Department is authorized to use existing funds for coverage of Occupational Therapy 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 63. Provisions Relative to Section 31, Merit System of Personnel

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Administration. The Department is authorized to assess no more than $171.50 per merit system budgeted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SPY 1995 shall not exceed 12.5%.
It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SPY 1995 shall not exceed 8.66%.
Section 64. Provisions Relative to Section 32, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 32 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 32.
Provided that the funds appropriated herein for Historic Preservation Technical Assistance be distributed among qualified agencies for professional regional preservation planning services.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess 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 65. Provisions Relative to Section 33, Department of Public Safety. It is the intent of this General Assembly that the issuance of unmarked cars shall be made in accordance with the Rules and Regulations issued by the Commissioner of Public Safety.
It is the intent of this General Assembly that from the funding appropriated for the expansion of Driver Services, no funds may be expended for the purchase of license-issuance buses or the training of license examiners after initial training.
Section 66. Provisions Relative to Section 36, 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, $3,750,000 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, $15,000,000 is appropriated to establish an Equipment, Technology and Construction Trust Fund. Additionally, $14,950,000 shall be used to match public and private grants to public colleges and universities. Provided, however that the Board of Regents may use the funds generated by all the system institutions to satisfy the match requirement. The Board of Regents shall allocate $3,000,000 for educational and agricultural purposes to activities that comprise Budget Unit "B"--Regents Central Office and Other Organized Activities.
Section 67. Provisions Relative to Section 38, 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 42, Department of Technical and Adult Education. None of the State funds appropriated in Section 42 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 committed solely for Board Member Training.
Provided, the department is directed to conduct a study to determine the feasibility of establishing a Construction Trade program in Appling County.
Section 69. Provisions Relative to Section 43, Department of Transportation. For this

MONDAY, MARCH 7, 1994

1395

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 authorization 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 Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional 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 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 43 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 separately 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 upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing/selling department-owned aircraft facilities may be retained for use in the department's aviation program.
i.) The Department is authorized to amend its Travel Line Item with Agency Funds and other income as needed to accomplish its Transportation program responsibilities.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the further intent of this General Assembly that of the $505,000,000 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assistance 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.
It is the intent of the General Assembly that the Department of Transportation design Highway 441 in Rabun County without limited access and without a divided median.
Section 70. In addition to all other appropriations for the State fiscal year ending June

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30, 1994, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,291,000 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 ($8,171,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 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 appropriations in this Act shall procure and utilize only the most economical and costeffective 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 provisions 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 compliance with the intent of this General Assembly.
Section 73. To the extent to which Federal funds become available in amounts in excess 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 effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted 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 instances 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

MONDAY, MARCH 7, 1994

1397

contractor 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 maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 75. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 76. No State appropriations authorized under this Act shall be used to continue 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 appropriated 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 department, 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 recommendations 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 subject 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 whatsoever 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 expenditures 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 properly 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 common object class are authorized. However, the total expenditure for the group may not exceed 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 administration of the annual operating budget.
Section 79. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or

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combination 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 approval 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 Functional 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 reappropriated 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 46 State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.

A.) Maturities not to exceed two hundred forty months. Principal Amount

Debt Service

Design, Site Work and Construction of Parking Deck

$ 27,440,000 $ 2,551,920

Renovation of the Kitchen at Central State Hospital

3,730,000

346,890

Construction of Public Libraries

960,000

89,280

Major Repairs and Renovation at Abraham Baldwin Agricultural College

1,325,000

123,225

Planning and Design of Board of Regents Facilities

3,125,000

290,625

Land Acquisition, Equipment and Construction of Testing Facility in Tifton

500,000

46,500

Construction and Equipment for Multipurpose Building at Albany Tech

4,065,000

378,045

Construction of Academic/Classroom Building at Athens Tech

4,355,000

405,015

Construction of an Applied Manufacturing Technology Building at Augusta Tech

620,000

57,660

Construction of a Library at Columbus Tech

5,200,000

483,600

Construction of Classroom at Lanier Tech in Oakwood

4,065,000

378,045

Construction of a Multipurpose Building at Okefenokee Tech in Waycross

3,025,000

281,325

Construction of a Multipurpose Building at Valdosta Tech

7,640,000

710,520

Construction of a Library/Lecture Hall at Walker Tech in Rock Spring

4,740,000

440,820

Construction of a Visitor Center at Tallulah Gorge in Habersham and Rabun Counties

1,500,000

139,500

Construction of a Camping Area at Richard B. Russell State Park

250,000

23,250

MONDAY, MARCH 7, 1994

1399

Construction of an Interpretive Center for Sapelo Island
Pool Restoration at Warm Springs
Phase I Construction of Golf Course at Laura S. Walker State Park
Governor's Road Improvement Program
On-System Resurfacing and Rehabilitation Program and Matching Funds for the Federal Surface Transportation Program
Dike Construction and Protection at the Savannah Harbor
Governor's Preservation 2000 Land Acquisition Program
Construction of a Multipurpose Building at the Augusta YDC
Construction of Cottage at Lorenzo Benn YDC
Major Renovations and Repairs at State Parks
Construction of a Parking Facility on Butler St.
Purchase a Parking Facility in Downtown Atlanta
Acquisition of a Facility to House Public Safety
Cost Over-Runs at Technical Institutes
Construction of Correctional Institution in Muscogee County
Sports Hall of Fame Project
Acquisition of Rhine to Rochelle and Rochelle to Cordele Rail Corridors
Construction of Regional Youth Detention Center in Savannah
Construction of Regional Youth Detention Center in Cobb County
B.) Maturities not to exceed sixty months.
Purchase of Vocational Equipment for New High Schools
Repairs and Renovations of Technical and Adult Facilities
Purchase of Equipment for the Governor's Traditional Industries Competitiveness Initiative
Design a New Facility for the Fulton RYDC
Replacement of HVAC Systems at Department of Children and Youth Services' Facilities

400,000 $ 500,000

37,200 46,500

2,500,000 128,000,000

232,500 11,904,000

61,000,000 6,750,000 20,000,000 2,065,000
955,000 6,000,000 12,750,000 4,000,000 3,700,000 2,298,000 7,500,000 6,500,000 1,150,000 2,233,000
474,000

5,673,000 627,750
1,860,000 192,045 88,815 558,000
1,185,750 372,000 344,100 213,714 697,500 604,500 106,950 207,669 44,082

6,000,000 1,000,000
3,075,000 620,000
445,000

1,386,000 231,000
710,325 143,220
102,795

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JOURNAL OP THE SENATE

Renovations, Upgrades and Replacement Projects at Department of Human Resources Facilities

$

530,000 $

122,430

Planning and Design of a Public Health Laboratory

465,000

107,415

Minor Construction and Repair Projects at Correctional Facilities Statewide

1,000,000

231,000

Planning for Phase III Construction at Lee Arrendale Correctional Institution

390,000

90,090

Planning for the Expansion of Ancillary Services at Coastal Correctional Institution

200,000

46,200

Planning for the Replacement and Expansion of the Rome and Atlanta Diversion Centers

80,000

18,480

Planning for Capital Enhancements to the Food and Farm Program

70,000

16,170

Repairs and Renovations at the Atlanta Farmers' Market and the Seasonal Farmers' Markets Statewide

1,000,000

231,000

Construction and Equipment for four Poultry Diagnostic Labs

720,000

166,320

Retro-Fit Major HVAC Systems

900,000

207,900

Purchase Computer Hardware and Software for Development of a Motor Voter Registration System

4,630,000

1,069,530

Section 82. Salary Adjustments. In addition to all other appropriations, there is hereby appropriated $215,370,838 for the following purposes: 1.) To provide an increase of 4% for employees of the Judicial, Legislative and Executive branches to be awarded on each employee's anniversary date. Increases are contingent on an employee's performance rating of satisfactory of better. 2.) To provide for a 4% increase for each state official whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4. Members of the General Assembly are excluded. 3.) To provide for a 5% increase in state base salary on the teacher salary schedule for the State Board of Education and the Board of Technical and Adult Education effective September 1, 1994 and provide a 4% increase for school bus drivers and lunchroom workers effective July 1, 1994. 4.) To provide a 5% funding level for merit increases for Regents faculty and support personnel to be awarded on July 1, 1994 for nonacademic personnel and on September 1, 1994 for academic personnel. 5.) To reassign the following job classes by one paygrade and provide a one-step increase to incumbents of all positions in these classes: Special Agent, Senior Agent, Principal Agent, Assistant Agent-inCharge, Special Agent-in-Charge, Inspector, Assistant Deputy Director, Trooper Cadet, Trooper, Trooper First Class, Corporal, Sergeant, Lieutenant, Captain, Sergeant First Class (Post Commander), Sergeant (Assistant Post Commander), Conservation Ranger Cadet, Conservation Ranger, Conservation Ranger First Class, Conservation Corporal, Conservation Sergeant, Conservation Captain, Revenue Enforcement Officer, Revenue Corporal, Revenue Sergeant, Revenue Lieutenant, Revenue Captain. 6.) To increase the monthly supplement earned by Squad Leaders, Assistant Squad Leaders and members of the Department of Corrections Tactical Squads by $30. 7.) To reassign all classes in the Registered Nurse series by two paygrades and all classes in the Licensed Practical Nurse series by one paygrade and provide a one-step increase to incumbents of all positions in these classes. 8.) To increase Personal Services funding in the Department of Law to provide for performance-based salary upgrades. 9.) To provide for a 4% salary increase for personnel appointed pursuant to Chapter 18 of Title 15 of the Official Code of Georgia relating to district attorneys.

MONDAY, MARCH 7, 1994

1401

Section 83. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1995 ...............................

$9,775,460,431

Section 84. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 85. All laws and parts of laws in conflict with this Act are repealed.

Senators Starr of the 44th, Perdue of the 18th, Coleman of the 1st and others offered the following amendment:

Amend the Senate Committee on Appropriations substitute to HB 1375 by adding at the end of line 13 of page 65 the following:

"It is further the intent of the General Assembly that no such funds be used for the payment of any salary, compensation, or expenses of any agent or employee of a contracting provider if the agent or employee engages in any lobbying activities."

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 Blitch Boshears Bowen Burton Cheeks Clay Coleman Crotts Day Dean

Edge Egan Gillis Gochenour Guhl Hemmer Huggins Isakson Kemp Langford of 29th Madden

McGuire Newbill Perdue Ragan of llth Ragan of 32nd Ralston Starr Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Abernathy Balfour Baugh Brown of 26th Farrow Harbison

Henson Hooks Marable Middleton Oliver Pollard

Ray Robinson Scott Slotin Walker

Those not voting were Senators:

Broun of 46th (excused) Hill

conferee)

Langford of 35th (excused)

Glanton

Parrish Thomas

On the adoption of the amendment, the yeas were 33, nays 17, and the Starr et al. amendment to the committee substitute was adopted.
Senators Day of the 48th, Edge of the 28th, Newbill of the 56th et al. offered the following amendment:
Amend the Senate Committee on Appropriations substitute to HB 1375 by inserting immediately following line 35 on page 66 the following:
"Provided, that no funds appropriated herein shall be expended for the implementation of a centralized system of automobile emissions inspection stations which would result in

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JOURNAL OF THE SENATE

one or more persons, firms, or corporations being granted a virtual monopoly for providing inspections in one or more geographical areas. The General Assembly is cognizant of the fact that any such destruction of competition would inevitably result in greater cost and inconvenience to the citizens of this state through longer lines, fewer inspection stations, and increased fees."
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 Boshears Broun of 46th Burton Clay Crotts Day

Edge Egan Glanton Gochenour Guhl Hemmer Henson Isakson Langford of 29th

Madden McGuire Newbill Ragan of 32nd Ralston Slotin Thompson Tysinger

Those voting in the negative were Senators:

Abernathy Baugh Bowen
Brown of 26th Cheeks Coleman Dean Farrow Gillis Harbison

Hill Hooks Huggins
Kemp Marable Middleton Oliver Perdue Pollard

Ragan of llth Ray Robinson
Scott Starr Taylor Thomas Turner Walker

Not voting were Senators Langford of 35th (excused) and Parrish.

On the adoption of the amendment, the yeas were 26, nays 28, and the Day et al. amendment to the committee substitute was lost.
Senator Edge of the 28th moved that the Senate reconsider its action in defeating the amendment offered by Senator Day of the 48th to the committee substitute to HB 1375.
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 Burton Clay Crotts Day Edge

Egan Glanton Gochenour Guhl Hemmer Henson Huggins Isakson Langford of 29th

Madden McGuire Newbill Ragan of 32nd Ralston Slotin Thompson Tysinger

Those voting in the negative were Senators:

Abernathy Baugh

Bowen Broun of 46th

Brown of 26th Cheeks

MONDAY, MARCH 7, 1994

1403

Coleman Dean Fa,rrow
GTrTliallrl,Sbi. son Hill Hooks Kemp

Marable Middleton Oliver
TP> erdj ue Pollard Ragan of llth Ray

Robinson Scott Starr
rTnayl, or Thomas Turner Walker

Not voting were Senators Langford of 35th (excused) and Parrish.

On the motion, the yeas were 26, nays 28, and the motion was lost.
Senators Glanton of the 34th, Gochenour of the 27th and Edge of the 28th offered the following amendment:
Amend the Senate committee substitute to HB 1375 by striking line 31 of page 67 and inserting the following:
"Organized Activities.
Provided, that it is the further intent of the General Assembly that no funds appropriated to the Board of Regents, University System of Georgia, under any budget unit be used for producing, printing or airing of nudity or pornography."
Senators Glanton of the 34th and Isakson of the 21st offered the following amendment to the Glanton et al. amendment:
Amend the Glanton et al. amendment to the committee substitute to HB 1375 by deleting on line 10 of the amendment the words "nudity or"

On the adoption of the amendment, the yeas were 43, nays 4, and the Glanton and Isakson amendment to the Glanton et al. amendment was adopted.
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 o OWe" , v Broun of 46th Burton CClhaeyeks
Coleman Crotts
Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Hill HHuogokgsins
Isakson Kemp
Langford of 29th Madden Marable McGuire

Middleton Newbill Perdue Pollard Ragan of llth R of 32nd ^ ,, ,,Rb.mson
bcott slotln
Starr Thompson Turner Tysinger

Those voting in the negative were Senators:

Abernathy Brown of 26th Henson

Oliver Taylor

Thomas Walker

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JOURNAL OF THE SENATE

Not voting were Senators Langford of 35th (excused) and Parrish.

On the adoption of the amendment, the yeas were 47, nays 7, and the Glanton et al. amendment to the committee substitute was adopted as amended.

Senators Edge of the 28th, McGuire of the 30th, Gochenour of the 27th and others offered the following amendment:

Amend the Senate Committee Substitute to HB 1375 by adding to the state funds budgeted for the State Board of Education - Department of Education in Section 20B relating to State Fiscal Year 1995 the figure $10,107,367 and by increasing object classes as listed below:

Object Classes

Model Technology Schools Grants

$ 10,107,367

By adding at the end of Section 57 a new paragraph to read as follows:

"The funds appropriated for Model Technology Schools Grants shall be administered in conformity with the 'Fair and Open Grants Act of 1993,' Code Sections 28-5-120 through 28-5-126, and in addition shall specifically be administered as follows: (1) The Department of Education and the Office of Planning and Budget shall jointly develop criteria identifying educational institutions, facilities, and entities which are eligible to apply for such grants and specifying the methods by which applications for such grants shall be ranked for awarding of grants; and (2) All educational institutions, facilities, and entities eligible to apply for such grants shall be notified of the opportunity to apply for such grants."

And by removing from the State funds budgeted for the Board of Regents, University System of Georgia in Section 36D relating to State Fiscal Year 1995 the figure $10,107,367 and by decreasing object classes as listed below:

Object Classes

Capital Outlay - GPTV

$(10,107,367)

To reduce $10,107,367 for the construction of a new Georgia Public Telecommunications Commission production and office facility.

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

Those voting in the affirmative were Senators:

Alien Balfour Boshears Burton Clay Crotts

Day Edge Glanton Gochenour Guhl Isakson

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

Those voting in the negative were Senators:

Abernathy Baugh Blitch Bowen Broun of 46th Brown of 26th Cheeks Coleman

Dean Egan Farrow Gillis Harbison Hemmer Henson Hill

Hooks Huggins Kemp Madden Marable Middleton Oliver Perdue

MONDAY, MARCH 7, 1994

1405

Pollard Ragan of llth Ray Robinson

Scott Slotin Starr Taylor

Thomas Thompson Turner Walker

Not voting were Senators Langford of 35th (excused) and Parrish.

On the adoption of the amendment, the yeas were 18, nays 36, and the Edge et al. amendment to the committee substitute was lost.

Senators Isakson of the 21st, Edge of the 28th, Crotts of the 17th and others offered the following amendment:

Amend the Committee Substitute to H.B. 1375 by adding the State funds budgeted for the Department of Audits relating to State Fiscal Year 1995 the figure $417,720 and by increasing object classes as listed below:

Object Classes

Personal Services Regular Operating Expenses Travel Per Diem, Fees and Contracts Computer Charges Telecommunications

$ 315,590 $ 10,827 $ 3,333 $ 50,000 $ 30,990 $ 6,980

And by removing from the State funds budgeted for the Department of Agriculture Budget Unit on Page 9, line 15 in Section 14, relating to State Fiscal Year 1995 the figure $417,720 and by decreasing object classes as listed below:

Object Classes

Market Bulletin Postage

$ (417,720)

Directing the Department of Agriculture to recover this reduction by allowing the sales of advertising space in the Market Bulletin to retail establishments.

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
P, Crotts Day

Edge Egan
Glanton Gochenour Guhl

Isakson McGuire
Newbill Ragan of 32nd Tysinger

Those voting in the negative were Senators:

Abernathy Baugh Blitch Bowen Broun of 46th Brown of 26th Cheeks Coleman Dean Farrow

Gillis Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Madden

Marable Middleton Oliver Parrish Perdue Pollard Ragan of llth Ralston Ray Robinson

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JOURNAL OF THE SENATE

Scott Slotin Starr

Taylor Thomas Thompson

Turner Walker

Not voting were Senators Boshears and Langford of 35th (excused).

On the adoption of the amendment, the yeas were 16, nays 38, and the Isakson et al. amendment to the committee substitute was lost.

Senators Clay of the 37th, Newbill of the 56th, Edge of the 28th and Isakson of the 21st offered the following amendment:

Amend Committee Substitute to H.B. 1375 by removing from the State funds budgeted for the Department of Education, Budget Unit A, Section 20, relating to State Fiscal Year 1995 the figure $700,000 and by decreasing object classes as listed below:

Object Classes

Computer Charges

$ (700,000)

And by removing from the State funds budgeted for the Department of Education, Budget Unit A, Section 20, relating to State Fiscal Year 1995 the figure $300,000 and by decreasing object classes as listed below:

Object Classes

Youth Apprenticeship Grants

$ (300,000)

By adding to the State funds budgeted for the Department of Education, Budget Unit A, Section 20, relating to State Fiscal Year 1995 the figure $1,000,000 and by adding object classes as listed below:

Object Classes

Pay for Performance

$ 1,000,000

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
QI Crotts Day

Edge Egan
Glanton Gochenour Guhl Hemmer

Isakson McGuire
Newbill Ragan of 32nd Ralston Tysinger

Those voting in the negative were Senators:

Abernathy Baugh Blitch Bowen 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 Pollard Ragan of llth Ray Robinson Scott Slotin

MONDAY, MARCH 7, 1994

1407

Starr Taylor

Thomas Thompson

Turner Walker

Not voting was Senator Langford of 35th (excused).

On the adoption of the amendment, the yeas were 19, nays 36, and the Clay et al. amendment to the committee substitute was lost.

Senator Crotts of the 17th offered the following amendment:

Amend Committee Substitute to H.B. 1375 removing from the State funds budgeted for the Forestry Commission in Section 22 relating to State Fiscal Year 1995 the figure $30,000 and by decreasing object classes as listed below:

Object Classes

Regular Operating Expenses

$ 30,000

And by adding to the State funds budgeted for the Human Resources "A" in Section 25 relating to State Fiscal Year 1995 the figure 30,000 and by increasing object classes as listed below:

Object Classes

Special Purpose Contracts

$ 30,000

For CASA programs in Newton, Rockdale and Walton Counties.

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 Crotts Day

Edge Glanton Gochenour Guhl

Isakson McGuire Newbill Ralston

Those voting in the negative were Senators:

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

Gillis Harbison Hemmer Hill Hooks Huggms Kemp LMaandgdfeonrd of 29th
Marable
Middleton Oliver
Parrish
Perdue

Pollard Ragan of llth Ragan of 32nd Ray Robinson Pntt , . b*tarr
Taylor
Thomas Thompson
Turner
Walker

Those not voting were Senators:

Henson

Langford of 35th (excused) Tysinger

On the adoption of the amendment, the yeas were 12, nays 41, and the Crotts amendment to the committee substitute was lost.

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JOURNAL OF THE SENATE

Senator Glanton of the 34th offered the following amendment to the committee substitute:

Amend Senate Committee Substitute to H.B. 1375 by removing from the State funds budgeted for the Board of Regents, University System of Georgia in Section 36B relating to State Fiscal Year 1995 the figure $1,927,022 and by decreasing object classes as listed below:

Object Classes

Direct Payments to the Georgia Public Telecommunications Commission

$(1,927,022)

To reduce $1,927,022 from the funding for Georgia Public Telecommunications Commission.

And by adding the State funds budgeted for the Department of Education relating to State Fiscal Year 1995 the figure $1,650,000 and by increasing object classes as listed below:

Object Classes

Pay for Performance

$ 1,650,000

By adding to the State funds budgeted for the Department of Human Resources, Budget Unit A, Section 25, relating to State Fiscal Year 1995 the figure $267,022 and by adding object classes as listed below:

Object Classes

Grants to County DFACS-Operations

$ 267,022

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

Those voting in the affirmative were Senators:

Alien
Balfour Boshears Burton Clay

Day
Edge Glanton Gochenour Guhl

McGuire Newbill
Ra&an of 32nd Ralston

Those voting in the negative were Senators:

Abernathy Baugh Bowen Broun of 46th Brown of 26th Cheeks Coleman CDreoatnts
Egan Farrow
Gillis
Harbison

Hemmer Hill Hooks Huggins Isakson Kemp Langford of 29th MMaardadbelne
Middleton Oliver
Parrish
Perdue

Pollard Ragan of llth Ray Robinson Scott Starr _, rTi?hoylmoras
Thompson Turner
Tysinger
Walker

Those not voting were Senators:

Blitch Henson

Langford of 35th (excused)

Slotin

MONDAY, MARCH 7, 1994

1409

On the adoption of the amendment, the yeas were 14, nays 38, and the Glanton amendment to the committee substitute was lost.
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 substitute, 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 BDBruorwtonn of 26th Cheeks Clay Coleman
Crotts Dean
Edge Egan
Farrow

Gillis Harbison Hemmer Henson Hill Hooks Huggins I,K,saekmspon Langford of 29th Madden Marable
McGuire Middleton
Newbill Oliver
Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston j^av Robinson S0e]co,t..t *loun TMaTM Tavlor
Thomas Thompson
Turner Tysinger
Walker

Those voting in the negative were Senators:

Balfour Day

Glanton

Guhl

Gochenour

Not voting was Senator Langford of 35th (excused).

On the passage of the bill, the yeas were 50, nays 5.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Hooks of the 14th moved that HB 1375 be immediately transmitted to the House.
On the motion, the yeas were 45, nays 0; the motion prevailed, and HB 1375 was immediately transmitted to the House.
The following bill was taken up to consider House action thereto:

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 Annotated, relating to moments of silence in public schools, so as to provide that students shall be provided with a moment for such meditation; to provide a statement of legislative intent.

The House amendments were as follows:
Amend SB 396 by inserting between the word and symbol "intent;" and the word "to" on line 5 of page 1 the following:
"to provide for student initiated voluntary school prayers at schools or school related

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events which are nonsectarian and nonproselytizing in nature; to provide for the use of school property by religious clubs or organizations as long as other noncurriculum oriented student organizations have equal privileges;"
By striking line 11 of page 2 and inserting in its place the following:
"anticipated activities of the day.
(c) The provisions of subsections (a) and (b) of this Code section shall not prevent student initiated voluntary school prayers at schools or school related events which are nonsectarian and nonproselytizing in nature.
(d) Religious clubs or organizations shall not be prevented from recruiting members, holding meetings, or using school property as long as other noncurriculum oriented student organizations are given equal privileges.' "
Amend SB 396 as follows:
On line 2 page 2 change the number 60 to 120
Senator Scott of the 36th moved that the Senate disagree to the House amendments to SB 396.
On the motion, the yeas were 38, nays 4; the motion prevailed, and the Senate disagreed to the House amendments to SB 396.
The Calendar was resumed.

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 security when there is reason to believe that the taxpayer intends to leave the state or remove his or her property from the taxing jurisdiction.
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:

Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge 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 Taylor Thomas Thompson Turner Tysinger

MONDAY, MARCH 7, 1994

1411

Those not voting were Senators:

Abernathy Egan

Gochenour Langford of 35th (excused)

Walker

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

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.
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:

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

Farrow Gillis Glanton Guhl Harbison Hemmer Henson Huggins Isakson Kemp Langford of 29th Madden Marable Middleton

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

Those voting in the negative were Senators:

Balfour Clay

Edge McGuire

Newbill

Those not voting were Senators:

Abernathy Gochenour Hill

Hooks Langford of 35th (excused) Perdue

Pollard Robinson Walker

On the passage of the bill, the yeas were 42, nays 5. The bill, having received the requisite constitutional majority, was passed.
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

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the provisions relating to the Georgia Golf Hall of Fame Board and the membership thereof.
Senate Sponsor: Senator Broun of the 46th.

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

Those voting in the affirmative were Senators:

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

Glanton 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 Robinson Slotin Taylor Thomas Thompson Turner

Those not voting were Senators:

Abernathy Alien Bowen Coleman Egan

Hooks Isakson Langford of 35th (excused) Perdue

Scott Starr Tysinger Walker

On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed.

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 accompanied by those dogs.
Senate Sponsor: Senator Burton of the 5th.

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh

Boshears Bowen Broun of 46th

Brown of 26th Burton Cheeks

MONDAY, MARCH 7, 1994

1413

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

Hemmer Henson Hill Hooks Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Parrish

Those not voting were Senators:

Abernathy Blitch Huggins Isakson

Kemp Langford of 35th (excused) Scott

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

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.

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 Dean Egan

Farrow Gillis 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 Thomas Thompson Turner Tysinger

Voting in the negative were Senators Day and Hemmer.

Those not voting were Senators:

Abernathy Edge

Glanton Langford of 35th (excused)

Parrish Scott

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JOURNAL OF THE SENATE

Starr

Taylor

Walker

On the adoption of the resolution, the yeas were 45, nays 2. The resolution, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsor: Senator Hemmer of the 49th.

Senator McGuire of the 30th offered the following amendment:
Amend HB 1541 as follows: Add at end of line 24 page 18 after (llamas)
", elks and red deer" 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:

Alien Blitch 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 Kemp Langford of 29th Madden McGuire Newbill

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

Those voting in the negative were Senators:

Balfour Baugh

Henson Marable

Middleton Ralston

Those not voting were Senators:

Abernathy Boshears Huggins

Isakson Langford of 35th (excused) Parrish

Perdue Thompson

On the passage of the bill, the yeas were 42, nays 6. The bill, having received the requisite constitutional majority, was passed as amended.

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

MONDAY, MARCH 7, 1994

1415

state employees for the benefit of charitable organizations, so as to change the definition of the term "eligible voluntary charitable organization".

Senate Sponsor: Senator Gillis of the 20th.

The Senate Finance and Public Utilities Committee offered the following substitute to HB 1439:

A BILL
To be entitled an Act 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"; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. 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, is amended by striking division (3)(A)(ii) and inserting in its place a new division (3)(A)(ii) to read as follows:
"(ii) (I) Provides direct and substantial services on a state-wide basis or is.
(II) Is one of the federated charitable organizations that coordinates fund raising and allocations for local charitable organizations in the various geographic areas in which employees are solicited.
(III) is a federation of both state-wide and local organizations which are otherwise qualified under this article and which federation expends all funds collected under this article to serve Georgia residents and programs. No charitable organization shall be qualified or certified by the State Personnel Board under more than one subdivision of this division;"!
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by 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:

Alien Balfour Baugh Blitch Boshears
Sown Broun of 46th BBruorwtonn of 26th Cheeks QJ Coleman Crotts Day Dean Edge Farrow

Gillis Glanton Gochenour Guhl Harbison
Hemmer 14.11 TM " oo,ks " uP' ns Isakson Kem P Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Pollard Ragan of llth Ragan of 32nd Ralston D,,,,
Starr
Thomas Thompson Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy Egan Henson

Langford of 35th (excused) Perdue

Parrish

Scott

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 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.

Senate Sponsor: Senator Marable of the 52nd.

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 11, 1994
The Honorable Bobby Parham, Chairman House Motor Vehicles Committee House of Representatives State Capitol, Room 218 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1547 (LC 18 5971) Drivers' License Fees Reduced for Anatomical Gifts
Dear Chairman Parham:
This bill would reduce the drivers' license fees by one-half of the amount otherwise required if applicants donate anatomical gifts.
The fiscal impact of this bill cannot be estimated without extensive investigations of the responsiveness of anatomical gift donations to a reduction in the price of drivers' licenses.

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 Baugh Boshears Broun of 46th Burton Cheeks Clay

Coleman Crotts Dean Edge Gillis Gochenour Guhl Hemmer

Henson Hill Hooks Isakson Kemp Madden Marable McGuire

MONDAY, MARCH 7, 1994

1417

Newbill Oliver Pollard Ragan of llth

Ragan of 32nd Ray Robinson Scott

Slotin Taylor Thomas Walker

Those voting in the negative were Senators:

Blitch Bowen Brown of 26th Day Farrow

Glanton Harbison Muggins Langford of 29th Middleton

Ralston Starr Turner Tysinger

Those not voting were Senators:

Abernathy Egan

Langford of 35th (excused) Perdue

Parrish

Thompson

On the passage of the bill, the yeas were 36, nays 14.

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

The following resolution was read and put upon its adoption:

SR 600. By Senators Robinson of the 16th, Ray of the 19th and Scott of the 36th:
A resolution relative to adjournment March 9 through March 14, 1994, and adjourn March 14 and reconvene March 16, 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:

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 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 Egan

Langford of 35th (excused) Parrish

Oliver

Perdue

On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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JOURNAL OF THE SENATE

The Calendar was resumed.

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.
Senate Sponsor: Senator Hooks of the 14th.

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

Gillis Glanton Gochenour Guhl
Harbison Hemmer HensQn

Q Coleman Crotts Day Dean Edge Farrow

TM Hooks Huggins KemP Langford of 29th Madden McGuire Middleton

Newbill Oliver Pollard Ragan of llth Ragan of 32nd Ralston R
Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien Egan Isakson (excused conferee)

Langford of 35th (excused) Marable Parrish Perdue

Robinson (excused conferee)
Scott (excused conferee)

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 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. Senate Sponsor: Senator Coleman of the 1st.
Senator Slotin of the 39th offered the following amendment: Amend HB 1318 by inserting on line 4 of page 1 after "engineer;" the following: "to change the definition of 'public road' to include rapid transit systems and railroads providing passenger service;". By inserting between lines 12 and 13 of page 6 the following:

MONDAY, MARCH 7, 1994

1419

"Section 11.5. Said title is further amended in paragraph (24) of Code Section 32-1-3, relating to definitions relative to roads, bridges, and ferries, by striking the word "and" at the end of subparagraph (Q) and by striking the period at the end of subparagraph (R) and inserting in its place "; and" and by adding at the end thereof a new subparagraph (S) to read as follows:
'(S) Rapid transit systems and railroads providing passenger service.' ".
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bowen Brown of 26th Clay Edge Egan

Glanton Gochenour Guhl Harbison Henson

Langford of 29th Oliver Ragan of 32nd Slotin Thomas

Those voting in the negative were Senators:

Alien Balfour Baugh Blitch Boshears Broun of the 46th Burton Cheeks Coleman Crotts Day

Dean Farrow Gillis Hemmer Hill Hooks Huggins Kemp Madden Marable McGuire

Middleton Newbill Pollard Ragan of llth Ralston Ray Starr Taylor Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Isakson (excused conferee) Langford of 35th (excused) Parrish

Perdue Robinson (excused
conferee)

Scott (excused conferee) Walker

On the adoption of the amendment, the yeas were 15, nays 33, and the amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien 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 Huggins Langford of 29th Madden Marable

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JOURNAL OF THE SENATE

McGuire Middleton Newbill Pollard Ragan of llth

Ragan of 32nd Ralston Ray Slotin Starr

Those not voting were Senators:

Abernathy Hooks Isakson (excused conferee) Kemp

Langford of 35th (excused) Oliver Parrish Perdue

Taylor Thomas Thompson Turner Tysinger
Robinson (excused conferee)
Scott (excused conferee) Walker

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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 Investigation, so as to provide for the submission and testing of certain substances or evidence to certain laboratories.
Senate Sponsor: Senator Thomas of the 10th.
The Senate Public Safety Committee offered the following substitute to HB 838:
A BILL
To be entitled an Act 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 Investigation, so as to provide for the submission and testing of certain substances or evidence to certain laboratories; to provide for certificates and admission thereof as evidence; to provide for practices, procedures, and requirements relative to testing of substances or evidence, certificates related thereto, and criminal procedure in cases related thereto; to provide for notices; to provide for time limits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Bureau of Investigation, is amended by adding at the end thereof a new Code Section 35-3-16 to read as follows:
"35-3-16. (a) In any proceeding for a violation of the provisions of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' or Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act,' a law enforcement agency may submit to one of the laboratories operated by the Division of Forensic Sciences of the Georgia Bureau of Investigation any substance, including but not limited to any substance believed to be a controlled substance or dangerous drug, or counterfeit thereof, or any poisons or any drugs. Also, a law enforcement agency may, in any prosecution for the offense of driving under the influence of alcohol or drugs under Code Section 40-6-391, submit a sample of the suspect's blood or urine for analysis in such case. The laboratory shall analyze these substances.
(b) Upon the request of the appropriate district attorney's office, the laboratory employee performing the analysis shall prepare a certificate. This employee shall sign the certificate under oath and shall include in the certificate an attestation as to the result of the analysis. The presentation of this certificate to a court by any party to a proceeding shall be evidence of compliance with all of the requirements and provisions of this Code

MONDAY, MARCH 7, 1994

1421

section. This certificate shall be sworn to before a notary public or other person authorized by law to administer oaths and shall contain a statement establishing the type of analysis performed, the result achieved, and that the subscriber is the person who performed the analysis. When properly executed, the certificate shall, subject to subsection (c) of this Code section and notwithstanding any other provision of law, be admissible evidence of the composition, quality, and quantity of the substance submitted to the laboratory for analysis, and the court shall take judicial notice of the signature of the person performing the analysis and of the fact that he or she is that person.
(c) Whenever a party intends to tender in a criminal or civil proceeding a certificate executed pursuant to this Code section, notice of an intent to proffer that certificate and any reports relating to the analysis in question, including a copy of the certificate, shall be served on the opposing party or parties at least ten days before the proceeding begins. An opposing party who intends to object to the admission into evidence of a certificate shall give notice of objection and the grounds for the objection within ten days of receiving the adversary's notice of intent to tender the certificate. Whenever a notice of objection is filed, admissibility of the certificate shall be determined not later than two days before the beginning of the trial. A proffered certificate shall be admitted into evidence unless it appears from the notice of objection and specific grounds for that objection that the composition, quality, quantity, or chain of custody of the substance submitted to the laboratory for analysis will be contested in good faith at trial. A failure to comply with the time limitations regarding the filing of the notice of objection and the grounds for the objection required by this Code section shall constitute a waiver of any objections to the admission of the certificate. The time limitations set forth in this Code section shall not be relaxed except upon a showing of good cause."
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 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:

Balfour

Farrow

Baugh

Gillis

Blitch

Glanton

Boshears Bowen Brown of 26th Burton Cheeks Clay

Gochenour Guhl Harbison Hemmer Henson Hill

Coleman Crotts Day Dean Edge Egan

Hooks Huggins Kemp Langford of 29th Madden Marable

McGuire Middleton Newbill Oliver Pollard Ragan of 32nd Ralston Ray Slotin Starr Taylor Thomas Thompson Turner Tysinger

Voting in the negative was Senator Walker.

Those not voting were Senators:

Abernathy Alien Broun of 46th Isakson (excused conferee)

Langford of 35th (excused) Parrish Perdue Ragan of llth

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

Robinson (excused conferee) Scott (excused conferee)

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

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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 applicable to counties having a population of more than 100,000 shall apply to counties having a population of more than 96,000; to provide for certain additional eligibility requirements for judges of the probate courts in such counties.
Senate Sponsor: Senator Taylor of the 12th.
The Senate Judiciary Committee offered the following substitute to HB 1754:
A BILL
To be entitled an Act 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 applicable to counties having a population of more than 100,000 shall apply to counties having a population of more than 96,000; to provide for certain additional eligibility requirements for judges of the probate courts in such counties; to provide for jury trials in civil cases and appeals in the probate courts of such counties; to provide for the exercise of the jurisdiction of the judge of the probate court by the clerk of such court concerning uncontested matters in such counties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended in Article 1, relating to general provisions, by striking in its entirety Code Section 15-9-4, relating to additional eligibility requirements in certain counties, and inserting in lieu thereof the following:
"15-9-4. (a) In all counties of this state having a population of more than 100,000 96,000 according to the United States decennial census of 1070 1990 or any future such census, no person shall be judge of the probate court unless at the time of his election, in addition to the qualifications required by law, he or she has attained the age of 30 years and either has practiced law or participated in the writing or passage of law for three years preceding his election or has served for at least five years as a clerk of the probate court, which service has been continuous and immediately prior to his election as judge of the probate court.
(b) Nothing contained in subsection (a) of this Code section shall apply to any person holding the office of judge of the probate court on April 13, 1979, in any county described in such subsection.
(c) No person elected judge of the probate court in any county described in subsection (a) of this Code section on April 13, 1979, shall engage in the private practice of law.
(d) In any county of this state having a population of more that 160,000 96,000 persons according to the United States decennial census of 1080 1990 or any future such census and in which the probate court of such county meets the definition of a probate court as provided by Article 6 of this chapter, no person shall be judge of the probate court unless at the time of his election, in addition to the qualifications required by law, he or she has attained the age of 30 years and has been admitted to practice law for seven years preceding his election."
Section 2. Said chapter is further amended in Article 6, relating to jury trials and appeal, by striking in its entirety paragraph (2) of Code Section 15-9-120, relating to definitions relative to jury trials and appeals for probate courts, and inserting in lieu thereof a new paragraph to read as follows:
"(2) 'Probate court' means a probate court of a county having a population of more than 100,000 96,000 persons according to the United States decennial census of W80 1990 or

MONDAY, MARCH 7, 1994

1423

any future such census in which the judge thereof has been admitted to the practice of law for at least seven years."
Section 3. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 15-9-36, relating to judges and clerks of the probate court, and inserting in lieu thereof the following:
"(c) (1) In addition to other powers granted to appointed clerks, the chief clerk of the probate judge or, if there is no chief clerk, a clerk designated by the judge, may exercise all the jurisdiction of the judge of the probate court concerning uncontested matters in the probate court. Such clerk may exercise such power regardless of whether the judge of the probate court is present.
(2) The powers granted by paragraph (1) of this subsection shall be exercised only by a chief clerk or designated clerk who has been a member of the State Bar of Georgia for at least three years or has been a clerk in the probate court for at least five years.
(3) This subsection shall apply to each county of this state having a population of 100,000 96,000 or more persons according to the United States decennial census of 1080 1990 or any future such census."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by 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:

Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th CB/~nhuerteoki ns Clay Coleman
Crotts
Day Dean
Edge
Egan

Farrow Gillis Glanton Gochenour Guhl Harbison THHTiMelnlI son Hooks Huggins
Kemp
Langford of 29th Madden
Marable
McGuire

Voting in the negative was Senator Blitch.

Middleton Newbill Oliver Pollard Ragan of llth R of 32nd DKR ailston "ay . lotin
Starr
Tayloi Thompson
Turner
Tysinger

1424

JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy AHTIleimenmer Isakson (excused conferee)
Langford of 35th (excused)

Parrish Drerdjue,,
Robinson (excused conferee)

Scott (excused conferee) TW,,.haol,.mkears

On the passage of the bill, the yeas were 44, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

HB 2009. By Representatives Connell of the 115th, Hart of the 116th and Howard of the 118th:
A bill to amend Code Section 3-5-83 of the Official Code of Georgia Annotated, relating to use of excess tax revenues, so as to change the population brackets to provide that excess tax revenues in counties with a population of not less than 185,000 nor more than 195,000 shall be used for the construction of a coliseum or civic center.

HB 2011. By Representative Twiggs of the 8th: A bill to create and establish the Rabun County Building Authority.

HB 2013. By Representatives Carrell of the 87th and Johnson of the 84th: A bill to create the Walton County Commission on Children and Youth.

HB 2014. By Representatives Moore of the 113th, Harris of the 112th, Bargeron of the 120th and Williams of the 114th:
A bill to amend an Act to provide for a homestead exemption of $20,000.00 from all Columbia County ad valorem taxes and Columbia County School District ad valorem taxes, including taxes levied to pay interest on and to retire bonded indebtedness, for residents of Columbia County and the Columbia County School District who are disabled or who are 62 years of age or older and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year.

HB 2018. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act relating to the office of the sheriff of Lamar County, so as to provide for vacancies and temporary vacancies or incapacity in the office of sheriff and the filling thereof.

MONDAY, MARCH 7, 1994

1425

The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 664. By Representatives Davis of the 48th and Stanley of the 50th: A resolution creating the Joint Regional Hospital Study Committee.
The following bills of the House were read the first time and referred to committee:
HB 2011. By Representative Twiggs of the 8th: A bill to create and establish the Rabun County Building Authority.
Referred to Committee on Urban and County Affairs.
HB 2013. By Representatives Carrell of the 87th and Johnson of the 84th: A bill to create the Walton County Commission on Children and Youth.
Referred to Committee on Urban and County Affairs.
HB 2014. By Representatives Moore of the 113th, Harris of the 112th, Bargeron of the 120th and Williams of the 114th: A bill to amend an Act to provide for a homestead exemption of $20,000.00 from all Columbia County ad valorem taxes and Columbia County School District ad valorem taxes, including taxes levied to pay interest on and to retire bonded indebtedness, for residents of Columbia County and the Columbia County School District who are disabled or who are 62 years of age or older and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year.
Referred to Committee on Urban and County Affairs.
HB 2018. By Representatives Smith of the 109th and Jenkins of the 110th: A bill to amend an Act relating to the office of the sheriff of Lamar County, so as to provide for vacancies and temporary vacancies or incapacity in the office of sheriff and the filling thereof.
Referred to Committee on Urban and County Affairs.
The Calendar was resumed.
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 corporation, consolidated government, or other political subdivision of this state may regulate honeybee production or maintenance. Senate Sponsor: Senator Madden of the 47th.
The Senate Agriculture Committee offered the following amendment: Amend HB 1861 by striking lines 6 through 10 of page 1 and inserting the following: "to provide for related matters; to repeal". By striking lines 25 and 26 of page 1, lines 1 through 24 of page 2, and lines 1 through 5 of page 3. By redesignating Section 3 as Section 2.

1426

JOURNAL OF THE SENATE

Senators Ragan of the llth and Madden of the 47th offered the following amendment:
Amend the committee amendment to HB 1861 by striking on line 7 the figure "24" and inserting "34"
Senator Newbill of the 56th moved that HB 1861 be postponed until Tuesday, March 8, 1994.
On the motion, the yeas were 38, nays 2; the motion prevailed, and HB 1861 was postponed to Tuesday, March 8, 1994.
Senator Ray of the 19th moved that the Senate do now adjourn until 9:15 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 2:36 P.M.

TUESDAY, MARCH 8, 1994

1427

Senate Chamber, Atlanta, Georgia Tuesday, March 8, 1994
Thirty-seventh Legislative Day

The Senate met pursuant to adjournment at 9:15 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 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.
SB 312. By Senators Henson of the 55th, Thomas of the 10th and Parrish of the 43rd:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a clinical nurse specialist in psychiatric/mental health to perform certain acts which physicians, psychologists, and clinical social workers are authorized to perform regarding persons who are mentally ill or alcoholic or drug dependent individuals; to define a term.
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 recreational bingo; to authorize nonprofit organizations that are licensed to operate bingo games to operate recreational games.
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 Official Code of Georgia Annotated, based upon classification by population; to provide for legislative intent; to repeal codified and uncodified laws; to amend Code provisions to strike cross-references to repealed laws.
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 provide for the application of payments to revolving accounts by written agreement of the parties; to provide for construction.

1428

JOURNAL OF THE SENATE

The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate:
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.
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.
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.
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 services; 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 House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
SB 62. By Senators Henson of the 55th, Thompson of the 33rd, Ragan of the 32nd and Dawkins of the 45th:
A bill to amend Code Section 15-12-122 of the Official Code of Georgia Annotated, relating to jury panels for civil actions, so as to change the provisions relating to jury panels in civil actions in the state courts and demands for a jury of 12; to provide for applicability; to provide an effective date.
SB 99. By Senator Newbill of the 56th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," so as to redefine "autopsy" and "limited dissection"; to provide that tissues may be retained for additional studies; to provide that the county medical examiner shall be notified when any person dies after having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission.
SB 440. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Oliver of the 42nd, Robinson of the 16th and others:
A bill to provide measures and procedures to enhance school safety and to provide that certain juvenile offenders who commit certain violent felonies shall

TUESDAY, MARCH 8, 1994

1429

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.
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.
SB 314. By Senator Clay of the 37th: A bill to amend Code Section 3-3-7 of the Official Code Of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize and regulate the sale of alcoholic beverages for consumption on the premises on Sunday in certain municipalities during certain hours; to provide for practices, procedures, and requirements related thereto; to provide an effective date.
The House has agreed to the Senate amendments to 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 areas not within the territorial boundary of such regional development center.
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.
The House has adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate:
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 clarify the State's ownership 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 provide for a purpose; to provide for membership of the committee.
The House has agreed to the Senate amendment, to the House substitute, to the following 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 provide for certain residency requirements; to provide for council districts; to provide for elections; to provide for the filling of vacancies; to provide for an election superintendent.

1430

JOURNAL OF THE SENATE

The House has agreed to the Senate substitute to the following bill of the House:
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 vendors to maintain certain records.
The House has disagreed to the Senate substitutes to the following bills of the House:
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 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 relating to capital outlay funds for education; to provide for policies, guidelines, standards, and responsibilities of the State Board of Education with regard to capital outlay projects; to change certain conditions relating to sparsity grants.
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 House has disagreed to the Senate amendment to the following bill of the House:
HB 1333. By Representatives Snow of the 2nd, Murphy of the 18th, Parham of the 122nd, Street 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.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 600. By Senators Robinson of the 16th, Ray of the 19th and Scott of the 36th: A resolution relative to adjournment.
The following bill of the Senate was introduced, read the first time and referred to committee:
SB 734. By Senator Henson of the 55th: A bill to amend an Act authorizing the establishment of a merit system in DeKalb County for employees of DeKalb County, as amended, so as to regulate the receipt and investigation of complaints or information from county

TUESDAY, MARCH 8, 1994

1431

employees concerning fraud, waste, and abuse in or relating to any county programs or operations; to provide for definitions; to provide for confidentiality; to prohibit retaliatory action. Referred to Committee on Urban and County Affairs.
The following bills of the House were read the first time and referred to committees:
HB 2009. By Representatives Connell of the 115th, Hart of the 116th and Howard of the 118th: A bill to amend Code Section 3-5-83 of the Official Code of Georgia Annotated, relating to use of excess tax revenues, so as to change the population brackets to provide that excess tax revenues in counties with a population of not less than 185,000 nor more than 195,000 shall be used for the construction of a coliseum or civic center.
Referred to Committee on Urban and County Affairs (General).
HR 664. By Representatives Davis of the 48th and Stanley of the 50th: A resolution creating the Joint Regional Hospital Study Committee.
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 bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1798. 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 House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1136. Do pass as amended. HB 1503. Do pass as amended. HB 1936. Do pass.
Respectfully submitted, Senator Broun of the 46th District, Chairman
Mr. President:
The Committee on Defense and Veteran Affairs 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 584. Do pass. Respectfully submitted, Senator Harbison of the 15th District, Chairman

1432

JOURNAL OF THE SENATE

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 897. Do pass.

HB 1422. Do pass as amended.

HB 1199. Do pass.

HB 1594. Do pass as amended.

Respectfully submitted,

Senator Farrow of the 54th District, Chairman

Mr. President:

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

HB 676. Do pass.

HB 1762. Do pass.

HB 1642. Do pass by substitute.

HR 1002. Do pass by substitute.

HB 1704. Do pass by substitute.

HR 1003. 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 following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1332. Do pass. HB 1334. Do pass.
Respectfully submitted,
Senator Walker of the 22nd District, Chairman

Mr. President:

The Committee on Insurance and Labor has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 527. Do pass by substitute. HB 1623. Do pass by substitute. HB 1728. Do pass.
Respectfully submitted,
Senator Pollard of the 24th District, Chairman

Mr. President:

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

HB 446. Do pass.

HB 820. Do pass.

TUESDAY, MARCH 8, 1994

1433

HB 828. HB 1228. HB 1313. HB 1417. HB 1443.
HB 1499.
HB 1687.

Do pass by substitute.

HB 1710. Do pass.

Do pass.
Do p*ass. Do pass as amended. Do pass by substitute.

HB 1784_ ,,H,,B ,18.,3,,6,,.
HB 1916'

Do pass as amended. D_,o pass.
D paSS"

Do pass.

HB 1921. Do pass by substitute.

Do pass.

HR 712. 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 1886. Do pass by substitute.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

Mr. President:

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

HB 170. Do pass.

SR 213. Do pass.

HR 815. HR 962. SR 581. SR 553. SR 550. SR 568.

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

SR 554. SR 586. SR 556. SR 567. HB 1551. HR 921.

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

Respectfully submitted,

Senator Scott of the 36th 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 1080. 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

1434

JOURNAL OF THE SENATE

the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1327. Do pass. HB 1400. Do pass. HB 1567. Do pass.
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 the following recommendations:
HB 1403. Do pass. HB 1667. Do pass. HB 1653. 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 and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 726. Do pass.

HB 1948. Do pass.

SB 728. Do pass.

HB 1966. Do pass.

SB 729. Do pass.

HB 1969. Do pass.

HB 762. Do pass.

HB 1977. Do pass.

HB 1074. Do pass.

HB 1978. Do pass.

HB 1890. Do pass by substitute.

HB 1988. Do pass.

HB 1933. Do pass.

HB 1989. Do pass.

HB 1947. Do pass.

HR 1039. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

Mr. President:

The Committee on Youth, Aging and Human Ecology has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1860. Do pass as amended.
Respectfully submitted,
Senator Marable of the 52nd District, Chairman

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

SR 213 SR 554

SR 550 SR 556

SR 553 SR 567

TUESDAY, MARCH 8, 1994

1435

SR 568 SR 586 HB 897 HB 1199 HB 1327 HB 1400 HB 1422 HB 1503 HB 1594 HB 1653 HB 1704 HB 1762 HB 1836 HB 1916 HR 712 HR 962

SR 581 HB 676 HB 1080 HB 1228 HB 1332
HB 1403 HB 1443 HB 1551 HB 1623
HB 1667 HB 1710 HB 1784 HB 1860 HB 1921 HR 815 HR 1002

SR 584 HB 828 HB 1136 HB 1313 HB 1334 HB 1417 HB 1499 HB 1567 HB 1642 HB 1687 HB 1728 HB 1798 HB 1886 HB 1936 HR 921 HR 1003

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 Farrow

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

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

Those not answering were Senators:

Abernathy Alien Egan

Hill

Scott

Langford of 35th (excused) Thomas

Oliver

Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Thompson of the 33rd introduced the chaplain of the day, Reverend Mike Woods, pastor of the First Baptist Church, Powder Springs, Georgia, who offered scripture reading and prayer.
The following local, uncontested bills and resolution of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

1436

JOURNAL OF THE SENATE

SENATE LOCAL CONSENT CALENDAR Tuesday, March 8, 1994
THIRTY-SEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 726 Robinson, 16th TALBOT COUNTY
Amends an Act placing the sheriff of Talbot County on an annual salary, so as to provide for and change the provisions relating to full-time and parttime deputies and their compensation; to provide an effective date; to repeal conflicting laws.

SB 728 Day, 48th Burton, 5th Balfour, 9th Tysinger, 41st Newbill, 56th GWINNETT COUNTY
Amends an Act creating the board of commissioners of Gwinnett County, so as to change the description of the commissioner districts; to provide for terms; to provide federally required submissions; to provide for effective dates; to repeal conflicting laws.

SB 729 McGuire, 30th CITY OF VILLA RICA
Amends an Act providing a new charter for the City of Villa Rica in Carroll and Douglas counties, so as to provide for two-year terms of office for the mayor and councilmen; to provide that the current mayor and councilmen shall complete the terms for which they were elected; to provide for related matters; to repeal conflicting laws.

HB 762 Gochenour, 27th THOMASTON/UPSON COUNTY
Further defines, prescribes, clarifies, and enlarges the powers of the Thomaston-Upson County Office Building Authority.

HB 1074 Hemmer, 49th CITY OF GAINESVILLE
Amends an Act creating a new charter for the City of Gainesville, so as to provide for reasonable and nondiscriminatory utilities fees and charges for customers outside the corporate limits.

*HB 1890

Hooks, 14th SUMTER COUNTY
Amends an Act providing for the election of the Sumter County Board of Education, so as to reconstitute said board of education; to provide for education districts. (SUBSTITUTE)

HB 1933 Day, 48th CITY OF SUGAR HILL
Amends an Act providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city.

TUESDAY, MARCH 8, 1994

1437

HB 1947 Day, 48th CITY OF SUWANEE
Amends an Act creating a new charter for the City of Suwanee, so as to change the corporate boundaries of said city.
HB 1948 Hooks, 14th SUMTER COUNTY
Amends an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Barrien, 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 1966 Hemmer, 49th HALL COUNTY Provides a homestead exemption from all Hall County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, in the amount of $20,000.00 of the assessed value of the homestead 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 1969 Walker, 22nd BURKE COUNTY
Creates a board of elections and registration for Burke County.
HB 1977 Ray, 19th COFFEE COUNTY Amends an Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, so as to change and reapportion the commissioner districts.
HB 1978 Ray, 19th COFFEE COUNTY Amends an Act establishing a board of education of Coffee County, so as to change and reapportion the education districts.
HB 1988 Gillis, 20th Pollard, 24th Baugh, 25th MIDDLE JUDICIAL CIRCUIT
Provides for the payment of miscellaneous expenses to the judges of the superior courts of the Middle Judicial Circuit by the counties comprising such circuit.
HB 1989 Marable, 52nd CITY OF CAVE SPRING
Amends an Act reincorporating the City of Cave Spring in Floyd County, so as to change the corporate limits of the city.
HR 1039 Clay, 37th Ralston, 51st Newbill, 56th CHEROKEE COUNTY
Creates the Cherokee County Property Tax Structure Study Committee.

1438

JOURNAL OF THE SENATE

The substitute to the following bill was put upon its adoption:
*HB 1890:
The Senate Urban and County Affairs Committee offered the following substitute to HB 1890:
A BILL
To be entitled an Act to amend an Act providing for the election of the Sumter County Board of Education, approved February 29, 1968 (Ga. L. 1968, p. 2065), as amended, particularly by an Act approved March 15, 1973 (Ga. L. 1973, p. 2127), and an Act approved April 1, 1992 (Ga. L. 1992, p. 5171), so as to reconstitute said board of education; to provide education districts; to provide for definitions and inclusions; to provide for currently serving members; to provide for elections; to provide for terms of office; to provide for salaries; to provide for related matters; to provide for the submission of this Act to the United States Attorney General; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the election of the Sumter County Board of Education, approved February 29, 1968 (Ga. L. 1968, p. 2065), as amended, particularly by an Act approved March 15, 1973 (Ga. L. 1973, p. 2127), and an Act approved April 1, 1992 (Ga. L. 1992, p. 5171), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following:
"Section 1. (a) The Sumter County School District shall be defined as all of Sumter County including the area within the corporate limits of the City of Americus. The board of education of Sumter County shall be composed of nine members who shall be elected as provided in this Act. For the purpose of electing members of the board, the Sumter County School District shall be divided into nine education districts described as follows:
Education District: 1
SUMTER COUNTY VTD: 0005 LESLIE 15 (Part) Tract: 9508. Block(s): 105, 106, 107, 108, 109, 110, 113, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127A, 127B, 128A, 128B, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 146, 147, 155, 156, 157, 158, 159, 169, 170, 171, 173, 174, 175, 176, 177, 178, 179, 181, 193, 194, 195, 196, 197, 201, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229A, 229B, 230A, 230B, 230C, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240A, 240B, 241A, 241B, 242A, 242B, 242C, 243, 244A, 244B, 244C, 245, 246A, 246B, 247, 248, 249, 250, 251A, 251B, 252A, 252B, 252C, 253A, 253B, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 309, 310, 311, 312, 313, 314A, 314B, 315, 316, 317, 326, 327, 328A, 328B, 329, 330A, 330B, 331A, 331B, 332, 333, 334, 335A, 335B, 336, 337, 338, 339, 340, 341, 342, 343, 344A, 344B, 345, 346A, 346B, 347, 348, 349, 350, 370, 372, 373, 374, 375, 376, 377A, 377B, 378, 379, 380, 381, 382, 383, 384 VTD: 0010 SUMTER CITY NEW 16 (Part) Tract: 9504. Block(s): 346, 347, 348, 349, 350, 351, 352, 353, 378, 379, 381, 382, 383 Tract: 9505. Block(s): 322, 323, 324, 335, 336, 337, 338, 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, 372A, 372B, 373A, 373B, 374 VTD: 0015 HUNTINGTON OLD 16 (Part) Tract: 9505. Block(s): 341, 342, 343, 344 Tract: 9507.

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Block(s): 428, 429, 430, 431, 433, 434, 436, 437, 438 Tract: 9508.
Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 318, 319, 320, 321, 322, 323, 324, 325, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 371
VTD: 0020 THOMPSON 17 (Part) Tract: 9504. Block(s): 321, 322, 323, 324, 325, 327, 328, 329, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 354, 355, 356, 357, 358, 359, 360, 361, 362, 366, 367, 368, 371, 372, 373, 374, 375, 376, 377, 380, 384, 385, 386, 387
VTD: 0030 PLAINS OLD 26 (Part) Tract: 9504. Block(s): 311
VTD: 0035 AMERICUS, 27 (Part) Tract: 9504. Block(s): 320 Tract: 9505. Block(s): 326B, 329, 331, 332, 333, 334
VTD: 0040 CHAMBLISS, 28 (Part) Tract: 9501. Block(s): 163, 164, 169, 170, 171, 172, 174, 175 Tract: 9507. Block(s): 120, 121, 122 Tract: 9508. Block(s): 202, 203, 204, 205
Education District: 2
SUMTER COUNTY VTD: 0035 AMERICUS 27 (Part) Tract: 9505. Block(s): 114B, 115, 118, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 217A, 217C, 218, 219, 220, 221, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228, 229, 232A Tract: 9506. Block(s): 216, 217, 218, 219, 220, 221, 222, 223, 316, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328 Tract: 9507. Block(s): 220A, 220B, 220C, 220D, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 409A, 409C, 409D, 409E, 409F, 409G, 410, 411, 412, 413
Education District: 3
SUMTER COUNTY VTD: 0010 SUMTER CITY NEW 16 (Part) Tract: 9505. Block(s): 315, 316, 317, 318, 319, 320, 321, 325, 326A, 330, 339, 340 VTD: 0035 AMERICUS 27 (Part) Tract: 9505. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114C, 114D, 116, 117, 119, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216A, 216B, 216C, 216D, 217B, 230, 237, 238, 309, 310, 311, 312, 313, 314, 327 Tract: 9506. Block(s): 131, 132, 133, 134, 139, 140, 141, 142, 143, 144, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 301, 302, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 317 Tract: 9507. Block(s): 201C, 202, 203, 204, 205, 206A, 206B, 206C, 207A, 301, 302, 303, 304,

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305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323
Education District: 4
SUMTER COUNTY VTD: 0030 PLAINS OLD 26 (Part) Tract: 9504. Block(s): 153, 201, 202A, 202B, 203, 204, 205, 206A, 213A, 215A, 216, 217, 218, 219, 220, 221, 222, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236A, 236B, 237A, 237B, 238A, 238B, 239, 240, 241A, 241B, 242, 243, 244, 254, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 309B, 310, 312, 313, 314, 315, 316, 317, 318, 326, 330, 363, 364, 365 VTD: 0035 AMERICUS 27 (Part) Tract: 9503. Block(s): 513, 514A, 514B, 515, 516, 517, 518, 519A, 519B, 520A, 520B, 520C, 521A, 521B, 521C, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 543, 545, 546 Tract 9504. Block(s): 319 Tract: 9505. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 328
Education District: 5
SUMTER COVNTY VTD: 0025 CONCORD NEW 26 VTD: 0030 PLAINS OLD 26 (Part) Tract: 9504. Block(s): 141, 142, 143, 146, 147, 148, 149, 151, 152, 154, 155, 157, 158, 160, 161, 162, 163, 164, 165, 166, 206B, 207, 208, 209, 210, 211, 212, 213B, 214, 215B, 223B, 245, 246, 247, 248, 249, 250, 251, 252, 253, 369, 370 VTD: 0035 AMERICUS 27 (Part) Tract: 9503. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 201, 202, 203, 204, 205A, 205B, 205C, 205D, 205E, 205F, 205G, 205H, 205J, 205K, 205L, 206A, 206B, 206C, 206D, 207A, 207B, 207C, 208A, 208B, 208C, 209A, 209B, 209C, 210, 211A, 211B, 211C, 211D, 212A, 212B, 213A, 213B, 214A, 214B, 214C, 216A, 216B, 216C, 217A, 217B, 217C, 217D, 217E, 217F, 217G, 217H, 217J, 218A, 218B, 218C, 219, 221, 222, 223, 224, 225, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 544 VTD: 0045 ANDERSONVILLE (Part) Tract: 9501. Block.(s): 101A, 101B, 102, 103, 104A, 104B, 105, 106, 107A, 107B, 108, 109, 110, 111, 112, 113, 114, 115, 116A, 116B, 117A, 117B, 118, 119A, 119B, 120, 121, 186 Tract: 9503. Block(s): 127, 128A, 128B, 128C, 129A, 129B, 129C, 130, 131A, 131B, 132
Education District: 6
SUMTER COUNTY VTD: 0005 LESLIE 15 (Part) Tract: 9508. Block(s): 101, 102, 103, 104, 111, 112, 114, 143, 144, 145, 148, 149, 150, 151, 152, 153, 154, 160, 161, 162, 163, 164, 165, 166, 167, 168, 172, 180, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192 VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114C, 127, 128, 129,

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132, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141A, 141C, 141D, 142, 149A, 149C, 150, 151, 152, 301A, 301B, 301C, 301E, 302, 306, 307, 308, 309, 311A, 311B, 312A, 312B, 312C, 313, 314, 315A, 315B, 315C, 316A, 316B, 317, 318, 319, 320, 321A, 321B, 322, 323, 402, 403, 404, 405, 406, 407, 411, 412A, 412B, 413, 414, 415, 416, 417, 419, 421, 422, 423, 424, 425, 426, 427, 428 Tract: 9506. Block(s): 101, 126, 127, 128, 129, 130, 145, 146, 147, 148, 149 VTD: 0040 CHAMBLISS 28 (Part) Tract: 9501. Block(s): 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 165, 166, 167, 168, 173, 176, 177, 178, 179, 180, 181, 182, 183, 192, 193, 194, 195, 196, 197 Tract: 9502. Block(s): 101, 102, 103, 104, 130, 131, 153, 154, 155, 401, 431, 432, 433 Tract: 9507. Block(s): 101, 102, 103 VTD: 0045 ANDERSONVILLE (Part) Tract: 9501. Block(s): 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 151, 184, 185, 187, 188, 189, 190, 191
Education District: 7
SUMTER COUNTY VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 408, 409A, 409B, 409C, 409D, 409E, 410, 418, 420, 429, 430 Tract: 9505. Block(s): 231, 232B, 233A, 233B, 233C, 234, 235, 236 Tract: 9507. Block(s): 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 123, 124, 125, 126, 201A, 201B, 201D, 207B, 208, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 217, 218, 219, 238, 239, 240, 241, 242, 243, 244, 245, 246A, 246B, 247, 248, 249, 250, 401A, 401B, 401C, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405, 406, 407A, 407B, 407C, 408A, 408B, 409B, 414A, 414B, 414C, 414D, 415A, 415B, 415C, 415D, 416A, 416B, 416C, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 432, 435 VTD: 0040 CHAMBLISS 28 (Part) Tract: 9507. Block(s): 119
Education District: 8
SUMTER COUNTY VTD: 0035 AMERICUS 27 (Part) Tract: 9503. Block(s): 135C, 136, 139A, 140A, 141, 142A, 143, 144, 215A, 215B, 215C, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 533, 534 Tract: 9505. Block(s): 101, 102, 103, 104, 105, 201, 202 Tract: 9506. Block(s): 303, 304

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Education District: 9
SUMTER COUNTY VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 114B, 115A, 115B, 115C, 115D, 116A, 116B, 117A, 117B, 118A, USB, 118C, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123A, 123B, 124A, 124B, 125, 126, 141B, 143A, 143B, 144A, 144B, 145, 146A, 146B, 146C, 146D, 147A, 147B, 148A, 148B, 148C, 149B, 156, 157, 158A, 158B, 159A, 159B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 301D, 303A, 303B, 304, 305, 310 Tract: 9503. Block(s): 133, 134, 135A, 135B, 135D, 137A, 137B, 138, 139B, 140B, 142B Tract: 9506. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 135, 136, 137, 138
(b) For purposes of this section:
(1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia.
(5) Any part of the Sumter County School District which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(6) Any part of the Sumter County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. Said Act is further amended by striking in their entirety Sections 2 and 3 and inserting in lieu thereof, respectively, the following:
"Section 2. (a) No person shall be a member of the board of education if he or she is ineligible for such office pursuant to the provisions of Code Sections 20-2-51 or 45-2-1 or any other provision contained in the O.C.G.A.
(b) There shall be one member of the board elected from each education district. In order to be elected as a member of the board from an education district, a person must have resided in that education district for at least six months prior to the date such person qualified as a candidate for election from such district and must receive a majority of the votes cast for that office in that district only and not at large. Only electors who are residents of that election district may vote for a member of the board from that district. At

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1443

the time of qualifying for election as a member of the board from an education district, each candidate for such office shall specify the education district for which that person is a candidate. A person elected as a member of the board from an education district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant.
(c) In the event a vacancy occurs in the membership of the board of education for any reason, such vacancy shall be filled as follows:
(1) If the vacancy occurs more than 90 days prior to the date of a general election preceding the general election at which a successor would be elected to a new full term of office, then such vacancy shall be filled for the unexpired term of office at a special election to be held on the same date as said general election preceding the general election at which a successor would be elected to a new full term of office; and in this case the remaining members of the board of education shall, by majority vote, select a qualified person to fill the vacancy until the person elected at such special election takes office.
(2) If the vacancy does not occur more than 90 days prior to the date of a general election preceding the general election at which a successor would be elected for a new full term of office, then the remaining members of the board of education shall, by majority vote, select a qualified person to serve for the remainder of the unexpired term. The individual so selected must meet the residency requirements as specified in subsection (b) of this section.
Section 3. (a) The member of the board who was elected in 1992 to represent existing Education District 6, Gary Houston, shall continue to serve until expiration of his term of office and until the election and qualification of his successor. The member of the board who was elected in 1992 to represent existing Education District 4, Irene Edge, shall continue to serve until the expiration of her term of office or until the election and qualification of her successor. After January 1, 1995, Gary Houston and Irene Edge shall represent, respectively, new Education Districts 6 and 4 as described in Section 1 of this Act. The member of the board who was elected in 1992 to represent existing Education District 2, Carolyn Whitehead, shall continue to serve until the expiration of her term of office or until the election and qualification of her successor. After January 1, 1995, Carolyn Whitehead shall represent new Education District 1 as described in Section 1 of this Act.
(b) A member of the board of education shall be elected in 1994 to take office January 1, 1995, to represent new Education District 2. Such member shall be elected to serve a term of two years. The successor in office to that member elected to represent new Education District 2 shall serve four year terms thereafter. Members of the board of education shall be elected in 1994 for districts 3, 5, 7, 8 & 9 and shall serve for a term of four years or until the election and qualification of his or her successor.
(c) Elections in 1994, as set forth in subsection (b) above, shall be by special election. Said special election shall be called in accordance with Code Section 21-5-540 of the Official Code of Georgia Annotated and shall be held in conjunction with the general election, which is the Tuesday after the first Monday in November, 1994. Thereafter, candidates for the office of school board member shall be nominated in nonpartisan primaries, which primaries shall be held on the third Tuesday in July in each even-numbered year, or on such other date as may be established by general law for holding nonpartisan primaries. The primary held for such purpose shall be conducted by the superintendent of elections in the same manner as prescribed by law and by rules and regulations of the State Election Board and the superintendent for general elections.
(d) Members of the board of education shall receive a monthly salary of their service as members of the board in the amount of $200 per month, plus reimbursement for actual expenses necessarily incurred in connection therewith.
(e) At the first meeting of the board of education in January, 1995, and at the first regular meeting held in January of each year thereafter, the board shall elect a chairperson and a vice chairperson, each of whom shall be eligible to succeed himself or herself.

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(f) Five members of the board shall constitute a quorum for the transaction of any business which may come before the board."
Section 3. It shall be the duty of the board of education of Sumter County to require the attorney thereof to submit this Act for approval, pursuant to Section 5 of the federal Voting Rights Act of 1965.
Section 4. Section 1 of this Act shall become effective on January 1, 1995. All other sections of this Act shall become effective upon the approval of this Act by the Governor or upon this Act 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 44, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Hooks Huggins Langford of 29th Madden Marable McGuire Middleton Newbill

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

Those not voting were Senators:

Abernathy Alien Balfour Cheeks

Farrow Isakson Kemp Langford of 35th (excused)

Robinson 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, except HB 1890, having received the requisite constitutional majority, were passed.
HB 1890, having received the requisite constitutional majority, was passed by substitute.

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1445

The following resolutions were read and adopted:
SR 601. By Senator Blitch of the 7th. A resolution designating Tuesday, March 8, 1994, as Tifton-Tift County Day.
SR 602. By Senator Egan of the 40th: A resolution commending The Lovett School wrestling team.
SR 603. By Senator Broun of the 46th: A resolution paying tribute to the City of Cortona, Italy, its public officials, and its citizens.
SR 604. By Senators Turner of the 8th and Ragan of the llth: A resolution recognizing and commending Mr. Jack Wingate.
SR 605. By Senator Perdue of the 18th: A resolution commending the University System of Georgia Outstanding Scholars on Academic Recognition Day.
SR 606. By Senator Baugh of the 25th: A resolution commending William W. Coleman.
SR 607. By Senator Cheeks of the 23rd: A resolution commending the coach and players of the Curtis Baptist Crusaders basketball team on their Georgia Independent School Association Class AAA state championship.
SR 608. By Senator Harbison of the 15th: 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.
SR 609. By Senator Bowen of the 13th: A resolution recognizing the Slosheye Trail Big Pig Jig as the state's official Barbecue Cooking Contest.
Senator McGuire of the 30th moved that SB 726, SB 728, and SB 729 on the Senate Local Consent Calendar be immediately transmitted to the House.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate bills on the Local Consent Calendar were immediately transmitted to the House.
The following uncontested populated bill of the House, favorably reported by the committee as listed on the SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS, was put upon its passage:

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SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS
Tuesday, March 8, 1994
THIRTY-EIGHTH LEGISLATIVE DAY

HB 1591 Thomas, 10th Langford, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Oliver, 42nd Henson, 55th ATLANTA/FULTON COUNTY
Amends 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 decennial census of 1960 or future such census, so as to provide for the terms of court.
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:

Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th BCC.-,,loualryetomnan
Crotts
Day
Dean
Edge
Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer H,HH,.ioe,l,nol skosn
Huggins
Madden
McGuire
Middleton
Newbill Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston D DR*,,.loo,bui..nnson
btarr
Taylor
Thomas
Thompson
Turner Tysinger

Those not voting were Senators:

Abernathy Alien Balfour Cheeks

Isakson Kemp Langford of 35th (excused) Langford of 29th

Marable Oliver Scott Walker

On the passage of the population bill, the yeas were 44, 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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1447

The following bill was taken up to consider House action thereto:

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 licensed to operate bingo games to operate recreational games.

Senator Broun of the 46th moved that the Senate recede from its amendment to HB 1183.
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 BrCC,lhuaeryteok, ns Coleman Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour
Guhl HaMson Hemmer H,H,,_.l.e1,1,nson Hooks Huggins Isakson Madden Marable McGuire

Newbill Parrish Perdue Ragan of llth
Ragan of 32nd Ralston
DR,,S,loorbt.mi. nson Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien Kemp Langford of 35th, excused

Langford of 29th Middleton Oliver

Pollard Scott Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate receded from its amendment to HB 1183.
The following bill was taken up to consider House action thereto:
SB 41. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others: A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for immunity from liability for certain persons who voluntarily and without the expectation or receipt of compensation provide certain services for and at the request and sanction of a public school upon public school property or at a public school sponsored function.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia

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Annotated, relating to general provisions regarding torts, so as to provide for immunity from liability for certain persons who voluntarily and without the expectation or receipt of compensation provide certain services for and at the request and sanction of a public school or private school upon public school or private school property or at a public school or private school sponsored function and to provide immunity from liability for public schools or private schools which request, sponsor, or participate in providing those services; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding after Code Section 51-1-30.2 a new Code section to read as follows:
"51-1-30.3. (a) Unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct:
(1) No natural person who voluntarily and without the expectation or receipt of compensation provides services for and at the request and sanction of a public school or private school and who does not expect or receive compensation with respect to such services from the recipient of such services; or
(2) No public school or private school which requests, sponsors, or participates in the providing of the services under the circumstances provided in paragraph (1) of this subsection
shall be liable for damages or injuries alleged to have been sustained by another person or damages for the injury or death of the other person when the injuries or death are alleged to have occurred by reason of an act or omission occurring on school property in the rendering of such services if such services are provided upon school property or at a school sponsored function.
(b) This Code section shall not apply to any incident or incidents arising out of the operation of a motor vehicle or motor vehicles. This Code section also shall not apply to any public or private school to the extent that any such public or private school has insurance in effect which covers any damages or injury or death described in paragraph (a) above.
(c) This Code section shall not apply to persons who are performing tasks associated with their normal or ordinary course of business or their trade or profession.
(d) This Code section shall apply only to causes of action arising on or after July 1, 1994.
(e) Nothing in this Code section shall be construed to alter, affect, or repeal any other provision of law granting immunity from liability or to alter or affect any other immunity provision from whatever source and shall be cumulative of any existing immunity from any source.
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Newbill of the 56th moved that the Senate agree to the House substitute to SB 41.
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 Coleman Crotts Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer

TUESDAY, MARCH 8, 1994

1449

Henson Hill Hooks Huggins Isakson Madden Marable McGuire Middleton

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

Those not voting were Senators:

Abernathy Alien Clay Day

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

Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger
Ray Scott Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 41.
The following bills were 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 established on appeal can be changed for subsequent taxable years.
Senator Starr of the 44th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to its substitute.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Glanton of the 34th, Thomas of the 10th and Starr of the 44th.
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 relating to capital outlay funds for education; to provide for policies, guidelines, standards, and responsibilities of the State Board of Education with regard to capital outlay projects; to change certain conditions relating to sparsity grants.
Senator Hill of the 4th moved that the Senate insist on its substitute to HB 1314.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1314.
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.

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JOURNAL OF THE SENATE

Senator Hooks of the 14th moved that the Senate insist on its substitute to HB 1375.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1375.
SENATE RULES CALENDAR
Tuesday, March 8, 1994
THIRTY-SEVENTH LEGISLATIVE DAY
HB 596 Georgia Taxable Net Income--increase exclusion on retirement income (F&PU--12th) Birdsong--123rd
HB 1395 Superior Court Judges--compensation (Judy--16th) Cauthorn--35th
HB 1398 Supreme Court Justices, Appeals Judges--compensation (Judy--16th) Cauthorn--35th
HB 1586 Superior Court Judges Retirement--cost of living increases (Amendment) (Ret--31st) Cummings--27th
HB 1727 Securities Act--state participate in new electronic filing system (Judy--42nd) Chambless--163rd
HB 1130 School Year--summer program for those retained, failed (Substitute)(Ed--4th) Godbee--145th
HB 1378 Fraudulent Attempts to Obtain Refunds--information prohibited (Amendment) (S Judy--32nd) Clark--40th
HB 679 Domestic Relations Cases--issuance of certain orders (Judy--39th) Mobley--69th
HB 1337 Weapon Used in Crime--subject to forfeiture (Judy--37th) Birdsong--123rd
HB 1177 Public School Personnel--limit certain salary supplement decreases (Ed--51st) Johnson--84th
HB 1539 Abandoning Portion of County Road--newspaper notice (Trans--1st) Birdsong--123rd
HR 937 GA 96 AG Joint Steering Committee--create (Ag--49th) Reaves--178th
HB 866 Blasting Operations and Explosives--licensure, regulations (ST&I--41st) Powell--23rd
HB 1632 Debt--notice from surety to creditor (S Judy--28th) Thomas--100th
HB 649 Personal Care Homes--licensing (YA&HE--52nd) Sherrill--62nd
HB 650 Personal Care Home Licensing, Employee Records Checks--definitions (YA&HE--52nd) Sherrill--62nd
HB 879 Vehicle Loads--relating to vehicle transporting solid waste (Trans--1st) Dobbs--92nd
HB 1506 County Boards of Equalization--additional instructional requirements for members (Substitute) (U&CA G--33rd) Felton--43rd
HB 1504 Certain County Boards of Equalization, Tax Assessors--arbitration (Substitute) (Amendment) (U&CA G--41st) Felton--43rd
HB 1723 Regents Retirement--rate of employee contributions (Ret--10th) Cummings--27th
HB 1637 Interior Designers--change provisions on waiver of examination (ST&I--41st) Henson--65th
HB 1221 Motor Vehicle License Plates--free to National Guard retired members (Pub Saf--23rd) Jamieson--22nd

TUESDAY, MARCH 8, 1994

1451

HB 1513 Red Drum Salt-Water Finfish--prohibit taking certain size (Nat R--20th) Hanner--159th
HB 800 Sales Tax--certain coin operated devices (C Aff-- 55th) Jenkins--110th
HB 1702 Education--relating to textbooks (Amendment) (Ed--51st) Godbee--145th
HB 1452 MARTA Board of Directors--terms (U&CA G--33rd) Martin--47th
HR 215 MARTOC--change provisions on repeal of resolution creating (U&CA G--33rd) Martin--47th
HB 1426 Emergency Medical Services--relating to invalid car or operator (H&HS--10th) Taylor--134th
HB 1405 Mental Health--medical record release to certain entities (Substitute) (S Judy--28th) Hart--116th
HB 1229 Paroled Sex Offender--information to community where residing (Substitute) (Corr--19th) Harris--17th
HB 1308 Insurance Adjuster--term not induce salaried employee (Substitute) (Amendment) (I&L--21st) Coker--31st
HB 1825 Health Care Provider Act of 1994--provide (Amendment) (H&HS--22nd) Skipper--137th
HB 1459 Council of Municipal Court Judges of Georgia--create (Substitute) (Judy--42nd) Porter--143rd
HB 1340 Special License Plates--surviving spouses of certain veterans (Pub Saf--54th) Reichert--126th
HB 1207 Ad Valorem Property Tax Return--notices of changes (Substitute) (F&PU--54th) Ladd--59th
HB 1768 Special Education for Intellectually Gifted--eligibility criteria (Ed--52nd) Smith--175th
HB 1666 Optometrists--certification requirements, Board membership qualifications (H&HS--10th) Bordeaux--151st
HB 1198 Drive-By Shooting--provide offense (Amendment) (S Judy--3rd) Wall--82nd
HB 1557 School Breakfast Programs--establishment (Ed--56th) Ashe--46th
HB 260 Employees' Retirement--credit for annual, sick leave of certain members (Ret--5th) Baker--70th
HB 1813 Foreign Limited Liability Partnerships--required qualifications (Judy--42nd) Barnes--33rd
HR 943 CA: Contracts Among Health Care Providers--General Assembly authorize (H&HS--22nd) Skipper--137th
HB 1512 Bait Shrimping--gear and methods allowed (Amendment) (Nat R--7th) Hanner--159th
HR 463 Mrs. Janette McGarity Barber--placement of portrait (Substitute) (Rules--16th) Smith--169th
HB 1389 Peace Officers--time to complete training course (Amendment) (Pub Saf--54th) Twiggs--8th
HB 1861 Honeybee Production, Maintenance--no local regulation (Amendments) (Ag--47th) Reaves--178th
Respectfully submitted,
/s/ Scott of the 36th, Chairman Senate Rules Committee

1452

JOURNAL OF THE SENATE

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

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.
Senate Sponsor: Senator Taylor of the 12th.

Senator Edge of the 28th moved that HB 596 be postponed until March 9, 1994. 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

Those voting in the negative were Senators:

McGuire Newbill Ragan of 32nd Ralston Tysinger

Baugh Blitch Bowen Broun of 46th Brown of 26th Coleman Dean Farrow Gillis Harbison Hemmer Henson

Hill Hooks Huggins Langford of 29th Madden Marable Middleton Oliver Parrish Perdue Pollard

Those not voting were Senators:

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

Abernathy Alien

Cheeks Kemp

Langford of 35th (excused)

On the motion, the yeas were 17, nays 34, and the motion was lost.

TUESDAY, MARCH 8, 1994

1453

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 596 (LC 18 5999-ECS) Income Tax: Changes in Dependent Exemption and Retirement Exclusion
Dear Chairman Buck:
This bill would reduce Georgia's individual income tax collections by increasing the deductions from gross income permitted for dependents and retirement income. In addition, the exemption of wages from withholding allowed for each dependent would be raised.
The bill would take effect on July 1, 1994, the beginning of fiscal year 1995. The fiscalyear impact would involve taxable years 1994 and 1995. To annualize the half-year changes in each, the deductions would be increased in two stages. For taxable year 1994, the higher deductions would be made retroactive to January 1, 1994. The dependent exemption would be boosted from $1,500 to $2,000 and the exclusion for retirement income would be raised from $10,000 to $11,000. For taxable year 1995, allowances would again be raised, the dependent's exclusion going from $2,000 to $2,500 and the exclusion of retirement income from $11,000 to $12,000. Starting on July 1, 1994, the exemption of wages from withholding would rise from $1,500 to $2,500 per dependent.
The bill would lower income tax liabilities for individuals for taxable year 1994 by $54 million. In taxable year 1995, the tax liabilities would be further reduced by $46 million. Because of reduced withholding and increased refunds, the individual income tax generated in fiscal year 1995 would be lowered from its prior year level by $100 million.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s Henry M. Huckaby, Director Office of Planning and Budget
Senators Edge of the 28th, Newbill of the 56th and others offered the following substitute to HB 596:
A BILL
To be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to provide for a phased-in exemption for certain food items with respect to the levy or imposition of certain sales and use taxation; to provide that certain exemptions from the state sales and use tax shall not be applicable to the joint county and municipal sales and use tax or to the special county 1 percent sales and use tax and certain other local sales and use taxes under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, is amended by striking "or" at the end of paragraph (54), by striking the period at the end of paragraph (55) and inserting in its place "; or", and by adding a new paragraph immediately following paragraph (55) of Code Section 48-8-3, relating to

1454

JOURNAL OF THE SENATE

exemptions regarding the state sales and use tax, to be designated paragraph (56), to read as follows:
"(56) (A) On and after January 1, 1995, the retail sale for off-premises human consumption, use, or consumption of food and beverages other than alcoholic beverages shall constitute a retail sale for purposes of this article as follows
(i) For tax year 1995, the rate of taxation required under this article shall be 3 percent;
(ii) For tax year 1996, the rate of taxation required under this article shall be 2 percent;
(iii) For tax year 1997, the rate of taxation required under this article shall be 1 percent; and
(iv) For tax year 1998 and future tax years, such sales shall not constitute a retail sale for purposes of this article and shall not be subject to taxation under this article.
(B) The exemption provided for in subparagraph (A) of this paragraph shall not apply to retail sales or sales at retail of food and beverages other than alcoholic beverages transacted at any food service establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products, including restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which manufacture, wholesale, or retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishments; food vending machines and vehicles and operations connected therewith; and similar facilities by whatever name called.
(C) The exemption provided for in subparagraph (A) of this paragraph shall not apply with respect to any local sales tax, local use tax, or local sales and use tax which is first levied or imposed before January 1, 1995, but shall apply with respect to any such tax which is first levied or imposed on or after January 1,1995. For the purposes of this subparagraph, the taxes affected are any sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; or by or pursuant to Article 3 of this chapter. In addition, for purposes only of a reference to the state tax or this article in the laws imposing such local sales and use taxes, the state sales and use tax levied or imposed by this article shall be deemed not to include the exemption provided for in subparagraph (A) of this paragraph, notwithstanding any provision to the contrary in the laws imposing such taxes. For the purposes of this subparagraph, a tax shall be considered to be levied or imposed on or after January 1, 1995, if:
(i) The same tax or a similar tax was imposed prior to that date;
(ii) The tax imposed prior to that date, under the terms of the law authorizing the tax, expires on or after January 1, 1995; and
(iii) The same or a similar tax is on or after such expiration reimposed on or after January 1, 1995, with or without any intervening period of time."
Section 2. Said chapter is further amended by striking Code Section 48-8-82, relating to the imposition and applicability of the joint county and municipal sales and use tax, and inserting in its place a new Code Section 48-8-82 to read as follows:
"48-8-82. When the imposition of a joint county and municipal sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1 percent. Except as to rate, the joint tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to

TUESDAY, MARCH 8, 1994

1455

the tax levied pursuant to this article, except that the joint tax provided in this article shall be applicable to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food to the extent provided for in paragraph (56)~of Code Section 481T377
Section 3. Said title is further amended by striking Code Section 48-8-110, relating to the imposition and applicability of the special county 1 percent sales and use tax, and inserting in its place a new Code Section 48-8-110 to read as follows:
"48-8-110. The governing authority of any county in this state may, subject to the requirement of referendum approval and the other requirements of this article, impose within the county a special sales and use tax for a limited period of time. Any tax imposed under this article shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food to the extent provided for in paragraph (56) of Code Section 48-8-3."
Section 4. This Act shall become effective on January 1, 1995.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Boshears Burton Clay Crotts Day

Edge Egan Glanton Gochenour Guhl

Isakson McGuire Newbill Ragan of 32nd Tysinger

Those voting in the negative were Senators:

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

Hill Hooks Huggins Kemp Langford of 29th Madden Marable Middleton Oliver Parrish Pollard

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

Those not voting were Senators:

Alien Cheeks Hemmer

Henson Langford of 35th (excused)

Perdue Ralston

On the adoption of the substitute, the yeas were 16, nays 33, and the substitute was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

Hemmer Langford of 35th (excused)

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 bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

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 Conference Committee report was as follows:
The Committee of Conference on HB 1225 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1225 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Paul C. Broun Senator, 46th District
/s/ Steve Thompson Senator, 33rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jim Martin Representative, 47th District
/s/ Roy H. Watson, Jr. Representative, 139th District

TUESDAY, MARCH 8, 1994

1457

/s/ Johnny Isakson Senator, 21st District

/s/ Alan T. Powell Representative, 23rd District

Committee of Conference substitute to HB 1225:

A BILL
To be entitled an Act 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, for a price in excess of the price printed on the ticket; to provide for service charges; to provide for specification of service charges on advertisements, announcements, or posters; to provide an exception; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, is amended by striking Code Section 10-1-310, relating to the unlawful scalping of tickets for certain athletic contests, and inserting in lieu thereof a new Code Section 10-1-310 to read as follows:
"10-1-310. (a) It shall be unlawful for any person to sell or offer for sale any ticket of admission or otEer evidence of the right of entry to any football game, basketball game, baseball game, soccer game, hockey game, or tennis or golf tournament for a price in excess of the price printed on the ticket; provided, however, that a service charge not to exceed $3.00 may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established business licensed to do business by the municipality or county, where applicable, in which such places of business are located.
(b) It shall be unlawful for any person to sell or offer for sale any ticket of admission or otheFevidence of the right of entry to any entertainment event not covered by subsection (a) of this Code section, including but not limited to, athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted, for a price in excess of the price printed on the ticket; provided, however, that the owner, operator, lessee, or tenant of the property on which such entertainment event is to be held or is being held may authorize, in writing, any person to charge a service charge for the sale or selling of such ticket, privilege, or license of admission in addition to the price printed on the ticket. Such writing shall specify the amount of the service charge to be charged for the sale or selling of each ticket, privilege, or license of admission!
(c) Any advertisement, announcement, or poster for any event covered by this Code section which includes the price of admission 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?1
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 competitions and ceremonies involving competitors from more than one country shall become effective 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. Subsection (c) of Code Section 10-1-310 shall become effective April 1, 1995.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Broun of the 46th moved that the Senate adopt the Conference Committee report on HB 1225.

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JOURNAL OF THE SENATE

On the adoption of the Conference Committee report, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears owen , ._ Broun of 46th Brown of 26th Burton Clay Coleman
Day Dean Egan

Farrow Gillis Guhl Harbison Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton

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

Those voting in the negative were Senators:

Glanton

Gochenour

Newbill

Those not voting were Senators:

Cheeks Edge Hemmer

Langford of 35th (excused) Ralston

Perdue

Tysinger

On the motion, the yeas were 46, nays 3; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1225.
Senator Marable of the 52nd introduced the doctor of the day, Dr. Mason Brown of Cartersville, Georgia.
The Calendar was resumed.

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 compensation of judges of the superior courts.

Senate Sponsor: Senator Robinson of the 16th.

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

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Blitch Boshears Bowen Burton

Cheeks Clay Coleman Crotts Day Dean Edge

Egan Farrow Glanton Gochenour Guhl Harbison Henson

TUESDAY, MARCH 8, 1994

1459

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 Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Baugh.

Those not voting were Senators:

Broun of 46th Brown of 26th Gillis

Hemmer Langford of 35th (excused)

Perdue Scott

On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto:

SB 245. By Senator Henson of the 55th:
A bill to amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from driver's license requirements, so as to exempt persons 15 years of age or over while taking instruction from a licensed driving instructor or a certified high school driver education instructor; to provide for use of dual control vehicles; to require insurance; to provide for eyesight examinations; to provide for an effective date.

The House amendment was as follows:
Amend SB 245 by striking from line 18 of page 1 the words "or nonresident".
Senator Henson of the 55th moved that the Senate agree to the House amendment to SB 245.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks Clay Cqleman Crotts Day Dean Edge

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

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Brown of 26th Gillis Hemmer

Hooks Langford of 35th (excused) Perdue

Scott Taylor

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 245.
The Calendar was resumed.

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 compensation of Justices of the Supreme Court and Judges of the Court of Appeals.
Senate Sponsor: Senator Robinson of the 16th.

Senator Tysinger of the 41st offered the following amendment: Amend HB 1398 by striking line 4 of page 1 and inserting in lieu thereof the following:
"the Attorney General, the Justices of the Supreme Court, and the Judges of the Court of.
By striking lines 10 and 11 of page 1 and inserting in lieu thereof the following:
"(5), (18), and (19) of subsection (a) and inserting in their respective places new paragraphs (5), (18), and (19) to read as follows:
'(5) Attorney General ...................................... 60,316.00 90,000.00' ".
On the adoption of the amendment, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Boshears Bowen Broun of 46th Burton 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

Those not voting were Senators:

Blitch Brown of 26th

Cheeks Hemmer

Langford of 35th (excused)

TUESDAY, MARCH 8, 1994

1461

On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of HB 1398 would be suspended and the bill was placed on the Senate General Calendar.
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 provide that the board of trustees of such retirement system shall be authorized to grant certain cost of living benefit increases under certain circumstances.
Senate Sponsor: Senator Dean of the 31st.
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 11, 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 1586 (LC 21 2521) Superior Court Judges Retirement System
Dear Representative Cummings:
This bill would authorize the Board of Trustees of the Superior Court Judges Retirement System to grant a discretionary 3 percent postretirement benefit increase if such an increase is actuarially sound.
This is to certify that this is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Sincerely,
1st Claude L. Vickers State Auditor
Senator Isakson of the 21st offered the following amendment:
Amend HB 1586 by deleting the number "10" on line 3 page 2 and inserting the number "13"
Senator Isakson of the 21st asked unanimous consent that his amendment to HB 1586 be withdrawn.
The consent was granted, and the amendment offered by Senator Isakson of the 21st was withdrawn.
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 Boshears Bowen B,urton Clay CCorolettms an
Day Dean
Edge
Egan
Farrow Gillis

Glanton Gochenour Guhl Harbison Hill Hooks Muggins Isakson LMaandgdfoenrd of 29th
Marable McGuire
Middleton
Newbill
Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston pj Robinson ,, .. flo't.ln
btarr Thomas
Thompson
Turner
Tysinger Walker

Those not voting were Senators:

Blitch Broun of 46th Brown of 26th

Cheeks Hemmer Henson

Kemp Langford of 35th (excused) Taylor

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

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 supervisors may be held culpable for the criminal acts of their agents; to provide an exception.

Senate Sponsor: Senator Oliver of the 42nd.

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Burton Cheeks Clay Coleman Crotts Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison Hill Hooks Huggins Langford of 29th Madden Marable McGuire Middleton Newbill

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

TUESDAY, MARCH 8, 1994

1463

Those not voting were Senators:

Broun of 46th Brown of 26th Day Hemmer

Henson Isakson Kemp Langford of 35th (excused)

Ralston Starr Taylor

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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.
Senate Sponsor: Senator Hill of the 4th.
The Senate Education Committee offered the following substitute to HB 1130:
A BILL
To be entitled an Act 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; to provide for instructional technology; to provide for student teachers; to provide for effectiveness; 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 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year, is amended by adding at the end thereof the following:
"(f) Each local board of education shall annually provide for a 'Summer Investment Program," which will be made available to students who have been retained and students who are at risk of failure in grades kindergarten through eight or who have failed academic subjects in these grades to extend beyond the normal school year provided for in subsection (c) of this Code section. This program shall be offered during the summer months for not less than six weeks. The Summer Investment Program shall provide for lower teacher-pupil ratios, coordination with family connection resources where appropriate, school locations for the program nearest residential areas of the majority of students required to attend the program, transportation, instruction in subject areas failed by students, utilization of instructional technology, and include teachers who have demonstrated teaching success and rapport with at-risk students. Each local board shall submit a projected number of students eligible for the Summer Investment Program by grade to the Department of Education no later than November 30 of each year in order to have calculated the state cost to operate the Summer Investment Program for inclusion as a separate funding item in the midterm adjustment for the current fiscal year. The cost calculations shall include funds sufficient to provide for teacher salaries, instructional materials, pupil transportation, and facilities maintenance and operations costs. The State Board of Education is encouraged to coordinate with the board of regents to identify student teaching programs in appropriate university system institutions for the purpose of assigning student teachers to as many classes within each school system's Summer Investment Program as possible. This subsection in no way prohibits local boards of education from entering into a multisystem

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summer program contract to provide services identified in this subsection. This subsection shall be effective only in those years when fully funded by the General Assembly."
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 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 Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks
Crotts
Dean Edge Egan Farrow

Gillis Gochenour Guhl Harbison Hemmer Henson
TT'll
Hooks Huggins Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston ^ RcScoob.tit.nson Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Coleman Glanton

Isakson

Langford of 35th (excused)

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 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 information is prohibited from being given to obtain refunds. Senate Sponsor: Senator Ragan of the 32nd.
The Senate Special Judiciary Committee offered the following amendment:
Amend HB 1378 on page 1, line 11, by striking "knowingly". 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.

TUESDAY, MARCH 8, 1994

1465

On 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
Bwen Broun of 46th Brown of 26th BChuerteokns QJ Crotts Dav Dean Edge Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer
Henson Hm Hookg "u up ns Isakson Langford of 29th Marable McGuire Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd
Ralston R
^ fcco^tt Slotin Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Coleman Egan

Kemp

Madden

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 as amended. The following bill was taken up to consider House action thereto:

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 services; 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 House amendment was as follows:
Amend SB 469 by striking lines 1 through 27 of page 1, lines 1 through 34 of page 2, lines 1 through 34 of page 3, lines 1 through 32 of page 4 and lines 1 through 9 of page 5 and inserting in their place the following:
"To amend Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to county boards of family and children services, so as to change the manner of appointing members to such boards; to provide for vacancies, terms of office, and compensation; 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 county boards of family and children services, is amended by striking subsections (a) through (e) of Code Section 49-3-2, relating to appointment of members to such boards, and inserting in lieu thereof the following:
'49-3-2. (a) Each county board shall consist of five members who shall be appointed by the eommiaaionor of human resources on the recommendation and nomination of the county

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rd of commiasioncra or other legally constituted fiacal or financial agent of the county. Such county commiaaioncf or board of commiaaioncrs or fiscal or financial agent shall recommend and nominate to the commissioner three influential and respected citizcna, recognized for their demonstrated interest in family and children acrvicca provided by the county department, for each poaition on the county board to be filled by the commissioner. As a condition of being designated as a nominee, each person 90 designated shall certify in writing to the county commissioner or board of commissioners of fiscal of financial agent that the person intends to serve as a member of the board if the pcraon is appointed to the board governing authority of the county. No person serving as a member of a county board on July 1, 1994, shall have such person's term of office shortened by this subsection. On and after that date, however, vacancies in such office which occur for any reason, including but not limited to expiration of the term of office, shall be filled by appointment of the county governing authority except as provided in subsection (c) of this Code section. No elected officer of the state or any subdivision thereof shall be eligible for appointment to the county board.
(b) The term of office of members of the county board shall be for five years and until the appointment and qualification of their respective successors, except that upon the expiration of the terms of the members of the county board in office on July 1, 1963, one member shall be appointed for a one-year term, one member for a two-year term, one member for a three-year term, one member for a four-year term, and one member for a fiveyear term.
(c) Appointments to fill vacancies on the county board caused by death, resignation, or removal before the expiration of a term shall be made for the remainder of such term in the same manner as provided in this Code section for original appointments. In the event that the county commiaaioncr or board of commiaaioncfs of county fiacal or financial agent governing authority of the county shall fail to recommend and nominate persons to fill vacancies fill any such vacancy or any vacancy caused by expiration of term on the county board as required by this Code scctk within 90 days after such vacancy occurs, the commissioner may appoint members to the county board to fill such vacancies absent such recommendation and nomination.
(d) The commissioner may provide rules and regulations governing selection of persona to serve as chairman and vice chairman of each county board. Reserved.
(e) Members of the county board shall serve without compensation, except that they shall be paid a per diem of not less than $15.00 per month and 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."
Section 2. All laws and parts of laws in conflict with this Act are repealed."
Senator Thompson of the 33rd moved that the Senate disagree to the House amendment to SB 469.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 469.
The Calendar was resumed.
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.
Senate Sponsor: Senator Slotin of the 39th.

TUESDAY, MARCH 8, 1994

1467

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

Day Henson

Kemp Langford of 35th (excused)

Taylor

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto:

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.

Senator Cheeks of the 23rd moved that the Senate insist on its amendment to HB 1333.
On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 1333.
The Calendar was resumed.

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.
Senate Sponsor: Senator Clay of the 37th.

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JOURNAL OF THE SENATE

Senators Slotin of the 39th and Oliver of the 42nd offered the following amendment:
Amend HB 1337 by deleting ", sale," from line 6 of page 1, by deleting "change" and inserting in lieu thereof "repeal" on line 9 of page 1, by deleting "(a)" on line 14 of page 2, by deleting "retain the device for use in law enforcement," from lines 25 and 26 of page 2, by adding "or have destroyed" following "destroy" on line 26 of page 2, by deleting ", or advertise" and inserting in lieu thereof " or advertise" on line 26 of page 2, by striking through the language beginning on line 27 of page 2 through "advertisements" on line 30 of page 2, by adding "provided, further, that the sheriff may petition the superior court for an order to retain such~weapon or weapons as may be deemed of use for law enforcement purposes only and that such weapon or weapons shall be used only for such purposes" following "weapon" on line 33 of page 2, by striking through the language beginning on line 1 of page 3 through the word "made" on line 4 of page 3, by deleting the language beginning with "; provided" on line 4 of page 3 through "committed" on line 10 of page 3, and by striking through the period at the end of line 10 of 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 Brown of 26th
^7*" Egan Harbison

Henson HiU
Kemp Oliver Parrish

Robinson Scott
Slotin Tysinger Walker

Those voting in the negative were Senators:

Balfour Baugh Blitch Boshears
BroWuenn of 4^6uth BChuerteokns Clay
Crotts Day Edge

Farrow Gillis Glanton Gochenour
HSUemWmer HHouoggksins Isakson
Langford of 29th Madden Marable

McGuire Newbill Perdue Pollard
Ragan of llthd ^_ aflston starr
Taylor Thompson Turner

Those not voting were Senators:

Abernathy

Middleton

Langford of 35th (excused) Ray

Thomas

On the adoption of the amendment, the yeas were 16, nays 35, and the amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour

Baugh Blitch

Boshears Bowen

TUESDAY, MARCH 8, 1994

1469

Broun of 46th Brown of 26th Burton Cheeks
P.
DEdegaen Egan Farrow Gillis Glanton Gochenour Guhl

Harbison Hemmer Henson Hill Hooks HugginS Isakson
KLaenmgpford of 29th Madden Marable McGuire Middleton Newbill Oliver

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

Those not voting were Senators:

Abernathy

Parrish

Langford of 35th (excused)

Thomas

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1177. By Representatives Johnson of the 84th, Harris of the 112th, Streat 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 public school system personnel, so as to provide for limitations upon decreases in certain local salary supplements.
Senate Sponsor: Senator Ralston of the 51st.
Senator Newbill of the 56th offered the following amendment:
Amend HB 1177 by striking from lines 20 through 22 on page 3 the following:
"at least once in the week immediately preceding the week in which such hearing is to be heldT";
and inserting in lieu thereof the following:
"one time at least seven days prior to the date such hearing is to be held.' ".
By striking from lines 4 and 5 of page 4 the following:
"at least once in the week immediately preceding the week in which such hearing is to be held.'",
and inserting in lieu thereof the following:
"one time at least seven days prior to the date such hearing is to be held.'".
On the adoption of the amendment, the yeas were 36, nays 0, and the Newbill amendment was adopted.
Senator McGuire of the 30th offered the following amendment:
Amend HB 1177 by adding on page 1 line 5 after word "Supplements": ";to amend Code Section 20-2-55, relating to per diem and expenses of members of local boards of education, so as to change the per diem of members of boards of education of certain independent school systems

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JOURNAL OF THE SENATE

Renumber Section 3 to Section 4 on page 4, line 6.
Add, as follows new Section 3 on page 4 after line 5:
Section 3. Code Section 20-2-55, relating to per diem and expenses of members of local boards, is amended by striking subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) In any local school system for which no local Act is passed, members of the local board of education shall, when approved by the local board affected, receive a per diem of $50.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith; provided, however, that in any independent school system with a full-time equivalent (FTE) program count of less than 4,000 students for which no local Act is passed, members of the local board of education may, when approved by the affected local board, receive a. per diem of not less than $50.00 and not more than $100.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board, plus reimbursement for actual expenses. The accounts for such service and expenses shall be submitted for approval to the local school superintendent. In all school districts the compensation of members of local boards shall be paid only from the local tax funds available to local boards for educational purposes."
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 Bowen Brown of 26th BC~!huerteok. ns CCloalyeman
Crotts Day Dean Edge Egan Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill THHTuogokgsm- s IKsaekmspon
Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston R ir,,>xouu-inson flot"ln
btarr Tay'or Thomas Thompson Turner Tysinger

Voting in the negative were Senators Broun of 46th and Farrow.

Those not voting were Senators:

Boshears

Parrish

Langford of 35th (excused)

Walker

On the adoption of the amendment, the yeas were 50, nays 2, and the McGuire amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

TUESDAY, MARCH 8, 1994

1471

On the 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 Bwen Broun of 46th Brown of 26th Burton CChlaeyeks
Coleman
Crotts Day Dean Edge Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks . HIsuakgsgoinns
Kemp
Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd R .lot/in Kaiston "ay ^lot"ln
btarr
Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Boshears Egan

Langford of 35th (excused) Parrish

Robinson Walker

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following bill was taken up to consider House action thereto:

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 effective date and applicability.
The House amendment was as follows:
Amend SB 553 by adding after the word "To" on line 1 of page 1 the following:
"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 House districts; to".
By renumbering Sections 1 through 3 as Sections 2 through 4 respectively and inserting a new Section 1 to read as follows:
"Section 1. 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, is amended by striking the descriptions of House districts No. 33, 34, 36, and 51 and inserting in lieu thereof new descriptions of said districts to read as follows:
'District: 33
COBB COUNTY VTD: 0002 AUSTELL (Part) Tract: 0313.01 Block(s): 310A, 328A, 330A, 337A, 340 Tract: 0313.04 Block(s): 426, 501A, 513, 514, 515A, 520

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JOURNAL OF THE SENATE

Tract: 0314.04 Block(s): 505A, 510A, 5HA
Tract: 0314.98 Block(s): 316, 317, 318, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411A, 412, 413, 414, 415, 416, 417A, 418A, 418B, 419, 420, 421, 423, 508, 510, 511, 513, 517
Tract: 0316.97 Block(s): 117
VTD: 0015 CLARKDALE (Part) Tract: 0314.98 Block(s): 411B, 418D
VTD: 0046 HOWELLS 1 (Part) Tract: 0313.02 Block(s): 111, 117 Tract: 0313.05 Block(s): 209, 210, 219, 227, 228, 901, 902, 917, 918, 922, 923
VTD: 0047 HOWELLS 2 VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 (Part)
Tract: 0313.01 Block(s): 201, 202, 203, 204, 205, 211, 212, 213, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310B, 311, 312, 313, 314, 315, 316, 317, 318, 327, 329, 331, 332, 333, 334, 335, 336
Tract: 0314.04 Block(s): 501A, 502, 503, 504, 505B, 506, 507, 508, 509, 510B
VTD: 0053 MABLETON 2 (Part) Tract: 0313.01
Block(s): 310C, 310D, 319, 320, 321, 322, 323, 324, 325, 326, 328B, 328C, 328D, 330B 337B, 337C, 337D, 337E, 338, 339, 341
Tract: 0313.04 Block(s): 310, 311, 313, 315, 316, 317, 326, 327, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 421A, 423, 501B, 501C, 501D, 501E, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 515B, 516
Tract: 0314.04 Block(s): 501B, 511B
Tract: 0314.98 Block(s): 417B, 417C, 418E, 418F, 418G, 418H
VTD: 0054 MABLETON 3 VTD: 0055 MABLETON 4 (Part)
Tract: 0313.01 Block(s): 206, 207, 208, 209, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 450, 451
VTD: 0080 PEBBLEBROOK VTD: OOA8 SWEETWATER 3 (Part)
Tract: 0314.03 Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114
Tract: 0314.04 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 405, 406
VTD: OOC2 BIRNEY 2
District: 34
COBB COUNTY VTD: 0006 BIG SHANTY 1 (Part) Tract: 0302.04 Block(s): 534C, 534D Tract: 0302.05

TUESDAY, MARCH 8, 1994

1473

Block(s): 913C, 913D Tract: 0302.06
Block(s): 236, 239, 240, 242, 701, 702, 703 Tract: 0302.07
Block(s): 101C, 101D, 101E, 106, 107, 110, 111, 112, 113A, 113E, 115C, 201D, 201E, 202, 701, 702, 703, 704, 705, 706
VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.04 Block(s): 526E, 535B Tract: 0302.05 Block(s): 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912B, 914B, 915B, 916B, 917B Tract: 0302.07 Block(s): 103C, 103D
VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0020 DUE WEST VTD: 0050 KENNESAW 2 (Part)
Tract: 0302.04 Block(s): 307, 319, 533, 534A, 534B
Tract: 0302.05 Block(s): 912A, 913A, 913B, 914A, 915A, 916A, 917A
Tract: 0302.07 Block(s): 101A, 101B, 102, 103A, 103B, 104A, 201A, 201B, 201C
VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07
Block(s): 113B, 113C, 115A, 801A, 802A Tract: 0306.
Block(s): 904, 905 Tract: 0309.01
Block(s): 301A, 302, 303, 304 VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 (Part)
Tract: 0309.01 Block(s): 101B, 301B, 301C, 401C, 501B, 502, 503, 601E, 601L, 601M, 603B, 604B, 701B, 701D
Tract 0309.03 Block(s): 401B, 401C, 403, 404, 405, 406, 407, 501B, 501C, 501D, 502, 503, 504, 505, 506, 507, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613
Tract: 0310.02 Block(s): 211, 212, 224C, 225B, 226, 227, 228
VTD: 0078 OREGON 4 VTD: OOB6 KEMP VTD: OOB8 CHEATHAM HILL 2 (Part)
Tract: 0302.07 Block(s): 115D, 801B, 801C, 802B, 803, 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 821, 822, 824, 825, 826
VTD: OOCl OREGON 5'
'District 36
COBB COUNTY VTD: 0002 AUSTELL (Part) Tract: 0314.04 Block(s): 108A, 108B, 602A, 605A, 609A, 609B, 610A, 611A, 612A Tract: 0314.98 Block(s): 204A, 208A, 250A, 250B, 301A, 302, 303A, 304A, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 319, 320, 321, 322, 501, 502, 503, 504, 505, 506A,

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507, 509, 512, 514, 515A, 516, 518, 519, 520A, 521, 522A, 523A, 523B, 524, 525, 526, 527, 528A, 529A, 604, 606, 608A, 609, 611, 612, 613, 614A, 615A, 618, 619, 620, 621A, 622A, 623, 624, 625, 626, 627, 628, 629, 701A, 702A, 705A, 707, 708, 713A, 713B, 713C, 713D, 716A, 717 VTD: 0015 CLARKDALE (Part) Tract: 0314.04 Block(s): 605B Tract: 0314.98 Block(s): 201, 202, 203, 204B, 205, 206, 207, 208B, 209, 210, 213, 247, 250C, 301B, 303B, 303C, 304B, 304C, 506B, 506C, 515B, 515C, 515D, 515E, 520B, 522B, 523C, 523D, 523E, 528B, 528C, 529B, 601, 602, 603, 605, 607, 608B, 610, 614B, 615B, 616, 617, 621B, 622B, 705B, 706, 712, 713E, 713F, 713G, 714, 715, 716B Tract: 0315.02 Block(s): 516B, 519B, 519C, 519D, 519E, 523B, 524, 528, 529, 530, 610A VTD: 0051 LOST MOUNTAIN VTD: 0052 MABLETON 1 (Part) Tract: 0314.04 Block(s): 601, 602B, 603, 604, 605C, 606, 607, 608, 609C, 610B, 611B, 612B, 612C, 612D Tract: 0314.98 Block(s): 301C VTD: 0056 MACLAND VTD: 0076 OREGON 2 VTD: 0089 POWDER SPRINGS VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 (Part) Tract: 0314.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108C, 109'
'District: 51
COBB COUNTY VTD: 0046 HOWELLS 1 (Part) Tract: 0313.02 Block(s): 110, 112, 113, 114, 115, 116, 118, 201, 901, 902, 903, 904, 916, 917, 922, 923, 925, 926, 927, 928, 929, 930 VTD: 0070 MT. HARMONY VTD: 0073 OAKDALE 1 (Part) Tract: 0312.02 Block(s): 304, 306, 307, 308, 311, 312, 313, 314, 315, 316, 317, 318, 319B, 325B, 329, 330, 335, 338, 341, 403B, 404, 405, 406, 407, 408B, 409, 410, 411, 412, 413B, 414, 415, 416, 417, 418, 419B, 424, 434, 435B, 441, 442, 501, 502, 503, 504, 506, 507, 508, 509, 510, 511, 513, 514, 526, 527
FULTON COUNTY VTD: OOC9 9A VTD: OODl 9B VTD: OOD2 9C VTD: OOD7 9H (Part) Tract: 0087.01 Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 111, 112 Tract: 0087.02 Block(s): 101, 102, 103, 106, 109, 110, 111, 112, 113, 201, 203, 204, 205, 206, 210, 211, 212, 213, 214, 215, 216 VTD: OOEl 9L VTD: OOE3 9N VTD: OOE4 9P

TUESDAY, MARCH 8, 1994

1475

VTD: OOE6 9S VTD: OOF1 10D VTD: OOF2 10E VTD: OOFS 10H VTD: OOF7 10K VTD: 00X7 9T' "
By striking the word "Senate" on line 23 of page 21 and inserting in its place the words "General Assembly".
Senator Blitch of the 7th moved that the Senate agree to the House amendment to SB 553.
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 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 Tysinger

Those not voting were Senators:

Balfour

Parrish

Boshears

Perdue

Langford of 35th (excused)

Turner Walker

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 553.
The President introduced Lee Beth Andrews, the American Heart Association, Heart to Heart Child of the Year.
The President announced that the Senate would stand in recess from 12:07 P.M. until 1:15 P.M.
The President called the Senate to order at 1:15 P.M. 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

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appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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.
The Speaker has appointed on the part of the House, Representatives Coleman of the 142nd, Buck of the 135th and Walker of the 141st.
The Calendar was resumed.

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 portion of the county road system the county shall be required to provide notice of such abandonment in the newspaper in which the sheriff's advertisements for the county are published.

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:

Balfour Baugh Burton Cheeks Co,lyeman
Dean Edge Farrow Glanton

Gochenour Guhl Harbison Hemmer
HTIsuakg, sgoinns Langford of 29th Madden Marable McGuire Newbill

Pollard Ragan of 32nd Ralston Ray
RSG1loob,t.minson Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien
j* Mt{;h Ij^eenarS Broun of 46th Brown of 26th Egan

Gillis Henson
Hill Hooks Kem P Langford of 35th (excused) Middleton

Oliver Parrish
Perdue Ragan of llth Scott Starr Walker

On the passage of the bill, the yeas were 34, nays 0. The bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 8, 1994

1477

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.
Senate Sponsor: Senator Hemmer of the 49th.

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

Gochenour Guhl Harbison Hemmer Henson Hill Huggins Langford of 29th Madden Marable McGuire Newbill

Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien Blitch BBoowsheenars
Broun of 46th Day

Egan Gillis Hooks IKsaekmspon
Langford of 35th (excused) Middleton

Oliver Parrish Perdue
bcott
Starr Taylor

On the adoption of the resolution, the yeas were 36, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsor: Senator Tysinger of the 41st.

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

Those voting in the affirmative were Senators:

Balfour Baugh

Brown of 26th Burton

Cheeks Clay

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JOURNAL OP THE SENATE

Coleman Crotts Day Dean Edge Farrow Glanton Gochenour Harbison Hemmer Henson

Hill Hooks Huggins Langford of 29th Madden Marable McGuire Newbill Pollard Ragan of llth Ragan of 32nd

Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner
Tysinger Walker

Those not voting were Senators:

Abernathy Alien Blitch Boshears Bowen Broun of 46th

Egan Gillis Guhl Isakson Kemp Langford of 35th (excused)

Middleton Oliver Parrish Perdue Scott

On the passage of the bill, the yeas were 39, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
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 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 Newbill

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

TUESDAY, MARCH 8, 1994

1479

Those not voting were Senators:

Abernathy Alien Blitch Boshears

Bowen Kemp Langford of 35th (excused) Middleton

Parrish Perdue Scott

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto:

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.
Senator Hooks of the 14th moved that the Senate adhere to its substitute to HB 1375 and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to its substitute to HB 1375.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Walker of the 22nd, Robinson of the 16th and Hooks of the 14th.
The Calendar was resumed.

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.

Senate Sponsor: Senator Marable of the 52nd.

Senator Isakson of the 21st offered the following amendment:
Amend HB 649 by adding a new 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 of any inspection by the department which is to be unannounced shall be subject to a civil penalty not to exceed $2,000.00."
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:

Balfour Baugh Broun of 46th Brown of 26th Burton

Cheeks Clay Coleman Crotts Day

Dean Edge Egan Farrow Gillis

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Glanton Gochenour
Guhl Harbison HHH,,ueengmsgmoinnesr Isakson Langford of 29th Madden

Marable McGuire
Newbill oliver TP,arri.sh, Pollard Ragan of llth Ragan of 32nd Ralston

Ray Robinson
Slotin gtarr mTh, omas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy
AB}l}i6tc"h Boshears Bowen

Hill Hooks
KemP Langford of 35th (excused)

Middleton Perdue
Scott Taylor

On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

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.
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:

Balfour Baugh 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 Langford of 29th Madden Marable McGuire Newbill

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

Those not voting were Senators:

Abernathy Alien Blitch Bowen

Hooks Kemp Langford of 35th (excused) Middleton

Perdue Scott Starr

TUESDAY, MARCH 8, 1994

1481

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 879. By Representatives Dobbs of the 92nd, Benefield of the 96th and Patton 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 provide a reduced civil penalty for violations of maximum weight provisions for certain vehicles engaged in collecting and transporting municipal solid waste or recovered materials; to provide definitions; to amend Code Section 40-6-203 of the Official Code of Georgia Annotated.
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:

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 HHielnl son Huggins
Isakson Langford of 29th Madden Marable McGuire Newbill

Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston ,, _Ro?b.inson tln
starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien Hooks

Kemp

Perdue

Langford of 35th (excused) Scott

Middleton

Walker

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto:
SB 62. By Senators Henson of the 55th, Thompson of the 33rd, Ragan of the 32nd and others: A bill to amend Code Section 15-12-122 of the Official Code of Georgia Annotated, relating to jury panels for civil actions, so as to change the provisions

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relating to jury panels in civil actions in the state courts and demands for a jury of 12; to provide for applicability; to provide an effective date.

The House substitute was as follows:

A BILL
To be entitled an Act to amend Code Section 15-12-122 of the Official Code of Georgia Annotated, relating to jury panels for civil actions, so as to change the provisions relating to jury panels in civil actions in the state courts and demands for a jury of 12; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-12-122 of the Official Code of Georgia Annotated, relating to jury panels for civil actions, is amended by striking paragraph (2) of subsection (a) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) In all civil actions in the state courts in which the claim for damages is greater than $10,000.00 $25,000.000 or is an action for medical malpractice as defined in subsection (a) of Code Section 9-11-8, either party may demand in writing prior to the commencement of the trial term that the case be tried by a jury of 12. If such a demand is made, the judge shall follow the procedures for superior courts of subsection (b) of this Code section. For purposes of this paragraph a claim shall be presumed to be for an amount greater than $25,000.00 unless the party making the claim stipulates the amount claimed is less than $25,000.00"
Section 2. This Act shall become effective on July 1, 1993, and shall apply to the trial of civil actions in the state courts tried at trial terms commencing after July 1, 1993.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Henson of the 55th moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 62 by deleting on line 2 page 2: "1993" and inserting on line 2 page 2: "1994"
and by deleting on line 4 page 2: "1993" and inserting on line 4 page 2: "1994"
On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th
B" rton
CCoroetmtsan Day U ean Edge Egan Farrow Gillis

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

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

TUESDAY, MARCH 8, 1994

1483

Those not voting were Senators:

Abernathy Alien Bowen

Kemp

Middleton

Langford of 35th (excused) Scott

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 62 as amended by the Senate.
The Calendar was resumed.

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 additional 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.
Senate Sponsor: Senator Thompson of the 33rd.
The Senate Urban and County Affairs Committee offered the following substitute to HB 1506:
A BILL
To be entitled an Act 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 additional instructional requirements for members of county boards of equalization; 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 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, is amended by striking paragraph (2) of subsection (b) and inserting in its place a new paragraph (2) to read as follows:
"(2) (A) Within the first year after tris a member's initial appointment to the board of equalization" on or after January 1, 1981, each member shall satisfactorily complete not less than 40 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner. The failure of any member to fulfill the requirements of this paragraph subparagraph shall render him that member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are rilled.
(B) No person shall be eligible to hear an appeal as a member of a board of equalization on or after January 1, 1995, unless prior to hearing such appeal, that person shall satisfactorily complete the 40 hours of instruction in appraisal and equalization processes and procedures required under subparagraph (B) of this paragraph. Any person appointed to such board shall be required to complete annually a continuing education requirement of at least eight hours of instruction in appraisal and equalization procedures, as prepared and required by the commissioner. The failure of any member to fulfill the requirements of this subparagraph shall render that member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled."
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.
On the adoption of the substitute, the yeas were 39, 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 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:

Alien Balfour Baugh Blitch Boshears
Bowen Broun of 46th
Brown of 26th BQ,urto, n day Coleman C ro tts Day Dean Edge Egan

Farrow Glanton Gochenour Guhl Harbison
Hemmer HensQn
ffiu uHooki s Huggins Isakson Langford of 29th Madden Marable McGuire Newbill

Oliver Parrish Perdue Pollard Ragan of llth
Ragan of 32nd Ralston
R rR> otb-inson Slotin Starr Taylor Thomas Thompson Tysinger Walker

Those not voting were Senators:

Abernathy Gillis Kemp

Langford of 35th (excused) Middleton

Scott Turner

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 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 appointment 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.
Senate Sponsor: Senator Tysinger of the 41st.
Senator Clay of the 37th offered the following substitute to HB 1504:
A BILL
To be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for arbitration as an alternate method of appealing a decision of the county board of tax assessors; to change certain provisions regarding notice of changes in taxpayers' returns; to provide for the appointment of arbitrators; to provide procedures for arbitration; to change certain references to laws; to provide for temporary tax bills during the pendency of a tax appeal; to provide for notice and procedures; to change certain provisions regarding interest on certain taxpayer refunds; to provide for exemptions from interest; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 8, 1994

1485

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, is amended by striking subsection (b) of Code Section 48-5-306, relating to notice of changes in taxpayers' returns, and inserting in its place a new subsection (b) to read as follows:
(b) Contents of notice. The notice required to be given by the county board of tax assessors under subsection (a) of this Code section shall be dated and shall contain the name and last known address of the taxpayer. If the assessment of the value of the taxpayer's property is changed, the notice shall contain the amount of the previous assessment, the amount of the current assessment, and the year for which the new assessment is applicable. In all cases, the notice shall contain a brief description of the assessed property broken down into real and personal property classifications, the fair market value of property of the taxpayer subject to taxation, and the assessed value of the taxpayer's property subject to taxation after being reduced. In addition to the foregoing, the notice shall contain a statement of the taxpayer's right to an appeal, which statement shall be in substantially the following form:
'The amount of your ad valorem tax bill for this year will be based on the appraised and assessed values specified in this notice. You have the right to appeal these values to the county board of tax assessors and either followed by an appeal to the county board of equalization or to arbitration and in either case, to appeal to the superior court.
If you wish to file an appeal, you must do so in writing no later than 30 days after the date of this notice. If you do not file an appeal by this date, your right to file an appeal will be lost. For further information on the proper method for filing an appeal, you may contact the county board of tax assessors which is located at: (insert address) and which may be contacted by telephone at: (insert telephone number).'"
Section 2. Said part is further amended by striking in their entirety subsections (e) through (i) of Code Section 48-5-311, relating to the creation of county boards of equalization and their duties, and inserting in lieu thereof new subsections (e) through (j) to read as follows:

(1) Any resident or nonresident taxpayer may appeal from an assessment by the county board of tax assessors to the county board of equalization or to an arbitrator or arbitrators as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemptions; . Appeals to the county board of equalization shall be conducted in the manner provided in paragraph (2) of this subsection. Appeals to an arbitrator or arbitrators shall be conducted in the manner specified in subsection (f) of this Code section.
(2) (A) An appeal shall be effected by filing with the county board of tax assessors a notice of appeal within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306 except that for counties or municipal corporations providing for the collection and payment of ad valorem taxes in installments the time for filing the notice of appeal shall be 30 days. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. Such notice shall also explain the taxpayer's right to appeal to the county board of equalization as provided in

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subparagraph (C) of this paragraph if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors.
(B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer and to the county board of equalization which notice shall also constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The county board of tax assessors shall also send or deliver all necessary papers to the county board of equalization.
(C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If the taxpayer is dissatisfied with such changes or corrections, the taxpayer shall, within 21 days of the date of mailing of the change notice, institute an appeal to the county board of equalization by sending a written notice of appeal to the county board of tax assessors. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization.
(3) Reserved.
(4) The determination by the county board of tax assessors of questions of fact shall be prima-facie correct in any appeal to the county board of equalization.
(5) (A) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board.
(B) The commissioner, by regulation, may adopt uniform procedures and standards which, when approved by the State Board of Equalization, shall be followed by county boards of equalization in determining appeals.
(6) (A) Within 15 days of the receipt of the notice of appeal, the county board of equalization shall set a date for a hearing on the questions presented and shall so notify the taxpayer and the county board of tax assessors in writing. A taxpayer may appear before the board concerning any appeal in person, by his or her authorized agent or representative, or both. The taxpayer shall specify in writing to the board the name of any such agent or representative prior to any appearance by the agent or representative before the board.
(B) Within 30 days of the date of notification to the taxpayer of the hearing required in this paragraph but not earlier than 20 days from the date of such notification to the taxpayer, the county board of equalization shall hold such hearing to determine the questions presented.
(C) (i) The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection 4h) (i) of this Code section, and shall certify the date on which notice of the decision is given to~the parties. Notice of the decision shall be given to each party by sending a copy of the decision by registered or certified mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote.
(ii) Except as otherwise provided in subparagraph (f)(4)(B) (g)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county for the year in question and shall indicate such valuation as the previous year's value on the property tax notice of assessment of such taxpayer for the immediately following year rather than substituting the valuation which was changed by the county board of equalization.
(iii) (I) If the tax digest for the county for the year in question is prepared and the county's tax bills are issued before the county board of equalization has rendered its

TUESDAY, MARCH 8, 1994

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decision on property which is on appeal, the county board of tax assessors shall se specify to the county tax commissioner the higher of the undisputed amount of the valuation of such property or the previous ycar'a valuation of such property in compiling the tax digest, and tax bills will taxpayer's return valuation or 85 percent of the current year's valuation as set by the county board of tax assessors. This amount shall be the basis for a temporary tax bill to be issued, baaed on such value Such tax bill shall be accompanied by a notice to the taxpayer that tne bill is a temporary tax bill pending the outcome of the appeal process. Such notice shall also indicate that upon resolution of the appeal, there may be additional taxes due or a refund issued.
(II) If the final determination of the value on appeal is less than the valuation thus used, the taxpayer shall receive a deduction in his such taxpayer's taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from the date November 15 of the taxable year in question or the date the final installment of the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00.
(III) If the final determination of value on appeal is greater than the valuation thus used, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the rate as specified in Code Section 482-35. Such interest shall accrue from the date November 15 of the taxable year in question or the date the final installment of the taxes would have been due absent the appeal tax was due to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days. Any taxpayer shall be exempt each taxable year from any such interest owed under this subdivision with respect to such taxpayer's homestead property.
(7) The county governing authority shall furnish the county board of equalization necessary facilities and secretarial and clerical help. The secretary of the county board of tax assessors shall see that the records and information of the county board of tax assessors are transmitted to the county board of equalization. The county board of equalization must consider in the performance of its duties the information furnished by the county board of tax assessors.
(8) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county conducted^ pursuant to Code Section 48-5-274. The board must consider the study upon any such request.
(f) Arbitration.
(1) At the option of the taxpayer an appeal shall be submitted to arbitration.
(2) Following an election by the taxpayer under paragraph (1) of this subsection, an arbitration appeal shall be effected by the taxpayer's filing a written notice of arbitration with the county board of tax assessors. The notice of arbitration shall specifically state the grounds for arbitration. The notice shall be filed within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306 except that for counties or municipal corporations providing for the collection and payment of ad valorem taxes in installments the time for filing the notice of appeal shall be 30 days. The county board of tax assessors shall certify to the clerk of the superior court the notice of arbitration and any other papers specified by the person seeking arbitration including, but not limited to, the staff information from tEe file used by the county board of tax assessors. All papers and information certified to the clerk shall become a part of the record on arbitration. Within 15 days of the filing of the certification to the clerk of the superior court, the judge shall issue an order authorizing the arbitration and appointing a referee.
(3) The arbitration of the correctness of the decision of the county board of tax assessors shall be conducted pursuant to the procedures outlined in Article 2 of Chapter 9"oT Title 9 with the following exceptions:

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(A) If both parties agree, the matter may be submitted to a single arbitrator. If both parties agree, the referee may serve as the single arbitrator;
(B) If the parties do not agree to a single arbitrator, then three arbitrators shall hear the appeal. Such arbitrators shall be appointed as provided in Code Section 9-9-67. If one or both parties are unable to select an arbitrator, the appeal shall be heard by a single arbitrator who shall be appointed by the judge of the superior court as provided in Code Section 9-1MS7;
(C) In order to be qualified to serve as an arbitrator, a person must be at least a registered real estate appraiser as classified by the Georgia Real Estate Appraisers Board;
(D) The arbitrator or a majority of the arbitrators, as applicable, within 30 days after their appointment shall render a decision regarding the correctness of the decision of the county board of tax assessors and, if correction of the decision is required, regarding the extent and manner in which the decision should be corrected. The decision of the arbitrator or arbitrators, as applicable, may be appealed to the superior court in the same manner as a decision of the board of equalization; and
(E) The taxpayer shall be responsible for the fees and costs of such taxpayer's arbitrator and the county shall be responsible for the fees and costs of such county's arbitrator. The two parties shall each be responsible for one-half of the fees and costs of the third arbitrator. In the event the appeal is submitted to a single arbitrator, the two parties shall each be responsible for one-half of the fees and costs of such arbitrator.
4$ (g) Appeals to the superior court.
(1) The taxpayer or, except as otherwise provided in this paragraph, the county board of tax assessors may appeal decisions of the county board of equalization, the arbitrator, or the arbitrators, as applicable, to the superior court of the county in which the property lies. A county board of tax assessors may not appeal a decision of the county board of equalization changing an assessment by 15 percent or less unless the board of tax assessors gives the county governing authority a written notice of its intention to appeal and within ten days of receipt of the notice the county governing authority by majority vote does not prohibit the appeal. In the case of a joint city-county board of tax assessors, such notice shall be given to the city and county governing authorities, either of which may prohibit the appeal by majority vote within the allowed period of time.
(2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by filing a written notice of appeal with the county board of tax assessors. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and shall contain the name and the last known address of the taxpayer. The notice of appeal shall specifically state the grounds for appeal. The notice in either case shall be filed within 30 days from the date on which the decision of the county board of equalization is mailed pursuant to subparagraph (e)(6)(C) of this Code section or within 30 days frorn the date on which the arbitration decision is rendered pursuant "to subparagraph (f)(3)(D) of this Code section, whichever is applicable. The county board of tax assessors shall certify to the clerk of the superior court the notice of appeal and any other papers specified by the person appealing including, but not limited to, the staff information from the file used by either the county board of tax assessors or the county board of equalization. All papers and information certified to the clerk shall become a part of the record on appeal to the superior court.
(3) The appeal shall constitute a de novo action.
(4) (A) The appeal shall be heard before a jury at the first term following the filing of the appeal. If only questions of law are presented in the appeal, the appeal shall be heard as soon as practicable before the court sitting without a jury. Each hearing before the court sitting without a jury shall be held within 40 days following the date on which the appeal is filed with the clerk of the superior court.
(B) The county board of tax assessors shall use the valuation of the county board of

TUESDAY, MARCH 8, 1994

1489

equalization in compiling the tax digest for the county. If the final determination of value on appeal is less than the valuation set by the county board of equalization, the arbitrator, or the arbitrators, as applicable, the taxpayer shall receive a deduction in his such taxpayer's taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from the date November 15 of the taxable year in question or the date the final installment of the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00. If the final determination of value on appeal is greater than the valuation set by the county board of equalization, the arbitrator, or the arbitrators, as applicable, the taxpayer shall be liable for the increaseTn taxes for the year in question due to the increased valuation fixed on appeal with interest at the same rate as specified in Code Section 48-2-35. Such interest shall accrue from the date the taxes would have been due absent the appeal November 15 of the taxable year in question or the date the final installment of tax was due to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days. Any taxpayer shall be exempt each taxable year from any such interest owed under this subparagraph with respect to such taxpayer's homestead property.
{g) (h) Alternate members. Alternate members of the county board of equalization in the order in which selected shall serve:
(1) As members of the county board of equalization in the event there is a permanent vacancy on the board created by the death, ineligibility, removal from the county, or incapacitating illness of a member or by any other circumstances. An alternate member who fills a permanent vacancy shall be considered a member of the board for the remainder of the unexpired term;
(2) In any appeal with respect to which a member of the board is disqualified and shall be considered a member of the board; or
(3) In any appeal at a regularly scheduled or called meeting in the absence of a member and shall be considered a member of the board.
4h} (i) Disqualification.
(1) No member of the county board of equalization shall serve with respect to any appeal concerning which he or she would be subject to a challenge for cause if he or she were a member of a panel of jurors in a civil case involving the same subject matter!
(2) The parties to an appeal to the county board of equalization shall file in writing with the appeal, in the case of the person appealing, or, in the case of the county board of tax assessors, with the certificate transmitting the appeal, questions relating to the disqualification of members of the county board of equalization. Each question shall be phrased so that it can be answered by an affirmative or negative response. The members of the county board of equalization shall, in writing under oath within two days of their receipt of the appeal, answer the questions and any question which may be adopted pursuant to subparagraph (e)(5)(B) of this Code section. Answers of the county board of equalization shall be part of the decision of the board and shall be served on each party by first-class mail. Determination of disqualification shall be made by the judge of the superior court upon the request of any party when the request is made within two days of the response of the board to the questions. The time prescribed under subparagraph (e)(6)(A) of this Code section shall be tolled pending the determination by the judge of the superior court.
{*)--(j) Compensation. Each member of the county board of equalization shall be compensated by the county per diem for time expended in considering appeals. The compensation shall be paid at a rate of not less than $25.00 per day and shall be determined by the county governing authority. The attendance at required approved appraisal courses shall be part of the official duties of a member of the board, and he or she shall be paid for each day in attendance at such courses and shall be allowed reasonable expenses necessarily incurred in connection with such courses. Compensation pursuant to this subsection shall be

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paid from the county treasury upon certification by the member of the days expended in consideration of appeals."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th asked unanimous consent that his substitute to HB 1504 be withdrawn.
The consent was granted and the substitute offered by Senator Clay of the 37th was withdrawn.
Senator Egan of the 40th offered the following amendment:
Amend HB 1504 by adding "Section 4. This Act shall become effective on January 1, 1995."
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Alien Farrow Gillis

Henson Kemp Langford of 35th (excused) Middleton

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 as amended.
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. Senate Sponsor: Senator Thomas of the 10th.

TUESDAY, MARCH 8, 1994

1491

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 Bill Cummings, Chairman House Retirement Committee State Representative State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification House Bill 1723 (LC 21 2673EC) Regents Retirement System
Dear Representative Cummings:
This bill provides that the board of trustees of the Regents Retirement Plan may set the amount of employee contribution to the retirement plan at a percentage of compensation which shall not be less than 5 percent nor more than the current rate of 6 percent.
This is to certify that this is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law.

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:

Those voting in the affirmative were Senators:

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

Egan Farrow Glanton Gochenour
Guhl Harbison HHeenmsmoner Huggins
Langford of 29th Madden Marable McGuire Oliver

Parrish Perdue Pollard Ragan of llth
Ralston D av ,,,loytm. tarr
Tay'or Thomas Thompson Turner Tysinger

Voting in the negative were Senators Newbill and Ragan of 32nd.

Those not voting were Senators:

Abernathy Alien

Hooks

Robinson (excused

Isakson (excused conferee) conferee)

Gfflta Hill

Sford of 35th (excused) Scott (excused conferee)

Middleton

Walker

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 41, nays 2. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Tysinger of the 41st.

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

Those voting in the affirmative were Senators:

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 Huggins Langford of 29th Madden Marable McGuire Newbill

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

Those not voting were Senators:

Abernathy Alien Hooks Isakson (excused conferee) Kemp

Langford of 35th (excused) Middleton Robinson (excused
conferee)

Scott (excused conferee) Thomas

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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.
Senate Sponsor: Senator Harbison of the 15th.

TUESDAY, MARCH 8, 1994

1493

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 9, 1994
The Honorable Jeanette Jamieson State Representative Legislative Office Building, Room 607 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1221/CSFA (LC 10 0646S) Prestige License Plates and Special Plates
Dear Representative Jamieson:
This bill would provide special license plates for members of the State Board of Transportation for a manufacturing fee of $25 and an additional annual fee of $25. This bill also provides for retired members of the Georgia National Guard to receive one specialized license plate free of charge and to receive an additional specialized license plate with payment of a manufacturing fee of $25 and an additional annual fee of $25.
This bill would have an impact on state revenue. The provision for the members of the State Transportation Board to apply for distinctive license plates will have a minimal positive impact on revenue. The provision for retired members of the Georgia National Guard to receive a free special and distinctive license plate would result in a cost of approximately $0.3 million in fiscal year 1995.
Sincerely,
M Claude L. Vickers State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget
Senator Oliver of the 42nd offered the following amendment:
Amend HB 1221 by striking on page 1, lines 14 through 27 and on page 2, lines 1 through 13;
and by renumbering the subsequent sections accordingly;
and by striking on page 1 lines 4 and 5
and inserting in lieu thereof: "vehicles; to provide"
On the adoption of the amendment offered by Senator Oliver of the 42nd, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears
nBroun off BCluaryton
Coleman Day Egan

Farrow Glanton Gochenour
G,,uhl "Hiel,ml mer
Hooks Madden McGuire

Newbill Oliver Ragan of llth Ragan of 32nd
Slotm.
Starr Turner Tysinger

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Baugh Brown of 26th Cheeks Crotts Dean Edge Gillis

Harbison Henson Huggins Langford of 29th Marable Parrish

Perdue Pollard Ralston Taylor Thompson Walker

Those not voting were Senators:

Abernathy Alien Isakson (excused conferee) Kemp

Langford of 35th (excused) Middleton Robinson (excused
conferee)

Scott (excused conferee) Thomas

On the adoption of the amendment, the yeas were 28, nays 19, 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 Cheeks Clay Day Dean Edge Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Hill Hooks Huggins Langford of 29th Madden Marable McGuire Oliver

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

Those voting in the negative were Senators:

Burton Coleman

Crotts Egan

Henson Newbill

Those not voting were Senators:

Abernathy Alien Isakson (excused conferee) Kemp

Langford of 35th (excused) Middleton Robinson (excused
conferee)

Scott (excused conferee) Thomas Tysinger

On the passage of the bill, the yeas were 40, nays 6. The bill, having received the requisite constitutional majority, was passed as amended.

TUESDAY, MARCH 8, 1994

1495

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 1847. By Representatives Martin of the 47th and McKinney of the 51st:
A bill to amend an Act providing for urban enterprise zones in the City of Atlanta and known as the "Atlanta Urban Enterprise Zone Act," so as to provide for mixed-use commercial and industrial purposes zones and mixed-use residential and commercial purposes zones.
HB 1911. By Representatives Burkhalter of the 41st, Trense of the 44th and Campbell of the 42nd:
A bill to increase the homestead exemption from City of Alpharetta ad valorem taxes for certain residents thereof who are 65 years of age or over and for other residents thereof who are 70 years of age or over.
HB 1986. By Representatives Ashe of the 46th and Irvin of the 45th:
A bill to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb, so as to regulate the receipt and investigation of complaints or information from municipal employees concerning fraud, waste, and abuse in or relating to any municipal programs or operations.
HB 2012. By Representative Barfoot of the 155th:
A bill to provide a new charter for the City of Vidalia in Toombs County.
HB 2023. By Representative Twiggs of the 8th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, so as to repeal the provisions relating to purchases by the board of commissioners.
HB 2024. By Representatives Childers of the 13th, Smith of the 12th and Perry of the llth:
A bill to amend an Act providing for the method of filling vacancies in the membership of the Hospital Authority of Floyd County, so as to change the method of filling such vacancies.
HB 2025. By Representative Smith of the 109th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to change the reference to city administrator to city manager; to delete the provisions providing for a director of utilities and public works; to provide for supervisors.
HB 2026. By Representative Breedlove of the 85th:
A bill to provide a homestead exemption from all City of Sugar Hill ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $2,000.00 of the assessed value of the homestead for residents of the City of Sugar Hill who are 65 years of age or over.
HB 2027. By Representatives Walker of the 141st, Ray of the 128th and Watson of the 139th:
A bill to amend an Act creating the Perry-Fort Valley Airport Authority, so as to change the composition of the authority; to change the political subdivisions of the state represented on the authority; to change the name of the authority.

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JOURNAL OF THE SENATE

The following bills of the House were read the first time and referred to committees:
HB 1847. By Representatives Martin of the 47th and McKinney of the 51st: A bill to amend an Act providing for urban enterprise zones in the City of Atlanta and known as the "Atlanta Urban Enterprise Zone Act," so as to provide for mixed-use commercial and industrial purposes zones and mixed-use residential and commercial purposes zones.
Referred to Committee on Urban and County Affairs.
HB 1911. By Representatives Burkhalter of the 41st, Trense of the 44th and Campbell of the 42nd: A bill to increase the homestead exemption from City of Alpharetta ad valorem taxes for certain residents thereof who are 65 years of age or over and for other residents thereof who are 70 years of age or over.
Referred to Committee on Urban and County Affairs.
HB 1986. By Representatives Ashe of the 46th and Irvin of the 45th: A bill to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb, so as to regulate the receipt and investigation of complaints or information from municipal employees concerning fraud, waste, and abuse in or relating to any municipal programs or operations.
Referred to Committee on Urban and County Affairs.
HB 2012. By Representative Barfoot of the 155th: A bill to provide a new charter for the City of Vidalia in Toombs County.
Referred to Committee on Urban and County Affairs.
HB 2023. By Representative Twiggs of the 8th: A bill to amend an Act creating the Board of Commissioners of Rabun County, so as to repeal the provisions relating to purchases by the board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 2024. By Representatives Childers of the 13th, Smith of the 12th and Perry of the llth: A bill to amend an Act providing for the method of filling vacancies in the membership of the Hospital Authority of Floyd County, so as to change the method of filling such vacancies.
Referred to Committee on Urban and County Affairs.
HB 2025. By Representative Smith of the 109th: A bill to amend an Act providing a new charter for the City of Barnesville, so as to change the reference to city administrator to city manager; to delete the provisions providing for a director of utilities and public works; to provide for supervisors.
Referred to Committee on Urban and County Affairs.
HB 2026. By Representative Breedlove of the 85th: A bill to provide a homestead exemption from all City of Sugar Hill ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded

TUESDAY, MARCH 8, 1994

1497

indebtedness, in the amount of $2,000.00 of the assessed value of the homestead for residents of the City of Sugar Hill who are 65 years of age or over.
Referred to Committee on Urban and County Affairs.

HB 2027. By Representatives Walker of the 141st, Ray of the 128th and Watson of the 139th:
A bill to amend an Act creating the Perry-Fort Valley Airport Authority, so as to change the composition of the authority; to change the political subdivisions of the state represented on the authority; to change the name of the authority.
Referred to Committee on Urban and County Affairs.
The Calendar was resumed.

HB 1513. By Representative Hanner of the 159th:
A bill to amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and size limits of certain 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.
Senate Sponsor: Senator Gillis of the 20th.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Alien Edge Isakson (excused conferee) Kemp

Langford of 35th (excused) Middleton Robinson (excused
conferee)

Scott (excused conferee) Starr

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Henson of the 55th.

Senators Starr of the 44th and Perdue of the 18th offered the following amendment:
Amend HB 800 by deleting the figure of $15.00 on lines 6, 10, 11 and 29 on page 3
And inserting the figure $25.00 in its place.
On the adoption of the amendment, the yeas were 29, nays 2, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Hill Hooks Huggins Langford of 29th Madden Marable McGuire Newbill

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

Voting in the negative was Senator Egan.

Those not voting were Senators:

Alien Isakson (excused conferee) Kemp Langford of 35th (excused)

Middleton Robinson (excused
conferee)

Scott (excused conferee)

On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed as amended.
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 Annotated, relating to state board authority to prescribe textbooks, so as to

TUESDAY, MARCH 8, 1994

1499

provide for state board authority to regulate the definition of the term "textbook" to include systematically designed material in any medium within that definition.
Senate Sponsor: Senator Ralston of the 51st.
The Senate Education Committee offered the following amendment:
Amend HB 1702 by striking from line 20 of page 1 the word "principle" and inserting in lieu thereof the word "principal".
On the adoption of the amendment, the yeas were 34, nays 0, and the committee amendment was adopted.
Senators Gochenour of the 27th, Glanton of the 34th, Newbill of the 56th and others offered the following substitute to HB 1702:
A BILL
To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for state board authority to regulate the definition of the term "textbook" to include systematically designed material in any medium within that definition; to provide for regulations of multiple listings of textbooks; 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; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking Code Section 20-2-1010, relating to state board authority to prescribe textbooks, and inserting in its place a new Code Section 20-2-1010 to read as follows:
"20-2-1010. The State Board of Education is authorized to prescribe, by regulation, the textbooks definition of the term 'textbook' to include but not be limited to systematically designed material in any medium, print or nonprint, that constitutes the principal source of study for a state funded course and to prescribe the textbooks to be used in the various grades in the public schools of this state, including the elementary grades and high school grades. The state board may provide, by regulation, for multiple listings of booka textbooks for use in the various grades and may, in its discretion, authorize the county local school superintendents or the superintendents of independent school systems to exercise a choice as between books textbooks so listed or adopted for any particular grade."
Section 2. Said chapter is further amended by adding at the end thereof a new Article 30 to read as follows:
"ARTICLE 30
20-2-2030. This article shall be known and may be cited as the 'American Heritage in Education Act.'
20-2-2031. (a) Local school boards may allow and encourage any teacher or administrator in a public school district of this state to read or post in a public school building or classroom or at an event sponsored by a public school or public school district excerpts, portions, or replicas of the following affirmations or documents of American heritage:
(1) The United States Constitution, including the preamble; and
(2) The Constitution of Georgia, including the preamble;
(3) The Declaration of Independence;
(4) The Mayflower Compact;
(5) The national motto, 'In God We Trust';

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(6) The national anthem;
(7) The Pledge of Allegiance;
(8) The writings, speeches, documents, and proclamations of any of the signers of the Declaration of Independence, signers of the Constitution of the United States, or Presidents of the United States;
(9) Organic documents from the precolonial, colonial, revolutionary, federalist, and postfederalist eras;
(10) United States Supreme Court decisions.
(b) There shall be no content based censorship of American history or heritage in this state based on religious or other references in these writings, documents, affirmations, or records.
20-2-2032. On July 1, 1994, a copy of this article shall be distributed to all school districts in the state by the State School Superintendent, whereupon local superintendents shall then distribute it to all schools within the local school district."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour 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:

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

Henson Hill Hooks Huggins Langford of 29th Madden Marable Oliver Parrish Perdue Pollard

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

Those not voting were Senators:

Alien Blitch

Kemp

Middleton

Langford of 35th (excused)

On the adoption of the substitute, the yeas were 18, nays 33; and the Gochenour et al. substitute was lost.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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1501

On the 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
oBroun off BBruorwtonn of 26th Cheeks Clay Coleman Crotts Day Dean Edge

Egan Farrow Gillis
Gochenour Guhl Harbison
RHemmer S,,.',,11 , Hooks Huggins Isakson Kemp Langford of 29th Marable McGuire

Newbill Oliver Perdue
Pollard Ragan of 32nd Ralston
RRoaybinson f01lot.i.n Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Langford of 35th (excused) Middleton

Madden

Parrish

Ragan of llth Scott

On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed as amended.

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 Authority 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 successors are appointed and qualified.

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 Hemmer Henson Hill

Hooks Huggins Kemp Langford of 29th Madden Marable McGuire Newbill Oliver Parrish Perdue Pollard Ragan of llth

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Ragan of 32nd Ralston Ray Robinson

Slotin Taylor Thomas

Thompson Turner Tysinger

Those not voting were Senators:

Cheeks

Middleton

Isakson

Scott

Langford of 35th (excused)

Starr Walker

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Thompson of the 33rd.

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

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Kemp Madden Marable McGuire Newbill Oliver

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

Those not voting were Senators:

Cheeks Coleman Isakson

Langford of 35th (excused) Middleton

Langford of 29th

Scott

On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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1503

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.
Senate Sponsor; Senator Thompson of the 10th.

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

Those voting in the affirmative were Senators:

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

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

Those not voting were Senators:

Blitch Cheeks Egan

Langford of 35th (excused) Perdue

Middleton

Scott

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.
The President introduced John Hunt of Tifton, Georgia, commended by SR 601, previously adopted, who addressed the Senate briefly.
Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.
The Calendar was resumed.
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. Senate Sponsor: Senator Edge of the 28th.

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The Senate Special Judiciary Committee offered the following substitute to HB 1405:
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 provide for release of medical records to certain entities; to provide that the Department of Human Resources has appeal rights independent from those enumerated specifically for patients; 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 37-3-150, relating to rights of mentally ill patients, in its entirety and inserting in lieu thereof the following:
"37-3-150. The patient, to the patient's representatives, or his the patient's attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he or she is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court, as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for feint the patient by the court. The appeal rights provided to the patient, the patient's representatives, ^r the patient's attorney in this section are in addition to any other appeal rights which the parties may have, and the provision of the right for the patient, the patient's representatives, or the patient's attorney to appeal does not deny the right to the Department of Human Resources to appeal under the general appeal provisions of Code Sections 5-3-2 and 5-3-3."
Section 2. Said title is further amended by striking Code Section 37-3-166, relating to the maintenance, confidentially, and release of clinical records relative to mental illness, and inserting instead the following:
"37-3-166. (a) A clinical record for each patient shall be maintained. Authorized release of the record shall include but not be limited to examination of the originaTrecord, copies of all or any portion of the record, or disclosure of information from the record, except for matters privileged under the laws of this state. Such examination shall be conducted on hospital premises at reasonable times determined by the facility. The clinical record shall not be a public record an no part of it shall be released except:
(1) When the chief medical officer of the facility where the record is kept deems it essential for continued treatment, a copy of the record or parts thereof may be released to physicians or psychologists when and as necessary for the treatment of the patient;
(2) A copy of the record may be released to any person or entity designated in writing by the patient or, if appropriate, by hia parent or guardian the parent of a minor, the legal guardian of an adult or minor, or a person to whom legal custody of a minor patient has been given by order of a court;
(2.1) A copy of the record of a deceased patient or deceased former patient may be released to or in response to a valid subpoena of a coroner or medical examiner under Chapter 16 of Title 45, except for matters privileged under the laws of this state;
(3) When a patient is admitted to a facility, a copy of the patient's record or information contained in the record at from another facility, community mental health center, or in the records of a private practitioner may be released to the admitting facility.

TUESDAY, MARCH 8, 1994

1505

When the service plan of a patient involves transfer of that patient to another facility, community mental health center, or private practitioner, a copy of the patient's record or information contained in the record may be released to that facility, community mental health center, or private practitioner;
(4) The A copy of the record or any part thereof may be disclosed to any employee or staff member of the facility when it is necessary for the proper treatment of the patient;
(5) The A copy of the record shall be released to the patient's attorney if the attorney so requests and the patient, or the patient's legal guardian, consents to the release;
(6) In a bona fide medical emergency, as determined by a physician treating the patient, the chief medical officer may release a copy of the patient's record to the treating physician or to the patient's psychologist;
(7) At the request of the patient, the patient's legal guardian, or hts the patient's attorney, the record shall be produced by the entity having custody thereof at any hearing held under this chapter;
(8) The A copy of the record shall be produced in response to a valid subpoena or order of any court of competent jurisdiction, except for matters privileged under the laws of this state;
(8.1) A copy of the record may be released to the legal representative of a deceased patient's estate, except for matters privileged under the laws of this state;
(9) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of a criminal investigation may be informed as to whether a person is or has been a patient in a state facility, as well as the patient's current address, if known?; and
(10) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of investigating the commission of a crime on the premises of a facility covered by this chapter or against facility personnel or a threat to commit such a crime may be informed as to the circumstances of the incident, including whether the individual allegedly committing or threatening to commit a crime is or has been a patient in the facility, and the name, address, and last known whereabouts of any alleged patient perpetrator.
(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40, or 43-39-16.
(c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40, or 43-39-16.
(d) When a sheriff transports an adult involuntary patient to a facility, that sheriff may request in writing that a notice of such patient's discharge be given to the sheriff; and such notice shall be provided if such patient or the patient's guardian consents in writing to the disclosure or if, in its discretion, the court ordering the involuntary treatment provides for such notice in the order issued pursuant to Code Section 37-3-81.1."
Section 3. Said title is further amended by striking Code Section 37-4-110, relating to rights of mentally retarded clients, and inserting in its place a new Code Section 37-4-110 to read as follows:
"37-4-110. The client, his the client's representatives, or his the client's attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the

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juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The client must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he or she is unable to pay costs. The client shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court as provided by law. The client shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for hhft the client by the court. The appeal rights provided to the client, the client's representatives, or the client's attorney in this section are in addition to any other appeal rights which the parties may have, and the provision of the right for the client, the client's representatives, or the client's attorney to appeal does not deny the right to the Department of Human Resources to appeal under the general appeal provisions of Code Sections 5-3-2 and 5-3-3"?"
Section 4. Said title is further amended by striking Code Section 37-4-125, relating to the maintenance, confidentiality, and release of clinical records relative to mental retardation, and inserting instead the following:
"37-4-125. (a) A clinical record for each client shall be maintained. Authorized release of the record shall include but not be limited to examination of the original record, copies of all or any portion of the record, or disclosure of information from the record, except for matters privileged under the laws of this state. Such examination shall be conducted on hospital premises at reasonable times determined by the facility. The clinical record shall not be a public record and no part of it shall be released except:
(1) When the superintendent of the facility where the record is kept deems it essential for continued habilitation, a copy of the record or parts thereof may be released to persons in charge of a client's habilitation when and as necessary for the habilitation of the client;
(2) A copy of the record may be released to any person or entity designated in writing by the client or, if appropriate, by hia parent or guardian the parent of a minor, the legal guardian of an adult or minor, or a person to whom legal custody of a minor client has been given by order of a court;
(2.1) A copy of the record of a deceased client or deceased former client may be released to or~ in response to a valid subpoena of a coroner or medical examiner under Chapter 16 of Title 45, except for matters privileged under the laws of this state;
(3) When the habilitation plan of the client involves transfer of that client to another facility or involves the receipt of community services by the client, a copy of the record may be released to that facility or to that entity rendering such community services;
(4) 3%e A copy of the record or any part thereof may be disclosed to any employee or staff member of the facility when it is necessary for the proper habilitation of the client;
(5) The A copy of the record shall be released to the client's attorney if the attorney so requests and the client, or the client's legal guardian, consents to the release;
(6) In a bona fide medical emergency, as determined by a physician treating the client, the superintendent may release a copy of the client's record to the treating physician;
(7) At the request of the client, the client's legal guardian, or his the client's attorney, the record shall be produced by the entity having custody thereof at any hearing held under this chapter;
(8) The A copy of the record shall be produced in response to a valid subpoena or order of any court of competent jurisdiction, except for matters privileged under the laws of this state;

TUESDAY, MARCH 8, 1994

1507

(8.1) A copy of the record may be released to the legal representative of a deceased client's estate, except for matters privileged under the laws of this state.
(9) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of a criminal investigation may be informed as to whether a person is or has been a client in a state facility, as well as the client's current address, if known;
(10) Parts A copy of the client's clinical record may be released under the conditions and for the uses and purposes set forth in Code Section 31-7-6r; and
(11) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of investigating the commission of a crime on the premises of a facility covered by this chapter or against facility personnel or a threat to commit such a crime may be informed as to the circumstances of the incident, including whether the individual allegedly committing or threatening to commit a crime is or has been a client in the facility, and the name, address, and last known whereabouts of any alleged client perpetratorT
(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the client shall be authorized to give evidence as to any matter concerning the client, including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40, or 43-39-16.
(c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged client information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by subsection (a) of this Code section shall not be liable to the client or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40, or 43-39-16."
Section 5. Said title is further amended by striking Code Section 37-7-150, relating to the rights of alcoholic and drug dependent patients, and inserting in its place a new Code section 37-7-150 to read as follows:
"37-7-150. The patient, his the patient's representatives, or his the patient's attorney may appeal any order of the probate court of hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he or she is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court, as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him the patient by the court. The appeal rights provided to the patient, the patient's representatives, oFthe patient's attorney in this section are in addition to any other appeal rights which the parties may have, and the provision of the right for the patient, the patient's representatives, or the patient's attorney to appeal does not deny the right to the Department of Human Resources to appeal under the general appeal provisions of Code Sections 5-3-2 and 5-3-3."
Section 6. Said title is further amended by striking Code Section 37-7-166, relating to the maintenance, confidentiality, and release of clinical records relative to alcohol or drug abuse, and inserting instead the following:
"37-7-166. (a) A clinical record for each patient shall be maintained. Authorized release of the record shall include but not be limited to examination of the original record, copies of all or any portion of the record, or disclosure of information from the record, except for

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matters privileged under the laws of this state. Such examination shall be conducted on hospital premises as determined by the facility. The clinical record shall not be a public record and no part of it shall be released except:
(1) A copy of the record may be released to any person or entity designated in writing by the patient or, if appropriate, by his parent or guardian the parent of a minor, the legal guardian of an adult or minor, or a person to whom legal custody of a minor patient has been given by order of a court;
(1.1) A copy of the record of a deceased patient or deceased former patient may be released to or in response to a valid subpoena of a coroner or medical examiner under Chapter 16 of Title 45, except for matters privileged under the laws of this state;
(2) When a patient is admitted to a facility, a copy of the patient's record or information contained in the record at from another facility, community mental health center, or in the records of a private practitioner may be released to the admitting facility. When the treatment plan of a patient involves transfer of that patient to another facility, community mental health center, or private practitioner, a copy of the patient's record or information contained in the record may be released to that facility, community mental health center, or private practitioner;
(3) The A copy of the record or any part thereof may be disclosed to any employee or staff member of the facility when it is necessary for the proper treatment of the patient;
(4) The A copy of the record shall be released to the patient's attorney if the attorney so requests and the patient, or the patient's legal guardian, consents to the release;
(5) In a bona fide medical emergency, as determined by a physician treating the patient, the chief medical officer may release a copy of the patient's record to the treating physician or to the patient's psychologist;
(6) At the request of the patient, the patient's legal guardian, or his the patient's attorney, the record shall be produced by the entity having custody thereof at any hearing held under this chapter;
(7) Except for matters privileged under the response to a court order issued by a court of competent jurisdiction pursuant to a full and fair show cause hearing; and
(8) Parts A copy of the patient's clinical record may be released under the conditions and for the uses and purposes set forth in Code Section Sl-T-Gr;
(9) A copy of the record may be released to the legal representative of a deceased patient's estate, except for matters privileged under the laws of this state; ancl
(10) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of investigating the commission of a crime on the premises of a facility covered by this chapter or against facility personnel or a threat to commit such a crime may be informed as to the circumstances of the incident, including whether the individual allegedly committing or threatening to commit a crime is or has been a patient in the facility, and the name, address, and last known whereabouts of any alleged patient perpetrator.
(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40, or 43-39-16.
(c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40, or 43-39-16."

TUESDAY, MARCH 8, 1994

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Section 7. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by 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 Alien Balfour Baugh Blitch Boshears
oBrou6nn otf 4if6. thu Brown of 26th Burton Cheeks
Coleman Crotts Day Dean Edge

Farrow Gillis Glanton
Gochenour Guhl Harbison
H,, emmer ,_. . "ooks Muggins Isakson Kem P Langford of 29th Madden Marable McGuire

Oliver Parrish Perdue
Pollard Ragan of llth Ragan of 32nd
RRalston c. ' . flotm Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Egan

Middleton

Hill

Newbill

Langford of 35th (excused)

Robinson (presiding) Scott

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 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 provide 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.
Senate Sponsor: Senator Ray of the 19th.
The Senate Corrections Committee offered the following substitute to HB 1229:
A BILL
To be entitled an Act 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 provide that the State Board of Pardons and Paroles shall adopt rules providing that as a condition of parole certain sex offenders shall be ordered to provide notice and information to certain officials in the community where the offenders will reside upon release on parole; to provide

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that the failure to provide such information shall be a violation of the conditions of parole; to define a certain term; to provide for the manner of notice; to require a sex offender who has been paroled to provide information to certain officials in any community to which the sex offender relocates; to make it unlawful for a person to fail to comply with the provisions of this Act or to provide false information; to provide a penalty; to require the sheriff to maintain a register of the names and addresses of sex offenders; to provide for public inspection of such register; to provide for termination of certain duties required of sex offenders upon completion of terms of parole; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, is amended by adding between Code Section 42-9-44 and 42-9-45 a new Code Section 42-9-44.1 to read as follows:
"42-9-44.1. (a) As used in this Code section, the term 'sexual offense' means a violation of Code Section 16-6-1, 16-6-2, 16-6-5.1, 16-6-22, or 16-6-22.2 when the victim was under 18 years of age at the time of the commission of the offense or a violation of Code Section 16-63, 16-6-4, or 16-6-5 when the victim was under 14 years of age at the time of the commission of the offense.
(b) (1) The board shall adopt rules providing that with respect to any person who has been convicted of a sexual offense, as a condition of parole, the offender shall be ordered to give notice of his or her name and address, the crime for which he or she was convicted, and the date of parole to:
(A) The superintendent of the public school district where the offender will reside; and
(B) The sheriff of the county wherein the offender will reside.
(2) The offender shall provide the notice and information required in paragraph (1) of this subsection within 30 days of the release on parole or within 30 days of setting up residency in the locale where the offender plans to have his or her domicile.
(c) Any sex offender who has been paroled and who moves his or her legal residence from one county within this state to another county within this state shall be required to provide the information and notice required in subsection (b) of this Code section with respect to his or her new residence within 30 days after moving during the period of his or her parole.
(d) Any person who fails to comply with the requirements of this Code section or who provides false information shall, in the case of a person on parole, be in violation of such persons' conditions of parole and shall be guilty of a misdemeanor.
(e) It shall be the duty of the sheriff of each county within the state to maintain a register of the names and addresses of all offenders providing information to the sheriff under this Code section. Such register shall be open to public inspection.
(f) The requirement that a sex offender provide notice and information pursuant to subsections (b) and (c) of this Code section shall terminate upon the offender's satisfactory completion of his or her terms of parole."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Newbill of the 56th offered the following amendment:
Amend the committee substitute to HB 1229 by deleting on page 2 lines 23, 24 and 32 the number "30" and adding in lieu thereof the number "10"
On the adoption of the amendment, the yeas were 41, nays 0, and the Newbill amendment 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.

TUESDAY, MARCH 8, 1994

1511

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

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

Those not voting were Senators:

Brown of 26th Cheeks Hill

Langford of 35th (excused) Robinson (presiding)

Middleton

Thomas

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 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 nonpayment 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.
Senate Sponsor: Senator Isakson of the 21st.
The Senate Insurance and Labor Committee offered the following amendment:
Amend HB 1308 by striking from lines 15 and 16 of page 2 the following:
", including the receiving of premiums,"
and inserting in lieu thereof the following:
", including the receiving of premiums,".
On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

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Senators Isakson of the 21st and Pollard of the 24th offered the following substitute to HB 1308:

A BILL
To be entitled an Act to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for the issuance of motor vehicle liability insurance policies, and Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to procedures upon the notice of cancellation of a motor vehicle liability insurance policy, so as to revise provisions relative to cancellations of such policies; to provide that cancellation of a motor vehicle liability insurance policy for nonpayment 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; to provide that failure to provide notice to the Department of Public Safety pursuant to law shall not invalidate an otherwise valid cancellation of a motor vehicle liability insurance policy; 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 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for the issuance of motor vehicle liability insurance policies, is amended by adding a new paragraph (5) at the end of subsection (a) to read as follows:
"(5) If any insurer, agent, or premium finance company collects the advance payment in the form of a check or money order which is not honored upon initial presentation, such insurer, agent, or premium finance company shall be deemed to have complied with paragraph (4) of this subsection and may, thereafter, cancel for nonpayment of premium without the requirement of any notice of intent to cancel."
Section 2. Code Section 40-5-71, relating to procedure upon notice of motor vehicle insurance cancellation, is amended by striking paragraph (3) of subsection (a) in its entirety and inserting in its place the following:
"(3) Notwithstanding the provisions of paragraph (1) of this subsection, neither a failure to provide notice to the Department of Public Safety pursuant to paragraph (1) of this subsection nor any irregularity any irregularities in the such notice to the Department of Public Safety as required by paragraph (1) of this subsection shall et invalidate an otherwise valid cancellation."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, Senator Robinson of the 16th, 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 Blitch Boshears
BoroWuen" off 4^6uth BChuerteokns Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer
fHfienson ,,"ook, s Muggins Isakson Kemp Langford of 29th Madden Marable McGuire

Middleton Newbill Oliver Parrish Perdue Pollard
Ragan off llthd n*afls.ton Rav Slotin Taylor Thomas Thompson Tysinger Walker

TUESDAY, MARCH 8, 1994

1513

Those not voting were Senators:

Brown of 26th

Robinson (presiding)

Clay

Scott

Langford of 35th (excused)

Starr Turner

On the adoption of the substitute, the yeas were 49, nays 0; and the Isakson and Pollard substitute was adopted.
The President Pro Tempore announced that, pursuant to Senate Rule 143, consideration of HB 1308 would be suspended and the bill was placed on the Senate General Calendar.
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 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.
Senate Sponsor: Senator Walker of the 22nd.
The Senate Health and Human Services Committee offered the following amendment:
Amend HB 1825 by striking lines 7 and 8 of page 3 and inserting in their place the following:
"(4) 'Agency' means the Department of Human Resources."
By striking "Article 2" and inserting "Article 1" on line 16 of page 3.
On the adoption of the amendment, the yeas were 41, nays 0, and the committee amendment was adopted.
Senator Walker of the 22nd offered the following amendment:
Amend HB 1825 by inserting immediately preceding line 1 on page 2 the following:
"(1) 'Allied health care provider' means any health care provider licensed in this state pursuant to Title 43 or Chapter 4 of Title 26, other than a physician or a hospital.
(2) 'Allied health care provider network joint venture' means a joint venture controlled by an allied health care provider that does not include more than 35 percent of the total number of the participating type of allied health care providers involved, or more than 35 percent of any subspecialists of that type of allied health care provider, in the geographic area in which the venture will offer the allied health care provider services to third party payers, and all of the participating allied health care providers share financial risk, including an equity interest in the network, in jointly marketing the allied health care provider services to third party payers."
By redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), (8), and (9) on lines 1, 10, and 15 on page 2 and lines 7, 9, 15, 17, 21, and 30 on page 3, respectively, as paragraphs (3), (4), (5), (6), (7), (8), (9), (10), and (11), respectively.
By inserting "allied health care provider network joint ventures;" immediately following "providers;" on line 28 on page 2.
By inserting "allied health care provider network joint ventures and" immediately following the word "for" on line 2 on page 3.
By striking "above" on line 3 on page 3 and inserting in lieu thereof "in this Code section".

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By striking "including subspecialists" on lines 23 and 24 on page 3 and inserting in lieu thereof "or more than 35 percent of any subspecialists".
By inserting "allied health care provider network joint ventures and" immediately following the word "for" on line 5 on page 4.
By inserting "allied health care provider," after "hospital" on line 20 on page 4.
By striking "or" on line 17 on page 6; by striking "." on line 27 on page 6 and inserting in lieu thereof "; or"; and by inserting immediately following line 27 on page 6 the following:
"(7) If the cooperative agreement is an allied health care provider network joint venture, the venture does not include more than 35 percent of the total number of the participating type of allied health care providers involved, or more than 35 percent of any subspecialists of that type of allied health care provider, in the geographic area in which the venture will offer allied health care provider services to third party payers, and all of the participating allied health care providers share financial risk, including an equity interest in the network, in jointly marketing the allied health care provider services to third party payers."
By inserting "allied health care provider network joint ventures," immediately following "ventures," on line 13 on page 12.
or". By striking "challenge of on line 26 on page 12 and inserting in lieu thereof "challenge

On the adoption of the amendment, the yeas were 44, nays 0, and the Walker amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour
Baugh Blitch Boshears

Gillis Gochenour Guhl
Harbison Hemmer Henson

Oliver Parrish Perdue
Pollard Ragan of llth Ragan of 32nd

BnroWuenn off 4, c6.tuh Br ,urto, n QJ\^I1CC."O Coleman C rotts Day Dean Edge Egan Farrow

HRiol1oks uMuggi ns TIsaki son Kem P Langford of 29th Madden Marable McGuire Middleton Newbill

RRalston Sa co^tt rSiilojtin Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Brown of 26th

Langford of 35th (excused) Robinson (presiding)

On the passage of the bill, the yeas were 52, nays 1. The bill, having received the requisite constitutional majority, was passed as amended.

TUESDAY, MARCH 8, 1994

1515

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.
Senate Sponsor: Senator Oliver of the 42nd.
Senate Judiciary Committee offered the following substitute to HB 1459:
A BILL
To be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to add powers to the board of trustees of the county law library; to provide for the use of moneys collected for county law library use; to raise the upper limit on the amount that may be collected for a county law library; to create the Council of Municipal Court Judges of Georgia; to provide for the membership, officers, powers, duties, and funds of the council; to provide for contracts; to provide for powers, duties, and authority of the Administrative Office of the Courts; to provide for the effect of membership in the council; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-15-4, relating to powers and duties of board of trustees in general, and inserting in its place the following:
"36-15-4. The board of trustees is given the following powers and duties:
(1) To provide for the collection of all money provided for in this chapter;
(2) To select the books, reports, texts, and periodicals;
(3) To make all necessary rules and regulations governing the use of the library;
(4) To keep records of all its meetings and proceedings; tat4
(5) To exercise all other powers necessary for the proper administration of this chapter; and
(6) To enter into agreements with the boards of trustees of other county law libraries within the same judicial circuit for the purpose of pooling funds to purchase books, reports, texts, and periodicals and to purchase or lease computer-related research equipment and programs; to provide for the joint use of such books, reports, texts, periodicals, and computer-related research equipment and programs within the same judicial circuit; and to provide where said books, reports, texts, periodicals, and computer-related research equipment and programs may be maintained.
Section 2. Said title is further amended by striking subsection (a) of Code Section 3615-7, relating to use of county law library funds, and inserting in its place the following:
"(a) The money paid into the hands of the treasurer of the board of trustees of the county law library shall be used for the purchase of law books, reports, texts, periodicals, supplies, desks, and equipment and for the maintenance, upkeep, and operation of the law library, including the services of al librarian, and for the purchase or leasing of computerrelated legal research equipment and programs."
Section 3. Said title is further amended by striking subsection (a) of Code Section 3615-9, relating to collection of additional costs in court cases for county law library, and inserting in its place the following:
"(a) For the purpose of providing funds for those uses specified in Code Section 36-157, a sum not to exceed $8.00 $5.00, in addition to all other legal costs, may be charged and collected in each action or case, either civil or criminal, including, without limiting the

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generality of the foregoing, all adoptions, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of civil or criminal or quasi-criminal nature, filed in the superior, state, probate, and any other courts of record, except county recorders' courts or municipal courts. The amount of such additional costs to be charged and collected, if any, in each such case shall be fixed by the chief judge of the superior court of the circuit in which such county is located. Such additional costs shall not be charged and collected unless the chief judge first determines that a need exists for a law library in the county. The clerk of each and every such court in such counties in which such a law library is established shall collect such fees and remit the same to the treasurer of the board of trustees of the county law library of the county in which the case was brought, on the first day of each month. When the costs in criminal cases are not collected, the cost provided in this Code section shall be paid from the fines and forfeitures fund of the court in which the case is filed, before any other disbursement or distribution of such fines or forfeitures is made."
Section 4. Said title is further amended by adding at the end thereof a new Article 3 to Chapter 32 to read as follows:
"ARTICLE 3
36-32-40. (a) There is created a council of municipal court judges to be known as the 'Council of Municipal Court Judges of Georgia.' The council shall be composed of the judges of the municipal courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. The officers of said council shall consist of a president, a first vice president, a second vice president, a secretary, a treasurer, and such other officers as the council shall deem necessary. The council shall have an executive committee composed of two representatives from each judicial administrative district.
(b) It shall be the purpose of the council to effectuate the constitutional and statutory responsibilities conferred upon it by law, to further the improvement of the municipal courts and the administration of justice, to assist the judges of the municipal courts throughout the state in the execution of their duties, and to promote and assist in the training of such judges.
(c) Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for that purpose, or from private funds available to the council, and from other appropriate sources.
(d) The council through its officers may contract with a person or firm including any member of the council for the production of educational material and compensate said member for producing such material, provided that funds are available to the council at the time of execution of the contract or will be available at the time of the completion of the contract and provided that the terms of the contract are disclosed to the full council and made available to the general public and news media. At the request of the council, the Administrative Office of the Courts shall be authorized to act as the agent of the council for the purpose of supervising and implementing the contract.
(e) The Administrative Office of the Courts shall provide technical services to the council and shall assist the council in complying with all its legal requirements.
(f) Notwithstanding any other law, a council member shall not be ineligible to hold the office of judge of a municipal court by virtue of his or her position as a member of the council and membership in the council shall not constitute the holding of a public office."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

TUESDAY, MARCH 8, 1994

1517

On the 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 BowhenarS

Farrow Gillis Glanton Gochenour Guhl Harbison

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd

Burton Cheeks Clay Coleman Day Dean Edge Egan

Hill Hooks Huggins Kemp Langford of 29th Madden McGuire Middleton

Ray Scott Slotin Starr Taylor Thomas Turner Tysinger

Those not voting were Senators:

Brown of 26th Crotts Henson Isakson

Langford of 35th (excused) Robinson (presiding)

Marable

Thompson

Parrish

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.

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 citation, 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.

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 Dean Edge Egan Gillis Gochenour

Guhl Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Madden

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Marable McGuire MNeiwddbliellton Oliver Perdue Pollard

Ragan of llth Ragan of 32nd Ralston
Ray Scott Slotin

Starr Taylor Thomas
Thompson Turner Tysinger

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Farrow Isakson

Langford of 35th (excused) Parrish

Robinson (presiding) Walker

On the passage of the bill, the yeas were 49, nays 1.
The bill, having received the requisite constitutional majority, was passed.
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 required notices of changes in taxpayer returns; to change certain provisions regarding interest on certain taxpayer refunds; to provide for waivers and exemptions.
Senate Sponsor: Senator Farrow of the 54th.
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
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 1207 (LC 18 5855) Ad Valorem Taxation -- Changes in Required Notice and Interest on Refunds
Dear Chairman Buck:
This bill would change the contents of required notices of changes in taxpayer returns to include the fact that failure to appeal could result in an increase in ad valorem taxes for that year. Also, the current year valuation shall be used if the property includes an improvement from the previous year which results in a valuation which is 30 percent or more greater than the previous year's valuation. This bill also provides an effective date for the accrual of interest on refunds due to the taxpayer upon final determination of the appeal. The effective date is November 15 of the taxable year in question or the date the final installment of the tax was due or was paid, whichever is later. The amount of interest shall not exceed $150. If the final determination of value on appeal is greater than the valuation used, the taxpayer shall be liable for the increase in taxes with the specified interest charge. No interest will be charged if the amount of the increase in tax is less than $150. Also, the interest charge will be waived if interest charges related to these increased

TUESDAY, MARCH 8, 1994

1519

taxes are less than $50. The interest shall not accrue for a period of more than 90 days. The taxpayer, at the taxpayer's election, shall be exempt each taxable year from any such interest with respect to a single parcel of property owned by the taxpayer.
The fiscal impact of this bill cannot be estimated since the outcome of the appeals cannot be predicted.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 23, 1994
The Honorable Terrell Starr, Vice-Chairman Senate Appropriations Committee State Capitol, Room 420C Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1207/CSFA (LC 18 6043S) (AM 18 0266) Ad Valorem Taxation -- Temporary Tax Bills
Dear Vice-Chairman Starr:
This bill provides that the county tax assessors will specify to the county tax commissioner the higher of the taxpayer's return valuation or 85 percent of the current year's valuation as set by the county board of tax assessors. This amount will be the basis for a temporary tax bill. This bill also provides an effective date for the accrual of interest on refunds due to the taxpayer upon final determination of the appeal. The effective date is November 15 of the taxable year in question or the date the final installment of the tax was due or was paid, whichever is later. The amount of interest shall not exceed $150. The interest shall not accrue for a period of more than 180 days. The taxpayer, at the taxpayer's election, shall be exempt each taxable year from any such interest with respect to the taxpayer's homestead property.
The fiscal impact of this bill cannot be estimated since the outcome of the appeals cannot be predicted.
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 1207:
A BILL
To be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals of ad valorem tax assessments, so as to provide for temporary tax bills during the pendency of a tax appeal; to provide for notice and procedures; to change certain provisions regarding interest on certain taxpayer refunds; to provide for exemptions from interest; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals of ad valorem tax assessments, is amended by striking division (e)(6)(c)(iii) and inserting in its place a new division (e)(6)(c)(iii) to read as follows:
"(iii) (I) If the tax digest for the county for the year in question is prepared and the county's tax bills are issued before the county board of equalization has rendered its decision on property which is on appeal, the county board of tax assessors shall ase specify to the county tax commissioner the higher of the undisputed amount of the valuation of such property or the previous ^car'a valuation of auch property in compiling the tax digest, and tax bills will taxpayer's return valuation or 85 percent of the current year's valuation as set by the county board of tax assessors. This amount shall be the basis for a temporary tax bill to be issued, baaed on auch value Such tax bill shall be accompanied by a notice to the taxpayer that tfie bill is a temporary tax bill pending the outcome of the appeal process. Such notice shall also indicate that upon resolution of the appeal, there may be additional taxes due or a refund issued.
(II) If the final determination of the value on appeal is less than the valuation thus used, the taxpayer shall receive a deduction in iris such taxpayer's taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from the date November 15 of the taxable year in question or the date the final installment of the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00.
(III) If the final determination of value on appeal is greater than the valuation thus used, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the rate as specified in Code Section 482-35. Such interest shall accrue from the date November 15 of the taxable year in question or the date the final installment of the taxes would have been due abacnt the appeal tax was due to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days. Any taxpayer shall be exempt each taxable year from any such interest owed under this subdivision with respect to such taxpayer's homestead property."
Section 2. Said Code section is further amended by striking subparagraph (f)(4)(B) and inserting in its place a new subparagraph (f)(4)(B) to read as follows:
"(B) The county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county. If the final determination of value on appeal is less than the valuation set by the county board of equalization, the taxpayer shall receive a deduction in iris such taxpayer's taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from the date November 15 of the taxable year in question or the date the final installment of the tax was due or was paid, whichever is later. In no event shall the amount of such Interest exceed $150.00. If the final determination of value on appeal is greater than the valuation set by the county board of equalization, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the same rate as specified in Code Section 48-2-35. Such interest shall accrue from the date the taxes would have been due abacnt the appeal November 15 of the taxable year in question or the date the final installment of tax was due to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days. Any taxpayer shall be exempt each taxable year from any such interest owed under this suBparagraph with respect to such taxpayer's homestead property?1
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

TUESDAY, MARCH 8, 1994

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Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears
BRroun off 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 Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Isakson

Parrish

Langford of 35th (excused) Robinson (presiding)

Starr Walker

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
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.
Senate Sponsor: Senator Marable of the 52nd.
Senator Glanton of the 34th offered the following amendment:
Amend HB 1768 by deleting on page 1 line 25 the words ", or peer" and striking "," between teacher and parent.
And by adding on page 1 line 25 "or" between teacher and parent.
On the adoption of the amendment, the yeas were 21, nays 23, and the amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Abernathy Alien Balfour
Baugh Blitch Boshears Broun of 46th Brown of 26th CP,heeks Coleman Qrotts j3 av Dean Edge Egan
Farrow

Gillis Guhl Harbison
Hemmer Henson Hill Hooks H; TIsak, son Kemp Langford of 29th Madden Marable McGuire Middleton
Newbill

Oliver Perdue Pollard
Ragan of llth Ragan of 32nd Ralston R s cS,lot,.in Starr Taylor Thomas Thompson Turner Tysinger
Walker

Those voting in the negative were Senators:

Burton

Glanton

Gochenour

Those not voting were Senators:

Bowen

Parrish

Langford of 35th (excused)

Robinson (presiding)

On the passage of the bill, the yeas were 49, nays 3. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to define certain terms; to provide a statement of purposes; to clarify a certain exemption from taxes imposed to support the pension fund; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, is amended by striking Code Section 47-7-1, relating to definitions relative to such chapter, in its entirety and inserting in lieu thereof the following:

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"47-7-1. As used in this chapter, the term:
(1) 'Board' means the Board of Trustees of the Georgia Firemen's Pension Fund.
(2) 'Fire department' means a full-time fire department or volunteer fire department which satisfies the following criteria:
(A) The fire department is certified by the superintendent of the Georgia Fire Academy as provided in Chapter 3 of Title 25;
(B) The public fire suppression facilities of the fire department are ratable not less favorably than a class eight rating under standards set forth in the Fire Suppression Rating Schedule, Section I, Public Fire Suppression, Edition 6-80, Copyright 1980, published by the Insurance Services Office, a rating organization licensed by the Commissioner of Insurance, which schedule is maintained on file with the Commissioner of Insurance as required by general law and which has not been disapproved by the Commissioner, or less than a rating which the board by regulation determines is substantially equivalent under rating standards published by the Commissioner of Insurance performing similar rating functions which standards are maintained on file with the Commissioner of Insurance and which have not been disapproved by the Commissioner
The board may require annual certification by the chief of a fire department of the satisfaction of such requirements as a condition to the eligibility of firemen and volunteer firemen to become members and obtain creditable service with the fund.
(3) 'Firemen' means a person who is a full-time employee of a full time fire department or a volunteer fire department and who in the course of full-time employment by and within a full time fire department or a volunteer fire department either:
(A) Is a candidate for or holds a current firefighter's certificate issued under Article 1 of Chapter 4 of Title 25 and has as incident to his or her position of employment the principal duty of, and actually performs the function of, preventing and suppressing fires; or
(B) Has as incident to the position of employment the principal responsibility to perform, and actually performs, support functions for fire prevention and fire suppression activities of the fire department of a type which the board by regulation finds have been traditionally and customarily performed by employees of fire departments in the State of Georgia, including, without limitation, the activities of administrative personnel within the department, mechanics whose primary duties are the maintenance and repair of fire-fighting equipment and apparatus, operating engineers whose primary duties are the operation of fire-fighting equipment and apparatus, communications and clerical personnel, and fire prevention and fire inspection personnel; provided, however, that such term shall not include persons whose primary responsibility is the performance of emergency medical services.
(4) 'Full-time fire department' means a full-time department, bureau, division, or other organizational unit, separately organized and administered as such, of this state or any municipality or other political subdivision thereof, which organizational unit:
(A) Has, as an organizational unit, the principal responsibility to prevent and suppress fires; and
(B) Is rated class one through claaa eight, inclusive, by the Insurance Services Office or its successor.
4ty Is financed by public appropriation or subscription and is not privately ownedj-and
(D) Owns fire apparatus and equipment having o value of $6,000.00 or more.
A full-time fire department includes the fire chief or chief operating officer of the organizational unit and only those employees who are under the direction and supervision of the fire chief or chief operating officer.
(5) 'Fund' means the Georgia Firemen's Pension Fund.

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(6) 'Volunteer fire department' means a volunteer fire department or part paid and part volunteer fire department staffed by firemen, volunteer firemen, or a combination of firemen and volunteer firemen, separately organized and administered as such, of this state or any municipality or other political subdivision thereof or a paid, part paid, of volunteer fire department of this state or a political subdivision thereof, separately organized and administered as such of this state or serving any fire district therein, which:
(A) Has the principal responsibility to prevent and suppress fires;
(B) Is financed by public appropriation or subscription and is not privately owned;
(C) la rated class one through claaa eight, inclusive, by the Insurance Services Office or its successor,
(B) Holds drills and meetings of not less than eight hours monthly; and
(E) Owns fire apparatus and equipment having a value of $6,000.00 or more; and
{F) (D) Meets the requirements imposed by Code Section 47-7-81.
(7) 'Volunteer fireman' means an individual who is appointed and regularly enrolled in ay as a volunteer with a fire department; ad who, as a volunteer fireman, has and primarily performs the principal responsibility of preventing or suppressing fires; and who satisfies the requirements specified in subparagraph (D) of paragraph (1) of subsection (a) of Code Section 25-3-2571
Section 2. Said chapter is further amended by inserting immediately following Code Section 47-7-1 a new Code Section 47-7-2 to read as follows:
"47-7-2. The fund is established as a voluntary pension system which provides benefits intended to supplement primary pension benefits provided by fire departments or the governmental units or volunteer districts establishing fire departments. It is the intent of the General Assembly in authorizing the benefits of this chapter:
(1) To provide an additional benefit which may be used by fire departments of the state or political subdivisions of the state to attract and retain qualified firemen; and
(2) To limit the availability of such benefits to those fire departments which satisfy the minimum requirements for membership provided in this chapter so as to induce political subdivisions and the fire departments serving such political subdivisions to meet and maintain compliance with such minimum standards which the General Assembly deems essential to improving the ability of a fire department to suppress fires."
Section 3. Said chapter is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 47-7-61, relating to a tax on premiums charged by fire insurance companies for certain classes of coverage and related matters, and inserting in lieu thereof the following:
"(2) If property covered under any such policy is served by public fire suppression facilities which are rated less favorably than a class nine nder rating under standards published by the Insurance Services Office or its successor set forth in the Fire Suppression Rating Schedule, Section I, Public Fire Suppression, "Edition 6-80, Copyright 1980, published by the Insurance Services Office, a rating organization licensed by the Commissioner of Insurance, which schedule is maintained on file with the Commissioner of Insurance as required by general law and which has not been disapproved by the Commissioner, or less than a rating which the board by regulation determines is substantially equivalent under rating standards published by an organization licensed by the Commissioner of Insurance performing similar rating functions, which standards are maintained on file with the Commissioner of Insurance and which have not been disapproved by the Commissioner, then and to that extent the premiums under such policy shall be excluded in determining the tax imposed under this Code section."
Section 4. Said chapter is further amended by striking in its entirety subsection (c) of

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1525

Code Section 47-7-100, relating to eligibility for pension benefits under the Georgia Firemen's Pension Fund, 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 righFIn 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 thia subsection which amount shall be determined by the ratio of years served, being not less than 0 15 nor more than 25, to the full 25 year service retirement. The ratio shall be determined wHcn 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 member's 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."
Section 5. 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 6. 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 82.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator Madden.

Those not voting were Senators:

Bowen Brown of 26th Farrow

Langford of 35th (excused) Middleton Parrish

Pollard Robinson (presiding)

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 82.

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JOURNAL OF THE SENATE

The President resumed the Chair. The Calendar was resumed.

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 Examiners in Optometry; to change the provisions relating to qualifications for membership on such board; to change the requirements for certification and registration necessary to engage in the practice of optometry.
Senate Sponsor: Senator Thomas of the 10th.

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears B.BC, hruoeruteonknsof 46th Clay
Coleman Crotts Day
Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison HH,,Hieelmnl smoner Hooks
Huggins Isakson Kemp
Langford of 29th Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard R*DDaagfaann_ oofftf 3O,l,l2otn,h,dA Ralston
hcott slotin Starr
Taylor Thomas Turner

Those not voting were Senators:

Bowen

Parrish

Brown of 26th

Ray

Langford of 35th (excused) Robinson

Thompson Tysinger Walker

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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 Annotated, relating to the procedure for the imposition of the death penalty generally, 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 drive-by shooting.
Senate Sponsor: Senator Kemp of the 3rd.

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1527

The Senate Special Judiciary Committee offered the following amendment:
Amend HB 1198 on page 2, line 2 by striking "three" and inserting in its place "five".
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton
Gochenour Guhl Harbison Hemmer Hill Huggins Kemp Langford of 29th Madden Marable McGuire Middleton
Oliver

Perdue Pollard Ragan of llth Ragan of 32nd Ralston P
btarr Tflylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Bowen Brown of 26th Coleman

Henson Hooks Isakson Langford of 35th (excused)

Newbill Parrish Robinson Walker

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.
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 establishment of school breakfast programs in all school systems. Senate Sponsor: Senator Newbill of the 56th.
Senator Newbill of the 56th offered the following amendment: Amend HB 1557 by striking from lines 1 and 2 of page 2 the following: "two-year period beginning July 1, 1994, and ending June 30, 1996." and inserting in lieu thereof the following: "period beginning September 1, 1994, and ending June 15, 1996,". 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 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 Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Huggins Isakson Langford of 29th Madden McGuire Middleton Newbill Oliver Parrish

Those not voting were Senators:

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

Bowen Brown of 26th Hill

Hooks (excused conferee) Langford of 35th (excused)

Kemp

Marable

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 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.
Senate Sponsor: Senator Burton of the 5th.

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1529

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 22, 1994
The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification House Bill 260 Substitute (LC 21 2781S) Employees Retirement System
Dear Representative Cummings:
This substitute bill allows members of the Employees' Retirement System who became members on or after July 1, 1982, to receive creditable service for forfeited annual and sick leave under certain conditions. The addition to this bill makes the new benefits subject to the reduction or elimination by future legislation.
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 2054-EC would also apply to this substitute version of House Bill 260 (LC 21 2781S).
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 Burton Cheeks Clay Crotts Day Dean Edge

Farrow Gillis Guhl Harbison Hemmer Henson Hill Huggins Isakson Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue Pollard Ralston Ray Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Glanton

Gochenour

Ragan of 32nd

Those not voting were Senators:

Bowen Brown of 26th

Coleman Egan

Hooks (excused conferee) Kemp

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JOURNAL OF THE SENATE

Langford of 35th (excused) Robinson (excused

Langford of 29th

conferee)

Ragan of llth

Scott

On the passage of the bill, the yeas were 42, nays 3. The bill, having received the requisite constitutional majority, was passed.

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 qualification of foreign limited liability partnerships; to provide for a definition; to provide for the laws governing a foreign limited liability partnership; to provide for and require certificates of authority.
Senate Sponsor: Senator Oliver of the 42nd.

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Broun of 46th Burton Cheeks Clay Coleman Crotts Day Dean Edge Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill Huggins Isakson 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:

Bowen Brown of 26th Egan

Hooks (excused conferee) Robinson (excused

Kemp

conferee)

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.
Senator Ray of the 19th moved that the Senate do now adjourn until 9:00 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 4:07 P.M.

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1531

Senate Chamber, Atlanta, Georgia Wednesday, March 9, 1994
Thirty-eighth Legislative Day

The Senate was 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 substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 180. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the judges of said court; to provide an effec tive date.
SB 185. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the solicitor of said court; to provide an effective date.
SB 601. By Senators Hemmer of the 49th, Henson of the 55th, Pollard of the 24th, Broun of the 46th and Madden of the 47th:
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.
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.
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.

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JOURNAL OF THE SENATE

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.
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.
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
SR 386. By Senator Hooks of the 14th:
A resolution designating the Ward Edwards Bridge.
HR 1126. By Representative Coleman of the 142nd:
A resolution designating "Thaxton Lane" at, Little Ocmulgee State Park in McRae, Georgia.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 554. By Senators Newbill of the 56th, Edge of the 28th, Henson of the 55th, Ralston of the 51st, Marable of the 52nd 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 House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 395. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Robinson of the 16th, Ray of the 19th 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.

WEDNESDAY, MARCH 9, 1994

1533

The House has passed by the requisite constitutional majority the following bills of the Senate:
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.
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.
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.
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.
SB 606. By Senators Hemmer of the 49th, Hooks of the 14th, Edge of the 28th, Gillis of the 20th, Madden of the 47th 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.
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.
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.

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JOURNAL OF THE SENATE

The House has agreed to the Senate substitutes to the following bill and resolution of the House:
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.
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 examinations.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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.
The House has agreed to the Senate amendments to the following bill and resolution of the House:
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.
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.
The House has adopted the report of the Committee of Conference on 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.

WEDNESDAY, MARCH 9, 1994

1535

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 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.

The Speaker has appointed on the part of the House, Representatives Godbee of the 145th, Thomas of the 100th and Royal of the 164th.
The House insists on its position in amending the Senate substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

HB 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 Speaker has appointed on the part of the House, Representatives Barnes of the 33rd, Towery of the 30th and Smith of the 175th.
The House insists on its position in amending the following bill of the Senate:

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 following resolution of the Senate was introduced, read the first time and referred to committee:

SR 614. By Senators Perdue of the 18th, Broun of the 46th, Tysinger of the 41st and Starr of the 44th:
A resolution creating the Senate Competitive Local Telephone Service Study Committee. Referred to Committee on Rules.
The following reports of standing committees were read by the Secretary:

Mr. President:

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

HR 124. Do pass as amended. HR 259. Do pass.

HR 263. Do pass. HR 339. Do pass as amended.

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JOURNAL OF THE SENATE

HR 767. HR 906. HR 926.

Do pass. Do pass as amended. Do pass as amended.
Respectfully submitted, Senator Hooks of the 14th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 372. Do pass by substitute. HB 492. Do pass.
Respectfully submitted,
Senator Hill of the 4th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 282. Do pass as amended.
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 bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1760. Do pass by substitute.
Respectfully submitted,
Senator Starr of the 44th District, Chairman

Mr. President:

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

SR 585. Do pass by substitute. HB 664. Do pass.

HB 1436. Do pass by substitute. HB 1654. Do pass by substitute.

Respectfully submitted,

Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following bills of

WEDNESDAY, MARCH 9, 1994

1537

the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 929. Do pass. HB 1103. Do pass. HB 1185. Do pass.

Respectfully submitted,

Senator Perdue of the 18th District, Chairman

The following communication was read by the Secretary:

THE STATE SENATE Atlanta, Georgia 30334
March 8, 1994
Honorable 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 Tuesday, March 8, 1994, upon adjournment, in Room 307 of the Legislative Office Building. Senator Pollard is also authorized to discuss those bills posted on the agenda.
Thank you for your cooperation in this matter.

Respectfully, Is/ Mary Margaret Oliver

DATE: TIME: PLACE: AGENDA: HB 533
HB 1190
HB 1458
HB 1662
HB 1872

NOTICE OF MEETING SENATE JUDICIARY COMMITTEE Tuesday, March 8, 1994 3:00 p.m. 307 Legislative Office Building

(Stanley) (Walker) (Porter) (Groover) (McKinney)

Offenses against public health and morals; provide for penal ties for contributing to delinquency of minor by soliciting, co ercing, intimidating, or conspiring with minor to commit a vio lent crime
Crimes and offenses: education; local government; change pro visions relating to powers and duties of grand juries; powers and duties of chief judge of superior court of each county
Recordation of maps and plats and specifications; change specifications relating to maps and plats which may be re corded
Appointment of substitute for absent or disqualified district attorney; senior district attorney may be appointed for such purpose; senior district attorney may not serve in another public office
Arrests, trials, and appeals in traffic cases: Provide that provi sions of such article shall not be applicable to City Court of Atlanta

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JOURNAL OF THE SENATE

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 533. Do pass.

HB 1458. Do pass by substitute.

HB 1190. Do not pass.

HB 1872. Do pass.

Respectfully submitted,

Senator Pollard of the 24th District, Vice-Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the following recommendation:
HR 664. 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 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 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 727. Do pass.

HB 1946. Do pass.

SB 730. Do pass.

HB 1949. Do pass.

SB 731. Do pass.

HB 1975. Do pass.

SB 732. Do pass.

HB 1987. Do pass.

SB 733. Do pass.

HB 1994. Do pass.

HB 1833. Do pass as amended.

HB 1995. Do pass.

HB 1852. Do pass.

HB 1996. Do pass.

HB 1853. Do pass.

HB 1997. Do pass.

HB 1854. Do pass.

HB 1998. Do pass.

HB 1855. Do pass.

HB 1999. Do pass.

HB 1862. Do pass.

HB 2000. Do pass.

HB 1863. Do pass.

HB 2001. Do pass.

HB 1905. Do pass.

HB 2002. Do pass.

HB 1910. Do pass as amended.

HB 2003. Do pass.

WEDNESDAY, MARCH 9, 1994

1539

HB 2004. HB 2005. HB 2006. HB 2008.

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

HB 2011. Do pass. HB 2014. Do pass. HB 2018. Do pass. Respectfully submitted, Senator Thompson of the 33rd District, Chairman

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

SR 585 HB 492 HB 929 HB 1436 HB 1654 HR 124
HR 339 HR 906

HB 282 HB 533 HB 1103 HB 1458 HB 1760 HR 259 HR 664 HR 926

HB 372 HB 664 HB 1185 HB 1544 HB 1872 HR 263 HR 767

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 Robinson Scott Slotin Starr Taylor Turner Tysinger

Those not answering were Senators:

Abernathy Alien Balfour

Langford of 35th (excused) Thomas

Perdue

Thompson

Ray

Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Harbison of the 15th introduced the chaplain of the day, Reverend Albert McCorvey, pastor of New Providence Baptist Church, Columbus, Georgia, who offered scrip ture reading and prayer.

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JOURNAL OF THE SENATE

The following resolutions were read and adopted:
SR 610. By Senators Newbill of the 56th, Edge of the 28th, Isakson of the 21st and Robinson of the 16th: A resolution urging the State Board of Education to create a policy of nutrition integrity.
SR 611. By Senator Kemp of the 3rd: A resolution commending Zebulon W. Fuller on achieving the rank of Eagle Scout.
SR 612. By Senator Kemp of the 3rd: A resolution commending Stephen P. Smith on achieving the rank of Eagle Scout.
SR 613. By Senator Ralston of the 51st: A resolution commending Ms. Carmi U. Wood.
SR 615. By Senator Thomas of the 10th: A resolution recognizing Monna Robinson.
SR 616. By Senators Thomas of the 10th and Henson of the 55th: A resolution commending Charles Antione Thornton on becoming an Eagle Scout.
SR 617. By Senator Farrow of the 54th: A resolution commending the 1994 Murray County High School State Wrestling Champions.
SR 618. By Senators Burton of the 5th, Tysinger of the 41st and Henson of the 55th: A resolution commending Dr. Roy Wesley Vandiver.
HR 1126. By Representative Coleman of the 142nd: A resolution designating "Thaxton Lane" at Little Ocmulgee State Park in McRae, 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 Wednesday, March 9, 1994
THIRTY-EIGHTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 727 Burton, 5th Balfour, 9th Tysinger, 41st Day, 48th Newbill, 56th GWINNETT COUNTY Amends an Act relating to education districts for the election of members of

WEDNESDAY, MARCH 9, 1994

1541

the Board of Education of Gwinnett County, so as to change the description of the education districts of the board; to provide for continuation in office; to provide for federally required submissions; to provide for effective dates; to repeal conflicting laws.

SB 730 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 compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sher iff; to repeal conflicting laws.

SB 731 Isakson, 21st Ragan, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
Amends an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensa tion of the tax commissioner, the chief clerk, and the executive secretary; to provide an effective date; to repeal conflicting laws.

SB 732 Isakson, 21st Ragan, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
Amends an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to provide for an effective date; to repeal conflicting laws.

SB 733 Perdue, 18th HOUSTON COUNTY
Reconstitutes the Board of Education of Houston County and provides for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions; to provide for successors; to provide for terms; to provide for vacancies; to provide for related matters; to provide for submission; to repeal conflicting laws.

*HB 1833

Clay, 37th CITY OF KENNESAW
Amends an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city. (AMENDMENT)

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JOURNAL OF THE SENATE

HB 1852 Isakson, 21st Ragan, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
Amends 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.
HB 1853 Isakson, 21st Ragan, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
Amends 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 Isakson, 21st Ragan, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
Amends an Act creating the State Court of Cobb County, so as to increase the compensation of the solicitor.
HB 1855 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 compensation of the clerk and deputy clerk of the superior court.
HB 1862 Isakson, 21st Ragan, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
Amends an Act creating the Cobb Judicial Circuit, so as to change the provi sions relative to the compensation of the chief investigator and the investiga tors and the chief assistant district attorney and the assistant district attor neys.
HB 1863 Isakson, 21st Ragan, 32nd Thompson, 33rd Clay, 37th

WEDNESDAY, MARCH 9, 1994

1543

Abernathy, 38th COBB COUNTY
Amends an Act to authorize the establishment of a civil service system in Cobb County for persons receiving salary and wages in whole or part from Cobb County, so as to change the provisions relating to dismissal of employ ees and scheduling of hearings.

HB 1905 Boshears, 6th Blitch, 7th C(J1ITY OUF WAYUCRKOUSS
Amends an Act providing a new charter for the City of Waycross, so as to change the corporate limits of the city.

*HB 1910

Langford, 29th HEARD COUNTY
Provides for the nonpartisan nomination and election of the judge of the Pro bate Court of Heard County. (AMENDMENT)

HB 1946 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 compensation of the judge and the clerk of the probate court.

HB 1949 Guhl, 45th WALTON COUNTY
Provides 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 1975 McGuire, 30th CARROLL COUNTY
Amends 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 council members of the city.

HB 1987 Langford, 29th CITY OF LAGRANGE
Amends an Act creating a new charter for the City of LaGrange, so as to change the composition of the governing authority of the city; to continue in office the mayor and certain members of the city council and provide for the expiration of their terms; to provide for council districts.

HB 1994 Thomas, 16th Glanton, 34th Starr, 44th CLAYTON COUNTY
Amends an Act providing for a supplement to the salaries of the judges of the

1544

JOURNAL OF THE SENATE

Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.
HB 1995 Thomas, 10th Glanton, 34th Starr, 44th CLAYTON COUNTY
Amends an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provi sions relating to the salary of the tax commissioner.
HB 1996 Thomas, 10th Glanton, 34th Starr, 44th CLAYTON COUNTY
Amends an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit.
HB 1997 Thomas, 10th Glanton, 34th Starr, 44th CLAYTON COUNTY
Amends an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the provisions relating to the salary of the sheriff.
HB 1998 Thomas, 10th Glanton, 34th Starr, 44th CLAYTON COUNTY
Amends an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to increase the salary of the clerk of the Superior Court of Clayton County.
HB 1999 Thomas, 10th Glanton, 34th Starr, 44th CLAYTON COUNTY
Amends an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.
HB 2000 Thomas, 10th Glanton, 34th Starr, 44th CLAYTON COUNTY
Amends an Act providing for a county supplement to the state salary for the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.

WEDNESDAY, MARCH 9, 1994

1545

HB 2001 Thomas, 10th Glanton, 34th Starr, 44th CLAYTON COUNTY
Amends an Act entitled "An Act changing the composition and manner of selection of the Board of Education of Clayton County," so as to change the compensation of the chairperson and members of such board.
HB 2002 Thomas, 10th Glanton, 34th Starr, 44th CLAYTON COUNTY
Amends an Act providing for the compensation and expenses of the coroner of Clayton County, so as to change the compensation of the coroner.
HB 2003 Thomas, 10th Glanton, 34th Starr, 44th CLAYTON COUNTY
Establishes a civil service system for the employees of Clayton County.
HB 2004 Thomas, 10th Glanton, 34th Starr, 44th CLAYTON COUNTY
Amends an Act creating the board of commissioners of Clayton County, so as to change the provisions relating to the compensation of the chairman.
HB 2005 Middleton, 50th CITY OF CLAYTON/RABUN COUNTY
Amends an Act creating the Clayton-Rabun County Water and Sewer Au thority, so as to change the provisions relating to the financing of projects.
HB 2006 Marable, 52nd FLOYD COUNTY
Amends an Act creating the Board of Commissioners of Floyd County, so as to revise the residency requirement for persons qualifying for election as a member of the board.
HB 2008 Hooks, 14th CITY OF AMERICUS
Amends an Act establishing a system of public schools in the City of Americus, so as to provide for the funding of such schools for fiscal year 1995.
HB 2011 Middleton, 50th RABUN COUNTY
Creates and establishes the Rabun County Building Authority.
HB 2014 Cheeks, 23rd Pollard, 24th COLUMBIA COUNTY
Amends an Act to provide for a homestead exemption of $20,000.00 from all Columbia County ad valorem taxes and Columbia County School District ad valorem taxes, including taxes levied to pay interest on and to retire bonded

1546

JOURNAL OF THE SENATE

indebtedness, for residents of Columbia County and the Columbia County School District who are disabled or who are 62 years of age or older and who have a net income not exceeding $15,000.00.
HB 2018 Gochenour, 27th LAMAR COUNTY
Amends an Act relating to the office of the sheriff of Lamar County, so as to provide for vacancies and temporary vacancies or incapacity in the office of sheriff and the filling thereof.
The amendments to the following bills were put upon their adoption:
*HB 1833:
The Senate Urban and County Affairs Committee offered the following amendment:
Amend HB 1833 by striking the quotation marks at the end of line 30 of page 11 and by adding between lines 30 and 31 the following:
"All that tract or parcel of land lying and being in Land Lots 141, 164 and 163 of the 20th District, 2nd Section, Cobb County, Georgia, and being 77.78 acres, more or less, and being more particularly described as follows:
BEGINNING at a point formed by the intersection of the southwesterly right of way line of U. S. 41 and the westerly right of way line of Crooked Creek Drive; running thence southerly along the westerly right of way line of Crooked Creek Drive 2,300 feet to a point on the south line of Land Lot 141 of the 20th District, 2nd Section, Cobb County, Georgia; continuing thence southerly 810 feet to a point; running thence westerly 665 feet to a point; running thence southerly 675 feet to a point; running thence westerly 756.0 feet to a point on the west line of Land Lot 164 of the 20th District, 2nd Section, Cobb County, Georgia; running thence southerly along said land lot line 130 feet to a point; running thence westerly 210 feet to a point on the easterly right of way line of Mack Dobbs Road; running thence northerly along the easterly right of way line of Mack Dobbs Road 300 feet to a point at the southwesterly corner of property now or formerly owned by Joseph and Barbara Dilbeck; running thence south 85 degrees 50 minutes east along the Dilbeck property line 892.0 feet to a point; running thence north 1 degree 11 minutes east 416.0 feet to a point; running thence south 65 degrees 26 minutes west 487.3 feet to a point; running thence north 83 degrees 79 minutes west 84.0 feet to a point; running thence north 83 degrees 79 minutes west 84.0 feet to a point; running thence north 04 degrees 24 minutes west 23 feet to a point at the center line of Butler Creek; running thence in a general westerly direction along the center line of Butler Creek and following the meandering thereof 300 feet, more or less, to a point formed by the intersection of center line of Butler Creek and the westerly right of way line of Mack Dobbs Road; running thence in a general northeasterly direction along the southeasterly right of way line of Mack Dobbs Road and following the curvature thereof 1210 feet, more or less, to a point formed by the intersection of the southeasterly right of way line of Mack Dobbs Road and the north line of Land Lot 164 of the 20th District, 2nd Section, Cobb County, Georgia; running thence easterly along the said land lot line 640 feet to a point; running thence northerly 1380 feet to a point; running thence westerly 150 feet to a point on the easterly right of way line of Mack Dobbs Road; running thence in a general northerly direction along the easterly right of way line of Mack Dobbs Road and following the curvature thereof 1120 feet to a point formed by the intersection of the southeasterly right of way line of Mack Dobbs Road and the southerly right of way line of U.S. Highway No. 41; running thence southeasterly along the southwesterly right of way line of U.S. High way 41 and following the curvature thereof 800 feet to a point formed by the intersection of the southwesterly right of way line of U.S. 41 and the westerly right of way line of Crooked Creek Drive, said point being the point of beginning.'"
On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted.

WEDNESDAY, MARCH 9, 1994

1547

*HB 1910: The Senate Urban and County Affairs Committee offered the following amendment:

Amend HB 1910 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 48, 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:

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

Those not voting were Senators:

Abernathy Alien Blitch

Egan Hill Langford of 35th (excused)

Robinson 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 HB 1833 and HB 1910, having received the requisite constitutional majority, were passed.
HB 1833 and HB 1910, having received the requisite constitutional majority, were passed as amended.

SENATE RULES CALENDAR
Wednesday, March 9, 1994
THIRTY-EIGHTH LEGISLATIVE DAY
HB 1710 Superior Court Clerks, Probate Judges, Sheriffs--minimum salaries (Judy--16th) Coleman--142nd
HB 1672 Public Service Commission--appropriate gas supply plans for gas utilities (F&PU--44th) Watson--139th
HB 1762 Sales Tax--exempt certain off-road equipment in timber harvesting (F&PU--19th) Smith--169th
HB 676 Long Distance Charges on Certain Phones, Certain Areas--eliminate (F&PU--44th) Carter--166th

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JOURNAL OF THE SENATE

HB 1398 Supreme Court Justices, Appeals Judges--compensation (Amendment) (Judy--16th) Cauthorn--35th
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 8, 1994.)
HB 1515 Child Support--health insurance coverage for children (Substitute) (Judy--42nd) Cox--160th
HB 1677 Debit Card Fraud--create criminal offense (B&FI--8th) Floyd--172nd
HB 1391 Polygraph Examiners Act (Chapter 36)--repeal (ST&I--40th) Skipper--137th
HB 1623 Mutual Insurer--procedures on conversion to stock insurer (Substitute) (I&L--19th) Culbreth--132nd
HB 1435 Solid Waste Permits--limitations on modification (Nat R--51st) Stancil--16th
HB 1332 Health Care Licensing--private home care providers (H&HS--22nd) Martin--47th
HB 1860 Hearing Aid Dealers, Dispensers--continuing education (Amendment) (YA&HE--52nd) Williams--114th
HB 1810 State Government--provide for decentralization (Approp--14th) Hanner--159th
HR 863 Carlton H. Colwell Probation Detention Center--designate (Corr--4th) Murphy--18th
SR 568 Senate Pain Management Study Committee--create (Rules--55th)
HB 1608 Builder/Purchaser Disputes--provide arbitration (C Aff--55th) Watson--139th
HB 1415 Local Government Audits--standards under which conducted (U&CA G--33rd) Lane--55th
HB 1334 Dangerous Drug List--relating to certain grades of nitrous oxide (H&HS--10th) Snow--2nd
HB 671 Employees' Retirement--certain county employees now in Children and Youth Services (Ret--29th) Reichert--126th
HB 1376 Commercial Driver's License Act--definitions (Pub Saf--17th) Parham--122nd
HR 1002 Chatham County--lease of certain state property (Substitute) (F&PU--1st) Bor deaux--151st
HB 1080 Carjacking--provide for offense (Substitute) (S Judy--3rd) Heard--89th
HB 471 Motor Vehicle Insurance--claims covered by two carriers (I&L--28th) (Hol land--157th)
HR 943 CA: Contracts Among Health Care Providers--General Assembly authorize (H&HS--22nd) Skipper--137th
HB 1403 Offense of Escape--penalty when certain former convictions (S Judy--52nd) Perry--llth
HB 1921 Unemployment, Workers' Compensation--redefine employment (Substitute) (Judy--42nd) Thomas--100th
HB 1499 Certain Sheriffs--deposit of cash bonds in interest bearing accounts (Judy--37th) Cauthorn--35th
HB 1429 Elections (Title 21)--conform to National Voter Registration Act (Ethics--54th) Holmes--53rd
HB 1798 Official State Crop--peanut (Ag--llth) Reaves--178th
HB 1728 High-Voltage Safety Act--repeal enforcement, administration by Labor Commis sioner (I&L--41st) Dixon--150th
HB 1400 Liens on Aircraft--for services, supplies provided (S Judy--54th) Coker--31st

WEDNESDAY, MARCH 9, 1994

1549

HR 921 Aged and Disabled Transportation Task Force--create (Amendment) (Rules--4th) Snow--2nd
HB 1270 Lead Hazard Reduction Program--Department of Human Resources administer (H&HS--55th) Simpson--101st
HB 1641 Seed Arbitration Council--provide (Amendment) (Ag--llth) Reaves--178th
HB 419 Employees' Retirement--service credit when absent due to job injury (Ret--5th) Mueller--152nd
HB 389 Labor--pay stubs for temporary employees (Amendment) (I&L--55th) Sinkfield--57th
HB 1690 Master Plumber Licenses--continuing education (Amendment) (ST&I--41st) Byrd--170th
HB 1358 Theft Offenses--presumption of intention to convert rented property (Amendment) (Judy--28th) Dobbs--92nd
HB 1658 On-Site Individual Sewage Management Systems--reexamination by Dept. of Human Resources (Substitute) (H&HS--39th) Childers--13th
HB 1653 Public Safety Department--no action on certain accident reports, claims (Amendment) (S Judy--52nd) Twiggs--8th
HB 1684 National Guard--assisting in drug enforcement (D&VA--15th) Birdsong--123rd
HB 1836 Secured Transactions--filing to perfect security interest (Judy--42nd) Chambless--163rd
HB 1462 Certificated Education Personnel--jurisdiction, Professional Practices Commis sion (Ed--21st) Klein--39th
HB 1704 Special County 1% Sales Tax--for solid waste facilities (Substitute) (F&PU--18th) Buck--135th
SR 584 Certain Income Tax Collected from Federal Retirees--urge refund (D&VA--15th)
HB 1327 Associate Juvenile Court Judges--qualifications (S Judy--37th) Hammond--32nd
HB 1878 Auctioneers--provide exception to chapter provisions (ST&I--41st) Teper--61st
HR 961 Ralph "Country" Brown Highway--designate (Trans--53rd) Perry--llth
HR 796 Environmental Protection Division--encourage mechanisms to reduce air pollu tion (Nat R--55th) Lane--146th
HB 326 Misdemeanor Bad Check Violations--bond forfeiture (Substitute) (S Judy--28th) Reichert--126th
HR 962 State Museum and State Library Study Commission--create (Rules--18th) Walker--141st
HR 808 Family and Support Plan for Disabled--urge development (H&HS--10th) Sherrill--62nd
HB 1308 Insurance Adjuster--term not include salaried employee (Substitute) (I&L--21st) Coker--31st
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 8, 1994.)
HB 1153 Employees' Retirement for Certain County DFACS--delete population figure (Ret--39th) Holmes--53rd
Respectfully submitted,
/s/ Scott of the 36th, Chairman Senate Rules Committee

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JOURNAL OF THE SENATE

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

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.
Senate Sponsor: Senator Robinson of the 16th.

Senator Ralston of the 51st moved that he be excused from voting on HB 1710 pursu ant to Senate Rule 175.
On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Ralston of the 51st was excused from voting on HB 1710.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Boshears Bowen Broun of 46th Cheeks Clay Coleman Dean Farrow Gillis Guhl Harbison

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

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

Those voting in the negative were Senators:

Balfour Baugh Burton Crotts Day

Edge Glanton Gochenour Isakson McGuire

Newbill Ragan of 32nd Thompson Tysinger

Those not voting were Senators:

Abernathy Alien Blitch

Brown of 26th

Perdue

Egan

Ralston (excused)

Langford of 35th (excused) Walker

On the passage of the bill, the yeas were 33, nays 14. The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 9, 1994

1551

The following bill was taken up to consider House action thereto:
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.
Senator Hill of the 4th moved that the Senate adhere to the Senate substitute and that a Conference Committee be appointed.
On the motion, the yeas were 37, nay 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1314.
The President appointed as a Committee of Conference on the part of the Senate the following:
Senators Hill of the 4th, Ralston of the 51st and Starr of the 44th.
The Calendar was resumed.
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.
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
March 1, 1994
The Honorable Terrell Starr, Chairman Senate Finance and Public Utilities Committee State Capitol, Room 420C Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1672 (LC 10 0789S) Amend Provisions Relating to the Public Service Commission
Dear Chairman Starr:
This bill would change the apportionment methodology for special fees assessed upon utilities and public service corporations. The basis for apportionment among these utilities and public service corporations is currently the value of their property and would change to gross revenues resulting from intrastate service regulated by the Public Service Commission (PSC). In addition, this bill would require each gas utility to file its gas supply plan for the following year with the PSC by August 1. The PSC would then have 45 days to issue an order approving the gas supply plan filed by the gas utility or adopting a gas supply plan for the gas utility that the PSC deems appropriate. Each gas utility would also be required to file its actual monthly purchased gas costs and accumulated purchased gas costs during the recovery year as well as its most current data available on monthly and accmulated overrecoveries or underrecoveries of actual purchased gas on a monthly basis. In addition, gas utilities would be required to file their proposed revisions to the adjustment factors based on actual unrecovered purchased gas costs quarterly.

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The fiscal impact of this bill is approximately $41,000 in additional state expenditures resulting from the additional hearings and necessary monitoring of the gas utilities.
Sincerely,
is/ 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:

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

Glanton Gochenour Guhl Harbison Hemmer Henson Hill Huggins Isakson 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 Walker

Those not voting were Senators:

Abernathy Alien Edge

Egan Hooks Kemp

Langford of 35th (excused) Robinson Tysinger

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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.
Senate Sponsor: Senator Ray of the 19th.

WEDNESDAY, MARCH 9, 1994

1553

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 Thomas B. Buck, III, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1762 (LC 18 6078) Sales Tax Exemption: Off-Road Equipment
Dear Chairman Buck:
This bill would exempt from the State's sales and use tax purchases of off-road equip ment used exclusively in site preparation, planting, cultivating and harvesting timber.
The fiscal impact of this bill is an estimated reduction of the State revenues in fiscal year 1995 of between $90,000 and $120,000.
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:

Balfour Baugh Boshears
Bowen Broun of 46th Brown of 26th "rtn ~ heeks

Guhl Harbison Hemmer
Henson Hooks Huggins Isakson Kemp

PCCoro,lyettms an Day Dean Edge Farrow Gillis Gochenour

MLaandjgdfoenrd of 29th 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

Egan Glanton

Hill 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.

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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.
Senator Cheeks of the 23rd moved that the Senate adhere to its disagreement to the House amendment to the Senate substitute and that a Conference Committee be appointed.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to the Senate substitute to HB 690.
The President appointed as a Committee of Conference on the part of the Senate the following:
Senators Cheeks of the 23rd, Marable of the 52nd and Ray of the 19th.
The following bill was taken up to consider House action thereto:
SB 396. By Senators Scott of the 36th, Ray of the 19th and Clay of the 37th: A bill to amend Code Sections 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.
Senator Scott of the 36th moved that the Senate adhere to its disagreement to the House amendments to SB 396 and that a Conference Committee be appointed.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendments to SB 396.
The President appointed as a Committee of Conference on the part of the Senate the following:
Senators Hill of the 4th, Scott of the 36th and Clay of the 37th.
The following bill was taken up to consider House action thereto:
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.
Senator Perdue of the 18th moved that the Senate insist on its substitute to HB 1489.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1489.
The Calendar was resumed.
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 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 9, 1994

1555

long-distance charge for calls between two telephones where the central offices serving such telephones are within 16 miles of each other.
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 Balfour Baugh Boshears Bowen
Burton Cheeks Clay Coleman Day Dean Edge 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 Slotin Starr Taylor Thomas Turner Tysinger

Those not voting were Senators:

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

Crotts Egan Hemmer Langford of 35th (excused)

Scott Thompson Walker

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following general bill of the House, having been read the third time and final ac tion suspended on March 8, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:
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.
Senate Sponsor: Senator Robinson of the 16th.
The amendment offered by Senator Tysinger of the 41st on March 8, as it appears in the Journal of March 8, was automatically reconsidered.
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.

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JOURNAL OF THE SENATE

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

Abernathy Balfour Baugh Boshears Broun of 46th Brown of 26th
Burt?n Cfaeeks pCo/leman Crotts D j) ean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Henson Hm
Hooks Huggins TIs_ akson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd
Ralston Ray R,_, obinson Scott Slotin Starr Taylor Thomas Turner Tysinger

Those not voting were Senators:

Alien Blitch Bowen

Hemmer

Thompson

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 as amended.

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 fraudently withdraw, pay or transfer money from a deposit account in a financial institution.

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:

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

WEDNESDAY, MARCH 9, 1994

1557

Pollard Ragan of llth Ragan of 32nd Ralston Ray

Robinson Scott Slotin Starr Taylor

Those not voting were Senators:

Alien Blitch

Coleman Hemmer

Thomas Thompson Turner Tysinger Walker
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.

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

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator Cheeks.

Those not voting were Senators:

Alien Coleman Glanton

Hemmer Langford of 35th (excused) Middleton

Ragan of 32nd Starr Thomas

On the passage of the bill, the yeas were 46, nays 1.

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.
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.
Senate Sponsor: Senator Ray of the 19th.
The Senate Insurance and Labor Committee offered the following substitute to HB 1623:
A BILL
To be entitled an Act 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 plans or procedures relative to the conversion of a mutual insurer to a stock insurer; to provide for the continuation of corporate existence; to provide for the use of corporate names; to provide for procedures for conversion to a stock insurer of a mutal insurer which is insolvent or does not meet certain requirements; 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 OP GEORGIA:
Section 1. Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock and mutual insurers, is amended by striking subsection (c) of Code Section 33-14-7, relating to names of domestic mutual or stock insurance corporations, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) B Except as provided in subsection (d) of Code Section 33-14-76 with regard to converted insurers, if the corporation is a mutual insurer, the term 'mutual' shall also be a part of the name."
Section 2. Said chapter is further amended by striking Code Section 33-14-76, relating to the authorization and procedure for conversion of a mutual insurer to a stock insurer, and inserting in lieu thereof a new Code Section 33-14-76 to read as follows:
"33-14-76. (a) A mutual insurer may become a stock insurer under any plan and proce dure as may be approved by the Commissioner.
(b) The Commissioner shall not approve the plan or procedure unless:
(1) It is equitable to the insurer's members;
(2) It is subject to approval by vote of not less than three fourths 60 percent of the insurer's current members *etig who cast votes on such plan in person, by proxy, or by mail at a meeting of members called for the purpose pursuant to ten 20 days' notice and procedure as may be approved by the Commissioners;
(3) If a life insurer, the right to vote may be limited as the bylaws shall provide to members whose policies are other than term or group policies and have been in effect for more than one year;
(4) The equity of each policyholder in the insurer is determinable under a fair formula approved by the Commissioner, which equity shall be based upon not less than the insurer's entire statutory surplus after deducting contributed or borrowed surplus funds plus a rea sonable present equity in its reserves and in all nonadmitted assets, less expenses of the conversion;
(5) The polieyholder policyholders entitled to participate in the purchase of stock or distributing of assets shall include all current policyholders and nil existing persons who had

WEDNESDAY, MARCH 9, 1994

1559

boon policyholdcrs of the insurer within three years prior to the date the plan was aubmitted to the Commissioner who own a policy for which all premiums due have been fully paid on the date the plan was adopted by the board of directors of the insurer;
(6) The plan, as elected by the insurer and voted upon by the members, gives to each policyholder of the insurer as specified in paragraph (5) of this subsection one of the following:
(A) (i) A preemptive right to acquire his or her proportionate part of all of the proposed capital stock of the insurer within a designated reasonable period and to apply upon the purchase price thereof the amount of his or her equity in the insurer as determined in para graph (4) of this subsection. 7
?} (ii) Shares are so offered to policyholders at a price not greater than that to be thereafteTbffered to others but at not more than double the per value of the shares, .
{8} (iii) The plan provides for payment, to each policyholder not electing to apply his or her equity in the insurer for or upon the purchase price of stock to which preemptively entitled, of cash in the amount of not less than 50 percent of the amount of his or her equity not so used for the purchase of stock, which cash payment together with stock so purchased, if any, shall constitute full payment and discharge of the policyholder's equity as an owner of the mutual insurer; and
(B) Payment in cash to each policyhplder of 100 percent of his or her equity in the insurer, as determined in paragraph (4) of this subsection; or
(C) (i) A preemptive right to acquire a percentage of his or her proportionate part of all of the proposed capital stock of the insurer within a designated reasonable period and to apply upon the purchase price thereof that same percentage amount of his or her equity in the insurer as determined in paragraph (4) of this subsection.
(ii) Shares are so offered to policyholders at a price not greater than that to be thereaf ter offered to others.
(iii) The plan provides for payment, to each policyholder not electing to apply his or her equity" in the insurer for or upon the purchase price of stock to which preemptively entitled, of cash in the amount of not less than 50 percent of the amount of his or her equity not so used for the purchase of stock, which cash payment together with stock so purchased, if any, shall constitute full payment and discharge of the policyholder's equity as an owner of the mutual insurer; and
^9) (7) The plan when completed would provide for the converted insurer paid-in capi tal stoclcfn an amount not less than the minimum paid-in capital required of a domestic stock insurer transacting like kinds of insurance together with surplus funds in an amount required for the insurer under this title.
(c) The corporate existence of a mutual insurer converting to a stock insurer pursuant to tKIs Code section shall not terminate upon such conversion, but the new stock insurer shall be deemed to be a continuation of the mutual insurer and to have been organized on the date the mutual insurer was originally organized.
(d) The insurer which has converted from a mutual to a stock company may continue to use its old name or may change its name pursuant to the laws of this state. In the event the converted insurer continues to use the word mutual in its name, then it shall include words after its name identifying the converted insurer as a stock insurer.
(e) (1) The Commissioner may approve any plan or procedure to become a stock insurer filed by a mutual insurer which at the time of the filing of such plan or procedure is insol vent or does not meet the minimum statutory surplus requirements, provided that such plan or procedure, on the date such plan or procedure is completed, would provide for the con verted insurer paid-in capital stock in an amount not less than the minimum paid-in capital required of a domestic stock insurer transacting like kinds of insurance together with sur plus funds in a amount required for the insurer under this title. The mutual insurer may

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JOURNAL OF THE SENATE

provide in the plan or procedure for the waiver of the requirement to give notice to policyholders, to obtain policyholder approval of the plan or procedure, or to make any distribu tion of the policyholders' equity in the mutual insurer to any policyholder where the value of the mutual insurer, due to its insolvency or its failure to meet minimum statutory surplus requirements, does not warrant any such notice, approval, or distribution under the circum stances, including the expense involved in such a distribution.
(2) A plan or procedure described in paragraph (1) of this subsection must include a description of how the mutual insurer will meet the statutory surplus and capital require ments on the date the plan or procedure is completed, which may involve the issuance and sale directory to one or more purchasers of the capital stock of the converted insurer or of a corporation which will own 100 percent of the converted insurer."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Guhl Harbison Hill Hooks Huggins Kemp Langford of 29th Madden Marable McGuire Middleton 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 Coleman Gochenour Hemmer

Henson

Newbill

Isakson

Starr

Langford of 35th (excused) Taylor

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

WEDNESDAY, MARCH 9, 1994

1561

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.
Senate Sponsor: Senator Ralston of the 51st.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Clay 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 Ralston Ray Robinson Scott Slotin Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Bowen Coleman

Hemmer

Ragan of 32nd

Langford of 35th (excused) Starr

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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.
Senate Sponsor: Senator Walker of the 22nd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour 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 Ray Scott Slotin Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Coleman Crotts

Guhl Isakson Langford of 35th (excused)

Ralston Robinson Starr

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Marable of the 52nd.
The Senate Youth, Aging and Human Ecology Committee offered the following amendment:
Amend HB 1860 by striking on line 4 of page 1 the numeral "18" and inserting in its place the following:
"14".

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

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen
Broun of 46th

Brown of 26th Burton Clay Coleman Dean Edge
Egan

Farrow Gillis Glanton Gochenour Guhl Harbison
Hemmer

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1563

Henson Hill Hooks Huggins Langford of 29th Madden Marable McGuire

Middleton Newbill Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ray

Robinson Scott Slotin Starr Taylor Thomas Turner Tysinger

Those not voting were Senators:

Alien Cheeks Crotts Day

Isakson Kemp Langford of 35th (excused) Perdue

Ralston Thompson Walker

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Perdue of the 18th introduced the doctor of the day, Dr. Jim Dawson of Perry, Georgia.
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.
Senate Sponsor: Senator Hooks of the 14th.
Senators Gillis of 20th and Hooks of the 14th offered the following amendment to HB 1810:
Amend HB 1810 by striking Line 19 of Page 6 and inserting in its place the following:
"of five county Atlanta metropolitan area."
Fulton DeKalb Cobb Gwinnett Clayton
Senator Hooks of the 14th asked unanimous consent that the amendment be withdrawn.
The consent was granted and the amendment was withdrawn.
Senator Robinson of the 16th offered the following amendment:
Amend HB 1810 by deleting Section 8.
Senator Edge of the 28th offered the following amendment:
Amend HB 1810 by striking paragraph 2 on line 31 of page 8.
Also strike ";or" on line 30 of page 8.
Senator Robinson of the 16th moved that the previous question be ordered.

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JOURNAL OF THE SENATE

On the motion, 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 Cheeks Coleman Crotts Dean Farrow Gillis

Harbison Hemmer Hill Hooks Huggins Kemp Langford of 29th Madden Marable Middleton Newbill

Parrish Perdue Pollard Ragan of llth Ralston Ray Robinson Starr Taylor Thompson Turner

Those voting in the negative were Senators:

Abernathy Alien B alf ur BBousrhtoenars
Clay
Day

Edge Egan Glanton GGuohchl enour
Henson
Isakson

McGuire Oliver j^ of 32nd 0bcott
Slotin
Tysinger

Those not voting were Senators: Langford of 35th (excused) Thomas

Walker

On the motion, the yeas were 33, nays 20; the motion prevailed, and previous question was ordered.
On the adoption of the amendment offered by Senator Robinson of the 16th, the Presi dent ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears
nBnBrrooWwuenn" oo,ffe 4,n2c6n6.ttihuih Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison
SHTHTie6'lnnml smoner Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of llth
RDKaa.IgisTM*ton,,of
Starr Taylor Thomas Thompson Turner Tysinger

WEDNESDAY, MARCH 9, 1994

1565

Those not voting were Senators:

Langford of 35th (excused) Robinson

Walker

On the adoption of the amendment, the yeas were 53, nays 0; and the Robinson amend ment was adopted.
On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 43, nays 2: and Edge Amendment was adopted.

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

Those voting in the affirmative were Senators:

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

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

McGuire Middleton Perdue Pollard Ragan of llth Ralston Ray Robinson Starr Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Abernathy Clay Day Edge Egan

Henson Newbill Oliver Parrish

Ragan of 32nd Scott Slotin Thomas

Those not voting were Senators:

Glanton

Langford of 35th (excused) Walker

On the passage of the bill, the yeas were 40, nays 13. The bill, having received the requisite constitutional majority, was passed as amended. Senator Broun of the 46th introduced Dean William P. Flatt, commended by SR 572, adopted previously. The Calendar was resumed.
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.
Senate Sponsor: Senator Hill of the 4th.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Boshears Broun of 46th Burton Cheeks Coleman Crotts Day Dean Egan Farrow Gillis

Glanton Gochenour Harbison Hemmer Henson Hill Hooks Huggins 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:

Blitch Bowen Brown of 26th Clay

Edge Guhl Isakson Kemp

Langford of 35th (excused) Parrish Perdue

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

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

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereto:

The Conference Committee report on HB 1196 was as follows:

The Committee of Conference on HB 1196 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1196 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OR REPRESENTATIVES:

/s/ Terrell A. Starr Senator, 44th District

/s/ William J. Lee Representative, 94th District

/s/ Nadine Thomas Senator, 10th District

/s/ Frank I. Bailey, Jr. Representative, 93rd District

Pam Glanton Senator, 34th District

/s/ A. Richard Royal Representative, 164th District

Committee of Conference Substitute to HB 1196

A BILL

To be entitled an Act to amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment and assessment duties of county boards of tax asses sors, so as to provide for conditions under which valuations established or decisions ren dered on certain appeals can be changed by such board; 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:

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"(c) Real property, the value of which was established by an appeal in any year, that has not been returned by the taxpayer at a different value during the next two successive years, may not be changed by the board of tax assessors during such two years for the sole purpose of changing the valuation established or decision rendered in an appeal to the board of equalization or superior court. In such cases, before changing such value or deci sion, 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.
Senator Starr of the 44th moved that the Senate adopt the Conference Committee re port on HB 1196.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Those not voting were Senators:

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

Alien Blitch Bowen Clay

Isakson Kemp Langford of 35th (excused) Middleton

Parrish Perdue Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Conference Committee report on HB 1196 was adopted.

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The Calendar was resumed.

SR 568. By Senators Henson of the 55th and Parrish of the 43rd: A resolution creating the Senate Pain Management Study Committee.

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th ^urto, n tC/hoeleemksan
Crotts j)av Dean Edge Farrow Gillis

Glanton Gochenour Harbison Hemmer Henson Hm Hooks I"TuSSlns
KemP Langford of 29th Madden Marable McGuire Newbill

Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott ,^-,l, ot,.m
Starr Taylor Thomas Thompson Turner Tysinger

Voting in the negative was Senator Guhl.

Those not voting were Senators:

Abernathy Alien Bowen Clay

Egan Isakson Langford of 35th (excused) Middleton

Oliver Parrish Perdue Walker

On the adoption of the resolution, the yeas were 43, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
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".
Senate Sponsor: Senator Henson of the 55th.
Senator Robinson of the 16th offered the following amendment:
Amend HB 1608 by inserting on line 11 of page 3 between the word "residence" and the period:

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", except any person who has been licensed by any local governing authority specifically for purposes of contracting or undertaking as prime contractor the construction of any new single-family residence"
and further by inserting on p. 12 a new section:
"Section 6. The effective date of this Act is April 1, 1995.
On the adoption of the amendment, the yeas were 31, nay 0, and the Robinson amend ment was adopted.
Senators Langford of the 29th and Pollard of the 24th offered the following amendment:
Amend HB 1608 by striking lines 28 and 29 of page 5 and in lieu thereof insert the following:
"Notify the builder of any item of construction where the consumer believes that mate rial damages to the home in excess of local industry standards are probable due to a viola tion of any standard codes"
Inserting after the "." on line 31 of page 5 the following: "Such notification shall be accompanied by written verification of the potential code violation by the local code official unless no such official exists."
On the adoption of the amendment, the President offered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those voting in the negative were Senators:

Abernathy Boshears Brown of 26th Egan

Harbison Henson Huggins Oliver

Parrish Slotin Taylor Walker

Those not voting were Senators:

Alien Farrow

Hooks Langford of 35th (excused)

Perdue

On the adoption of the amendment, the yeas were 39, nays 12; and the Langford and Pollard amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th BTB,ruorwt.onn of 26th CClhaeyeks
Coleman Crotts Day Dean Edge Egan

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson THHTiulgl gm s IKsaekmspon
Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston p> KpQ ,ofb..inson fStoairmr
lavlor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Farrow

Hooks

Perdue

Langford of 35th (excused) Scott

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 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 2021. By Representative Tillman of the 173rd:
A bill to amend an Act creating the Board of Commissioners of Mclntosh County, so as to provide for four-year terms of office for members of the board of commissioners.

HB 2022. By Representatives Hart of the 116th, Padgett of the 119th, Brown of the 117th, Howard of the 118th and Connell of the 115th:
A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to provide for an additional judge thereof and for that judge's appointment, election, terms, powers, duties, jurisdictions, privileges, immunities, qualifications, and compensation.

HB 2029. By Representative Smith of the 102nd:
A bill to amend an Act creating the Board of Commissioners of Harris County, so as to change the commissioner districts in said county.

HB 2030. By Representative Crawford of the 129th:
A bill to amend an Act providing a new charter for the City of Molena, so as to provide for two-year terms for the mayor and councilmembers.

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HB 2031. By Representative Holmes of the 53rd: A bill to create the Atlanta-Fulton Family Connection Authority.
HB 2032. By Representatives Watson of the 139th, Floyd of the 138th, Ray of the 128th and Walker of the 141st: A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the corporate limits of said city.
HB 2033. By Representative Hughes of the 19th: A bill to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commissioner.
HB 2035. By Representative Parrish of the 144th: A bill to amend an Act providing for the election of the members of the Treutlen County Board of Education, so as to provide for the compensation of the mem bers of the board.
HB 2036. By Representative Powell of the 23rd: A bill to create the Hart County Industrial Development Authority.
HB 2037. By Representative Smith of the 169th: A bill to amend an Act providing for the election of the board of education of Bacon County, so as to change the provisions relating to the compensation and benefits of the chairperson and members of the board.
HB 2038. By Representatives Watson of the 139th, Floyd of the 138th, Walker of the 141st, and Ray of the 128th: A bill to create the Houston County School District Building Authority as a pub lic corporation and an instrumentality of the State of Georgia.
HB 2039. By Representatives Ray of the 128th and James of the 140th: A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the compensation of the members of said board of commissioners.
HB 2040. By Representative Tillman of the 173rd: A bill to amend an Act placing the clerk of the superior court, sheriff, and tax commissioner of Mclntosh County upon an annual salary, so as to change the provisions relating to the salary and expense allowance of the sheriff.
HB 2041. By Representative Tillman of the 173rd: A bill to amend an Act abolishing the fee system of compensating the clerk of the superior court, the sheriff, and the tax commissioner of Mclntosh County and to provide in lieu thereof annual salaries for such officers, so as to change the provi sions relating to the compensation and fees of the tax commissioner.
HB 2042. By Representative Streat of the 167th: A bill to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson, so as to reapportion the county; to provide for new districts.

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HB 2043. By Representatives Carlisle of the 107th and Yates of the 106th: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Spalding County.
HB 2044. By Representatives Carlisle of the 107th and Yates of the 106th: A bill to provide for the nonpartisan nomination and election of the chief magis trate of the Magistrate Court of Spalding County.
HB 2034. By Representatives Polak of the 67th, Mobley of the 69th, Sherrill of the 62nd, O'Neal of the 75th, Randolph of the 72nd and others: A bill to amend an Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, so as to increase such homestead exemption to $8,000.00 for certain residents of said city who are 62 years of age or over.
HB 2045. By Representative Yates of the 106th: A bill to provide for a homestead exemption from Spalding County ad valorem taxes for county purposes for certain residents of that county.
HB 2046. By Representative Yates of the 106th: A bill to provide for a homestead exemption from County School District ad valorem taxes for school purposes for certain residents of that school district.
The following bills of the House were read the first time and referred to committee:
HB 2021. By Representative Tillman of the 173rd: A bill to amend an Act creating the Board of Commissioners of Mclntosh County, so as to provide for four-year terms of office for members of the board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 2022. By Representatives Hart of the 116th, Padgett of the 119th, Brown of the 117th and others: A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to provide for an additional judge thereof and for that judge's appointment, election, terms, powers, duties, jurisdictions, privileges, immunities, qualifications, and compensation.
Referred to Committee on Urban and County Affairs.
HB 2029. By Representative Smith of the 102nd: A bill to amend an Act creating the Board of Commissioners of Harris County, so as to change the commissioner districts in said county.
Referred to Committee on Urban and County Affairs.
HB 2030. By Representative Crawford of the 129th: A bill to amend an Act providing a new charter for the City of Molena, so as to provide for two-year terms for the mayor and councilmembers.
Referred to Committee on Urban and County Affairs.
HB 2031. By Representative Holmes of the 53rd: A bill to create the Atlanta-Fulton Family Connection Authority.
Referred to Committee on Urban and County Affairs.

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1573

HB 2032. By Representatives Watson of the 139th, Floyd of the 138th, Ray of the 128th and Walker of the 141st: A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the corporate limits of said city.
Referred to Committee on Urban and County Affairs.
HB 2033. By Representative Hughes of the 19th: A bill to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.
HB 2034. By Representatives Polak of the 67th, Mobley of the 69th, Sherrill of the 62nd and others: A bill to amend an Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, so as to increase such homestead exemption to $8,000.00 for certain residents of said city who are 62 years of age or over.
Referred to Committee of Urban and County Affairs.
HB 2035. By Representative Parrish of the 144th: A bill to amend an Act providing for the election of the members of the Treutlen County Board of Education, so as to provide for the compensation of the mem bers of the board.
Referred to Committee on Urban and County Affairs.
HB 2036. By Representative Powell of the 23rd: A bill to create the Hart County Industrial Development Authority.
Referred to Committee on Urban and County Affairs.
HB 2037. By Representative Smith of the 169th: A bill to amend an Act providing for the election of the board of education of Bacon County, so as to change the provisions relating to the compensation and benefits of the chairperson and members of the board.
Referred to Committee on Urban and County Affairs.
HB 2038. By Representatives Watson of the 139th, Floyd of the 138th, Walker of the 141st and Ray of the 128th: A bill to create the Houston County School District Building Authority as a pub lic corporation and an instrumentality of the State of Georgia.
Referred to Committee on Urban and County Affairs.
HB 2039. By Representatives Ray of the 128th and James of the 140th: A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the compensation of the members of said board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 2040. By Representative Tillman of the 173rd: A bill to amend an Act placing the clerk of the superior court, sheriff, and tax commissioner of Mclntosh County upon an annual salary, so as to change the provisions relating to the salary and expense allowance of the sheriff.
Referred to Committee on Urban and County Affairs.

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HB 2041. By Representative Tillman of the 173rd: A bill to amend an Act abolishing the fee system of compensating the clerk of the superior court, the sheriff, and the tax commissioner of Mclntosh County and to provide in lieu thereof annual salaries for such officers, so as to change the provi sions relating to the compensation and fees of the tax commissioner.
Referred to Committee on Urban and County Affairs.
HB 2042. By Representative Streat of the 167th: A bill to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson, so as to reapportion the county; to provide for new districts.
Referred to Committee on Urban and County Affairs.
HB 2043. By Representative Carlisle of the 107th: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Spalding County.
Referred to Committee on Urban and County Affairs.
HB 2044. By Representatives Carlisle of the 107th and Yates of the 106th: A bill to provide for the nonpartisan nomination and election of the chief magis trate of the Magistrate Court of Spalding County.
Referred to Committee on Urban and County Affairs.
HB 2045. By Representative Yates of the 106th: A bill to provide for a homestead exemption from Spalding County ad valorem taxes for county purposes for certain residents of that county.
Referred to Committee on Urban and County Affairs.
HB 2046. By Representative Yates of the 106th: A bill to provide for a homestead exemption from County School District ad valorem taxes for school purposes for certain residents of that school district.
Referred to Committee on Urban and County Affairs.
The President announced that the Senate would stand in recess from 12:06 P.M. until 12:30 P.M.
The President called the Senate to order at 12:30 P.M.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
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

WEDNESDAY, MARCH 9, 1994

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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 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 provisions 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 or the president or president's designee in the case of a prohibited act committed on a postsecondary institution campus; to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile pro ceedings, so as to change the provisions relating to the jurisdiction of the juvenile court; to provide that the superior court shall have exclusive 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 under certain conditions; 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 relating 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 delin quents, capital offenders, or deprived children; to provide for the confinement, treatment, and education of certain juveniles convicted as adults in superior court; to provide for notifi cation 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 cer tain 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 na ture 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 the provisions relating to the disposition of mentally ill or mentally retarded chil dren; to change provisions relating to when a child may be fingerprinted or photographed; to

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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 committed to the Department of Corrections; to provide for the confine ment of such persons; to amend Chapter 7 of Title 5 of the Official Code of Georgia Anno tated, relating to appeal or certiorari by state in criminal cases, so as to provide an addi tional instance in which an appeal may be taken by and on behalf of the State of Georgia from the superior court; to provide for severability; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "School Safety and Juve nile 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;
(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, other school employees and school dis trict employees, 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,

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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 pooacsa of have mretef-aueh person's control while at a school building, school function, or school property or on a bua or other transportation furnished by the school any weapon or cxploaivc com pound, other than fireworks the possession of which is regulated by Chapter 10 of Title 26. Any pcraon who violates this subsection shall, upon conviction thereof, be puniahcd by a fine or not more than $6,000.00, by imprisonment for not leas than one HOT 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 leaied 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 of postsecondary education!
(2) 'Weapon' (b) For the purposes of thia Code section, the term 'weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of three or more inches, straight-edge razor, spring stick, metal knucks, blackjack, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, 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 Participants in organized sport shooting events or firearm training courses;
(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;

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43) (4) 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; ad
(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;
44) (5) A person who has been authorized in writing by a duly authorized official of the school toliave 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;
4&) (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 or any weapon legally kept within vehicle in transit through a desig nated school zone by any person other than a student;
46) (7) A weapon which is in a locked compartment of a motor vehicle or one which is in a locked^bntainer in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age 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; pro vided, however, that this exception shall not apply to a student attending such school;
4?) (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;
48) (9) Those employees of the State Board of Pardons and Paroles when specifically designated" 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;
ftO) (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;
444) (12) Public safety directors of municipal corporations; and
4i3) (13) Trial judges;:
(14) United States attorneys and assistant United States attorneys;
(15) Clerks of the superior courts; or
(16) Teachers and other school personnel who are otherwise authorized to possess or carry weapons, provided that any such weapon is in a locked compartment of a motor vehi cle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle.

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(d) (1) This Code section shall not prohibit any person who resides or works in a busi ness or is in the ordinary course transacting lawful business or any person who is a visitor of such resident located 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 unlawful 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 oifense; 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 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 tetter remain 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 or designee 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 or designee 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.

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(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 or designee of such school shall request him or her" to do so shall be guilty of a misdemeanor oF a highlmd 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 or any dean or public safety officer employed by a college or uni versity 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 prohibited by any of the following:
(1) Code Section 16-5-21, relating to aggravated assault if a firearm is involved;
4D (2) Code Section 16-5-24, relating to aggravated battery;
<& (3) Chapter 6 of Title 16, relating to sexual offenses;
{3} (4) Code Section 16-11-127, relating to carrying deadly weapons at public gather ings; or
(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
{4} (7) Code Section 16-13-30, relating to possession and other activities regarding mari juana and" controlled substances,
may make a written shall immediately report of that the act and the name of the student to the principal or president of that school or the principal's or president's designee.
(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 aa aoon as possible immediately by telephone or otherwise to the appro priate school system superintendent. If the superintendent haa reasonable cause to believe that the report ia 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:

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"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), and (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 165-24, 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), emd- (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 or 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 yeas.
(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

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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 teacHir 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 guilty of a misdemeanor of a high and aggravated nature when he or she knowingly sells to or furnishes to a person under the age of 18 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 16-11-132 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; provided, however, that the term pistol or revolver shall not include a gun which discharges shot of .46 centimeters or less in diameter.
(2) For the purpose 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

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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 ssuubbssection (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 firnearms 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 not loaded;
(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 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

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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 losa of life or confinement for life in a penal institution;
(B) Who is alleged to be unruly;
(C) Who is alleged to be deprived;
(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

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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 3%e 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 child 13 to 17 years of age who is alleged to have committed any of the following offenses:
(i) Murder;
(ii) Voluntary manslaughter;
(iii) Rape;
(iv) Aggravated sodomy;
(v) Aggravated child molestation;
(vi) Aggravated sexual battery; or
(vii) Armed robbery if committed with a firearm.
(B) After indictment, the superior court may after investigation and for extraordinary cause~transfer any case involving a child 13 to 17 years of age alleged to have committed any pffense enumerated in subparagraph (A) of this paragraph which is not punishable by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution. Any such transfer shall be appealable by the State of Georgia pursuant to Co5e Section 5-7-1. Upon such a transfer by the superior court, jurisdiction shall vest in the juve nile court and jurisdiction of the superior court shall terminate. Any case transferred by the superior court to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 15-11-37 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 15-11-37.
(C) Before indictment, the district attorney may, after investigation and for extraordi nary 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 declin ing such prosecution in the superior court, the district attorney shall immediately withdraw the case and lodge it in the appropriate juvenile court for adjudication. Any case transferred by the district attorney to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 15-11-37 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 15-11-37.
(D) 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 lesser included orTense 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.
(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

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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 notwithstanding that such juvenile was tried and convicted as an adult in superior court. Any designated youth confinement unit in which a juvenile is housed shall be designed to ensure that juveniles are at all times housed separately from any adult offender incarcerated in the facility in which such youth confinement unit is located and shall be designed to facilitate rehabilitation of such juveniles, which shall mean that a youth confine ment unit shall be of a nondormitory design whenever possible and whenever such facilities become available and staffed by personnel who have received specialized training in the field of juvenile justice. All designated youth confinement units shall provide to youths 13 to 17 years of age who have been sentenced to such units as a result of a conviction in superior court as an adult of an offense enumerated in subparagraph (b)(2)(A) of Code Section 1511-5 life skills training, academic or vocational training, and substance abuse and violence prevention counseling to the extent that appropriations are available for such activities."
Section 16. Said article is further amended by striking in its entirety Code Section 1511-13, relating to the transfer of criminal and 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 sHall 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 Department 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

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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 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 court in which the case is pending 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 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 imme diately inform the juvenile court or a duly authorized officer of the juvenile court if a person

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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 a crime shall immedi ately inform the court in which the case is pending or a duly authorized officer of such court if a person who is or appears to be 13 to 17 years of age and who is alleged to have commit ted any offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-5 is received at the 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) Offcn3c(a) 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 Cor rections, and by the Georgia Council of Juvenile Court Judges."
Section 19.5. Said article is further amended by striking subsection (b) of Code Section 15-11-35, relating to disposition of a delinquent child, and inserting in lieu thereof the following:

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"(b) At the conclusion of the adjudicatory hearing, if the child is found to have commit ted a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driver's license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the driver's license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Public Safety of any such actions taken pursuant to this subsec tion. If the child is adjudicated for the commission of a delinquent act, the court may in its discretion, in addition to any other treatment or rehabilitation, order the child to serve up to a maximum of 90 days in a youth development center."
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 Correc tions or the Department of Children and Youth Services shall be HIV tested in accordance with the policies and procedures of the respective department
(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:
(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^-if
(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;
(B) If done by an adult, would be one or more of the following crimes:
(A) Murder, rape, kidnapping, or araon in the first degree, if done by a juvenile 18 or more years of age;
(i) Kidnapping or arson in the first degree, if done by a juvenile 13 or more years of age;

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{B} (ii) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson in the second degree, aggravated battery, robbery, or armed robbery not involving a firearm, if done by a juvenile 13 or more years of age;
{} (iii) Attempted murder or attempted kidnapping, if done by a juvenile 13 or more years of age; f
(iv) The carrying or possession of a weapon in violation of subsection (b) of Code Sec tion 16-11-127.1; or
{6} (v) 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; 01-
(C) Constitutes an offense within the exclusive jurisdiction of the superior court pursu ant tcTsubparagraph (b)(2)(A) of Code Section 15-11-5 which is transferred by the superior court to the juvenile court for adjudication pursuant to subparagraph (b)(2)(B) of Code Section 15-11-5 or which is transferred by the district attorney to the juvenile court for adjudication pursuant to subparagraph (b)(2)(C) of Code Section 15-11-5."
Section 22. Said article is further amended by striking paragraph (1) of subsection (e) of Code Section 15-11-37, relating to designated felony acts, and inserting in lieu thereof the following:
"(1) The order shall provide that:
(A) The juvenile shall be placed in the custody of the Department of Children and Youth Services for an initial period of five years;
(B) The juvenile shall initially be confined in a youth development center for a period set by the order, to be not less than 12 nor more than 8 60 months; provided, however, that time spent in secure detention subsequent to the date of tFe order and prior to placement in a youth development center shall be counted toward the period set by the order; and, pro vided, further, that, where the order of the court is made in compliance with subsection (f) of this Code section, the juvenile shall initially be confined in a youth development center for 18 months;
(C) After the period set under subparagraph (B) of this paragraph, the juvenile shall be placed under intensive supervision for a period of 12 months; and
(D) The juvenile may not be released from a youth development center or transferred to a nonsecure facility during the period provided in subparagraph (B) of this paragraph nor may the juvenile be released from intensive supervision during the period provided in subparagraph (C) of this paragraph, unless by court order. No home visits shall be permitted during the first six-month period of confinement in a youth development center unless au thorized by the court except for emergency visits for medical treatment or severe illness or death in the family. All home visits must be carefully arranged and monitored while a youth is confined in a youth development center, whether such confinement is pursuant to a court order or otherwise;".
Section 23. 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."
Section 24. Said article is further amended by adding at the end of Code Section 15-1140, relating to disposition of mentally ill or mentally retarded children, a new subsection (e) to read as follows:

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"(e) The provisions of Code Section 15-11-5.1 shall not apply to any child 13 to 15 years of age who is found to be suffering from mental illness or mental retardation. Any such child shall not be committed to the Department of Corrections but shall be committed to the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources as provided in this Code section."
Section 25. 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 prosecution, 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 26. 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 not involving a firearm, aggravated 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 those of a child ahall be maintained on a local basia only and shall not be sent 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 criineT
(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.
{e} (d) Fingerprint files of children may be inspected by law enforcement officers when necessafyT'or 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.
(d) (e) Upon application of the child, fingerprints of a child shall be removed from the file and destroyed iff a petition alleging delinquency is not filed or the proceedings are dis missed after either a petition is filed or the case is transferred to the juvenile court as pro vided in Code Section 15-11-13 or the child is adjudicated not to be a delinquent childT
(1) A petition alleging delinquency is not filed, or the proceedings arc dismissed after either a petition is filed or the case ia transferred to the juvenile court as provided in Code Section 16-11 18, or the child ia adjudicated not to be a delinquent child; or
(2) The child reaches 21 years of age and there is no record that he committed a crimi nal offcnsc after reaching 16 years of age.
4e} (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 com parison 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.
{} (g) Without the consent of the judge, a child shall not be photographed after he or she is talcen into custody unless the case is transferred to another court for prosecution.

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{g} (h) (1) The name or picture of any child under the jurisdiction of the juvenile court for the Brit 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 person, firm, or corporation shall be guilty of any offense by making public the name or picture of any such child."
Section 27. 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 in 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 aubacction 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 assault^-of 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 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?
(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?1
Section 28. Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by state in criminal cases, is amended by striking in its entirety Code Section 5-7-1, relating to orders and judgments which are appealable, and inserting in lieu thereof a new Code Section 5-7-1 to read as follows:
"5-7-1. An appeal may be taken by and on behalf of the State of Georgia from the superior courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in criminal cases in the following instances:
(1) From an order, decision, or judgment setting aside or dismissing any indictment or accusation or any count thereof;
(2) From an order, decision, or judgment arresting judgment of conviction upon legal grounds;
(3) From an order, decision, or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy; ef
(4) From an order, decision, or judgment sustaining a motion to suppress evidence ille gally seized in the case of motions made and ruled upon prior to the impaneling of a jury?;

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(5) From an order, decision, or judgment transferring a case to the juvenile court pursu ant to subparagraph (b)(2)(B) of Code Section 15-11-57*
Section 29. 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 30. 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 31. All laws and parts of laws in conflict with this Act are repealed.
Senator Taylor of the 12th moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 440 by striking in their entirety lines 29 through 31 of page 20 which read as follows:
" '16-11-101. Except as otherwise provided in Code Section 16-11-101.1, a A person is guilty of a misdemeanor of a high and aggravated nature when he or", and inserting in lieu thereof the following:
" '16-11-101. A person is guilty of a misdemeanor of a high and aggravated nature when he or".
By striking in its entirety line 1 of page 21 which reads as follows:
"the age of 18 years a pistol, metal knuckles, or knives",
and inserting in lieu thereof the following:
"the age of 3i 18 years a pistol, metal knuckles; or knife".
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Broun of 46th B,,BCrhuoerwte,oknns of 26th Clay
Coleman Crotts Day Dean Edge

Farrow Gillis Glanton Gochenour Guhl Harbison THHHTieelnml smoner Kemp
Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Parrish Perdue Pollard R of mh 0K,,Roagfb.ainnsoonr. oQg2_nAd flotm
btarr Taylor Thompson Turner Tysinger

Those not voting were Senators:

Alien Bowen Egan Hooks

Huggins Isakson Langford of 35th (excused) Ralston

Ray Scott Thomas Walker

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On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 440 as amended by the Senate.
The Calendar was resumed.
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.
Senate Sponsor: Senator Oliver of the 42nd.
The Senate Judiciary Committee offered the following substitute to HB 1515:
A BILL
To be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change the provisions relating to accident and sick ness insurance coverage for children; to provide a rebuttable presumption; to provide for written findings; to provide for enforcement of accident and sickness insurance coverage for children and notice to employers; to provide for notice of coverage and authorization of payments of benefits; to provide for notice of termination; to provide for liability; to provide for a penalty; to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance in general, so as to implement federal requirements that health insurance coverage shall be available for certain dependents; to provide for the rights of the state where payments are made on behalf of certain persons; to provide for health coverage secured through a noncustodial parent; to provide requirements for insurers in cases of orders to provide health coverage; to prohibit insurers from certain actions; to provide for coverage of adopted children or children placed for adoption; 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 Code Section 19-6-15, relating to child support in final verdict or decree of divorce, and inserting in lieu thereof the following:
"19-6-15. (a) In the final verdict or decree, the trier of fact shall specify in what amount and from which party the minor children are entitled to permanent support. The final ver dict or decree shall further specify in what manner, how often, to whom, and until when the support shall be paid. The trier of fact must also determine whether the accident and sick ness insurance for the child or the children involved is reasonably available at reasonable costs through employment-related or other group health insurance policies to an obligor. For purposes of this Code section, accident and sickness coverage shall be deemed available if the obligor has access to any policy of insurance authorized under Title 33 through an employer or other group health insurance plan. If the accident and sickness insurance is deemed available at reasonable cost, the court shall order the obligor to obtain the coverage. If currently unavailable or unreasonable in cost, the court shall order the obligor to obtain coverage when it becomes available at a reasonable cost. When support is awarded, the party who is required to pay the support shall not be liable to third persons for necessaries furnished to the children embraced in the verdict or decree. In any case in which child support is determined by a jury, the court shall charge the provisions of this Code section but the jury shall not be required to return a special interrogatory. Furthermore, nothing contained within this Code section shall prevent the parties from entering into an enforcea ble agreement to the contrary which may be made the order of the court pursuant to the review by the court of child support amounts contained in this Code section.

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(b) The child support award shall be computed as provided in this subsection:

(1) Computation of child support shall be based upon gross income;

(2) For the purpose of determining the obligor's child support obligation, gross income shall include 100 percent of wage and salary income and other compensation for personal services, interest, dividends, net rental income, self-employment income, and all other in come, except need-based public assistance;

(3) The earning capacity of an asset of a party available for child support may be used in determining gross income. The reasonable earning potential of an asset may be deter mined by multiplying its equity by a reasonable rate of interest. The amount generated by that calculation should be added to the obligor's gross monthly income;

(4) Allowable expenses deducted to calculate self-employment income that personally benefit the obligor, or economic in-kind benefits received by an employed obligor, may be included in calculating the obligor's gross monthly income; and

(5) The amount of the obligor's child support obligation shall be determined by multi plying the obligor's gross income per pay period by a percentage based on the number of children for whom child support is being determined. The applicable percentages of gross income to be considered by the trier of fact are:

Number of Children
1 2 3 4 5 or more

Percentage Range of Gross Income
17 percent to 23 percent 23 percent to 28 percent 25 percent to 32 percent 29 percent to 35 percent 31 percent to 37 percent

Application of these guidelines shall create a rebuttable presumption that the amount of the support awarded is the correct amount of support to be awarded. A written finding or spe cific finding on the record for the award of child support that the application of the guide lines would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption in that case. Findings that rebut said presumption must state the amount of support that would have been required under the guidelines and include justification of why the order varies from the guidelines. These guidelines are intended by the General Assembly to be guidelines only and any court so applying these guidelines shall not abrogate its re sponsibility in making the final determination of child support based on the evidence presented to it at the time of trial.

(c) The trier of fact may vary the final award of child support, up or down, outside the range enumerated in paragraph (5) of subsection (b) of this Code section upon a written finding of special circumstances. The special circumstances may be any factor which the trier of fact deems to be required by the ends of justice. Some of the factors which may warrant such variations include, but are not limited to:

(1) Ages of the children;

(2) A child's medical costs or extraordinary needs;

(3) Educational costs;

(4) Day-care costs;

(5) Shared physical custody arrangement, including extended visitation;

(6) A party's other support obligations to another household;

(7) Income that should be imputed to a party because of suppression of income;

(8) In-kind income for the self-employed, such as reimbursed meals or a company car;

(9) Other support a party is providing or will be providing, such as payment of a mortgage;

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(10) A party's own extraordinary needs, such as medical expenses;
(11) Extreme economic circumstances (for example, unusually high debt structure or unusually high income which shall be construed as gross income of over $75,000 per annum);
(12) Historical spending in the family for children which varies significantly from the percentage table;
(13) Considerations of the economic cost-of-living factors of the community of each party, as determined by the trier of fact;
(14) In-kind contribution of either parent; and-
(15) The income of the custodial parentr; and
(16) The cost of accident and sickness insurance coverage for dependent children in cluded in the order.
(d) The guidelines shall be reviewed by a commission appointed by the Governor to ensure that their application results in the determination of appropriate child support award amounts. The commission will complete its review and submit its report within four years following July 1, 1989, and shall continue such reviews every four years thereafter. Nothing contained in such report shall be considered to authorize or require a change in the guidelines without action by the General Assembly having the force and effect of law. The commission shall also submit a report to the House Judiciary Committee and Senate Special Judiciary Committee during the 1991 regular session of the General Assembly. This report shall provide information which will allow these committees to review the effectiveness of the guidelines and, if necessary, revise these guidelines.
(e) The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs; provided, however, that, in any temporary or final order for child support with respect to any proceed ing for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the trier of fact, in the exercise of sound discretion, may direct either or both parents to provide financial assistance to a child who has not previously married or become emanci pated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such finan cial assistance shall not be required after a child attains 20 years of age. The provisions for support provided in this subsection may be enforced by either parent or the child for whose benefit the support is ordered.
(f) The provisions of subsection (e) of this Code section shall be applicable only to a temporary order or final decree for divorce, separate maintenance, legitimation, or paternity entered on or after July 1, 1992, and the same shall be applicable to an action for modifica tion of a decree entered in such an action entered on or after July 1, 1992, only upon a showing of a significant change of material circumstances."
Section 2. Said title is further amended by striking Code Section 19-11-26, relating to accident and sickness insurance coverage for children, and inserting in lieu thereof the following:
"19-11-26. (a) In all cases involving the assignment and collection of child support, or where medical assistance benefits are being provided, the department or court may determine, as a regular part of its investigation and inquiry, whethe accident and sickness inst ance coverage for the child or children involved is reasonably available to an obligor of sup port at a reasonable cost in connection with the obligor's employment or union. For purposes of this article, the term 'person or entity providing access to coverage' shalfmean an employer or union which offers a group insurance plan, as defined in Section 607(b) of the federal Employee Retirement Income Security Act of 1974, a health maintenance organ ization or a service benefit plan, or any other policy of health insurance under Title 33. If it is determined that such coverage is reasonably available in connection with the obligor's

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employment or union, the department is authorized to petition for modification of any existing order of support to include the provision of such coverage, to intervene in any pend ing action to have such coverage included, or to include the request for such coverage in any action brought by the department.
(b) Upon petition by the department to have accident and sickness insurance coverage included, any court or administrative hearing officer having jurisdiction over the matter may include the provision of medical support in any order of support it may enter, if the court is aatiaficd aa to the reasonable availability and reasonableness of the coat of such coverage such medical support is found to be available to the obligor in connection with his or her employment or union at a reasonable cost consistent with subsection (a) of this Code section.
(c) Any order requiring medical support under this Code section shall contain language notifying the support obligor that failure to provide accident and sickness insurance coyerage may result in direct enforcement of the order. Any order of medical support entered or modified prior to April 1, 1994, shall be construed as a matter of law to contain this notice.
(d) Any order requiring medical support under this Code section shall remain in effect until:
(1) A further order of the court or hearing officer;
(2) The child is emancipated, if there is no express language to the contrary in the order; or
(3) Coverage is no longer available and no conversion privileges exist at a reasonable cost To continue coverage beyond the termination date of the policy.
(e) Any order requiring medical support under this Code section shall not require a planTb provide any type or form of benefit, or any option not otherwise provided under the plan, except to the extent necessary to meet the requirements of this Code section."
Section 3. Said title is further amended by striking Code Section 19-11-27, relating to confidentiality of information and records, and inserting in lieu thereof the following:
"19-11-27. (a) Information and records obtained by the department pursuant to any provision of this article or Title IV D of the federal Social Security Act shall be deemed to be confidential and shall be rclcaacd only by permission of the party or parties named in the information or rccorda, by order of the court, or for those purposes specifically authorized by this article. Any person who violates this Code section shall be guilty of a misdemeanor-. Whenever a support obligor who is required to maintain accident and sickness insurance fails to provide such coverage as ordered, or allows such coverage to lapse, the department, the Department of Medical Assistance, or the other party may compel the obligor to obtain insurance coverage as provided in this Code section. The remedies provided in this Code section shall be in addition to and not in lieu of any other remedies available to the depart ment, the Department of Medical Assistance, or the other party.
(b) Upon failure of a support obligor to obtain accident and sickness insurance coverage as ofcTered, or upon the lapse of coverage required to be provided, the department, the De partment of Medical Assistance, or the other party may send a notice of enrollment by certified mail, return receipt requested, to the person or entity providing access to such coverage on behalf of the obligor. The notice shall include a certified copy of the latest order requiring health insurance coverage and the return address of the sender. Upon receipt of a notice of enrollment, any person or entity providing access to accident or sickness insurance coverage on behalf of the obligor shall immediately undertake to provide such coverage as specified in the notice of enrollment. Any person or entity providing access to accident or sickness insurance coverage on behalf of the obligor shall be deemed authorized to execute any document for the obligor in order to establish coverage. If more than one insurance plan is available, coverage shall be established under the obligor's existing plan or a previously existing plan where possible. If coverage under the obligor's existing plan or a previously existing plan cannot be established, the person or entity providing access to accident and

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sickness insurance coverage on behalf of the obligor shall establish coverage under the least expensive plan otherwise available.
(c) Any person or entity providing access to accident and sickness insurance coverage on behalf of the obligor pursuant to a notice of enrollment shall withhold from the obligor's income the amount necessary to pay the premium for the insurance coverage, provided that the amount deducted does not exceed the limitations of Section 303(b) of the federal Con sumer Credit Protection Act, as amended.
(d) Upon receipt of a notice of enrollment, the person or entity providing access to accident and sickness insurance coverage on behalf of the obligor shall notify the person or entity sending the notice of enrollment within 30 business days whether:
(1) Enrollment in an accident and sickness insurance plan has occurred; or
(2) Enrollment cannot be established, stating the reasons why coverage is not available."
Section 4. Said title is further amended by adding at the end of Article 1 of Chapter 11 three new Code sections to read as follows:
"19-11-28. (a) Any person or entity providing access to accident or sickness insurance coverage on behalf of the obligor pursuant to a notice of enrollment shall furnish to the person or entity sending the notice of enrollment the name of the accident and sickness insurance coverage provider, the extent of coverage available, and any necessary claim forms or enrollment membership cards necessary to obtain benefits.
(b) The signature of the obligee or an agent of the department shall constitute a valid authorization to any insurer to process benefits and to make payments to a health care provider or the obligee in accordance with any accident and sickness insurance policy.
(c) An order of medical support shall operate as an assignment to the support obligee of any right to benefits under a policy of accident and sickness coverage maintained by the obligor insofar as dependent coverage is available. The support obligee shall be subrogated to the rights of the obligor to the extent necessary to pursue any claim against the insurer under such policy.
(d) Within ten business days after termination of a policy of accident and sickness in surance established pursuant to Code Section 19-11-27, the person or entity providing ac cess to such coverage on behalf of a support obligor shall mail a termination notice to the person or entity which initially sent a notice of enrollment.
(e) Any person or entity providing access to accident and sickness coverage on behalf of a support obligor shall be immune from any civil or criminal liability while complying in good faith with the provisions of this Code section and Code Section 19-11-27.
(f) Any person or entity acting as a plan fiduciary who makes payment pursuant to this Code section discharges to the extent of any payment the plan's obligation.
19-11-29. (a) Any person or entity providing access to accident and sickness insurance coverage on behalf of a support obligor in connection with the obligor's employment or union shall be liable for a civil penalty not to exceed $1,000.00 per occurrence for failure to enroll promptly, without regard to enrollment season restrictions, a dependent in an acci dent and sickness insurance plan under an order of medical support or a notice of enroll ment; provided, however, that no liability shall exist where such person or entity acts in accordance with subsection (d) of Code Section 19-11-27.
(b) Insurers shall not deny enrollment of a child under subsection (a) of this Code sec tion in a parent's health insurance coverage on the ground that the child was born out of wedlock, is not claimed as a dependent on the parent's federal income tax return, or does not reside with the parent or in the insurer's service area.
(c) Any person or entity providing access to accident and sickness insurance coverage on behalf of a support obligor shall be liable for a civil penalty not to exceed $1,000.00 per

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occurrence for the disenrollment by the employee, or elimination of coverage of the child, unless the employee provides written proof that the child has been enrolled or will be en rolled in comparable insurance coverage, with the coverage to take effect no later than the effective date of disenrollment; provided, however, that no liability shall exist where such person or entity acts in accordance with subsection (d) of Code Section 19-11-26.
(d) The department may recover the civil penalty provided for in this Code section by civil action or pursuant to any remedy otherwise available for the enforcement of court orders.
19-11-30. Information and records obtained by the department pursuant to any provi sion of this article or Title IV-D of the federal Social Security Act shall be deemed to be confidential and shall be released only by permission of the party or parties named in the information or records, by order of the court, or for those purposes specifically authorized by this article. Any person who violates this Code section shall be guilty of a misdemeanor."
Section 5. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance in general, is amended by adding a new Code section to read as follows:
"33-24-55. (a) Any health insurer under this title, including a group health plan, as defined in Section 607(1) of the federal Employee Retirement Income Security Act of 1974, is prohibited from considering the availability or eligibility for medical assistance in this or any other state under 42 U.S.C. 1396(a), Section 1902 of the Social Security Act, herein referred to as Medicaid, when considering eligibility for coverage or making payments under its plan for eligible enrollees, subscribers, policyholders, or certificate holders.
(b) To the extent that payment for covered expenses has been made under the state Medicaid program for health care items or services furnished to an individual, in any case where a third party has a legal liability to make payments, the state is considered to have acquired the rights of the -ndividual to payment by any other party for those health care items or services.
(c) An insurer shall not deny enrollment of a child under the health plan of the child's parent on the ground that the child was born out of wedlock, is not claimed as a dependent on the parent's federal income tax return, or does not reside with the parent or in the in surer's service area.
(d) Where a child has health coverage under this title through an insurer of a noncus todial parent, the insurer shall:
(1) Provide such information to the custodial parent as may be necessary for the child to obtain benefits through that coverage;
(2) Permit the custodial parent or the provider, with the custodial parent's approval, to submit claims for covered services without the approval of the noncustodial parent; and
(3) Make payments on claims submitted in accordance with paragraph (2) of this sub section directly to the custodial parent, the provider, or the state Medicaid agency.
(e) Where a parent is required by a court or administrative order to provide health coverage for a child and the parent is eligible for family health coverage, the insurer shall be required:
(1) To permit the parent to enroll, under the family coverage, a child who is otherwise eligible for the coverage without regard to any enrollment season restrictions;
(2) If the parent is enrolled but fails to make application to obtain coverage for the child, to enroll the child under the family coverage upon application of the child's other parent, the state agency administering the Medicaid program, or the state agency adminis tering 42 U.S.C. Sections 651 through 669, the child support enforcement program; and
(3) Not to disenroll or eliminate coverage of any child unless the insurer is provided satisfactory written evidence that:

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(A) The court or administrative order is no longer in effect; or
(B) The child is or will be enrolled in comparable health coverage through another in surer which will take effect not later than the effective date of disenrollment.
(f) An insurer may not impose requirements on a state agency which has been assigned the rights of an individual eligible for medical assistance under Medicaid and covered for health benefits from the insurer that are different from requirements applicable to an agent or assignee of any other individual so covered.
(g) In any case in which a group health insurance plan provides coverage for dependent children of participants or beneficiaries, the plan shall provide benefits to dependent chil dren placed with participants or beneficiaries for adoption under the same terms and condi tions as apply to the natural, dependent children of the participants and beneficiaries, irre spective of whether the adoption has become final.
(h) A group health plan may not restrict coverage under the plan for any dependent child adopted by a participant or beneficiary, or placed with a participant or beneficiary for adoption, solely on the basis of a preexisting condition of the child at the time that the child would otherwise become eligible for coverage under the plan, if the adoption or placement for adoption occurs while the participant or beneficiary is eligible for coverage under the plan."
Section 6. All laws and part of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd offered the following amendment:
Amend the committee substitute to HB 1515 by adding after "adoption" on line 20 of page 1 the following:
"to provide for the Joint Study Committee on Child Support and its membership, ap pointment, organization, powers, duties, compensation, reports, and abolition; to provide for automatic repeal;".
By striking "three" and inserting "four" on line 4 of page 11.
By striking the quotation marks on line 19 of page 13 and adding between lines 19 and 20 of page 13 the following:
"19-11-31. (a) There is created the Joint Study Committee on Child Support. The com mittee shall be composed of 14 members. Seven of such members shall be appointed by the President of the Senate, four of whom shall be members of the Senate. Seven of such mem bers shall be appointed by the Speaker of the House of Representatives, four of whom shall be members of the House of Representatives. The President of the Senate shall designate as cochairperson one of the four members of the Senate who is a member of the committee and the Speaker of the House of Representatives shall designate as cochairperson one of the four members of the House who is a member of the committee. The members of the committee who are not members of the General Assembly shall be persons with a recognized interest in the issues of child support. Either chairperson shall call the meeting of the committee.
(b) The committee created by this Code section shall undertake a study of all of the issues relating to child support and recommend any actions or legislation which the commit tee 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 pur poses of this Code section. The members of the committee shall receive the allowances au thorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and House of Representatives. 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 De cember 1, 1994, and this Code section shall be automatically repealed on January 1, 1995."

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

Those voting in the affirmative were Senators:

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

Gillis Gochenour Harbison Hemmer Henson Hill Huggins Kemp Langford of 29th Madden McGuire Middleton Newbill Oliver Parrish

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

Those voting in the negative were Senators:

Burton

Glanton

Guhl

Those not voting were Senators:

Alien Bowen Hooks

Isakson Langford of 35th (excused)

Marable Scott

On the adoption of the amendment, the yeas were 46, nays 3, and the Oliver amend ment to the Committee substitute was adopted.
On the adoption of the committee substitute, the yeas were 2, nays 36, and the commit tee substitute was lost.
Senator Oliver of the 42nd offered the following substitute to HB 1515:
A BILL
To be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change the provisions relating to accident and sick ness insurance coverage for children; to provide a rebuttable presumption; to provide for written findings; to provide for enforcement of accident and sickness insurance coverage for children and notice to employers; to provide for notice of coverage and authorization of payments of benefits; to provide for notice of termination; to provide for liability; to provide for a penalty; to limit the issuance of renewal of licenses and other authorizations to engage in professions, businesses, or occupations 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 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 inquires; to provide for regulations; to provide for the Joint Study Committee on Child Support and its member ship, appointment organization, powers, duties, compensation, reports, and abolition; to pro vide for automatic repeal; to amend Chapter 24 of Title 33 of the Official Code of Georgia

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Annotated, relating to the regulation of insurance in general, so as to implement federal requirements that health insurance coverage shall be available for certain dependents; to provide for the rights of the state where payments are made on behalf of certain persons; to provide for health coverage secured through a noncustodial parent; to provide requirements for insurers in cases of orders to provide health coverage; to prohibit insurers from certain actions; to provide for coverage of adopted children or children placed for adoption; to pro vide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic rela tions, is amended by striking Code Section 19-6-15, relating to child support in final verdict or decree of divorce, and inserting in lieu thereof the following:
"19-6-15. (a) In the final verdict or decree, the trier of fact shall specify in what amount and from which party the minor children are entitled to permanent support. The final ver dict or decree shall further specify in what manner, how often, to whom, and until when the support shall be paid. The trier of fact must also determine whether the accident and sick ness insurance for the child or the children involved is reasonably available at reasonable costs through employment-related or other group health insurance policies to an obligor. For purposes of this Code section, accident and sickness coverage shall be deemed available if the obligor has access to any policy of insurance authorized under Title 33 through an employer or other group health insurance plan. If the accident and sickness insurance is deemed available at reasonable cost, the court shall order the obligor to obtain the coverage. If currently unavailable or unreasonable in cost, the court shall order the obligor to obtain coverage when it becomes available at a reasonable cost. When support is awarded, the party who is required to pay the support shall not be liable to third persons for necessaries furnished to the children embraced in the verdict or decree. In any case in which child support is determined by a jury, the court shall charge the provisions of this Code section but the jury shall not be required to return a special interrogatory. Furthermore, nothing contained within this Code section shall prevent the parties from entering into an enforcea ble agreement to the contrary which may be made the order of the court pursuant to the review by the court of child support amounts contained in this Code section.
(b) The child support award shall be computed as provided in this subsection:
(1) Computation of child support shall be based upon gross income;
(2) For the purpose of determining the obligor's child support obligation, gross income shall include 100 percent of wage and salary income and other compensation for personal services, interest, dividends, net rental income, self-employment income, and all other in come, except need-based public assistance;
(3) The earning capacity of an asset of a party available for child support may be used in determining gross income. The reasonable earning potential of an asset may be deter mined by multiplying its equity by a reasonable rate of interest. The amount generated by that calculation should be added to the obligor's gross monthly income;
(4) Allowable expenses deducted to calculate self-employment income that personally benefit the obligor, or economic in-kind benefits received by an employed obligor, may be included in calculating the obligor's gross monthly income; and
(5) The amount of the obligor's child support obligation shall be determined by multi plying the obligor's gross income per pay period by a percentage based on the number of children for whom child support is being determined. The applicable percentages of gross income to be considered by the trier of fact are:

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Number of Children
1 2 3 4 5 or more

Percentage Range of Gross Income
17 percent to 23 percent 23 percent to 28 percent 25 percent to 32 percent 29 percent to 35 percent 31 percent to 37 percent

Application of these guidelines shall create a rebuttable presumption that the amount of the support awarded is the correct amount of support to be awarded. A written finding or spe cific finding on the record for the award of child support that the application of the guide lines would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption in that case. Findings that rebut said presumption must state the amount of support that would have been required under the guidelines and include justification of why the order varies from the guidelines. These guidelines are intended by the General Assembly to be guidelines only and any court so applying these guidelines shall not abrogate its re sponsibility in making the final determination of child support based on the evidence presented to it at the time of trial.

(c) The trier of fact may vary the final award of child support, up or down, outside the range enumerated in paragraph (5) of subsection (b) of this Code section upon a written finding of special circumstances. The special circumstances may be any factor which the trier of fact deems to be required by the ends of justice. Some of the factors which may warrant such variations include, but are not limited to:

(1) Ages of the children;

(2) A child's medical costs or extraordinary needs;

(3) Educational costs;

(4) Day-care costs;

(5) Shared physical custody arrangements, including extended visitation;

(6) A party's other support obligations to another household;

(7) Income that should be imputed to a party because of suppression of income;

(8) In-kind income for the self-employed, such as reimbursed meals or a company car;

(9) Other support a party is providing or will be providing, such as payment of a mortgage;

(10) A party's own extraordinary needs, such as medical expenses;

(11) Extreme economic circumstances (for example, unusually high debt structure or unusually high income which shall be construed as gross income of over $75,000.00 per annum);

(12) Historical spending in the family for children which varies significantly from the percentage table;

(13) Considerations of the economic cost-of-living factors of the community of each party, as determined by the trier of fact;

(14) In-kind contribution of either parent; and-

(15) The income of the custodial parent ; and

(16) The cost of accident and sickness insurance coverage for dependent children in cluded in the order.

(d) The guidelines shall be reviewed by a commission appointed by the Governor to ensure that their application results in the determination of appropriate child support award amounts. The commission will complete its review and submit its report within four years following July 1, 1989, and shall continue such reviews every four years thereafter.

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Nothing contained in such report shall be considered to authorize or require a change in the guidelines without action by the General Assembly having the force and effect of law. The commission shall also submit a report to the House Judiciary Committee and Senate Special Judiciary Committee during the 1991 regular session of the General Assembly. This report shall provide information which will allow these committees to review the effectiveness of the guidelines and, if necessary, revise these guidelines.
(e) The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs; provided, however, that, in any temporary or final order for child support with respect to any proceed ing for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the trier of fact, in the exercise of sound discretion, may direct either or both parents to provide financial assistance to a child who has not previously married or become emanci pated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such finan cial assistance shall not be required after a child attains 20 years of age. The provisions for support provided in this subsection may be enforced by either parent or the child for whose benefit the support is ordered.
(f) The provisions of subsection (e) of this Code section shall be applicable only to a temporary order or final decree for divorce, separate maintenance, legitimation, or paternity entered on or after July 1, 1992, and the same shall be applicable to an action for modifica tion of a decree entered in such an action entered on or after July 1, 1992, only upon a showing of a significant change of material circumstances."
Section 2. Said title is further amended by adding immediately following Code Section 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, under Part 2 of Chapter 6 of Title 12, relating to foresters, 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, a set forth in a court order, administrative order, or contempt order for child support, the obligor is no more than 60 calendar days in arrears in making payments in full for current support, in making periodic 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

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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, 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. 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.
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

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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 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 subsec tion (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 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 compliance 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 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.
(1) 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 3. Said title is further amended by striking Code Section 19-11-26, relating to accident and sickness insurance coverage for children, and inserting in lieu thereof the following:
"19-11-26. (a) In all cases involving the assignment and collection of child support, or

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where medical assistance benefits are being provided, the department or court may determine, as a regular part of its investigation and inquiry, whether accident and sickness inswancc coverage for the child or children involved is reasonably available to an obligor of sup port at a reasonable cost in connection with the obligor's employment or union. For purposes of this article, the term 'person or entity providing access to coverage' shairmean an employer or union which offers a group insurance plan, as defined in Section 607(b) of the federal Employee Retirement Income Security Act of 1974, a health maintenance organ ization or a service benefit plan, or any other policy of health insurance under Title 33. If it is determined that such coverage is reasonably available in connection with the obligor's employment or union, the department is authorized to petition for modification of any ex isting order of support to include the provision of such coverage, to intervene in any pend ing action to have such coverage included, or to include the request for such coverage in any action brought by the department.
(b) Upon petition by the department to have accident and sickness insurance coverage included, any court or administrative hearing officer having jurisdiction over the matter may include the provision of medical support in any order of support it may enter, if the court is satisfied aa to the reasonable availability and rcaaonablcncso of the cost of such coverage such medical support is found to be available to the obligor in connection with his or her employment or union at a reasonable cost consistent with subsection (a) of this Code section.
(c) Any order requiring medical support under this Code section shall contain language notifying the support obligor that failure to provide accident and sickness insurance cover age may result in direct enforcement of the order. Any order of medical support entered or modified prior to April 1, 1994, shall be construed as a matter of law to contain this notice.
(d) Any order requiring medical support under this Code section shall remain in effect untiE
(1) A further order of the court or hearing officer;
(2) The child is emancipated, if there is no express language to the contrary in the order; or
(3) Coverage is no longer available and no conversion privileges exist at a reasonable cost to continue coverage beyond the termination date of the policy.
(e) Any order requiring medical support under this Code section shall not require a planTo provide any type or form of benefit, or any option not otherwise provided under the plan, except to the extent necessary to meet the requirements of this Code section."
Section 4. Said title is further amended by striking Code Section 19-11-27, relating to confidentiality of information and records, and inserting in lieu thereof the following:
"19-11-27. (a) Information and records obtained by the department pursuant to any provision of this article of Title IV D of the federal Social Security Act shall be deemed to be confidential and shall be rclcaacd only by permission of the party or parties named in the information or records, by order of the court, or for thoac purposes specifically authorized by this article. Any person who violates thia Code section shall be guilty of a misdemeanor. Whenever a support obligor who is required to maintain accident and sickness insurance fails to provide such coverage as ordered, or allows such coverage to lapse, the department, the Department of Medical Assistance, or the other party may compel the obligor to obtain insurance coverage as provided in this Code section. The remedies provided in this Code section shall be in addition to and not in lieu of any other remedies available to the depart ment, the Department of Medical Assistance, or the other partyT
(b) Upon failure of a support obligor to obtain accident and sickness insurance coverage as orclered, or upon the lapse of coverage required to be provided, the department, the De partment of Medical Assistance, or the other party may send a notice of enrollment by certified mail, return receipt requested, to the person or entity providing access to such coverage on behalf of the obligor. The notice shall include a certified copy of the latest order requiring health insurance coverage and the return address of the sender. Upon receipt of a

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JOURNAL OF THE SENATE

notice of enrollment, any person or entity providing access to accident or sickness insurance coverage on behalf of the obligor shall immediately undertake to provide such coverage as specified in the notice of enrollment. Any person or entity providing access to accident or sickness insurance coverage on behalf of the obligor shall be deemed authorized to execute any document for the obligor in order to establish coverage. If more than one insurance plan is available, coverage shall be established under the obligor's existing plan or a previously existing plan where possible. If coverage under the obligor's existing plan or a previously existing plan cannot be established, the person or entity providing access to accident and sickness insurance coverage on behalf of the obligor shall establish coverage under the least expensive plan otherwise available.
(c) Any person or entity providing access to accident and sickness insurance coverage on behalf of the obligor pursuant to a notice of enrollment shall withhold from the obligor's income the amount necessary to pay the premium for the insurance coverage, provided that the amount deducted does not exceed the limitations of Section 303(b) of the federal Con sumer Credit Protection Act, as amended.
(d) Upon receipt of a notice of enrollment, the person or entity providing access to accident and sickness insurance coverage on behalf of the obligor shall notify the person or entity sending the notice of enrollment within 30 business days whether:
(1) Enrollment in an accident and sickness insurance plan has occurred; or
(2) Enrollment cannot be established, stating the reasons why coverage is not available."
Section 5. Said title is further amended by adding at the end of Article 1 of Chapter 11 four new Code sections to read as follows:
"19-11-28. (a) Any person or entity providing access to accident or sickness insurance coverage on behalf of the obligor pursuant to a notice of enrollment shall furnish to the person or entity sending the notice of enrollment the name of the accident and sickness insurance coverage provider, the extent of coverage available, and any necessary claim forms or enrollment membership cards necessary to obtain benefits.
(b) The signature of the obligee or an agent of the department shall constitute a valid authorization to any insurer to process benefits and to make payments to a health care provider or the obligee in accordance with any accident and sickness insurance policy.
(c) An order of medical support shall operate as an assignment to the support obligee of any right to benefits under a policy of accident and sickness coverage maintained by the obligor insofar as dependent coverage is available. The support obligee shall be subrogated to the rights of the obligor to the extent necessary to pursue any claim against the insurer under such policy.
(d) Within ten business days after termination of a policy of accident and sickness in surance established pursuant to Code Section 19-11-27, the person or entity providing ac cess to such coverage on behalf of a support obligor shall mail a termination notice to the person or entity which initially sent a notice of enrollment.
(e) Any person or entity providing access to accident and sickness coverage on behalf of a support obligor shall be immune from any civil or criminal liability while complying in good faith with the provisions of this Code section and Code Section 19-11-27.
(f) Any person or entity acting as a plan fiduciary who makes payment pursuant to this Code section discharges to the extent of any payment the plan's obligation.
19-11-29. (a) Any person or entity providing access to accident and sickness insurance coverage on behalf of a support obligor in connection with the obligor's employment or union shall be liable for a civil penalty not to exceed $1,000.00 per occurrence for failure to

WEDNESDAY, MARCH 9, 1994

1609

enroll promptly, without regard to enrollment season restrictions, a dependent in an acci dent and sickness insurance plan under an order of medical support or a notice of enroll ment; provided, however, that no liability shall exist where such person or entity acts in accordance with subsection (d) of Code Section 19-11-27.
(b) Insurers shall not deny enrollment of a child under subsection (a) of this Code sec tion in a parent's health insurance coverage on the ground that the child was born out of wedlock, is not claimed as a dependent on the parent's federal income tax return, or does not reside with the parent or in the insurer's service area.
(c) Any person or entity providing access to accident and sickness insurance coverage on behalf of a support obligor shall be liable for a civil penalty not to exceed $1,000.00 per occurrence for the disenrollment by the employee, or elimination of coverage of the child, unless the employee provides written proof that the child has been enrolled or will be en rolled in comparable insurance coverage, with the coverage to take effect no later than the effective date of disenrollment; provided, however, that no liability shall exist where such person or entity acts in accordance with subsection (d) of Code Section 19-11-26.
(d) The department may recover the civil penalty provided for in this Code section by civil action or pursuant to any remedy otherwise available for the enforcement of court orders.
19-11-30. Information and records obtained by the department pursuant to any provi sion of this article or Title IV-D of the federal Social Security Act shall be deemed to be confidential and shall be released only by permission of the party or parties named in the information or records, by order of the court, or for those purposes specifically authorized by this article. Any person who violates this Code section shall be guilty of a misdemeanor.
19-11-31. (a) There is created the Joint Study Committee on Child Support. The com mittee shall be composed of 14 members. Seven of such members shall be appointed by the President of the Senate, four of whom shall be members of the Senate. Seven of such mem bers shall be appointed by the Speaker of the House of Representatives, four of whom shall be members of the House of Representatives. The President of the Senate shall designate as cochairperson one of the four members of the Senate who is a member of the committee and the Speaker of the House of Representatives shall designate as cochairperson one of the four members of the House who is a member of the committee. The members of the committee who are not members of the General Assembly shall be persons with a recognized interest in the issues of child support. Either chairperson shall call the meetings of the committee.
(b) The committee created by this Code section shall undertake a study of all of the issues relating to child support and recommend any actions or legislation which the commit tee 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 pur poses of this Code section. The members of the committee shall receive the allowances au thorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and House of Representatives. 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 De cember 1, 1994, and this Code section shall be automatically repealed on January 1, 1995."
Section 6. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance in general, is amended by adding a new Code section to read as follows:
"33-24-55. (a) Any health insurer under this title, including a group health plan, as defined in Section 607(1) of the federal Employee Retirement Income Security Act of 1974, is prohibited from considering the availability or eligibility for medical assistance in this or any other state under 42 U.S.C. 1396 (a), Section 1902 of the Social Security Act, herein

1610

JOURNAL OF THE SENATE

referred to as Medicaid, when considering eligibility for coverage or making payments under its plan for eligible enrollees, subscribers, policyholders, or certificate holders.
(b) To the extent that payment for covered expenses has been made under the state Medicaid program for health care items or services furnished to an individual, in any case where a third party has a legal liability to make payments, the state is considered to have acquired the rights of the individual to payment by any other party for those health care items or services.
(c) An insurer shall not deny enrollment of a child under the health plan of the child's parent on the ground that the child was born out of wedlock, is not claimed as a dependent on the parent's federal income tax return, or does not reside with the parent or in the in surer's service area.
(d) Where a child has health coverage under this title through an insurer of a noncus todial parent, the insurer shall:
(1) Provide such information to the custodial parent as may be necessary for the child to obtain benefits through that coverage;
(2) Permit the custodial parent or the provider, with the custodial parent's approval, to submit claims for covered services without the approval of the noncustodial parent; and
(3) Make payments on claims submitted in accordance with paragraph (2) of this sub section directly to the custodial parent, the provider, or the state Medicaid agency.
(e) Where a parent is required by a court or administrative order to provide health coverage for a child and the parent is eligible for family health coverage, the insurer shall be required:
(1) To permit the parent to enroll, under the family coverage, a child who is otherwise eligible for the coverage without regard to any enrollment season restrictions;
(2) If the parent is enrolled but fails to make application to obtain coverage for the child, to enroll the child under the family coverage upon application of the child's other parent, the state agency administering the Medicaid program, or the state agency adminis tering 42 U.S.C. Sections 651 through 669, the child support enforcement program; and
(3) Not to disenroll or eliminate coverage of any child unless the insurer is provided satisfactory written evidence that:
(A) The court or administrative order is no longer in effect; or
(B) The child is or will be enrolled in comparable health coverage through another in surer which will take effect not later than the effective date of disenrollment.
(f) An insurer may not impose requirements on a state agency which has been assigned the rights of an individual eligible for medical assistance under Medicaid and covered for health benefits from the insurer that are different from requirements applicable to an agent or assignee of any other individual so covered.
(g) In any case in which a group health insurance plan provides coverage for dependent children of participants or beneficiaries, the plan shall provide benefits to dependent chil dren placed with participants or beneficiaries for adoption under the same terms and condi tions as apply to the natural, dependent children of the participants and beneficiaries, irre spective of whether the adoption has become final.
(h) A group health plan may not restrict coverage under the plan for any dependent child adopted by a participant or beneficiary, or placed with a participant or beneficiary for adoption, solely on the basis of a preexisting condition of the child at the time that the child would otherwise become eligible for coverage under the plan, if the adoption or placement for adoption occurs while the participant or beneficiary is eligible for coverage under the plan."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, MARCH 9, 1994

1611

On the adoption of the substitute, the yeas were 32, nays 1, and the Oliver substitute to HB 1515 was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of HB 1515 would be suspended and the bill was placed on the Senate General Calendar.

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.
Senate Sponsor: Senator Thompson of the 33rd.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th ^urto, n
Qa Coleman Crotts Day Dean Edge Farrow Gillis

Glanton 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 Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Bowen Egan

Gochenour Hill

Hooks 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.
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.
Senate Sponsor: Senator Thomas of the 10th.

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JOURNAL OF THE SENATE

Senators Dean of the 31st and Marable of the 52nd offered the following amendment:
Amend HB 1334 by striking on line 26, page 1 (;) and (") and add "or when used in industrial laboratory equipment;"
On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

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

Those not voting were Senators:

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

Alien Bowen

Egan Hooks

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 as amended.

Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.

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.
Senate Sponsor: Senator Langford of the 29th.

WEDNESDAY, MARCH 9, 1994

1613

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 Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: Revised Actuarial Investigations House Bill 671 (LC 21 2612S) Employees' Retirement System Chatham County Employees' Retirement Plan Dougherty County Retirement Plan Carroll County Retirement Plan Cherokee County Retirement Plan Crawford County Retirement Plan Floyd County Retirement Plan Gwinnett County Retirement Plan Hall County Retirement Plan Newton County Retirement Plan Spalding County Retirement Plan Troup County Retirement Plan Whitfield County Retirement Plan Bibb County Pension Plan Cobb County Board of Commissioners Retirement Plan Peach County Retirement Plan Walton County Denned Benefit and Trust Employees Retirement Plan of Houston County Muscogee County Employees' Retirement System Clayton County Pension Plan The Retirement Plan for Employees of Richmond County (1977 Plan) The Richmond County Employees Pension Fund (1945 Plan) Glynn County Board of Commissioners Pension Plan Fulton County Employees' Retirement System Columbia County Pension Plan DeKalb County Pension Plan
Dear Representative Cummings:
This bill provides that certain employees of counties who become employees of the De partment of Children and Youth Services as a result of the county probation and intake services being transferred to the department may elect to become members of the Employ ees' Retirement System or remain in a local retirement system. If the employee decides to remain in the local system, the state will pay to the local system the employer contributions. If the employee decides to transfer to the Employees' Retirement System, the employee may obtain creditable service for prior service by transferring from the local system to the Employees' Retirement System the employee and employer contributions plus interest made by or on behalf of the employee to the local retirement system not to exceed the amount necessary to grant the creditable service without creating any unfunded accrued liability. If the employee was not a member of a local retirement system, the employee can become a member of the Employees' Retirement System and also receive creditable service for prior county service by paying all employee and employer contributions which would have been made if the employee had been a member of the retirement system plus regular interest.

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The following is a summary of the relevant findings of the actuarial investigations 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. Decreases are shown in parenthesis.

1) Employees' Retirement System

According to the system's actuary the impact would be:

(1) The amount of the decrease in unfunded actuarial accrued liability

which will result from the bill.

$

0

(2) The amount of annual normal cost which will result from the bill. $ 73,000

(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.

$

244,000

2) Chatham County Employees' Retirement Plan

According to the system's actuary the impact would be:

(1) The amount of the decrease in unfunded actuarial accrued liability

which will result from the bill.

$ (1,702,000)

(2) The amount of the decrease in annual normal cost which will result

from the bill.

$ (84,000)

(3) The employer contribution rate currently in effect.

5.98%

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

5.86%

(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.

3) Dougherty County Retirement Plan

According to the system's actuary the impact would be:

(1) The amount of the decrease in unfunded actuarial accrued liability

which will result from the bill.

$ (82,614.54)

(2) The amount of the decrease in annual normal cost which will result

from the bill.

$ (7,714.18)

(3) The employer contribution rate currently in effect.

7.74%

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

7.64%

(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.

4) Carroll County Retirement Plan

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.

0

(2) The amount of the decrease in annual normal cost which will result

from the bill.

(496)

(3) The employer contribution rate currently in effect.

10.9%

WEDNESDAY, MARCH 9, 1994

1615

(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.

$

5) Cherokee County Retirement Plan

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.

$

6) Crawford County Retirement Plan

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.

$

7) Floyd County Retirement Plan

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 the decrease in 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) Gwinnett County Retirement Plan

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 the decrease in annual normal cost which will result

from the bill.

$

(3) The employer contribution rate currently in effect.

10.9% 0
0 0 8.1% 8.1% 0
0 0 9.3% 9.3%
0
0 (5,439) 15.2% 15.2%
0
0 (67,430)
10.9%

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(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.
9) Hall County Retirement Plan
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 the decrease in 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.
10) Newton County Retirement Plan
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 the decrease in 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.
11) Spalding County Retirement Plan
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 the decrease in 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.
12) Troup County Retirement Plan
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. $

10.9%
0
(8,060) 10.1% 10.1%
0
(7,958) 11.4% 11.4%
0
(6,669) 13.5% 13.5%

WEDNESDAY, MARCH 9, 1994

1617

(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.

$

13) Whitfield County Retirement Plan

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 the decrease in 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.

$

14) Bibb County Pension Plan

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.

$

15) Cobb County Board of Commissioners Retirement Plan

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.

$

16) Peach County Retirement Plan

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.

10.6% 10.6%
0
0 (9,722) 10.8% 10.8%
0
0 0 12.12% 12.12%
0
0 0 7.7% 7.7%
0
0 0 11.44%

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(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.

$

17) Walton County Defined Benefit Pension Plan and Trust

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.

$

18) Employees Retirement Plan of Houston County

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.

$

19) Muscogee County Employees' Retirement System

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 the decrease in 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.

$

20) Clayton County Pension Plan

According to the system's actuary the impact would be:

(1) The amount of the decrease in unfunded actuarial accrued liability

which will result from the bill.

$

(2) The amount of the decrease in annual normal cost which will result

from the bill.

$

(3) The employer contribution rate currently in effect.

11.44% 0
0 0 6.5% 6.5% 0
0 0 8.63% 8.63% 0
114,000 (24,000)
8.4% 8.2%
0
(8,882) (31,619)
8.1%

WEDNESDAY, MARCH 9, 1994

1619

(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.

21) The Retirement Plan for Employees of Richmond County (1977 Plan)

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.

$

22) The Richmond County Employees Pension Fund (1945 Plan)

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.

$

23) Glynn County Board of Commissioners Pension Plan

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 the decrease in 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.

$

24) Fulton County Employees' Retirement System

According to the system's actuary the impact would be:

(1) The amount of the decrease in unfunded actuarial accrued liability

which will result from the bill.

$

(2) The amount of the decrease in annual normal cost which will result

from the bill.

$

(3) The employer contribution rate currently in effect.

8.07o
0 0 0% 0%
0
0 0 0% 0% 0
0 (12,000)
7.95% 7.95%
0
(520,000) (134,000)
14.00%

1620

JOURNAL OF THE SENATE

(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 retirements system in an actuarially sound condition.

5.15%

25) Columbia County Pension Plan

According to the system's actuary the impact would be:

(1) The amount of the decrease in unfunded actuarial accrued liability

which will result from the bill.

$ (39,217)

(2) The amount of the decrease in annual normal cost which will result

from the bill.

$ (1,074)

(3) The employer contribution rate currently in effect.

Amount Determined Annually by
Plan Actuary

Amount

Determined

Annually by

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

Plan

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

Actuary

(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.

26) DeKalb County Pension Plan

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.

$

0 0 10.7% 6.2%
0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigations 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:

Those voting in the affirmative were Senators:

Abernathy Baugh Blitch

Boshears Broun of 46th Brown of 26th

Burton Cheeks Crotts

WEDNESDAY, MARCH 9, 1994

1621

Dean
Edge
Farrow Gillis , lanton Gochenour

Isakson
Kemp
Langford of 29th Madden Marable MP '

Ragan of llth
Ragan of 32nd
Ralston Ray Scott <?1 t'

HTT arbison Henson Hill Huggins

NOeliwvbeir11 Parrish Perdue Pollard

TSftlavrlror Thomas Turner Tysinger

Those not voting were Senators:

Alien Balfour Qay Coleman

Day Egan Hooks Langford of 35th (excused)

Middleton Robinson (presiding) Thompson Walker

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

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

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.
Senate Sponsor: Senator Crotts of the 17th.

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

Those voting in the affirmative were Senators:

Abernathy Baugh Boshears Broun of 46th Brown of 26th BChuerteokns
Coleman Crotts
Edge

Egan Gillis Guhl Harbison Hill IKsaekmspon
Langford of 29th Oliver
Parrish

Those voting in the negative were Senators:

Balfour Blitch Clay Day Dean
Farrow

Glanton Gochenour Hemmer Henson Huggins
Madden

Perdue Pollard Ray Srott i , T*laoytl,mor
Turner Tysinger Walker
Marable McGuire Newbill Ragan of 32nd Ralston Starr

1622

JOURNAL OF THE SENATE

Those not voting were Senators:

Alien Bowen Hooks

Langford of 35th (excused) Middleton Ragan of llth

Robinson (presiding) Thomas Thompson

On the passage of the bill, the yeas were 29, nays 18.
The bill, having received the requisite constitutional majority, was passed.
Senator Farrow of the 54th gave notice that at the proper time, he would move that the Senate reconsider its action on HB 1376.
The President stated that, as provided in Senate Rule 94, he would set the time to entertain the motion to reconsider for 1:25 P.M. today.
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.
Senate Sponsor: Senator Coleman of the 1st.
The Senate Finance and Public Utilities Committee offered the following substitute to HR 1002:
A RESOLUTION
Authorizing the leasing of certain improved real property owned by the State of Georgia in Chatham County, Georgia and in Gwinnett County, Georgia; to provide effective dates; to repeal conflicting laws; and for other purposes.
Part 1
WHEREAS, the State of Georgia is the owner of a certain tract or parcel of improved real property located in Chatham County, Georgia; and
WHEREAS, said real property is all that certain lot, tract or parcel of land, situate, lying and being in the 6th G.M. District of Chatham County, Georgia consisting of 2.232 acres of land more particularly described as follows:
Commencing at a point located at the southwest corner of the intersection of the rightsof-way of Eisenhower and Seawright Drives; running thence south 17 30' west, along the west edge of the right-of-way of Seawright Drive, for a distance of 300 feet to a concrete monument, being the point of beginning; continuing thence south 17 30' west along the west edge of the right-of-way of Seawright Drive for a distance of 50 feet to a point; running thence north 72 30' west for a distance of 179.95 feet to a point; running thence south 86 56' 30" west for a distance of 85.44 feet to a point; running thence south 17 30' west for a distance of 160 feet to a concrete monument; running thence north 72 30' west for a dis tance of 346 feet to a concrete monument; running thence north 17 30" east for a distance of 240 feet to a concrete monument; running thence south 72 30' east for a distance of 346 feet to a concrete monument; continuing thence south 72 30* east for a distance of 259.95 feet to a concrete monument and the point of beginning; said 2.232 acre tract being also shown as a 1.906 acre tract plus a .326 acre tract on a certain survey plat dated June 14, 1974 and revised September 16, 1974 prepared by Barrett & Exley, Inc. for the State of Georgia - Department of Human Resources, a copy of said plat being hereto attached and a copy being recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia in Plat or Map Record Book Y, Folio 61; said plat by reference being incorporated herein and made a part hereof.
The above described tract being a portion of the property conveyed by deed dated May 18, 1959 from Chatham County, Georgia, a political subdivision of the State of Georgia,

WEDNESDAY, MARCH 9, 1994

1623

through the Commissioners of Chatham County, Georgia, and ex-officio Judges thereof to Chatham Chapter, Georgia Association for the Help of Retarded Children, Incorporated, a Georgia corporation, with offices in Savannah, Georgia; said deed, with a resolution at tached, being recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia in Deed Record Book 72 K's, Folio 264; and
WHEREAS, said property is under the custody of the Department of Human Re sources; and
WHEREAS, said parcel is currently rented to Coastal Center for Developmental Ser vices, Inc.; and
WHEREAS Coastal Center for Developmental Services, Inc., is desirous of leasing the above-described state property in order to make certain improvements; and
WHEREAS, the Department of Human Resources has no objection to the leasing of the above-described property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the referenced hereinabove de scribed improved real property and that, in all matters relating to the leasing of said prop erty, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Com mission, is authorized to lease the hereinabove described tract of improved property to Coastal Center for Developmental Services, Inc., for a period of ten years commencing with the execution of the lease agreement.
Section 3. That the consideration for such lease shall be $1,000.00 per year and such other terms and conditions as may be determined by the State Properties Commission to be in the best interests of the State of Georgia.
Section 4. That any sublease of subject property must be approved by the State Properties Commission, and any remuneration resulting from a sublease in excess of $1,000.00 per year is to be remitted to the State of Georgia.
Section 5. That the authorization in Part 1 of this resolution to lease the above-de scribed property to Coastal Center for Developmental Services, Inc., shall expire three years after the date that this resolution becomes effective.
Section 6. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
Section 7. That this lease agreement shall be recorded by the lessee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
Section 8. That Part 1 of this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. That all laws and parts of laws in conflict with Part 1 of this resolution are repealed.
Part 2
WHEREAS, the State of Georgia is the owner of a certain tract or parcel of improved real property located in Gwinnett County, Georgia; and
WHEREAS, said real property is all that certain lot, tract or parcel of land, situate, lying and being in Gwinnett County, Georgia, more particularly described as follows:
All that tract or parcel of land containing 2.212 acres and situated, lying and being in Land Lot 13 of the 7th Land District of Gwinnett County, Georgia, and being more particu larly shown and delineated on a certain April 18, 1977, Plat of Survey prepared for the State

1624

JOURNAL OF THE SENATE

of Georgia, Dept. of Human Resources, by Gwinnett County Engineering Department, more particularly William F. Rolader, Georgia Registered Land Surveyor No. 2042 and entitled "SURVEY FOR:" STATE OF GEORGIA DEPARTMENT OF HUMAN RESOURCES:.
WHEREAS, said property is under the custody of the Department of Human Re sources; and
WHEREAS, said parcel is currently rented to Gwinnett/Rockdale/Newton Creative En terprises, Inc.; and
WHEREAS, Gwinnett/Rockdale/Newton Creative Enterprises, Inc., is desirous of leas ing the above-described state property in order to make certain improvements; and
WHEREAS, the Department of Human Resources has no objection to the leasing of the above-described property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Section 10. That the State of Georgia is the owner of the referenced hereinabove de scribed improved real property and that, in all matters relating to the leasing of said prop erty, the State of Georgia is acting by and through its State Properties Commission.
Section 11. That the State of Georgia, acting by and through its State Properties Com mission, is authorized to lease the hereinabove described tract of improved property to Gwinnett/Rockdale/Newton Creative Enterprises, Inc., for a period of ten years commencing with the execution of the lease agreement.
Section 12. That the consideration for such lease shall be $1,000.00 per year and such other terms and conditions as may be determined by the State Properties Commission to be in the best interests of the State of Georgia.
Section 13. That any sublease of subject property must be approved by the State Properties Commission, and any remuneration resulting from a sublease in excess of $1,000.00 per year is to be remitted to the State of Georgia.
Section 14. That the authorization in this resolution to lease the above-described prop erty to Gwinnett/Rockdale/Newton Creative Enterprises, Inc., shall expire three years after the date that this resolution becomes effective.
Section 15. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
Section 16. That this lease agreement shall be recorded by the lessee in the Superior Court of Gwinnett County and a recorded copy shall be forwarded to the State Properties Commission.
Section 17. That Part 2 of this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 18. That all laws and parts of laws in conflict with Part 2 of this resolution 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 adoption of the resolution by substitute.

WEDNESDAY, MARCH 9, 1994

1625

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

Those not voting were Senators:

Abernathy Alien
Bowen

Edge Langford of 35th (excused)
Middleton

Robinson (presiding) Walker

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

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.
Senate Sponsor: Senator Kemp of the 3rd.

The Senate Special Judiciary Committee offered the following substitute to HB 1080:
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 "or" at the end of subparagraph (a)(2)(C), by striking the period and inserting in lieu thereof "; or" at the end of subparagraph (a)(2)(D), and by inserting at the end thereof a new subparagraph (a)(2)(E) to read as follows:
"(E) Hijacking a motor vehicle, if done by a juvenile 13 or more years of age."

1626

JOURNAL OF THE SENATE

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:
"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 attempt to commit, or to solicit, co erce, 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;

WEDNESDAY, MARCH 9, 1994

1627

(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;

(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;ef

(xxxi) Code Section 16-11-37, relating to terroristic threats and actst ; 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 pro cedure, 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;

1628

JOURNAL OF THE SENATE

(4) Aggravated sodomy;
(5) Armed robbery;
(6) Aircraft hijacking and hijacking 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; 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 con victed 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."

WEDNESDAY, MARCH 9, 1994

1629

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 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 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 Perdue Pollard Ragan of llth R of 32nd Rafgton D
flotm btarr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Brown of 26th

Coleman Langford of 35th (excused)

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 by substitute.
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.
Senate Sponsor: Senator Edge of the 28th.
Senator Edge of the 28th offered the following amendment:
Amend HB 471 by adding on line 10 of page 4 the following:
"(f) The provisions of this Code section shall not be construed to interfere with a claim ant's right to pursue claims or an insurance company's obligation to pay claims based on a negligent or bad faith refusal to settle a claim or claims."
On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

1630

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

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

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston
Taylor Thomas Thompson Tysinger Walker

Those not voting were Senators:

Alien Brown of 26th

Hooks Langford of 35th (excused)

Robinson (presiding) Turner

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HR 943. By Representatives Skipper of the 137th, Childers of the 13th, Carrell of the 87th and Hudson of the 156th:
Senate Sponsor: Senator 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 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."

WEDNESDAY, MARCH 9, 1994

1631

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 increasing cooperation between such providers which outweighs the public benefits of 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 Walker of the 22nd offered the following amendment:
Amend HR 943 by striking the word "which" on page 2, line 12 and inserting in lieu thereof the word "and".
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 adoption of the resolution, was agreed to as amended.
On the adoption of 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
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 Scott ^lotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Brown of 26th

Langford of 35th (excused)

Robinson (presiding)

On the adoption of the resolution, the yeas were 52, nays 0.

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The resolution, having received the requisite two-thirds constitutional majority, was adopted as amended.
The time having arrived to entertain the reconsideration motion, Senator Farrow of the 54th moved that the Senate reconsider its action previously today in passing HB 1376.
On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour
Baugh Blitch Boshears Bowen BrB> ruorutionnof 46th
Q Coleman Crotts Day Dean Egan Farrow

Gillis Glanton Gochenour
Guhl Harbison Hemmer Henson ,,H,,HTT.Hui,,loglog.ki.sns Isakson
KemP Langford of 29th
Madden
Marable
McGuire

Middleton Newbill Oliver
Parrish Pollard Ragan of 32nd Ralston ,,KcSS,.,.lcaooyttm.t Starr
Taylor Thompson
Turner
Tysinger
Walker

Those not voting were Senators:

Brown of 26th

Perdue

Edge

Ragan of llth

Langford of 35th (excused)

Robinson (presiding) Thomas

On the motion, the yeas were 49, nays 0; the motion prevailed, and HB 1376 was recon sidered and placed at the foot of the Rules Calendar for today.
The Calendar was resumed.

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.
Senate Sponsor: Senator Marable of the 52nd.

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch

Boshears Bowen Broun of 46th Burton Cheeks

Clay Coleman Crotts Day Dean

WEDNESDAY, MARCH 9, 1994

1633

Edge Egan Farrow Gillis Gochenour Guhl HHeamrbmisoern
Henson
Hill
Hooks Huggins

Isakson Kemp Langford of 29th Madden Marable McGuire MNeiwddbliellton
Oliver
Pollard
Ragan of llth Ragan of 32nd

Ralston Ray Scott Slotin Starr ,,, , T*h*oymloras
Thompson
Turner
Tysinger Walker

Those not voting were Senators:

Brown of 26th Glanton

Langford of 35th (excused) Perdue

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. The President resumed the Chair.

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.
Senate Sponsor: Senator Oliver of the 42nd.

The Senator Judiciary Committee offered the following substitute to HB 1921:
A BILL
To be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to 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 community service boards; to authorize methods of and procedures for certain self-insurance; to change certain provisions relating to the purchase of certain insurance or indemnity contracts; to provide for a transfer of funds; to provide for automobile liability coverage for community service boards, county departments of health, and county departments of family and children services; to provide for unemploy ment compensation benefits for community service boards, county departments of health, and county departments of family and children services; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for commercial fidelity bonds for community service boards, county departments of health, and county de partments of family and children services; to provide for commercial property policies for community service boards; to change certain definitions regarding tort claims against the state; to provide that workers' compensation shall be the exclusive remedy for certain claims against the state by state employees; to provide for waivers of confidentiality with respect to

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certain records relating to claims against the state; to provide for limitations and enforce ment proceedings in connection therewith; to provide for additional confidentiality in con nection therewith; to provide for and regulate hold harmless and indemnification agree ments; to provide for liability limits and reimbursement in connection therewith; to prohibit certain insurance policy provisions in connection therewith; 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 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by striking subsection (h) of Code Section 34-8-35, relating to definitions regarding unemployment compensation, and inserting in its place a new sub section (h) to read as follows:
"(h) The term 'employment shall include service performed in the employ of this state or any of its instrumentalities or any political subdivision of this state or any of its instru mentalities or any instrumentality of more than one of the foregoing or any instrumentality of any of the foregoing and one or more other states or political subdivisions, provided that such service is excluded from 'employment' as defined in the Federal Unemployment Tax Act by Section 3306(c)(7) of that act and is not excluded from 'employment' under para graph (3) of subsection (j) of this Code section. Each of the governmental entities described above shall be individually liable for the payment of contributions or reimbursement for payment of benefits as provided in Code Sections 34-8-158 through 34-8-161; and each shall be individually responsible for the filing of quarterly wage summary reports as promulgated in regulations by the Commissioner and provided in Code Section 34-8-165. For the pur poses of the unemployment compensation coverage provided for by this chapter, employees of county and district health agencies established under Chapter 3 of Title 31 and employ ees of the community service boards established under Chapter 2 of Title 37 are deemed to be employees of this state."
Section 2. Said title is further amended by striking paragraph (2) of Code Section 34-91, relating to definitions regarding workers' compensation, and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as oth erwise provided in this chapter, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that nothing contained in this chapter shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, if the employee dies, include Ws such employee's legal representatives, dependents, and other persons to whom compensation may be payable pursuant to this chapter. All firefighters, law enforcement personnel, and personnel of emer gency management or civil defense agencies, emergency medical services, and rescue organi zations whose compensation is paid by the state or any county or municipality, regardless of the method of appointment, and all full-time county employees and employees of elected salaried county officials are specifically included in this definition. There shall also be in cluded within such term any volunteer firefighter of any county or municipality of this state, but only for services rendered in such capacity which are not prohibited by Code Section 383-36 and only if the governing authority of the county or municipality for which such ser vices are rendered shall provide by appropriate resolution for inclusion of such volunteer firefighters; any volunteer law enforcement personnel of any county or municipality of this state who are certified by the Georgia Peace Officer Standards and Training Council, for volunteer law enforcement services rendered in such capacity which are not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law enforcement personnel; any person who is a volunteer member or worker of an emergency management or civil defense organization, emergency medical service, or

WEDNESDAY, MARCH 9, 1994

1635

rescue organization, whether governmental or not, of any county or municipality of this state for volunteer services, which are not prohibited by Code Section 38-3-36, rendered in such capacity and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such vol unteer members or workers; and any person certified by the Department of Human Re sources or the Composite State Board of Medical Examiners and registered with any county or municipality of this state as a medical first responder for any volunteer first responder services rendered in such capacity, which are not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such responders. The vari ous elected county officers and elected members of the governing authority of an individual county shall also be included in this definition, if the governing authority of said county shall provide therefor by appropriate resolution. For the purposes of workers' compensation coverage, employees of county and district health agencies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia and employ ees of community service boards established under Chapter 2 of Title 37 shall be considered to be employees of the state. For the purpose of workers' compensation coverage, members of the Georgia National Guard serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state. A person shall be an independent contractor and not an employee if such person has a written contract as an independent contractor and if such person buys a product and resells it, receiving no other compensation, or provides an agricultural service or such person otherwise qualifies as an independent contractor. Notwithstanding the foregoing provisions of this paragraph, any officer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the insurer or, if there is no insurer, the State Board of Workers' Compensation as provided in Code Section 34-9-2.1 of this article. For purposes of this chapter, an owner-operator as such term is defined in Code Section 40-2-87 shall be deemed to be an independent contractor. Inmates or persons participating in a work release program, community service program, or similar program as part of the punish ment for violation of a municipal ordinance pursuant to Code Section 36-32-5 or a county ordinance or a state law shall not be deemed to be an employee while participating in work or training or while going to and from the work site or training site, unless such inmate or person is employed for private gain in violation of Code Section 42-1-5 or Code Section 428-70 or unless the municipality or county had voluntarily established a policy, on or before January 1, 1993, to provide workers' compensation benefits to such individuals."
Section 3. Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, is amended by striking sub section (c) of Code Section 45-9-1, relating to general provisions regarding such insuring or indemnification, and inserting in its place a new subsection (c) to read as follows:
"(c) For the purpose of this article, the term 'agency' shall specifically include, but shall not be limited to, public retirement systems of state-wide application established by the laws of this state, but shall not include counties or municipalities; provided, however, that the employees of community service boards, county departments of health, and county de partments of family and children services as well as the members of the boards of said departments shall be considered to be state employees or officials for the purpose of this article. In order to facilitate the administration of liability coverage or other insurance cov erages provided the community service boards, county departments of health, and county departments of family and children services, the Department of Human Resources must designate a central office which will be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the De partment of Administrative Services."
Section 4. Said chapter is further amended by striking subsections (a) and (b) of Code Section 45-9-4, relating to the purchase of certain insurance or indemnity contracts, and inserting in their place new subsections (a) and (b) to read as follows:
"(a) When the commissioner of administrative services determines that an adequate

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JOURNAL OF THE SENATE

number of agencies, boards, bureaus, commissions, departments, or authorities of this state have requested him the commissioner to do so, he the commissioner shall have the authority to purchase policies of liability insurance, reinsurance, or contracts of indemnity insuring or indemnifying the officers, officials, or employees of such agencies, boards, bureaus, commis sions, departments, or authorities against personal liability for damages arising out of the performance of their duties or in any way connected therewith, under a master policy or on a blanket coverage basis with or without deductibles or excess coverage. The commissioner may provide for endorsements for contractual liability and, where necessary or convenient to the public functions of the state, the commissioner may also provide for additional insur ers. In such event, the commissioner may alternatively retain all moneys paid to the Department of Administrative Services as premiums on such policies of liability insurance or con tracts of indemnity, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve fund for the payment of such liability under, and the expenses necessary to administer properly, a self-insurance program. If the commis sioner decides to institute a self-insurance program, fee the commissioner shall establish and maintain a reserve fund for the payment of liabilities arising out of claims against officers, officials, and employees of the state and for any additional insureds. The commissioner shall invest any such moneys in the same manner as other moneys in his the commissioner's possession.
(b) The commissioner of administrative services ahall cstabliah and adminiatcr a pro gram for injuring the officers and employees of agencies, boards, bureaus, commissions, do partmcnta, or authorities of this state, when such entities request him to do so, against liability in connection with abating or removing asbestos or other hazardous materials in public premises. In addition to insuring officers and employees of agencies, boards, bureaus, commissions, departments, or authorities of the state aa provided above, the commissioner
t'idc liability insurance coverage to holders of a patent or patents for thi moval of abatement of asbestos or other hazardous materials pursuant to the terms of a licensing agreement between the patent holder and the state. For thia purpose, the commia aioncf may purchase policies of liability insurance or contracts of indemnity insuring or in demnifying auch officers and cmploycca under a maater policy or on a blanket coverage baais with or without dcductiblcs or cxceaa coverage. The commissioner may alternatively retain all premium moneys paid to the Department of Administrative Services for auch purpoaca, all moneys received as interest, and all moneys received from other aoureea to establish and maintain a reserve fund for the payment of auch liability and the expenses necessary to adminiatcr properly a program of ndf insurance. The commiaaionero ohall inveot any auch money in the aamc manner aa other moncya in hia poaacaaion. The funda for the insurance or self insurance provided for in thia aubacetion shall be designated the 'Hazardous Matcri ala Liability Rcacrve Fund,' and auch fund and program shall be an undertaking separate and apart from the program of liability insurance and aclf insurance provided for in subacc tion (a) of thia Code section. On the effective date of this Act, the commissioner of the Department of Administrative Services shall transfer all funds from the Hazardous Materi als Liability Reserve Fund into the State Tort Claims Trust Fund established pursuant to Article 2 of Chapter 21 of Title~5D71
Section 5. Said chapter is further amended by adding a new Code section immediately following Code Section 45-9-40, to be designated Code Section 45-9-40.1, to read as follows:
"45-9-40.1. The Department of Administrative Services is authorized to provide auto mobile liability coverage to community service boards through the automobile policy of in surance provided for in Code Section 45-9-40 or through a separate business automobile liability policy. These policies will provide coverage to employees of county departments of health, county departments of family and children services, and community service boards, up to the limit specified in the policy, for protection from liability for damages arising out of the operation of any state owned or leased vehicle when such boards use these vehicles in the course of their employment. The commissioner of administrative services may provide the coverages, with the cost of such insurance being allocated to such boards and depart ments in accordance with the allocation formula provided for in Code Section 45-9-43 or by

WEDNESDAY, MARCH 9, 1994

1637

allocating the actual cost of the business automobile liability policy to such boards and de partments. The Department of Human Resources must provide a central office to coordinate the collection of underwriting data and premiums as required in subsection (c) of Code Section 45-9-1."
Section 6. Said chapter is further amended by adding a new subsection at the end of Code Section 45-9-110, relating to consolidation of unemployment compensation claims, to be designated subsection (d) to read as follows:
"(d) The commissioner of administrative services shall have the authority to provide unemployment compensation benefits insurance to all of the county departments of health, county departments of family and children services, and community service boards. The commissioner of human resources shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required including but not lim ited to payroll data each quarter for the service centers, and shall collect the unemployment premium from such boards and departments and remit the premium to the Department of Administrative Services. All of the county departments of health, county departments of family and children services, and community service boards shall participate in such unem ployment compensation benefit insurance program."
Section 7. Title 50 of the Official Code of Georgia Annotated, relating to state govern ment, is amended by adding a new Code section immediately following Code Section 50-551, to be designated Code Section 50-5-51.1, to read as follows:
"50-5-51.1. The commissioner of administrative services may, upon request, assist and coordinate with county departments of health, county departments of family and children services, and community service boards the purchase of commercial fidelity bonds for offi cials, officers, and employees of such boards and departments. The payment of the premium to the commercial fidelity carrier will be the responsibility of such county departments of health, county departments of family and children services, and community service boards."
Section 8. Said title is further amended by adding a new Code section immediately following Code Section 50-16-11, to be designated Code Section 50-16-11.1, to read as follows:
"50-16-11.1. The Department of Administrative Services is authorized to assist and co ordinate the purchase of a commercial property policy for coverage for the buildings, con tents, and other property owned by community service boards. The payment of the pre mium to the commercial carrier shall be the responsibility of the community service boards."
Section 9. Said title is further amended by adding a new paragraph immediately follow ing paragraph (3) of Code Section 50-21-22, relating to definitions regarding tort claims against the state, to be designated paragraph (3.1), to read as follows:
"(3.1) 'Occurrence' means an accident, including continuous or repeated exposure to substantially the same general harmful conditions."
Section 10. Said title is further amended by striking paragraph (7) of Code Section 5021-22, relating to definitions regarding tort claims against the state, and inserting in its place a new paragraph (7) to read as follows:
"(7) 'State officer or employee' means any officer, employee, of agents officer or em ployee of the state, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of the state in any official capacity, whether with or without compensation, but the term does not include an independent contractor doing busi ness with the state. The term state officer or employee also includes any natural person who is a member of a board, commission, committee, task force, or similar body established to perform specific tasks or advisory functions, with or without compensation, for the state or a state government entity, and any natural person who is a volunteer participating as a volun teer, with or without compensation, in a structured volunteer program organized, controlled, and directed by a state government entity for the purposes of carrying out the functions of

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the state entity. An employee shall also include foster parents and foster children. The term shall not include a corporation whether for profit or not for profit, or any private firm, business proprietorship, company, trust, partnership, association, or other such private entity."
Section 11. Said title is further amended by adding a new Code section immediately following Code Section 50-21-24, to be designated Code Section 50-21-24.1, to read as follows:
"50-21-24.1. This act does not waive the workers' compensation exclusive remedy when state employees are injured on the job. The workers' compensation fund shall pay claims for job related injuries and not the State Tort Claims Trust Fund."
Section 12. Said title is further amended by adding new subsections at the end of Code Section 50-21-26, relating to notice of claim against the state, to be designated subsections (c) and (d), to read as follows:
"(c) The Department of Administrative Services shall have the authority to examine and copy any records of any state government entity to facilitate the investigation of a claim. Each state government entity shall make available to the Department of Administra tive Services, incidental to any investigation of a claim, all such records notwithstanding any other provision of law which designates such records as confidential or which prohibits dis closure of such records; provided, however, that the Department of Administrative Services shall be bound by such provision of law and shall not make further disclosure of such records except as permitted by such provision of law. The Department of Administrative Services may enforce the authority granted under this subsection by subpoena which may be enforced, upon application by the department, by the Superior Court of Fulton County, Georgia, in the same manner as subpoenas issued under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' may be enforced.
"(d) Any document or information gathered or prepared by the Department of Admin istrative Services in connection with the investigation undertaken as a result of the notice of claim shall be considered privileged and confidential and shall not be subject to discovery by any claimant in any proceeding under this article except as otherwise provided by law."
Section 13. Said title is further amended by adding a new Code section immediately following Code Section 50-21-36, to be designated Code Section 50-21-37, to read as follows:
"50-21-37. (a) If a state government entity enters into or is the beneficiary of any agree ment under which a third party agrees to hold a state government entity or the State Tort Claims Trust Fund harmless or to indemnify a state government entity or the State Tort Claims Trust Fund, or to provide insurance for those purposes, then the third party or the insurer, as the case may be, shall be liable to the State Tort Claims Trust Fund in accor dance with such agreement or contract of insurance, for reimbursement of the amount of any disbursements from the State Tort Claims Trust Fund in satisfaction of any liability, whether established by judgment or settlement in accordance with this article, to the extent of the hold harmless obligation or requirement to procure insurance undertaken under such agreement or contract of insurance obtained pursuant to such agreement. The liability lim its specified under Code Section 50-21-29 shall not be increased by the existence of hold harmless or indemnity obligations in such contractual agreements or by the obligation to procure insurance for such purposes or by the limits set forth in any such contractual agree ment or contract of insurance procured pursuant thereto.
(b) No policy of insurance shall be delivered in this state which negates the provisions of this Code section or which provides that the limits of the policy are excess over amounts payable from the State Tort Claims Trust Fund under this Code section."
Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 15. All laws and parts of laws in conflict with this Act are repealed.

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1639

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen Broun of 46th 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 llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Coleman Egan Henson

Langford of 35th (excused) Parrish

Scott 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 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.
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:

Alien Balfour Baugh Boshears Bowen Broun of 46th

Brown of 26th Burton Clay Coleman Crotts Day

Dean Edge Egan Farrow Gillis Glanton

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JOURNAL OF THE SENATE

Gochenour Guhl Harbison Hemmer
Hooks Kemp Langford of 29th Madden Marable

McGuire Middleton Newbill Oliver
Pollard Ragan of 32nd Ralston Ray Robinson

Those not voting were Senators:

Abernathy Blitch Cheeks

Henson Huggins Isakson

Scott Slotin Starr
Thompson Turner Tysinger Walker
Langford of 35th (excused) Parrish Ragan of llth

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 561. By Senator Blitch of the 7th: A resolution designating the Robert Lee Patten II Probation Boot Camp.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 618. By Senators Ragan of the 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.
Senator Robinson of the 16th, President Pro Tempore, assumed the Chair. The Calendar was resumed.
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. Senate Sponsor: Senator Farrow of the 54th.

WEDNESDAY, MARCH 9, 1994

1641

Senators Newbill of the 56th, Ralston of the 51st, McGuire of the 30th et al. offered the following amendment:
Amend HB 1429 by deleting on page 16 line 9 the period; in lieu thereof add the follow ing: ", and unless each person, without exception, who appears at the polls shall there dis play written proof of his or her identity. Such proof may be demonstrated by a driver's license, voter registration card, library card, social security card, credit card, birth certifi cate, medicare card, or such other form of reliable proof as may be designated by the Secre tary of State. If any person whose name appears on the registration list, but who appears at the polls without such written identification nevertheless desires to vote, he or she may vote a challenged ballot under such procedures as may be promulgated by the Secretary of State to facilitate verification of his or her identity."
On the adoption of the amendment, the President Pro Tempore ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Blitch Boshears Broun of 46th Burton Cheeks Clay

Crotts Day Edge Egan Glanton Gochenour Guhl Hemmer

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

Those voting in the negative were Senators:

Abernathy Baugh Bowen Brown of 26th Coleman Dean Farrow Gillis Harbison Henson

Hill Hooks Huggins Kemp Madden Marable Middleton Oliver Parrish Perdue

Pollard Ragan of llth Ray Scott Slotin Starr Taylor Thomas Thompson Walker

Not voting were Senators Langford of 35th (excused) and Robinson (presiding).
On the adoption of the amendment, the yeas were 24, nays 30; and the amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Baugh Bowen Broun of 46th Brown of 26th Cheeks Clay Coleman Dean Edge Egan

Farrow Gillis Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp

Langford of 29th Madden Marable McGuire Middleton Oliver Parrish Perdue Pollard Ragan of llth Ray

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JOURNAL OF THE SENATE

Scott Slotin Starr

Taylor Thomas Thompson

Turner Walker

Those voting in the negative were Senators:

Alien Balfour Blitch Boshears

Burton Day Glanton Gochenour

Newbill Ragan of 32nd Ralston Tysinger

Those not voting were Senators:

Crotts

Langford of 35th (excused) Robinson (presiding)

On the passage of the bill, the yeas were 41, nays 12.
The bill, having received the requisite constitutional majority, was passed.
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.
Senate Sponsor: Senator Ragan of the llth.
Senators Crotts of the 17th, Langford of the 29th, Broun of the 46th and others offered the following amendment:
Amend HB 1798 by inserting "to designate English as the official language of Georgia;" immediately following "crop;" on line 4 of page 1.
By inserting "(a)" immediately following "50-3-69." on line 21 of page 1.
By striking the quotation marks on line 22 on page 1 and inserting immediately follow ing line 22 on page 1 the following:
"(b) English shall be the language of public records, as defined in Code Section 50-1870, and public meetings, as defined in Code Section 50-14-1, including any government doc uments, records, meetings, or policies enforceable by authority of this state.
(c) Subsection (b) of this Code section shall not apply to:
(1) Public safety, health, or justice matters;
(2) Foreign language instruction or instruction to integrate limited English proficient students into the education system; or
(3) International sporting events, tourism, or commerce.' "
Senators Crotts of the 17th and Hemmer of the 49th offered the following amendment:
Amend the Crotts et al. amendment to HB 1798 as follows:
"On line 25 add (d) "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."
On the adoption of the amendment, the yeas were 41, nays 0, and the Crotts and Hem mer amendment to the Crotts et al. amendment to HB 1798 was adopted.

WEDNESDAY, MARCH 9, 1994

1643

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

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Guhl Hemmer Henson Hill Huggins Isakson Kemp Langford of 29th Madden Marable McGuire

Middleton Newbill Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Starr Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Brown of 26th Harbison

Oliver Scott

Slotin Thomas

Those not voting were Senators:

Abernathy Alien

Hooks Langford of 35th (excused)

Robinson (presiding) Walker

On the adoption of the amendment, the yeas were 44, nays 6, and the Crotts et al. amendment to HB 1798 was adopted as amended.
The President Pro Tempore announced that, pursuant to Senate Rule 143, considera tion of HB 1798 would be suspended and the bill was placed on the Senate General Calendar.

The President resumed the Chair.

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.
Senate Sponsor: Senator Tysinger of the 41st.

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

Those voting in the affirmative were Senators:

Balfour Baugh

Blitch Boshears

Bowen Broun of 46th

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JOURNAL OF THE SENATE

Brown of 26th Burton Cheeks Clay Coleman Crotts
Deaayn Edge Egan Farrow Gillis Glanton Gochenour Guhl

Harbison Hemmer Henson Hill Huggins Isakson
TLKaenmg?fordj o,f0209*1th. Madden Marable McGuire Middleton Newbill Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston ^
R_ obinson TM" flotm starr Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien

Hooks Langford of 35th (excused)

Taylor Walker

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.
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.
Senate Sponsor: Senator Farrow of the 54th.
Senators Thomas of the 10th and Madden of the 47th offered the following amendment:
Amend HB 1400 by adding following the word "fees" on line 10 of page 1 the following:
"; to provide for physician's liens on services performed; to provide for the manner of perfecting such liens".
By striking lines 16 and 17 of page 1 and inserting in lieu thereof the following:
"to miscellaneous liens, is amended by adding new Code Sections 44-14-518 and 44-14519 to read as follows:"
By striking the quotation mark at the end of line 19 of page 2 and by inserting between lines 19 and 20 of page 2 the following:
"43-14-519. (a) Any physician licensed to practice medicine in this state shall have a lien for the reasonable charges for care and treatment of any person treated by such physi cian. Any lien taken shall be upon any and all causes of action accruing to the person to whom the care and treatment was furnished or to the legal representative of such person on account of the matter giving rise to the cause of action and which necessitated the physi cian's care and treatment.
(b) In order to perfect the lien provided for in subsection (a) of this Code section, the physician, within 60 days after the person has received the last service or treatment, shall file in the office of the clerk of the superior court of the county in which the physician

WEDNESDAY, MARCH 9, 1994

1645

resides and in the county wherein the patient resides, if a resident of this state, a verified statement setting forth the name and address of the patient as it appears on the records of such physician; the name and address of the physician; the dates of care and treatment of the patient therefrom; the amount claimed to be due for the physician's care; and, to the best of the claimant's knowledge, the names and addresses of all persons, firms, or corpora tions claimed by the injured person or the legal representative of the person to be liable for damages arising from the injuries. Such claimant shall also, within one day after the filing of the claim or lien, mail a copy thereof to any person, firm, or corporation claimed to be liable for the damages, said copy to be mailed to the address given in the statement. The filing of the claim or lien shall be notice thereof to all persons, firms, or corporations liable for the damages, whether or not they are named in the claim or lien.' ".
Senator Thomas of the 10th asked unanimous consent that the amendment be withdrawn.

The consent was granted, and the amendment 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:

Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th
cSb
~feeks
DCTMrotts Dean Edge Egan Farrow Gillis Glanton

Gochenour Guhl Harbison Hemmer Henson ffiu
Huggins
Isakson
LKaenmgpford of 29th Madden Marable McGuire Middleton Newbill Oliver

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

Those not voting were Senators:

Abernathy Alien Blitch

Coleman Hooks

Langford of 35th (excused) Robinson (presiding)

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. The President resumed the Chair.

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.
Senate Sponsor: Senator Hill of the 4th.

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JOURNAL OF THE SENATE

The Senate Rules Committee offered the following amendment:
Amend HR 921 by striking on line 25 of page 5 the following: "1995",

and inserting in lieu thereof the following: "1994".

On the adoption of the amendment, the yeas were 37, nays 0; and the committee amendment was adopted.
Senator Hill of the 4th offered the following amendment:
Amend HR 921 by striking from line 7 of page 6 the following: "1995",

and inserting in lieu thereof the following: "1994".

On the adoption of the amendment, the yeas were 38, nays 0; and the Hill amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to as amended.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Glanton Gochenour Guhl Harbison Hemmer Henson Hill 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 Walker

Those not voting were Senators:

Abernathy Alien Clay

Coleman Hooks Langford of 35th (excused)

Parrish Tysinger

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.

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.
Senate Sponsor: Senator Henson of the 55th.

WEDNESDAY, MARCH 9, 1994

1647

Senators Henson of the 55th, Robinson of the 16th, Newbill of the 56th and others offered the following amendment:
Amend HB 1270 by striking "Human" and inserting "Natural" on line 3 of page 1, line 21 of page 3, line 7 of page 6, and line 11 of page 8.
By striking "that the department shall promulgate regulations regarding", and inserting "for" on lines 6 and 7 of page 1.
By adding after the semicolon on line 11 of page 1 the following:
"to provide for exemptions and regulations;".
By adding "to provide for an effective date;" after "matters;" on line 18 of page 1.
By adding "as specified by the department" immediately following "measures" on line 2 of page 4.
By striking the comma at the end of line 4 of page 4 and striking lines 5 through 10 of page 4, and inserting in their place a period.
By striking lines 28 through 30 of page 4 and inserting "activity that fails the toxicity characteristics determined by the department."
By adding between lines 2 and 3 of page 6 the following:
"(17.1) 'Risk assessor' means a person who conducts on-site risk assessments of lead hazards."
By adding "(1)" immediately following "(c)" on line 33 of page 6.
By striking "administered" and inserting "approved" on line 7 of page 7.
By striking "prior to" and inserting "after" on line 11 of page 7.
By adding between lines 17 and 18 of page 7 the following:
"(2) On and after January 1, 1996, no person shall perform or represent that such per son is qualified to perform any lead hazard reduction activities for compensation unless such person possesses the appropriate licensure or certification as determined by the department or unless:
(A) Such person is an owner performing abatement upon that person's own property; or
(B) Such person is an employee of a property management company doing routine cleaning and repainting upon property managed by that company where there is insignifi cant damage, wear, or corrosion of existing lead-containing paint or coating substances.
(3) A person who is employed by a state or county health department or agency to conduct lead investigations to determine the sources of lead poisonings, as determined by the department, shall be subject to licensing pursuant to paragraph (2) of this subsection as a lead inspector but shall not be required to pay any fees as otherwise required under this chapter or under rules and regulations promulgated by the department under this chapter."
By striking lines 18 through 20 of page 8 and inserting in their place the following:
"Section 2. This Act shall become effective upon the Department of Natural Resources' receiving sufficient federal funding for the purpose of implementing the department's duties under this Act."
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.

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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 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 Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Oliver

Those not voting were Senators:

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

Abernathy Alien Blitch

Crotts

Newbill

Hooks

Parrish

Langford of 35th (excused)

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

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

HB 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 Artibration Council.
Senate Sponsor: Senator Ragan of the llth.
The Senate Agriculture Committee offered the following amendment to HB 1641:
On page 2, line 18, delete the word "distributes" and insert the word "sells".
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.

WEDNESDAY, MARCH 9, 1994

1649

On 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 t ,,,,.
BrB,rroowunn oofrf 4n266tithih BChuerteokns Clay
Crotts Day Dean Edge Farrow

Gillis Glanton Gochenour Guhl Harbison
5emmer
HTHTie-lnnl son HIsuakgsgoinns Kemp
Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan of llth
Roe*"1 of 32nd
DKR a,lstton :RTMoub-inson Slotm
Starr Taylor Thomas Turner Tysinger

Those not voting were Senators:

Alien Coleman Egan

Hooks

Scott

Langford of 35th (excused) Thompson

Parrish

Walker

On the passage of the bill, the yeas were 47, nays 0, The bill, having received the requisite constitutional majority, was passed as amended.

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 injury incurred during the course of employment may purchase service credit for such period.
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
February 21, 1994
The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification House Bill 419 (LC 21 2778S) Teachers Retirement System Public School Employees Retirement System
Dear Representative Cummings:
This amended bill would allow certain public employees to obtain creditable service

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JOURNAL OF THE SENATE

under their respective retirement systems for service lost during periods of temporary disa bility. The public employee would be eligible for up to 12 months of creditable service pro vided that employee contributions (with interest) for the service claimed are made within six months after returning to duty. Additionally, the bill requires that there must be a pe riod of at least five years of continuous employee retirement system contributions between periods of creditable service claimed for temporary disability. This amended bill removes Georgia Firemen's Pension Fund and the Peace Officers' Annuity and Benefit Fund from the retirement systems to which the bill applies.
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,
/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
oowen , ,fitu
BBrroowunn ooff 4266tthh Bp,urto, n Clay Crotts Day Dean Edge Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer
Henson
HH m ; ,,KemB6p Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Perdue Pollard Ragan of llth Ragan of 32nd Ralston
Rav
Rs obinson 0S1lot,.m Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Coleman Egan

Hooks Isakson

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.
HB 389. By Representatives Sinkfield of the 57th, Smith of the 174th, Orrock of the 56th and others:
A bill to amend Chapter 10 of Title 34 of the Official Code of Georgia Annotated, relating to labor pools, so as to define certain terms; to prohibit employers from failing to give temporary employees pay stubs or other notice of their rate of pay and any deductions; to prohibit paying temporary employees except in cash or

WEDNESDAY, MARCH 9, 1994

1651

check redeemable at full value; to provide for the powers of the Commissioner of Labor.
Senate Sponsor: Senator Henson of the 55th.

The Senate Insurance and Labor Committee offered the following amendment:
Amend HB 389 by inserting on line 11 of page 1 after "date;" the following:
"to provide for automatic repeal;".
By inserting between lines 25 and 26 of page 4 the following:
"Section 7. This Act shall be repealed in its entirety July 1, 1997, if funds have not been specifically appropriated for purposes of this Act on or before such date.".
By renumbering the existing Section 7 as Section 8. On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Brown of 26th Burton Cheeks Clay Crotts Dean Edge Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill Huggins Kemp Madden Marable McGuire Middleton Newbill Oliver

Those not voting were Senators:

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

Alien Broun of 46th Coleman Day

Egan Hooks Isakson Langford of 35th (excused)

Langford of 29th Parrish Taylor Walker

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

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JOURNAL OF THE SENATE

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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 House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 203. By Senators Hill of the 4th, Perdue of the 18th, Taylor of the 12th, Ragan of the llth and Gillis of the 20th:
A resolution proposing an amendment to the Constitution so as to authorize counties and municipal corporations to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property lo cated in such county or municipal corporation with other counties or municipal corporations with which the assessing county or municipal corporation has con tracted; to provide for the submission of this amendment for ratification or rejection.
The House has passed by substitute, by requisite constitutional majority, the following bill of the Senate:
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 Calendar was resumed.
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 Journeymen Plumbers to require continuing education for renewal of master plumber licenses.
Senate Sponsor: Senator Tysinger of the 41st.
The Senate Science, Technology and Industry Committee offered the following amendment:
Amend HB 1690 by striking line 25 of page 1 and inserting the following: "more than four hours annually. The division shall". By striking lines 14 through 20 of page 2. 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.

WEDNESDAY, MARCH 9, 1994

1653

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Brown of 26th Burton Clay Coleman Crotts Dean Egan

Farrow Guhl Henson Isakson Langford of 29th Madden Marable McGuire Middleton Newbill Pollard

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

Those voting in the negative were Senators:

Cheeks Edge Gillis

Glanton Gochenour Harbison

Huggins Kemp Perdue

Those not voting were Senators:

Abernathy Alien Broun of 46th Day Hemmer

Hill Hooks Langford of 35th (excused) Oliver

Parrish Taylor Thomas Walker

On the passage of the bill, the yeas were 34, nays 9. The bill, having received the requisite constitutional majority, was passed as amended.

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.
Senate Sponsor: Senator Edge of the 28th.
The Senate Judiciary Committee offered the following amendment:
Amend HB 1358 by striking from line 1 of page 2 the following: "five",

and inserting in lieu thereof the following: "ten".
On the adoption of the amendment, the yeas were 36, nays 0; and the amendment was adopted.
Senators Marable of the 52nd and Ray of the 19th offered the following substitute to HB 1358:
A BILL
To be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to provide for a presumption of intention to convert certain rented or leased personal property; to define a certain term; to

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JOURNAL OF THE SENATE

provide that in prosecutions for violations of Code Section 16-8-4 involving a written rental agreement for personal property, the crime shall also be considered to have been committed in the county in which the accused signed the rental agreement; to amend Code Section 1612-2 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 Offi cial Code of Georgia Annotated, relating to licensing of certain child care facilities, so as to provide for signs prohibiting smoking; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, is amended by adding at the end of Code Section 16-8-4, relating to theft by conversion, a new subsection to read as follows:
"(c) (1) As used in this subsection, the term 'personal property' means personal prop erty having a replacement cost value greater than $100.00, including any late fees and penal ties, and includes heavy equipment as defined in paragraph (2) of Code Section 10-1-731 and tractors and farm equipment primarily designed for use in agriculture.
(2) Any person having any personal property in such person's possession or under such person's control by virtue of a lease or rental agreement who fails to return the personal property within five days, Saturdays, Sundays, and holidays excluded, after a letter de manding return of the personal property has been mailed to such person by certified or registered mail, return receipt requested, at such person's last known address by the owner of the personal property or by the owner's agent shall be presumed to have knowingly con verted such personal property to such person's own use in violation of such lease or agreement."
Section 2. Said article is further amended by striking in its entirety Code Section 16-811, relating to venue for purposes of Code Sections 16-8-2 through 16-8-9 and 16-8-13 through 16-8-15, and inserting in lieu thereof a new Code Section 16-8-11 to read as follows:
"16-8-11. In a prosecution under Code Sections 16-8-2 through 16-8-9; and 16-8-13 through 16-8-15, the crime shall be considered as having been committed in any county in which the accused exercised control over the property which was the subject of the theft. In addition, in any prosecution under Code Section 16-8-4 in which there is a written rental agreement for personal property, the crime shall also be considered to have been committed in the county in which the accused signed the rental agreement."
Section 3. Code Section 16-12-2 of the Official Code of Georgia Annotated, relating to smoking in public places, is amended by striking subsection (a) thereof and inserting in its place the following:
"(a) A person who smokes tobacco in any form in any of the following public places shall be guilty of a misdemeanor:
(1) An enclosed elevator which is used by or open to the public and which is clearly designated by a no-smoking sign;
(2) Any place on a public transportation vehicle which is used by the public and which is clearly designated by a no-smoking sign; er
(3) Any area which is used by or open to the public and which is clearly designated by a no-smoking signr ; or
(4) Any area which is the real property upon which is operated a day-care center, group day-care home, or family day-care home, as defined in Code Section 49-5-3, during the hours of operation of such facility."

WEDNESDAY, MARCH 9, 1994

1655

Section 4. Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing of certain child care facilities, is amended by adding after paragraph (7) of subsec tion (b) thereof the following:
"(7.1) Persons who operate day-care centers, group day-care homes, or family day-care homes shall post signs prohibiting smoking to carry out the purposes of paragraph (4) of subsection (a) of Code Section 16-12-2."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Slotin of the 39th offered the following amendment:
Amend the Marable and Ray substitute to HB 1358 by adding on line 25, page 1, after "100.00," the following: "relating to construction equipment".
On the adoption of the amendment offered by Senator Slotin of the 39th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Boshears Brown of 26th Clay Coleman

Harbison Kemp Oliver Scott

Slotin Thomas Tysinger Walker

Those voting in the negative were Senators:

Balfour Baugh Blitch Bowen Broun of 46th Burton Cheeks Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Hemmer Henson Hill Huggins Isakson Langford of 29th Madden Marable McGuire

Middleton Newbill Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Starr Thompson Turner

Those not voting were Senators:

Alien Hooks

Langford of 35th (excused) Parrish

Taylor

On the adoption of the amendment, the yeas were 13, nays 38, and the Slotin amend ment to the Marable and Ray substitute was lost.
On the adoption of the substitute, the yeas were 37, nays 1, and the Marable and Ray substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of HB 1358 would be suspended and the bill was placed on the Senate General Calendar.
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

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JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Ragan of the llth.
The Senate Health and Human Services Committee offered the following substitute to HB 1658:
A BILL
To be entitled an Act 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 that on-site individual sewage management systems properly approved shall be approved for installation in every county in the state; to provide conditions under which such on-site individual sew age management systems are subject to reexamination by such department; to amend Code Section 31-3-5.1 of the Official Code of Georgia Annotated, relating to regulations for septic tanks or individual sewage management systems in unincorporated areas, so as to repeal certain provisions relating to the applicability of certain regulations adopted by a county board of health; 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 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by striking in its entirety Code Section 31-2-7, relating to standards for individual sewage management systems, and inserting in lieu thereof a new Code Section 31-2-7 to read as follows:
"31-2-7. (a) As used in this Code section, the term:
(1) 'Individual sewage management system' shall mean a self-contained, on-site sewage treatment plant or component of such plant designed to serve no more than one residence and approved for such use by the director of the Environmental Protection Division of the Department of Natural Resources.
(2) 'Properly approved' means any individual sewage management system or component of such system which is technologically incapable of a surface discharge of untreated sewage and whicHT
(A) Has been approved in a regulation promulgated by the department; or
(B) Has been approved for use per the manufacturer's recommendations by the boards of health in a minimum of ten counties and has performed satisfactory service for a period of three years or longer?
(3) 'Satisfactory service' means that the supervisor of the county on-site program has stated" in writing that an individual sewage management system or component thereof has performed in an acceptable manner.
(4) 'Unsatisfactory service' means documented substandard performance as compared to other approved systems or components.
(b) The Department of Human Resources shall have the authority as it deems neces sary and proper to adopt state-wide minimum standards for on-site, individual sewage man agement systems, including but not limited to standards for the size and construction of septic tanks. The department is authorized to require that any on-site, individual sewage management system be examined and approved prior to allowing the use of such system in the state. Any on-site, individual sewage management system which has been properly approved shall, by virtue of such approval and by operation of law, be approved for installa tion in every county of the state; provided, however, that pe upon written request of three or more county boarda-ef health districts, the department is authorized to require the

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reexamination of any such system or component thereof, provided that documentation is submitted indicating unsatisfactory service of such system or component thereof. Before any such examination or reexamination, the department may require the person, persons, or organization manufacturing or marketing the system to reimburse the department or its agent for the reasonable expenses of such examination. Aa used in this Code section, the term 'individual acwage management ayatom' shall mean a aclf-containcd, on aitc sewage treatment plant dcaigncd to serve no more than one residence and approved for auch uac by the director of the Environmental Protection Division of the Department of Natural Resources."
Section 2. Code Section 31-3-5.1 of the Official Code of Georgia Annotated, relating to regulations for septic tanks or individual sewage management systems in unincorporated areas, is amended by striking in its entirety subsection (c) which reads as follows:
"(c) The regulations of a county board of health adopted pursuant to the authority of paragraphs (1) through (5) of subsection (a) of this Code section shall control over any con flicting or inconsistent rules or regulations of the Department of Human Resources adopted pursuant to Chapter 2 of this title or pursuant to any other law."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senators Slotin of the 39th and Ragan of the llth offered the following amendment:
Amend the Senate committee substitute to HB 1658 by striking from line 7 of page 2 the word "technologically" and inserting in lieu thereof the following:
"designed to be physically".
On the adoption of the amendment, the yeas were 31, nays 0; and the 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 Brown of 26th Burton
Coleman Crotts j)ay Dean Egan Farrow Gillis

Glanton Gochenour Guhl
Harbison Hemmer Hill Hooks H ing TITKs,aekm, spon Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard
Ragan of llth Ralston Ray Robinson & ,,SS~.ltoatr..irn Taylor Thomas Thompson Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Alien Clay Edge

Henson

Parrish

Langford of 35th (excused) Ragan of 32nd

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 1653. By Representatives Twiggs of the 8th, Colwell of the 7th, Dobbs of the 92nd 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.

Senate Sponsor: Senator Marable of the 52nd.

The Senate Special Judiciary Committee offered the following amendment:
Amend HB 1653 on page 1, line 8 by replacing "12" with "six" and on page 2, line 1 by replacing "12" with "six".
On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears
BBorowuenn of 46th Brown of 26th BChuerteokns Coleman Crotts j} ay Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison
HHeenmgmoner Rm ,,Hook, s Hu8ins Isakson Kemp Langford of 29th Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard
RRagan ooff 3ll2tnhd Ralston DRay Robinson Scott Slotin Starr Thomas Thompson Turner

Those not voting were Senators:

Alien

Parrish

Clay

Taylor

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 as amended.

WEDNESDAY, MARCH 9, 1994

1659

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 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.
Senate Sponsor: Senator Harbison of the 15th.

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

Those voting in the affirmative were Senators:

Abernathy 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 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 Hooks

Langford of 35th (excused) Parrish

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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.
Senate Sponsor: Senator Oliver of the 42nd.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Alien

Newbill

Langford of 35th (excused) Parrish

Thompson

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

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.
Senate Sponsor: Senator Isakson of the 21st.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh 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

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1661

Henson Hill Hooks Hugging Isakson Kemp Langford of 29th Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston

Those not voting were Senators:

Alien

Parrish

Langford of 35th (excused) Taylor

Ray Robinson Scott Slotin Starr 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.
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.
Senate Sponsor: Senator Perdue of the 18th.
The Senate Finance and Public Utilities Committee offered the following substitute to HB 1704:
A BILL
To be entitled an Act to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, so as to au thorize the imposition of such tax for certain local or regional solid waste or recovered materials facilities; to change the maximum period of time for which such tax may be im posed for certain purposes; to change certain provisions regarding the contents of the ordi nance or resolution of the governing authority calling for the imposition of the tax; to change certain provisions regarding the contents of the required ballot questions relating to the tax; to make provisions for disposition of tax proceeds in certain cases; to provide for use where certain purposes for which the tax was imposed are economically infeasible; to provide for a date of automatic repeal; to change certain provisions regarding the expendi ture of excess proceeds; to provide for related matters; 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. Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, is amended by striking subparagraph (a)(l)(B) of Code Section 48-8-111, relating to the imposition procedures for the spe cial county 1 percent sales and use tax, and inserting in its place a new subparagraph (a) (1MB) to read as follows:
"(B) A capital outlay project or projects of the county for the use of or the benefit of the citizens of the entire county and consisting of a county courthouse; county administra tive buildings; a civic center; a hospital; a county jail, correctional institution, or other de tention facility; a county library; a coliseum; sanitary landfills local or regional solid waste handling facilities as defined under paragraph (27.1) or (35) of Code Section 12-8-22, as

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JOURNAL OF THE SENATE

amended, excluding any solid waste thermal treatment technology facility, including but not limited to, any facility for purposes of incineration or waste to energy direct conversion; local or regional recovered materials processing facilities as defined under paragraph (26) of Code Section 12-8-22, as amended; or any combination of such project;".
Section 2. Said article is further amended by striking paragraph (2) of subsection (a) of Code Section 48-8-111, relating to imposition procedures for the special county 1 percent sales and use tax, and inserting in its place a new paragraph (2) to read as follows:
"(2) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed; five years;
(A) Five years if the procccda of the tax arc to be used in whole for purposes other than road, street, and bridge purposes for which the tax may be impoacd;
(B) Four ycara if the proceeds of the tax arc to be uacd in whole for road, street, and bridge purpooca for which the tax may be impoacd, or
(C) Four years for road, street, and bridge purposes and five years for purposes other than road, street, and bridge purposes if the proceeds of the tax arc to be used in part for road, street, and bridge purposes and in part for purpoaca other than road, street, and bridge purpoflco for which the tax may be impoocd!".
Section 3. Said article is further amended by striking paragraph (3) of subsection (a) of Code Section 48-8-111, relating to imposition procedures for the special county 1 percent sales and use tax, and inserting in its place a new paragraph (3) to read as follows:
"(3) The maximum cost of the project or projects which will be funded from the pro ceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax, except that if the tax is to be impoacd in whole or in port for road, street, and bridge purposes the maximum coat and maximum proceeds to be raised shall be

Section 4. Said article is further amended by striking paragraph (3) of subsection (d) of Code Section 48-8-111, relating to imposition procedures for the special county 1 percent sales and use tax, and inserting in its place a new paragraph (3) to read as follows:
"(3) If the tax is to be imposed in part for road, street, and bridge purposes and in part for other purposes, the ballot shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall a special 1 percent sales and use tax be imposed in ___ County for

the raising of not more than $

for a period of time not to exceed

__-, and for the raising of not more than $ for the purpose of and

for road, street, and bridge purposes and for a period of time not to exceed

___ and for the purpose raising of not more than $ ?' "

Section 5. Said article is further amended by adding at the end of subsection (a) of Code Section 48-8-121, relating to use of proceeds of special purpose county sales and use taxation, a new paragraph (3) to read as follows:

"(3) Where the tax authorized by this article has been imposed prior to the effective date of this paragraph for a period of four years for road, street, and bridge purposes and five years for other purposes, this paragraph shall apply. When this paragraph applies, pro ceeds from any or all years of the five-year imposition period may be used for road, street, and bridge purposes and proceeds from any or all years of the five-year imposition period may be used for the other authorized purposes, so long as the total expenditures of the tax
proceeds are consistent with the total expenditures provided for in the original resolution or ordinance calling for the imposition of the tax."

Section 6. Said article is further amended by striking subsection (g) of Code Section 488-121, relating to use of proceeds of special purpose county sales and use taxation, and inserting in its place a new subsection (g) to read as follows:

"(g) (1) (A) If the proceeds of the tax are specified to be used solely for the purpose of

WEDNESDAY, MARCH 9, 1994

1663

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 paragraph (2) of this subsection.
(B) If the county receives from the tax net proceeds other than from a tax imposed in whole or in part for road, atfcct, 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 he subject to and applied as provided in paragraph (2) of this subsection.
(C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8112 Ey~reason of denial of validation of debt, then all net proceeds received by the county from the tax shall be excess proceeds subject to paragraph (2) of this subsection.
(2) Excess proceeds subject to this subsection 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."
Section 7. Said article is further amended by adding a new subsection at the end of Code Section 48-8-121, relating to use of proceeds of special purpose county sales and use taxation, to be designated subsection (h), to read as follows:
"(h) (1) Notwithstanding any other provision of this article to the contrary, if a county has imposed the tax authorized by this article on or after April 1, 1993, and prior to January 1, 1994, in whole or in part for the purpose of development of a sanitary landfill and such purpose becomes or is discovered to be economically infeasible then the provisions of this subsection shall apply. This subsection shall not apply until and unless the governing au thority of the county adopts an appropriate resolution or ordinance determining that the development of the sanitary landfill has become or is economically infeasible. Upon the adoption of such resolution or ordinance, the tax shall continue to be imposed for the same period of time and for the raising of the same amount of revenue as originally authorized. Upon the adoption of such resolution or ordinance the county may use the previously col lected and future proceeds of the tax (or such portion thereof as was intended for sanitary landfill purposes if the tax was imposed for more than one purpose) for such solid waste collection and disposal purposes as are determined by the county governing authority to constitute the best feasible alternative to the development of the sanitary landfill; provided, however, that such waste collection and disposal purposes shall not include maintenance and operation expenditures.
(2) This subsection shall stand repealed in its entirety on July 1, 1999."
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 6 and 7 of this Act shall apply with re spect to taxes imposed prior to said effective date as well as with respect to taxes imposed on or after said effective date.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour

Baugh Blitch Bowen

Broun of 46th Brown of 26th Burton

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JOURNAL OF THE SENATE

Clay Coleman Crotts
Dean Edge Egan Gillis Glanton Guhl Harbison Hemmer Henson

Hill Hooks Huggins Isakson Kemp Madden Marable McGuire Middleton Oliver Perdue Pollard Ragan of llth

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

Those voting in the negative were Senators:

Boshears Cheeks

Farrow Gochenour

Newbill

Those not voting were Senators:

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

Taylor

On the passage of the bill, the yeas were 47, nays 5. The bill, having received the requisite constitutional majority, was passed by substitute.

SR 584. By Senators Harbison of the 15th, Newbill of the 56th, Henson of the 55th and others:
A resolution urging the State of Georgia to take action to refund certain income taxes collected from federal retirees residing in the State of 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:

Alien Balfour
Baugh Boshears
Bowen Broun of 46th DC/_-,,,,huerteok. ns Coleman Crotts Dean Edge Farrow Gillis Glanton

Gochenour Guhl
Harbison Hemmer
Henson Hm HT,,HTouogkgi sins Jfkson KemP Madden Marable McGuire Middleton Newbill

Oliver Perdue
Pollard Ragan of llth
Ragan of 32nd Ralston rRrR>> aoybu-inson Scott Slotln Taylor Thomas Thompson Turner Tysinger

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1665

Voting in the negative were Senators Day and Egan.

Those not voting were Senators:

Abernathy Blitch Brown of 26th

Langford of 35th (excused) Starr

Langford of 29th

Walker

Parrish

On the adoption of the resolution, the yeas were 46, nays 2. The resolution, having received the requisite constitutional majority, was adopted.

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.
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:

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 Madden Marable McGuire

Those not voting were Senators:

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

Abernathy

Parrish

Cheeks

Perdue

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.

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JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Tysinger of the 41st.

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Brown of 26th Burton Cheeks Coleman Crotts DDaeyan
Edge
Egan Farrow
Gillis Glanton

Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggms Isakson Kemp LMaandgdfeonrd of 29th
Marable
McGuire Middleton
Newbill Oliver

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson gcott 01 . |lotm *Itaayrlror
Thomas
Thompson Turner
Tysinger Walker

Those not voting were Senators:

Abernathy Bowen

Broun of 46th Clay

Langford of 35th (excused) Parrish

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

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.

Senate Sponsor: Senator Huggins of the 53rd.

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

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

Those voting in the affirmative were Senators:

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

Burton Cheeks Coleman Crotts Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Harbison Hemmer

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1667

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

Those not voting were Senators:

Abernathy Blitch Clay

Guhl Langford of 35th (excused) Parrish

Perdue Walker

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
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.
Senate Sponsor: Senator Henson of the 55th.
Senators Henson of the 55th and Egan of the 40th offered the following amendment:
Amend HR 796 by striking in line 10 on page 1 the words and symbol "is to'" and inserting in lieu thereof the following:
"was enacted to 'preserve, protect, and improve air quality and to control emissions to prevent the significant deterioration of air quality and to".
By striking lines 12 and 13 on page 2 and inserting in lieu thereof the following:
"regulation of utilizing market forces to improve environmental protection at a lower cost; and".
By striking line 27 on page 2 and inserting in lieu thereof the following:
"potentially achieving air quality improvements if properly designed and properly im plemented and, without".
By striking lines 2 and 3 on page 4 and inserting in lieu thereof the following:
"nonattainment area;
(2) The General Assembly urges that any emissions banking and trading program not discourage the location of industry in less developed areas of the state outside the nonat tainment area and not unduly increase the health and environmental risks to any particular community;
(3) The General Assembly urges that any emissions banking and trading program be designed to prevent any new liability for the state; and
(4) The General Assembly encourages the".

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By inserting on line 9 on page 4, immediately following the words "inclusion in", the words "or supplement to".
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 adoption of the resolution, was agreed to as amended.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien 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 Henson Hill Hooks Huggins Isakson 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

Those not voting were Senators:

Abernathy Clay Egan

Kemp Langford of 35th (excused) Middleton

Parrish Walker

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
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.
Senate Sponsor: Senator Edge of the 28th.
The Senate Special Judiciary Committee offered the following substitute to HB 326:
A BILL
To be entitled an Act to amend Article 10 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to bad check prosecutions in magistrate courts, so as to pro vide for an optional procedure for the forfeiture of bonds on misdemeanor bad check viola tions as a final disposition; to provide for practices, procedures, and requirements connected therewith; to provide that certain failures to appear at trial may constitute a plea of guilty; to provide for bench warrants; to provide for no contest cash bonds and schedules related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 9, 1994

1669

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 10 of Chapter 10 of Title 15 of the Official Code of Georgia Anno tated, relating to bad check prosecutions in magistrate courts, is amended by adding at the end thereof a new Code Section 15-10-203 to read as follows:
"15-10-203. (a) The chief magistrate of each county may by written order establish a schedule of no contest cash bonds which the accused may post when arrested or accused by warrant or citation pursuant to subsection (d) of Code Section 15-10-202. The schedule of no contest cash bond amounts shall be sufficient to cover court costs, minimum fines as set forth in Code Section 16-9-20, and restitution in the full amount of the dishonored check. At the time of posting a no contest cash bond, the receipt shall contain the following lan guage: 'IF YOU GIVE A NO CONTEST CASH BOND AND FAIL TO APPEAR FOR TRIAL, THIS BOND MAY BE FORFEITED AND, IF SO FORFEITED, SHALL CON STITUTE A MISDEMEANOR GUILTY PLEA AND A WAIVER OF CERTAIN CON STITUTIONAL RIGHTS,' which shall be acknowledged by the person arrested.
(b) A person arrested or accused by warrant or citation pursuant to subsection (d) of Code Section 15-10-202 who does not wish to post a no contest cash bond may post a prop erty bond or standard appearance bond to assure his or her future appearance in court.
(c) If a person who gives a no contest cash bond fails subsequently to appear for trial, such failure shall constitute a guilty plea and the no contest cash bond shall be forfeited, unless the court proceeds under the provisions of subsection (d) of this Code section. It shall not be necessary for the state to take any further action to forfeit the no contest cash bond. Forfeiture of a no contest cash bond shall be considered to constitute imposition and pay ment of a fine and restitution and, if so considered, shall be a bar to a subsequent prosecu tion of the accused for the violation in accordance with Code Section 16-9-20.
(d) If the judge determines at the time of the nonappearance at trial of the defendant in his or her sole discretion that substantial justice will not be accomplished by the forfei ture of the no contest cash bond amount and the disposition of the charges with prejudice, the posting of the no contest cash bond shall not be considered a plea of guilty nor consti tute a bar to a subsequent prosecution of the defendant for the violation, and any moneys posted under the no contest cash bond shall be held in the court's registry pending subse quent prosecution, and the defendant shall be served with a citation for a reasonable future appearance date, and, in default of the defendant's appearance, the court shall issue a bench warrant for the defendant's arrest.
(e) Upon a conviction under a subsequent prosecution, the proceeds of any no contest cash bond shall be applied and distributed toward restitution, fine, and court costs imposed by the court.
(f) If a defendant posts a property bond or standard appearance bond and thereafter fails to appear at the designated time, a bench warrant shall be issued for such person and the bond shall be forfeited as provided by Code Section 17-6-17."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Blitch Boshears

Bowen Broun of 46th Brown of 26th Burton

Cheeks Clay Coleman Crotts

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Day Dean Edge
GHuarmbison Hemmer Hooks Muggins Isakson

Langford of 29th Madden Marable McGuire Middleton NO_.eh.wvebrill Perdue Pollard Ragan of llth Ragan of 32nd

Ralston Ray Robinson Scott Slotin Starr Tay'or Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Baugh Glanton Gochenour

Henson Hill Kemp

Langford of 35th (excused) Parrish 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.

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.
Senate Sponsor: Senator Perdue of the 18th.

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Broun of 46th Brown of 26th
CC1"herte?kns
Coleman Crotts D av Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer HensQn
,,HHuogogkms s
Jfkson KemP Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ray
RS0 coobtitnson
Slotin Starr Taylor Thomas Turner Tysinger Walker

WEDNESDAY, MARCH 9, 1994

1671

Those not voting were Senators:

Abernathy Bowen Hill

Langford of 35th (excused) Parrish

Ralston Thompson

On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsor: Senator Thomas of the 10th.

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 CClhaeyeks Coleman
Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer THHToenoski osn HIsuakgsgoinns Kemp
Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan of 32nd Ralston pj nKQ^ovb,;mTMsoTMn ffloottltn Starr
Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Hill

Langford of 35th (excused) Ragan of llth

Parrish

Walker

On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following bill was taken up to consider House action thereto:

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

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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 House substitute was as follows:
A BILL
To be entitled an Act 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 who serve on regional boards may be appointed to community service boards and when persons on com munity service boards may be appointed to regional boards; to authorize the allocation of certain funds through regional boards; to provide for additional qualifications for persons serving on community service boards; to specify a minimum membership for certain regional boards and community service boards; to provide for the staff of community service boards and for the delegation to and exercise of certain powers and functions by the program direc tor and staff; to provide that certain employees will become employees of community service boards and provide for rights, duties, and benefits of those employees; to change the provi sions relating to the employment and benefit status of certain state employees; to provide for immunity from liability; to change the date for a final report by and abolition of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery; to change the provisions regarding definitions relating to the state merit system; to repeal Chapter 8 of Title 37 of the Official Code of Georgia Annotated, providing a contin uum of treatment rather than criminal prosecution for certain alcoholic persons; to change certain provisions of law providing for the automatic repeal of certain provisions of an Act approved April 27, 1993 (Ga. L. 1993, p. 1445); to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, is amended by striking Code Section 31-3-12.1, relating to board of health contracts with regional boards and community service boards, and inserting in its place the following:
"31-3-12.1. In addition to any other power authorized by law, the county governing au thority may authorize the county board of health to enter into a contract with a regional or community mental health, mental retardation, and substance abuse service board created under Chapter 2 of Title 37 to provide certain mental health, mental retardation, and sub stance abuse services based on the contractual agreement between the parties. Further, a county governing authority may authorize a county board of health, wherever applicable, to serve as the community mental health, mental retardation, and substance abuse service board, provided that the county governing authority, the board of health, and any other affected county governing authority acts pursuant to subsection (e) of Code Section 37-2-6. In the event that the county governing authority exercises the authority granted by this Code section, Chapter 2 of Title 37, or Code Section 37-2-6, the county board of health shall appoint a director for mental health, mental retardation, and substance abuse or a supervi sor of the specific service which is being provided by the county board of health, whichever is applicable, who shall meet the requirements established by the regional mental health, mental retardation, and substance abuse service board. The director for mental health, mental retardation, and substance abuse, or the service supervisor, shall not be required to be a physician and shall be a person other than the director of the county board of health appointed pursuant to Code Section 31-3-11. Further, such director for mental health, mental retardation, and substances abuse or such supervisor of the specific service shall report directly to the community service board or the county board of health, whichever is applicable, and shall have no formal reporting relationship with the director of the county

WEDNESDAY, MARCH 9, 1994

1673

board of health. If a county board of health exercises the authority granted pursuant to this Code section and Chapter 2 of Title 37 to serve as a community service board, the member ship of the county board of health shall constitute the community service board and, at any time that such members are exercising duties and powers related to mental health, mental retardation, and substance abuse, the community service board shall be an independent agency and shall operate in accordance with the provisions of Title 37 as a community ser vice board. Notwithstanding any provisions of law to the contrary, a community service board and a county board of health which have the same membership may contract with each other, provided that any such contract is approved by the appropriate regional board, as defined in Chapter 2 of Title 37, prior to adoption."
Section 2. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, mental retardation, and substance abuse services, is amended by striking subsection (b.2) of Code Section 37-2-5, relating to membership of regional boards, 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. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may 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.",
and by adding at the end of that Code section the following:
"(h) Each regional board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six members, notwith standing the provisions of subsection (b) of this Code section, which members shall in all other respects be appointed as provided in this Code Section."
Section 3. Said chapter is further amended by striking paragraph (1) of subsection (c) of Code Section 37-2-5.1, relating to personnel of regional boards, and inserting in its place the following:
"(1) State, federal, and other funds appropriated to the department, the division, or both, and available for the purpose of funding the planning and delivery of disability ser vices shall be distributed in accordance with this subsection. After July 1, 1995, all funds associated with services to clients residing within a given region shall be allocated through the appropriate regional board; 'all funds' shall include funding for hospitals, community service boards, private and public contracts, and any contracts relating to service delivery for clients within the given region; provided, however, that nothing shall prohibit the alloca tion of funds through any regional board prior to July 1, 1995. The division shall establish a minimum funding amount for regional boards conditioned upon the amount of funds appro priated and a supplemental funding formula to be used for the distribution of available state funds in excess of the minimum funding amount. The minimum funding amount shall be determined, in part, based on consumer service needs, service and program history, popu lation based funding needs, infrastructure mandates, program efficiency and effectiveness, geographic distances, and other factors affecting the cost and level of service needs within each region."
Section 4. Said chapter is further amended by adding after subsection (b) of Code Sec tion 37-2-6, relating to membership of community service boards, a new subsection (b.l) to read as follows:
"(b.l) A county governing authority may appoint the school superintendent, a member of the board of health, a member of the board of education, or any other elected or ap pointed official to serve on the community service board provided that such person meets

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the qualifications of paragraph (4) of subsection (b) of this Code section and such appoint ment does not violate the provisions of Chapter 10 of Title 45. For terms of office which begin July 1, 1994, or later, an employee of the Department of Human Resources or an employee of a county board of health may not serve on a community service board.",
and by adding at the end of that Code section the following:
"(i) Each community service board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six mem bers, not including ex officio members, notwithstanding the provisions of subsection (b) of this Code section, which members in all other respects shall be appointed as provided in this Code section."
Section 5. Said chapter is further amended by striking subsection (a) of Code Section 37-2-6.1, relating to staff of community service boards, and inserting in its place the following:
"(a) Each community service board shall be responsible for employing a program direc tor, and other necessary staff, adopting an annual budget, and securing appropriate facili ties, sites, and professionals necessary for the provision of disability services. The program director of the community service board may appoint such other staff and personnel as that program director and board deem necessary and appropriate. The community service board may delegate any power, authority, duty, or function to its program director or other staff. The program director or other staff is authorized to exercise any power, authority, duty, or function on behalf of the community service board."
Section 6. Said chapter is further amended by striking Code Section 37-2-6.2, relating to employment and benefit status of certain personnel, and inserting in its place the following:
"37-2-6.2. (a) (1) Those employees whose job descriptions, duties, or function as of June 30, 1994, includedThe performance of employment duties or functions which will become employment duties or functions of the personnel of the diviaion of a hospital thereof or of a regional board or a community service board on July 1, 1994, which cmploycca were eligible on June 30 1004, for benefits under the Employees' Retirement System of Georgia and the State Merit System of Personnel Administration, whether in the classified of unclassified service, shall be deemed to be state cmploycca and, if classified, members of the State Merit System of Personnel Administration. Each person thus deemed to be a state employee shall continue to be employed by the entity which is authorised or required on and after July 1, 1004, to perform the duties or functions which were authorized or required to be performed by that employee as of June 30, 1094, whether such entity is the division, a hospital thereof, a regional board, or a community acrvice board, unlcaa auch employee fcaigna, is transferred by-the- department, or ia terminated. Any such transfer or termination shall comply wrth-the applicable rules and procedures of the State Merit System of Personnel Administration. shall become employees of the applicable community service boards on and after July 1, 1994. Such employees shall be subject to the employment practices and policies of the appli cable community service board on and after July 1, 1994. Employees who are subject to the State Merit System of Personnel Administration and who are transferred to a community service board shall retain all existing rights under the State Merit System of Personnel Ad ministration. Retirement rights of such transferred employees existing under the Employ ees' Retirement System of Georgia or other public retirement systems on June 30, 1994, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 1994, without any interruption in membership service and without the loss of any creditable service. For purposes of coverage under the Employees' Retire ment System of Georgia, such employees transferred to the community service boards on July 1, 1994, shall be deemed to be state employees. Accrued annual and sick leave pos sessed by said employees on June 30, 1994, shall be retained by said employees as employees of the community service board. Any person who is granted employment rights and benefits

WEDNESDAY, MARCH 9, 1994

1675

as a member of a community service board pursuant to this subsection and who later be comes employed, without any break in service, by the division, a hospital thereof, another community service board, a county board of health for which such person provides services pursuant to this title, or a regional board shall retain, in that later employment position, all such rights and benefits. Such rights and benefits shall also be retained by any person who is employed on June 30, 1994, by the division, a hospital thereof, a county board of health for which such person provides services pursuant to this title, or a regional board and who later becomes employed, without any break in service, by a community service board.
(2) Classified employees of a community service board under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Merit System of Personnel Administration.
(3) All rights, credits, and funds in the Employees' Retirement System of Georgia which are possessed by personnel transferred by provisions of this Code section to the community service boards, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the community service boards.
(b) Any such As to those persons employed by the division, a hospital thereof, or a regional board on June 30, 1994, any termination from state employment after that date of a any such person who is a member of the classified employee service shall not result from the anticipated or actual employment or utilization by:
(1) The department;
(2) A regional board;
(3) A community service board;
(4) A hospital; or
(5) Any private provider of disability services
of any person who is not an employee of the state or a political subdivision thereof to per form the duties and functions of such terminated state personnel unless such termination and utilization is the result of a reduction in appropriations for such duties or functions or is the result of a reduction in force caused by any other state department or agency which has ceased to contract with the department for the services which had been provided by the terminated state personnel. While so employed to perform thoac duties and functions for a community service board, those employees shall remain employees of the state and shall continue to retain all of the employment benefits provided by the state although the depart ment may delegate the control and supervision of such employees to the community service board to which they arc assigned. Thoac employment benefits ahall include without being limited to; health, dental, disability, and life insurance options, retirement or pension bene fits; federal old age and survivors' insurance; sick, annual, and holiday leave; and coverage under the state merit system. Thia subsection is intended to maintain the status, position, and rights of persons who arc the employees described in this subsection notwithstanding their subsequent performing of duties and functions for a regional board or a community service board.
(b) On and after July 1, 1004, personnel of a community service board, other than those described in subsection (a) of this Code section, ahall not be employees of the state."
Section 7. Said chapter is further amended by striking paragraph (1) of subsection (c) of Code Section 37-2-11.1, relating to actions against regional boards and community service boards, and inserting in its place the following:
"(1) The community service boards shall be public bodies, but shall not be considered agencies of the state, or any specific county or municipality. Such community service boards are public agencies in their own right and shall have the same immunity as provided for counties. No county shall be liable for any action, error, or omission of a community service

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board. Notwithstanding any provisions of law to the contrary, and regardless of any provi sions of law which grant employees of the community service boards benefits under pro grams operated by the state or which deem them to be state employees only for purposes of those benefits, employees of the community service boards shall not be employees of the state but shall be employees of the community service boards and, further, the state shall not be liable for any action, error, or omission of such employees."
Section 8. Said chapter is further amended by striking subsection (c) of Code Section 37-2-34, relating to powers of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery, and inserting in its place the following:
"(c) The commission shall complete its initial plan relating to reorganization of the service delivery system and make a report of its findings and recommendations including proposed legislation, if any, to the Governor and to the Board of Human Resources on or before December 1, 1992. The commission shall work with the Governor and the Board of Human Resources to monitor the implementation of organizational policies and programs it recommended in its initial report. In addition, the commission will consider any further statutory, organizational, budgetary, or operational changes which may be necessary and advisable to improve the state-wide mental health, mental retardation, and substance abuse system. The commission shall submit an annual update of its findings and recommendations to the Governor, the General Assembly, and the Board of Human Resources on December 1, 1993, *d December 1, 1994, and December 1, 1996. The commission shall stand abolished on December 31, W94 1996."
Section 9. Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions regarding the state merit system, is amended by striking paragraph (7) thereof and inserting in its place the following:
"(7) 'Department' and 'agency' are synonymous and mean all separate and distinct divi sions and subdivisions of state government whose heads are legally authorized to appoint employees to positions; but these terms shall not include authorities and public corpora tions. 'Department' and 'agency' shall include an agency assigned to a department for ad ministrative purposes and shall also include local departments of public health, county de partments of family and children services, community service boards, and units of the Department of Defense with local employees.^1
Section 10. Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to providing a continuum of treatment, rather than criminal prosecution, for alcoholic persons, is repealed in its entirety.
Section 11. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by adding immediately following Chapter 7 thereof the following:
"CHAPTER 8
RESERVED".
Section 12. An Act approved April 27, 1993 (Ga. L. 1993, p. 1445), reorganizing the delivery of certain mental health and other services, is amended by striking Section 19.1 thereof and inserting in its place the following:
"Section 19.1. ^^is Except for Sections 11, 12, 13, 14, and 15 of this Act, this Act shall stand repealed on June 30, 1999.
Section 13. 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 511.

WEDNESDAY, MARCH 9, 1994

1677

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 BrB>rroowunn oofcf 4o266ctithuh BChuerteokns
Clay
Coleman Crotts
Day Dean
Edge Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer iHHj-ieilnil son HHouogkgsins
Isakson
Kemp Marable
McGuire Middleton
Newbill Oliver

Perdue Pollard Ragan of llth Ragan of 32nd Ralston j^ nRScovob,sti.tn,=s/own, *,,.lotl.n
tarr
Taylor Thomas
Thompson Turner
Tysinger Walker

Those not voting were Senators:

Abernathy Egan

Langford of 35th (excused) Madden

Langford of 29th

Parrish

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 511.

The following general bill of the House, having been read the third time and final ac tion suspended on March 8, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.

Senate Sponsor: Senator Isakson of the 21st.

The substitute to HB 1308 offered by Senators Isakson of the 21st and Pollard of the 24th on March 8, as it appears in the Journal of March 8, was automatically reconsidered and put upon its adoption.
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 as amended, was agreed to, by substitute.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears Bowen

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

Crotts Day Dean Edge Egan Farrow

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JOURNAL OF THE SENATE

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Huggins Isakson

Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Pollard Ragan of 32nd

Ralston Ray Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Guhl Hooks (excused) Langford of 35th (excused)

Oliver Parrish Perdue Ragan of llth

Robinson (excused) Scott Walker (excused)

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

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.
Senate Sponsor: Senator Slotin of the 39th.

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

Those voting in the affirmative were Senators:

Alien Balfour Baugh Blitch Boshears
Bwen , , Broun of 46th Brown of 26th
Burton CX C-hl'laletyCelk^O s Coleman Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl
Harbison Hemmer Hen8Qn
H;H HTHTluUggi* ns Isakson KemP Langford of 29th Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard
Ragan of llth Ragan of 32nd RaUton
RTM CSl coy1t_ At. Slotin Taylor Thomas Thompson Turner Tysinger

WEDNESDAY, MARCH 9, 1994

1679

Those not voting were Senators:

Abernathy

Parrish

Hooks (excused)

Robinson (excused)

Langford of 35th (excused)

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. The following bill was taken up to consider House action thereto:

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 House amendment was as follows:
Amend the Senate substitute to HB 71 by striking line 18 on page 1 and inserting in lieu there of the following:
"(1) Mailing by the probate court of a copy of the document to be served to the minor or incapacitated adult by certified mail; and
(2) Serving the legal guardian or guardian ad".
By striking line 25 of page 1 and lines 1 through 3 of page 2 and inserting in lieu thereof the following:
"the minor or incapacitated adult."
Senator Egan of the 40th moved that the Senate agree to the House amendment to the Senate substitute.
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
owen , L Broun of 46th Brown of 26th BChuerteokns Clay Coleman Crotts Day Dean Edge

Egan Farrow Gillis Glanton Gochenour
Guhl Hemmer Henson ,,".l.U. . Huggins Isakson Kemp Langford of 29th Marable McGuire

Middleton Oliver Perdue Pollard Ragan of llth
Ragan of 32nd Ralgton Scott 0f1lotl.n Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Harbison
Hooks (excused) Langford of 35th (excused)

Madden Newbill
Parrish

Ray Robinson (excused)
Walker (excused)

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JOURNAL OF THE SENATE

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 71.
The following resolution was taken up to consider House action thereto:

SR 203. By Senators Hill of the 4th, Perdue of the 18th, Taylor of the 12th and others:
A resolution proposing an amendment to the Constitution so as to authorize counties and municipal corporations to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property lo cated in such county or municipal corporation with other counties or municipal corporations with which the assessing county or municipal corporation has con tracted; to provide for the submission of this amendment for ratification or rejection.

The House substitute was as follows:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize counties and municipal ities to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property located in such county or municipalities with other contigu ous counties or municipal corporations with which the assessing county or municipality has contracted for the purpose of development of regional facilities by such counties or munici palities; to provide for a definition; to provide for the allocation of certain other revenues; to provide for the initiation of facilities; to provide for required contract provisions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV of the Constitution is amended by adding a new Para graph IV to read as follows:
"Paragraph IV. Tax allocation; regional facilities. As used in this Paragraph, the term 'regional facilities' means industrial parks, business parks, conference centers, convention centers, airports, athletic facilities, recreation facilities, or other similar or related economic development parks, centers, or facilities or any combination thereof. Notwithstanding any other provision of this Constitution, a county or municipality is authorized to enter into contracts with other contiguous counties, municipalities located in contiguous counties, or combinations thereof for the purpose of allocating the proceeds of ad valorem taxes assessed and collected on real property located in such county or municipality with other contiguous counties or municipalities located in contiguous counties with which the assessing county or municipality has entered into agreements for the development of one or more regional facili ties and allocating other revenues generated from such regional facilities. The allocation of such tax proceeds and other revenues shall be determined by contract between the affected local governments. Such contract shall provide for the manner of development, operation, and management of the regional facility and the sharing of expenses among the contracting counties or municipalities and shall specify the percentage of ad valorem taxes and other revenues to be allocated and the method of allocation to each contracting county or municipality."
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 counties and cities to contract with neighboring counties and cities concerning regional facilities and the sharing of support of and benefits from such regional facilities?"

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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 Hill of the 4th moved that the Senate disagree to the House substitute to SR 203.
On the motion, the yeas were 41, nays 0; the motion prevailed and the Senate disagreed to the House substitute to SR 203.
The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend SB 432 as follows:
1.
By adding in line 18 of page 1 after the symbol ";", the following words and symbols:
"to provide for variances in hazardous waste management;"
2.
By adding after line 6 on page 2 a new Section 2 to read as follows:
"Section 2. Said article is further amended by striking subsection (b) of Code section 12-8-69, relating to variances in hazardous waste management, in its entirety and inserting in lieu thereof the following:
"(b) Variances shaH may be granted for such periods of time and under such provisions and conditions as shall be specified by the director. A variance shall not be granted for a period of time greater than one year, and it shall not be renewable unless new circumstances can be shown which preclude full compliance within the one year period. A variance may not be renewed if it would result in an undue risk to the environment or the health of humana. A renewal of a variance shall be effective for a period of up to one year. Under no conditions shall an original variance plus renewals ever exceed a total period of two years."
3.
By renumbering Sections 2 through 6 as Sections 3 through 7.
Senator Edge of the 28th moved that the Senate agree to the House amendment to SB 432.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baugh Blitch Boshears

Bowen Broun of 46th Brown of 26th Burton

Cheeks Clay Coleman Crotts

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Day Dean Edge Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Hill

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

Ragan of llth Ragan of 32nd Ralston Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Balfour Egan
Henson

Hooks (excused) Langford of 35th (excused) Parrish
Perdue

Ray Robinson (excused) Walker (excused)

On the motion, the yeas were 45, nays 0; the motion prevailed and the Senate agreed to the House amendment to SB 432.
The following bill was taken up to consider House action thereto:

SB 317. By Senators Newbill of the 56th and Starr of the 44th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide for regulation of limousine carriers by the Public Service Commission; to provide definitions; to require each limousine carrier to obtain a permit from the commission; to provide for issuance of a per mit; to provide that permits are nontransferable; to provide for grounds for revo cation or suspension of a permit.

Senator Newbill of the 56th moved that the Senate recede from its amendment to the House substitute.

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

Those voting in the affirmative were Senators:

Alien Baugh Blitch Boshears Bowen
Broun of 46th Burton Clay Coleman Crotts

Dean Edge Farrow Gillis Glanton
Gochenour Guhl Hemmer Huggins Langford of 29th

Those voting in the negative were Senators:

Abernathy Brown of 26th
Cheeks Egan Harbison Henson

Hill Isakson
Kemp Middleton Oliver Ragan of llth

Madden Marable McGuire Newbill Perdue Pollard Ragan of 32nd Ralston Thompson Tysinger
Scott Slotin Starr
Tavlor Thomas

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Those not voting were Senators:

Balfour Day Hooks (excused)

Langford of 35th (excused) Parrish Ray

Robinson (excused) Turner Walker (excused)

On the motion, the yeas were 30, nays 17; the motion prevailed and the Senate receded from its amendment to the House substitute to SB 317.
Senator Slotin of the 39th gave notice that at the proper time he would move that the Senate reconsider its action in receding from the Senate amendment to the House substi tute to SB 317.
The President set the time to entertain the motion for 4:40 p.m. today.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:

HB 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.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL
To be entitled an Act 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 prominently setting forth in bold type the time period during which a guest may occupy an assigned room, when separately signed or initialed by the guest, shall be a valid and enforceable nonassignable contract; to provide that upon the expiration of such time period, the guest may be restrained from entering the assigned room; to provide that the property of such a guest may be removed by the innkeeper to a secure place where the guest may recover his or her property without liability to the inn keeper, except for damages or losses to such property attributable to its removal; to provide that if a guest vacates his or her room prior to the date contained in the written statement, that guest shall not be liable for charges for the time after the room is vacated unless the guest has agreed otherwise before occupying the room; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeepers, is amended by adding, following Code Section 43-21-3.1, a new Code Section 43-21-3.2 to read as follows:
"43-21-3.2. A written statement prominently setting forth in bold type the time period during which a guest may occupy an assigned room, when separately signed or initialed by

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the guest, is a valid nonassignable contract. At the expiration of such time period, the guest may be restrained from entering such room and any property of the guest may be removed by the innkeeper to a secure place where the guest may recover his or her property without liability to the innkeeper, except for damages to or loss of such property attributable to its removal. If a guest vacates his or her room prior to the date contained in the written state ment, that guest shall not be liable for charges for the time after the room is vacated unless the guest has agreed otherwise before occupying the room."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Scott of the 36th moved that the Senate agree to the House substitute to SB 536.
On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour 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 Huggins Isakson Kemp Langford of 29th Madden Marable McGuire

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

Those not voting were Senators:

Day Egan Hooks (excused)

Langford of 35th (excused) Parrish Ray

Robinson (excused) Walker (excused)

On the motion, the yeas were 48, nays 0; the motion prevailed and the Senate agreed to the House substitute to SB 536.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 627. By Senators Ray of the 19th, Walker of the 22nd, Robinson of the 16th, Isakson of the 21st and Edge of the 28th: 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

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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 following bill of the House having been read the third time, passed and reconsid ered earlier today was put upon its passage:

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.
Senate Sponsor: Senator Crotts of the 17th.
Senators Farrow of the 54th and Ralston of the 51st offered the following amendment:
Amend HB 1376 by deleting the words "but not" on Page 1, Line 20.
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Huggins Isakson Kemp Langford of 29th Madden

Those not voting were Senators:

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

Abernathy Day Hooks (excused) Langford of 35th (excused)

Parrish Perdue Ray Robinson (excused)

Scott Slotin 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.

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The time having arrived to entertain the reconsideration motion, Senator Slotin of the 39th moved that the Senate reconsider its action previously today in receding from its 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.
On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Bowen Brown of 26th
Gfn Harbison Henson

Hill Kemp oliyer
Perdue Ragan of llth Robinson

Scott Slotin Starr
Taylor Thomas Thompson

Those voting in the negative were Senators:

Alien Balfour Baugh Boshears BBruorutonnof 46th
Cheeks
Clay
Coleman
Crotts

Dean Edge Farrow Glanton GGouchhl enour
Hemmer
Huggins
Isakson
Langford of 29th

Madden Marable McGuire Middleton NXTew,b.i,l,l
Pollard
Ra8an of 32nd
Ralston
Tysinger

Those not voting were Senators:

Blitch Day Hooks (excused)

Langford of 35th (excused) Turner

Parrish

Walker (excused)

Ray

On the motion, the yeas were 19, nays 29; the motion was lost and the Senate did not reconsider its action in receding from the Senate amendment to the House substitute to SB 317.
The following bill was taken up to consider House action thereto:

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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1687

The House substitute was as follows:
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 remove provisions authorizing straight party voting other than straight party voting for presidential electors; to require voting for indi vidual candidates other than presidential electors; 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 other mat ters 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 45 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 45 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 paragraph (1) of subsection (b) of Code Section 21-2-285, relating to the form of official election ballots, and inserting in lieu thereof a new paragraph to read as follows:
"(1) To vote a straight party ticket, with the exception of candidates for offices of prcai dential electors, mark a cross (X) o? check (7 ) mark in the square in the party column, opposite the name of the party of your choice. To vote for presidential electors, mark a cross (X) or check (V) mark in the square opposite the names of the candidates of the party or body for the offices of President and Vice President you choose to vote for. If you do not dcairc to vote a party ticket, then place Place a cross (X) or check () mark in the square opposite the name of each candidate you choose to vote for. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil."
Section 3. Said title is further amended by striking 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 () 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

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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 4. Said title is further amended by striking paragraph (2) of Code Section 21-2322, relating to general requirements as to voting machines, and inserting in lieu thereof a new paragraph to read as follows:
"(2) It shall permit each elector, at other than primaries, to vote a straight party of body ticket, with the exception of candidates for the offices of presidential electors, in one operation; in one operation, to vote for all the candidates of one party or body for presiden tial electors; and, in one operation, to vote for all the candidates of one party or body for every office to be voted for except thoac offices aa to which he votca for individual candi dates and the offices of presidential electors!".
Section 5. Said title is further amended by striking subsection (g) of Code Section 21-2325, relating to the form of ballot labels generally, and inserting in lieu thereof a new sub section to read as follows:
"(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column, to the left of top of which shall be a straight party or body lever by means of which an clcctoi1 may, in one operation, vote for all the candidates of that party or body for every office to be voted for, with the exception of candidates for the offices of presidential electors. The names of candi dates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occu pied by the names of the candidates of political parties and bodies shall be arranged accord ing to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting ma chines are used on which the titles of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines. The names of all candidates for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall appear on a separate portion of the voting machine in the form and arrangement prescribed in Code Section 21-2-285.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' "
Section 6. Said title is further amended by striking paragraph (2) of Code Section 21-2350, relating to general requirements as to vote recorders, and inserting in lieu thereof a new paragraph to read as follows:
"(2) It shall permit each elector, at other than primaries, to vote a straight party-ef body ticket, with the exception of candidates for the offices of presidential electors, in one operation per ballot card; and in one operation per ballot card, to vote for all the candidates of one party or body for presidential electors; or, in one operation per ballot card, to vote for H-the candidates of one party or body for every office to be voted for except those offieea-aa to which he votes for individual candidates and the offices of presidential electoral".

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Section 7. Said title is further amended by striking Code Section 21-2-416, which reads as follows:
"21-2-416. Notwithstanding any other provisions of this chapter to the contrary, an elector voting by paper ballots or by vote recorder may cast his vote in elections in any one of the following ways and his vote shall be counted as provided in this Code section:
(1) He may vote for each candidate individually as provided in this chapter;
(2) He may vote a straight political party or body ticket as provided in this chapter; or
(3) He may vote a 'modified straight party ticket' by casting in combination a straight party vote, in the manner provided in paragraph (2) of this Code section, and a vote or votes for individual candidates, in the manner provided in paragraph (1) of this Code section, which shall constitute a valid vote for every candidate of the political party or body desig nated, except candidates for the offices of presidential electors and those offices as to which he has indicated a choice for individuals other than the straight party nominees, which choice shall be valid only as votes for such individuals so designated.",
and inserting in lieu thereof the following:
"21-2-416. Reserved."
Section 8. Said title is further amended by striking subsection (b) of Code Section 21-2438, relating to ballots identifying voter, not marked, or improperly marked declared void, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) At elections, any ballot marked by any other mark than a cross (X) or check ( ) mark in the spaces provided for that purpose shall be void and not counted; provided, how ever, that no vote recorded thereon shall be declared void because a cross (X) or check ( ) mark thereon is irregular in form. A cfoaa (X) or check (--) mark in the aquarc opposite the name of a political party or body in the party or body column shall be counted as a vote for every candidate of that party or body so marked, with the exception of candidates for the offices of presidential electors. A cross (X) or check ( ) mark in the square opposite the names of the nominees of a political party or body for the offices of President and Vice President shall be counted as a vote for every candidate of that party or body for the offices of presidential electors. Any erasure, mutilation, or defective marking of the straight party or body column at general elections shall render the entire ballot void, unless the elector has properly indicated his choice for candidates in any other column, in which case the vote or votes for such candidates only shall be counted. Any ballot indicating a write-in for any person whose name is not printed on the ballot and who properly gave notice of intent to run as a write-in candidate pursuant to Code Section 21-2-133 shall be counted as a vote for such persons, if written in the proper space or spaces provided for that purpose, whether or not a cross (X) or check ( ) mark is placed before the name of such person."
Section 9. Said title is further amended by striking subsection (c) of Code Section 21-2452, relating to admission of electors to enclosed space, voting procedure generally, proce dure as to write-in votes, voting by electors whose right to vote is challenged, and paper ballots for handicapped voters, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) At primaries or elections, h an elector shall vote for each candidate individually by operating the key, handle, pointer, or knob upon or adjacent to which the name of such candidate is placed. At elections, he may vote for each candidate individually by operating the key, handle, pointer, or knob upon 01 adjacent to which the names of candidates of hia choice arc placed or he may vote a atraight political party or body ticket (with the exception of candidates for- the offices of prcaidcntial electors) in one operation by operating the atraight political party or body lever of the political party or body of his choice. He may aloo, after having operated the straight party or body lever and before recording his vote, cancel the vote for any candidate of such political party or body by replacing the individual key, handle, pointer, or knob of such candidate and may thereupon vote for a candidate of another party of body for the same office by operating the key, handle, pointer, or knob

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upon or adjacent to which the name of such candidate appears. In the case of a question submitted to the vote of the electors, the elector shall operate the key, handle, pointer, or knob corresponding to the answer which he or she desires to give."
Section 10. Said title is further amended by striking subsection (a) of Code Section 212-498, relating to the Constitutional Officers Election Board, and inserting in its place a new subsection to read as follows:
"(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 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 11. 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 electors, no slate of candidates of any political party or body shall be required to receive a majority of the votca cast; but that slate of candidates of a political party or body shall be elected to such office which receives the highest number of votes cast. 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 ftn>-eff 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, Commiaaioncr of Insurance, Com misaioncf of Agriculture, or Commissioner of Labor receives a majority of the whole number

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of votca coot in the general election, the Constitutional Officers Election Board shall con tinue the election for the office in which no candidate received a majority by immediately calling a fun off election and designating as candidates therein the candidates who received the two highest numbers of votca for the particular office concerned and who continue in life and have not declined to continue as a candidate. Thia run off election shall be held on the third Tucaday immediately following the general election. The run off election shall be a continuation of the general election for the particular office concerned, and only the electors who were entitled to vote in the general election for candidates for that particular office shall be entitled to vote therein; and only thoac votca caat for the persona designated by the Constitutional Officers Election Board as candidates in such run off election shall be counted in the tabulation and canvass of the votea cast. The provisions of Code Section 21 2-498 relating to the convening of the Constitutional Officers Election Board, transmission of the returns in the general election, and the opening of the returns, their tabulation, can vaaatttg, and publication shall apply to the run off elections provided for by this subsection. On the Tucaday next following the run off election, the Constitutional Officers Election Board shall convene, open, canvass, tabulate, and publiah 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."
Section 12. Said title is further amended by striking subsections (a) and (b) of Code Section 21-2-502, relating to certification of election, and inserting in their place new sub sections to read as follows:
"(a) The petsn persons receiving a majority the required number of th votes fer 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

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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.

(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 fef 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 fee the Secretary of State shall present the returns of such election to the proper house as soori~as received and tabulated by turn 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 13. Said title is further amended by striking subsection (b) of Code Section 213-187, relating to the form of an official election ballot and procedure in the event candi dates are unopposed, and inserting in lieu thereof a new subsection to read as follows:

"(b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, insofar as the same may be ap propriate for the election involved:

'To vote a atfaight party ticket, mark a cross (X) or cheek ( ) mark in the square in the party column opposite the name of the party of your choice. If you do not desire to vote a party ticket, then place Place a cross (X) or check ( ) mark in the square opposite the name of each candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.'

The names of persons inserted on the ballot by the elector shall be manually written only within the write-in column; and the insertion of such name outside such column or by the use of a sticker, paster, stamp, or other printed or written matter is prohibited."

Section 14. Said title is further amended by striking subsection (g) of Code Section 213-225, relating to the form of ballot labels, and inserting in lieu thereof a new subsection to read as follows:

"(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column, to the left of top of which shall be a straight party or body lever by means of which an elector may, in one operation, vote for all the candidates of that party or body for every office to bo voted for. The names of such candidates and independent candidates shall be arranged under or oppo site the title of the office for which they are candidates and shall appear in the order pre scribed by subsection (c) of Code Section 21-3-187. The rows or columns occupied by the candidates of political parties and bodies shall be arranged according to the priority pre scribed by subsection (c) of Code Section 21-3-187."

Section 15. Said title is further amended by striking Code Section 21-3-325, which reads as follows:

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"21-3-325. Notwithstanding any other provisions of this chapter to the contrary, an elector voting by paper ballots or by vote recorder may cast his vote in elections in any one of the following ways, and his vote shall be counted as provided in this Code section:
(1) He may vote for each candidate individually, as provided in this chapter;
(2) He may vote a straight political party or body ticket, as provided in this chapter; or
(3) He may vote a 'modified straight party ticket' by casting in combination a straight party vote, in the manner provided in paragraph (2) of this Code section, and a vote or votes for individual candidates, in the manner provided in paragraph (1) of this Code section, which shall constitute a valid vote for every candidate of the political party or body desig nated, except those offices as to which he has indicated a choice for individuals other than the straight party nominees, which choice shall be valid only as votes for such individuals so designated.",
and inserting in lieu thereof the following:
"21-3-325. Reserved."
Section 16. Said title is further amended by striking subsection (d) of Code Section 213-346, relating to procedure as to count and return of votes generally; marks, mutilations, and defects rendering ballots void; disposition of unmarked, improperly marked, and defec tively marked ballots; placement of crosses or checks for straight party or write-in votes; and certification of vote and preparation of returns by poll officers, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) At elections, a erosa (X) or check ( ) mark in the square oppoaitc the name of a political party or body in the party or body column shall be counted as a vote for every candidate of that party or body 90 marked. Any erasure, mutilation, or defective marking of the straight party of body column at general elections shall render the entire ballot void, unless the elector hao properly indicated hia choice for candidates in any other column, in which case the vote or votes for such candidates only shall be counted. At elections, a ballot indicating a write-in vote for any person whose name is not printed on the ballot and who properly gave notice of intent to run as a write-in candidate pursuant to Code Section 21-3105 shall be counted as a vote for such person, if written in the proper space or spaces provided for that purpose, whether or not a cross (X) or check ( ) mark is placed before the name of such person."
Section 17. Said title is further amended by striking subsection (d) of Code Section 213-362, relating to admission of electors to enclosed space, voting by electors whose right to vote is challenged, voting procedure generally, and procedure as to write-in votes, and in serting in lieu thereof a new subsection (d) to read as follows:
"(d) At primaries; or elections an elector shall vote for each candidate individually by operating the key, handle, pointer, or knob upon or adjacent to which the names of candi dates of his or her choice are placed. At election, he may vote for each candidate individu ally by opcrdtmilhc key, handle, pointer, or knob upon or adjacent to which the names of candidates of hia choice arc placed; or he may vote a straight political party or body ticket in one operation by operating the straight political party or body lever of the political party o? body of his choice. He may also, after having operated the atraight party or body lever and before recording hia vote, cancel the vote for any candidate of auch political party or body by replacing the individual key, handle, pointer, or knob of 9uch candidate and may vote for a candidate of another party or body for the same office by operating the key, handle, pointer, or knob upon or adjacent to which the name of such candidate appears. In the case of a question submitted to the vote of the electors, the elector shall operate the key, handle, pointer, or knob corresponding to the answer which he or she desires to give."
Section 18. This Act shall become effective July 1, 1994, and shall apply to elections conducted on or after that date.
Section 19. All laws and parts of laws in conflict with this Act are repealed.

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Senator Robinson of the 16th moved that the Senate agree to the House substitute to SB 680.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Baugh Blitch Bowen Broun of 46th Cheeks Coleman Dean Farrow Gillis Harbison

Hemmer Henson Hill Huggins Kemp Langford of 29th Madden Marable Middleton Oliver

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

Those voting in the negative were Senators:

Alien Balfour Boshears Burton Clay Crotts

Edge Egan Glanton Gochenour Guhl Isakson

McGuire Newbill Ragan of 32nd Ralston Tysinger

Those not voting were Senators:

Brown of 26th Day Hooks (excused)

Langford of 35th (excused) Parrish Ray

Turner Walker (excused)

On the motion, the yeas were 31, nays 17; the motion prevailed and the Senate agreed to the House substitute to SB 680.
The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for fingerprint ing and criminal record checks of persons to be employed as teachers, principals, or other certificated professional personnel prior to issuance of the contract of first employment; to

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provide for temporary or provisional contracts while awaiting results of such checks; to pro vide 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 submis sion of this Act to the Federal Bureau of Investigation and the Justice Department; to pro vide for restrictions on the use of such record checks; to provide that all textbooks, library books, and media materials purchased with state funds shall remain the property of each local unit of administration purchasing them and to require each local unit of administra tion to establish policies for the proper care and protection of such items and provide sanc tions against a pupil who fails or refuses to pay for such items which are lost or damaged as a condition to receiving all or part of the state contributed Quality Basic Education Pro gram funds allotted to the local unit; 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 number of such board members who are required to vote to take certain actions and provide for rescissions of certain actions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding at the end of Code Section 20-2211, relating to annual contracts of teachers, principals, and other certificated professional personnel, 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 July 1, 1994, as a teacher, principal, or other certificated profes sional personnel shall be fingerprinted and have a criminal record check made as required 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. Said chapter is further amended by striking Code Section 20-2-1013, relating to textbooks," and inserting in lieu thereof a new Code Section 20-2-1013 to read as follows:
"20-2-1013. (a) The State Board of Education is authorized and directed to inaugurate and administer a~system of free textbooks for the public schools of this state. The state

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board shall have authority to promulgate and enforce such rules and regulations as may be necessary for that purpose.

(b) All textbooks, library books, and media materials purchased by local units of admin istration with state Quality Basic Education Program funds or any other means of acquisi tion shall remain the property of the local unit purchasing or acquiring them. Each local unit of administration shall establish such policies as it deems necessary for the care and protection of its textbooks, library books, and media materials as a condition to receiving all or part of the state contributed tjuality Basic Education Program funds allotted to the local unit. Such policies may include any of the following sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook, library book, or media material at the re placement cost:

(1) Refusal to issue any additional textbooks, library books, or media materials until restitution is made; or

(2) Withholding of all grade cards, diplomas, or certificates of progress until restitution is made.

No local unit of administration shall require any pupil or parent to purchase any textbook, library book, or media material except in cases where the pupil damages, loses, or defaces such item either through willful intent or neglect."

Section 2.5. Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to the organization of local boards of education, is amended by striking subsection (a) and inserting in its place the following:

"(a) Unless otherwise provided by local law or, in the absence of local law, by local board policy, upon being called together by one of their number, the members of the local board shall organize by selecting one of their number as chairperson to serve as such during the term for which that person was chosen as a member of the local board. The local school superintendent shall act as secretary of the local board, ex officio. A majority of the local board shall constitute a quorum for the transaction of business. The votes of a majority of the members present shall be necessary for the transaction of any business or discharge of any duties of the local board of education, provided there is a quorum present. Any action taken by less than a majority of the board members may be rescinded by a majority of the board members at the next regular meeting or within 30 days of such action, whichever is later. It shall be the duty of the superintendent or thetf the board's nominee as secretary to be present at the meetings of the local board, to keep the minutes of its meetings and make a permanent record of them, and to do any other clerical work it may direct the superinten dent to do. The superintendent or their the board's nominee shall record in a book, to be provided for the purpose, all official proceedings of the local board, which shall be a public record open to the inspection of any person interested therein; and all such proceedings, when so recorded, shall be signed by the chairperson and countersigned by the secretary."

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

Senator Cheeks of the 23rd moved that the Senate agree to the House substitute to SB 526.

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

Abernathy Alien Balfour Baugh Btoch Bshears
En of 46th
BBruorwtonn of 26th Cheeks Coleman Crotts Dean Edge Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer
7"
^Huggm. s Isakson Kemp Langford of 29th Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan of llth
Ragan of 32nd
^ Scotiton Slotin Starr Taylor Thomas Thompson Tysinger

Those not voting were Senators:

Clay Day Egan Hooks (excused)

Langford of 35th (excused) Robinson

Parrish

Turner

Ray

Walker (excused)

On the motion, the yeas were 46, nays 0; the motion prevailed and the Senate agreed to the House substitute to SB 526.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

SB 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 House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:

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.

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The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
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 House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
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.
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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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.
The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 441. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Robinson of the 16th, Ray of the 19th 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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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 acts of the authority; to provide for related matters; to provide an effective date.
The House has disagreed to the Senate amendments to 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.
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 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.
The House has disagreed to the Senate substitute to the following bill of the House:
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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.

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The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 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 Speaker has appointed on the part of the House, Representatives Johnson of the 153rd, Royal of the 164th and Skipper of the 137th.
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 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.
The Speaker has appointed on the part of the House, Representatives Twiggs of the 8th, Snow of the 2nd and Harris of the 112th.
The House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 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 Speaker has appointed on the part of the House, Representatives Godbee of the 145th, Smith of the 175th and Hart of the 116th.
The House insists on its position in amending the following bill of the Senate:
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.

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1701

The House insists on its position in substituting the following resolution of the Senate:
SR 203. By Senators Hill of the 4th, Perdue of the 18th, Taylor of the 12th, Ragan of the llth and Gillis of the 20th:
A resolution proposing an amendment to the Constitution so as to authorize counties and municipal corporations to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property lo cated in such county or municipal corporation with other counties or municipal corporations with which the assessing county or municipal corporation has con tracted; to provide for the submission of this amendment for ratification or rejection.
The House has disagreed to the Senate amendments to the following bills of the House:
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.
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 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.
The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:
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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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,

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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 House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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.
The House has agreed to the Senate amendment, to the House substitute, to the follow ing bill of the Senate:
SB 440. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Oliver of the 42nd, Robinson of the 16th 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 House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
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.
Senator Robinson of the 16th moved that the Senate stand in recess until 8:00 P.M. and at that time adjourn pursuant to SR 600 until 9:15 A.M. Monday, March 14, 1994; the President announced the motion prevailed at 4:55 P.M.

MONDAY, MARCH 14, 1994

1703

Senate Chamber, Atlanta, Georgia Monday, March 14, 1994
Thirty-ninth Legislative Day

The Senate met pursuant to adjournment at 9:15 A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of Wednesday, March 9, 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 Senate:
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.
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.
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.
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.

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

MONDAY, MARCH 14, 1994

1705

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

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by 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.
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 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 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 1177. By Representatives Johnson of the 84th, Harris of the 112th, Street 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.
The House has adopted the report of the Committee of Conference on 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 resolutions of the Senate were introduced, read the first time and re ferred to committees:
SR 626. By Senator Thomas of the 10th:
A resolution urging the United States Congress and the State of Georgia to re quire full disclosure in all health insurance plans and managed care plans.
Referred to Committee on Health and Human Services.

MONDAY, MARCH 14, 1994

1707

SR 627. By Senators Hill of the 4th, Gillis of the 20th, Bowen of the 13th and Coleman of the 1st:
A resolution creating the Senate Study Committee on Effective State Vehicle Acquisition and Utilization.
Referred to Committee on Rules.

SR 628. By Senators Abernathy of the 38th, Scott of the 36th and Slotin of the 39th:
A resolution commending Honorable James E. "Billy" McKinney and designat ing a bridge in his honor. Referred to Committee on Transportation.

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

Mr. President:

The Committee on Rules has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 614. 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 1911. Do pass.

HB 2037. Do pass.

HB 2029. Do pass.

HB 2038. Do pass as amended.

HB 2030. Do pass.

HB 2039. Do pass.

HB 2032. Do pass.

HB 2042. Do pass as amended.

HB 2033. Do pass.

HB 2043. Do pass.

HB 2034. Do pass.

HB 2044. Do pass.

HB 2035. Do pass.

HB 2045. Do pass.

HB 2036. Do pass.

HB 2046. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

Mr. President:

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

HB 1633. HB 1660. HB 1807. HB 1816.

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

HB 1952. HB 1963. HB 1964. HB 1986.

Do pass by substitute. Do pass as amended. Do pass. Do pass.

HB 1847. Do pass as amended.

HB 2012. Do pass.

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HB 2013. HB 2023. HB 2024.

Do pass.

HB 2025. Do pass.

Do pass.

HB 2026. Do pass.

Do pass as amended.

HB 2027. Do pass.

Respectfully submitted,

Senator Thompson of the 33rd District, Chairman

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

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

Glanton Guhl Harbison Hemmer Henson Hooks Huggms Madden Marable McGuire Middleton
Newbill
Oliver
Parrish
Perdue

Those not answering were Senators:

Abernathy Alien Blitch Clay (excused)

Gillis Gochenour Hill (excused) Isakson

Pollard Ragan of llth Ragan of 32nd Ralston j^ay Robinson Slotm ,, , i*ylor Thomas Thompson Turner Tysinger Walker
Kemp Langford of 35th (excused) Langford of 29th Scott (excused)

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Balfour of the 9th introduced the chaplain of the day, Reverend James Mooneyhan, pastor of the Snellville United Methodist Church, Snellville, Georgia, who of fered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 619. By Senator Baugh of the 25th: A resolution commending Benny C. Daniel.
SR 620. By Senator Langford of the 29th: A resolution commending Mr. Jack P. Buchanan, Sr., and wishing him well in his retirement.

MONDAY, MARCH 14, 1994

1709

SR 621. By Senator Dean of the 31st: A resolution commending Mr. B. J. Smith.

SR 622. By Senator Broun of the 46th: A resolution commending Georgia Save Outdoor Sculpture.

SR 623. By Senator Broun of the 46th:
A resolution recognizing the White House Conference on Tourism in 1995, the World Travel and Tourism Council, the Georgia Hospitality and Travel Associa tion, the Atlanta Regional Commission, and the International Cultural Center Coalition.

SR 624. By Senators Thompson of the 33rd, Ragan of the 32nd, Turner of the 8th and others:
A resolution recognizing Conrad J. Sechler.

SR 625. By Senators Ray of the 19th, Gillis of the 20th, Marable of the 52nd and others: A resolution commending the Georgia School Food Service Association.

SR 629. By Senator Abernathy of the 38th: A resolution honoring Dr. William G. Anderson.

SR 630. By Senator Gochenour of the 27th: A resolution commending Jeff Malone.

SR 631. By Senators Gochenour of the 27th and Brown of the 26th:
A resolution commending the Gilead Christian Academy Varsity Basketball Team on winning the 1994 State GCAA State Basketball Championship.

SR 632. By Senator Broun of the 46th:
A resolution recognizing the Clarke Central High School boys basketball team and Coach Billy Wade.

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

SENATE LOCAL CONSENT CALENDAR
Monday, March 14, 1994 THIRTY-NINTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

*HB 1633

Pollard, 24th McDUFFIE COUNTY
Amends 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. (SUBSTITUTE)

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HB 1660 HB 1807 HB 1816 *HB 1847
HB 1911 *HB 1952 *HB 1963

Madden, 47th MADISON COUNTY
Amends 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 pro grams for the provision of certain facilities and of day care, senior citizens, mental health, emergency, and other services.
Harbison, 15th Robinson, 16th COLUMBUS
Amends an Act providing for a new charter for the county-wide government of Columbus, so as to provide for the nonpartisan election of the mayor and council members.
Hooks, 14th TAYLOR COUNTY
Creates and establishes 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 shall include related building equipment, and the usual and convenient facili ties appertaining to such undertaking.
Thomas, 10th Langford, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Oliver, 42nd Henson, 55th CITY OF ATLANTA
Amends an Act providing for urban enterprise zones in the City of Atlanta and known as the "Atlanta Urban Enterprise Zone Act," so as to provide for mixed-use commercial and industrial purposes zones and mixed-use residen tial and commercial purposes zones. (AMENDMENT)
Newbill, 56th CITY OF ALPHARETTA
Increases the homestead exemption from City of Alpharetta ad valorem taxes for certain residents thereof who are 65 years of age or over and for other residents thereof who are 70 years of age or over.
Pollard, 24th McDUFFIE COUNTY
Amends 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. (SUBSTITUTE)
Guhl, 45th WALTON COUNTY
Amends 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. (AMENDMENT)

MONDAY, MARCH 14, 1994

1711

HB 1964
HB 1986
HB 2012 HB 2013 HB 2023 *HB 2024 HB 2025 HB 2026

Perdue, 18th Brown, 26th Gochenour, 27th BIBB COUNTY
Changes 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.
Thomas, 10th Langford, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Oliver, 42nd Henson, 55th CITY OF ATLANTA
Reincorporates the City of Atlanta in the Counties of Fulton and DeKalb, so as to regulate the receipt and investigation of complaints of information from municipal employees concerning fraud, waste, and abuse in or relating to any municipal programs or operations.
Gillis, 20th CITY OF VIDALIA
Provides a new charter for the City of Vidalia in Toombs County.
Guhl, 45th WALTON COUNTY
Creates the Walton County Commission on Children and Youth.
Middleton, 50th RABUN COUNTY
Amends an Act creating the Board of Commissioners of Rabun County, so as to repeal the provisions relating to purchases by the board of commissioners.
Marable, 52nd FLOYD COUNTY
Amends an Act providing for the method of filling vacancies in the member ship of the Hospital Authority of Floyd County, so as to change the method of filling such vacancies. (AMENDMENT)
Gochenour, 27th CITY OF BARNESVILLE
Amends an Act providing a new charter for the City of Barnesville, so as to change the reference to city administrator to city manager; to delete the pro visions providing for a director of utilities and public works; to provide for supervisors.
Day, 48th CITY OF SUGAR HILL
Provides a homestead exemption from all City of Sugar Hill ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $2,000.00 of the assessed value of the home stead for residents of the City of Sugar Hill who are 65 years of age or over.

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HB 2027 Hooks, 14th Perdue, 18th PERRY-FORT VALLEY
Amends an Act creating the Perry-Fort Valley Airport Authority, so as to change the composition of the authority; to change the political subdivisions of the state represented on the authority; to change the name of the author ity.
HB 2029 Robinson, 16th Langford, 29th HARRIS COUNTY
Amends an Act creating the Board of Commissioners of Harris County, so as to change the commissioner districts in said county.
HB 2030 Langford, 29th CITY OF MOLENA
Amends an Act providing a new charter for the City of Molena, so as to pro vide for two-year terms for the mayor and council members.
HB 2032 Perdue, 18th CITY OF WARNER ROBINS
Amends an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the corporate limits of said city.
HB 2033 Middleton, 50th DAWSON COUNTY
Amends an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commissioner.
HB 2034 Thomas, 10th Oliver, 42nd CITY OF DECATUR
Amends an Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, so as to increase such homestead exemption to $8,000.00 for certain residents of said city who are 62 years of age or over.
HB 2035 Gillis, 20th TREUTLEN COUNTY
Amends an Act providing for the election of the members of the Treutlen County Board of Education, so as to provide for the compensation of the members of the board.
HB 2036 Madden, 47th HART COUNTY
Creates the Hart County Industrial Development Authority.
HB 2037 Boshears, 6th BACON COUNTY
Amends an Act providing for the election of the board of education of Bacon County, so as to change the provisions relating to the compensation and ben efits of the chairperson and members of the board.

MONDAY, MARCH 14, 1994

1713

*HB 2038

Perdue, 18th HOUSTON COUNTY
Creates the Houston County School District Building Authority as a public corporation and an instrumentality of the State of Georgia. (AMENDMENT)

HB 2039 Gochenour, 27th CRAWFORD COUNTY
Amends an Act creating the Board of Commissioners of Crawford County, so as to change the compensation of the members of said board of commission-

*HB 2042

Ray, 19th ATKINSON COUNTY
Amends an Act creating the office of commissioner of roads and revenues in the County of Atkinson, so as to reapportion the county; to provide for new districts. (AMENDMENT)

HB 2043 Edge, 28th Langford, 29th SPALDING COUNTY
Provides for the nonpartisan nomination and election of the judge of the Pro bate Court of Spalding County.

HB 2044 Edge, 28th Langford, 29th SPALDING COUNTY
Provides for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Spalding County.

HB 2045 Edge, 28th Langford, 29th SPALDING COUNTY
Provides for a homestead exemption from Spalding County ad valorem taxes for county purposes for certain residents of that county.

HB 2046 Edge, 28th Langford, 29th SPALDING COUNTY
Provides for a homestead exemption from Griffin-Spalding County School District ad valorem taxes for school purposes for certain residents of that school district.
The amendments and substitutes to the following bills were put upon their adoption:
*HB 1633:
The Senate Urban and County Affairs Committee offered the following substitute to HB 1633:

A BILL To be entitled an Act to amend an Act providing for the appointment of the chief

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magistrate of the Magistrate Court of McDuffie County by the judges of superior court, approved March 21, 1984 (Ga. L. 1984, p. 4524), so as to provide that the chief magistrate shall be elected; to provide for vacancies; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the appointment of the chief magistrate of the Magis trate Court of McDuffie County by the judges of superior court, approved March 21, 1984 (Ga. L. 1984, p. 4524), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The chief magistrate of the Magistrate Court of McDuffie County serving on the effective date of this Act shall continue in office until December 31, 1996. A successor shall be elected as provided in Section 3 of this Act."
Section 2. Said Act is further amended by striking subsection (a) of Section 3 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The chief magistrate of the Magistrate Court of McDuffie County shall be elected in a partisan election by the voters of the county at the general election on the Tuesday following the first Monday in November, 1996, for a four-year term of office beginning on the first day of January following such election. Successors shall be elected quadrennially thereafter for terms beginning on the first day of January following their election."
Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of McDuffie County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of McDuffie County for approval or rejection. The election superintendent shall conduct that election on date of the general election to be held on the Tuesday following the first Monday in November, 1994, and shall issue the call and conduct that election as provided by general law. The superin tendent 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 McDuffie County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which provides that the chief magistrate of the Magistrate Court of McDuffie County shall be elected?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by McDuffie County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted.
*HB 1847:
The Senate Urban and County Affairs Committee offered the following amendment:
Amend HB 1847 by striking lines 11 through 14 of page 1 and inserting in lieu thereof the following:
"requirements; to provide for the transmitting of copies of ordinances; to provide for and revise exemptions from the ad valorem taxation of certain property; to authorize the

MONDAY, MARCH 14, 1994

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postponement of the effective date for the creation of a zone; to revise filing requirements for exemptions; to provide for other matters relative to the foregoing; to provide for editorial revision; to provide for applicability with regard to existing exemptions; to repeal".
By adding between lines 18 and 19 page 11 the following:
"(C) Exemptions from ad valorem taxation of real property within a zone under this Act may not be granted for the taxable value of improvements which are used for the pri mary purpose of the processing or handling of hazardous or medical waste not generated on the site where the improvement is located."
By adding between lines 13 and 14 of page 14 a new Section 10 to read as follows:
"Section 10. Any exemptions granted by the 'Atlanta Urban Enterprise Zone Act' prior to the effective date of this amendatory Act shall not be affected by the provisions of this amendatory Act and shall continue as provided by law in existence prior to the effective date of this amendatory Act."
By r<designating Section 10 as Section 11 on line 14 of page 14.
On tl e adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted.
*HB 1952:
The Senate Urban and County Affairs Committee offered the following substitute to HB 1952:
A BILL
To be entitled an Act to amend an Act creating a three-member board of commissioners for McDufBe County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, so as to change the compensation of the chairperson of the board; to provide for reimbursement of the expenses of the chairperson; to provide for limits and procedures for such reimburse ment; to provide for 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. An Act creating a three-member board of commissioners for McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, is amended by striking subsection (a) of Section 7 in its entirety and inserting in lieu thereof the following:
"(a) The chairperson of the board of commissioners shall receive an annual salary not to exceed a maximum of $35,000.00, to be paid in equal monthly installments from the funds of McDuffie County. The chairperson shall also be reimbursed for actual expenses incurred in his or her official capacity as chairperson, not to exceed a total maximum of $5,000.00 per year. The chairperson shall submit all requests for reimbursement of expenses to the board of commissioners and no reimbursement shall be approved except by the full board at a meeting which shall be open to the public."
Section 2. This Act shall become effective on the date of the commencement of the next term of office of the chairperson of the Board of Commissioners of McDuffie County, January 1, 1997.
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.

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*HB 1963:
The Senate Urban and County Affairs Committee offered the following amendment:
Amend HB 1963 by inserting on line 9 of page 1 after "matters;" the following:
"to provide for an effective date;".
By inserting between lines 23 and 24 of page 1 the following:
"Section 1.5. This Act shall become effective at the beginning of the next term of the sheriff of Walton County, January 1, 1997.".
On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted.
*HB 2024:
The Senate Urban and County Affairs Committee offered the following amendment:
Amend HB 2024 by inserting a quotation mark at the end of line 27 on page 2.
By striking lines 28 through 33 on page 2.
By striking lines 1 through 8 on page 3.
On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted.
*HB 2038:
The Senate Urban and County Affairs Committee offered the following amendment:
Amend HB 2038 by striking from line 1 of page 8 the word "interest" and inserting in lieu thereof the word "interests".
By striking from line 24 of page 10 the word "tools" and inserting in lieu thereof the word "tolls".
By striking from line 26 of page 10 the word "form" and inserting in lieu thereof the word "from".
By striking from line 1 of page 15 the word "tools" and inserting in lieu thereof the word "tolls".
On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted. *HB 2042:
The Senate Urban and County Affairs Committee offered the following amendment:
Amend HB 2042 by striking lines 16 and 17 of page 1 and inserting the following:
"for submission for approval; to provide for related".
By striking lines 13 through 18 of page 9 and renumbering Sections 3 and 4 as Sections 2 and 3 respectively.
On the adoption of the amendment, the yeas were 0, nays 47, and the amendment was lost.
*HB 2042:
Senator Ray of the 19th offered the following substitute to HB 2042:
A BILL To be entitled an Act to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson, approved July 23, 1931 (Ga. L. 1931, p. 380), as

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amended, particularly by an Act approved February 13, 1956 (Ga. L. 1956, p. 2252), an Act approved March 27, 1968 (Ga. L. 1968, p. 2882) and an Act approved March 20, 1990 (Ga. L. 1990, p. 4234), so as to reapportion the county; to provide for new districts; to provide for a chairperson and five commissioners; to provide for definitions and inclusions; to provide that the current members of the board of commissioners shall complete the terms for which they were elected; to provide for qualifications, election by majority vote, filling of vacancies, compensation, and terms of office of the chairperson and members of the board; to provide for duties and powers of the chairperson; to provide for submission for approval; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the office of commissioner of roads and revenues in the County of Atkinson, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved February 13, 1956 (Ga. L. 1956, p. 2252), an Act approved March 27, 1968 (Ga. L. 1968, p. 2882) and an Act approved March 20, 1990 (Ga. L. 1990, p. 4234), is amended by striking in their entirety Sections 1 through 6 and inserting in lieu thereof the following:
"Section 1. (a) The board of commissioners of Atkinson County shall be composed of a chairperson and five other members, to be elected as provided in this section.
(b) For the purposes of electing members to the board of commissioners, Atkinson County shall be divided into five commissioner districts as follows:
COMMISSIONER DISTRICT 1
All of the area within the City Limits Lines of the City of Willacoochee.
COMMISSIONER DISTRICT 2
Beginning at a point where the centerline of the Old Douglas Road (also known as King Street) intersects the City Limits Line of the City of Pearson; thence running in a southerly direction along said City Limits Line around the western side of the City of Pearson to a point where the Pearson City Limits Line intersects with the centerline of U.S. Highway 221; thence continuing in a northerly direction around the Eastern side of the City of Pearson along said Pearson City Limits Line to a point where the Pearson City Limits Line intersects the centerline of U.S. Highway 82; thence continuing in a Westerly direction along the centerline of U.S. Highway 82 to a Point where the centerline of U.S. Highway 82 inter sects the centerline of King Street (also known as the Old Douglas Rd); thence continuing in a Northerly direction along the centerline of King Street to a point where the centerline of King Street intersects the Pearson City Limits Line and the point of beginning.
COMMISSIONER DISTRICT 3
Beginning at a point where the centerline of U.S. Highway 441 intersects with the Atkinson-Coffee County Line and from said point of beginning running in a southerly direc tion along the centerline of U.S. Highway 441 until the centerline of U.S. Highway 441 intersects with the centerline of County Road 86; thence continuing in a Westerly direction along the centerline of County Road 86 to a point where the centerline of County Road 86 intersects the centerline of the Old Douglas Road; thence continuing in a Southerly direc tion along the centerline of the Old Douglas Road to a point where the centerline of the Old Douglas Road intersects the City Limits of the City of Pearson; thence continuing in a southerly direction along said City Limits around the western side of the City of Pearson to a point where the Pearson City Limits Line intersects with the centerline of U.S. Highway 221; thence continuing Southwesterly along the centerline of U.S. Highway 221 to a point where the Centerline of U.S. Highway 221 intersects the Atkinson-Clinch County line; thence continuing in a Westerly direction along the Atkinson-Clinch County line to a Point where the Atkinson-Clinch County Line intersects the Atkinson-Lanier County Line; thence continuing along the Atkinson-Lanier County Line in a Westerly direction to a point where

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the Atkinson-Lanier County Line intersects the Atkinson-Berrien County Line; thence con tinuing in a Northerly direction to a point where the Atkinson-Berrien County Line inter sects the Atkinson-Coffee County Line; thence continuing in an Easterly direction along the Atkinson-Coffee County Line to a point where the Atkinson-Coffee County Line intersects the centerline of U.S. Highway 441, the point of beginning.
LESS AND EXCEPT: All of the area within the City Limits Line of the City of Willachoochee which is contained in ELECTION DISTRICT 1.
COMMISSIONER DISTRICT 4
Beginning at a point where the centerline of U.S. Highway 441 intersects with the At kinson-Coffee County Line and from said point of beginning running in a southerly direc tion along the centerline of U.S. Highway 441 until the centerline of U.S. Highway 441 intersects with the centerline of County Road 86; thence continuing in a Westerly direction along the centerline of County Road 86 to a point where the centerline of County Road 86 intersects the centerline of the Old Douglas Road; thence continuing in a Southerly direc tion along the centerline of the Old Douglas Road to a point where the centerline of the Old Douglas Road intersects with the centerline of U.S. Highway 82; thence continuing Easterly along the centerline of U.S. Highway 82 to a point where the Centerline of U.S. Highway 82 intersects with the centerline of County Road 233; thence continuing Northerly along the centerline of County Road 233 to a point where the Centerline of County Road 233 inter sects with the centerline of Georgia Highway 64; thence continuing in a Northerly direction along the centerline of Georgia Highway 64 to a point where the centerline of Georgia High way 64 intersects the Atkinson-Coffee County Line thence continuing in an Westerly direc tion along the Atkinson-Coffee County Line to a point where the Atkinson-Coffee County Line intersects the centerline of U.S. Highway 441, the point of beginning.
COMMISSIONER DISTRICT 5
Beginning at a point where the centerline of State Highway 64 intersects with the At kinson-Coffee County Line and from said point of beginning running in a southerly direc tion along the centerline of State Highway 64 until the centerline of State Highway 64 inter sects with the centerline of County Road 233; thence continuing in a Southerly direction along the centerline of County Road 233 to a point where the centerline of County Road 233 intersects the centerline of U.S. Highway 82; thence continuing in a Westerly direction along the centerline of the U.S. Highway 82 to a point where the centerline of the U.S. Highway 82 intersects the City Limits of the City of Pearson; thence continuing in a southerly direc tion a'ong said City Limits around the Southeastern side of the City of Pearson to a point where the Pearson City Limits Line intersects with the centerline of U.S. Highway 221; thence continuing Southwesterly along the centerline of U.S. Highway 221 to a point where the Centerline of U.S. Highway 221 intersects the Atkinson-Clinch County line; thence con tinuing in an Easterly direction along the Atkinson-Clinch County line to a Point where the Atkinson-Clinch County Line intersects the Atkinson-Ware County Line; thence continuing along the Atkinson-Ware County Line in a Northerly direction to a point where the Atkin son-Ware County Line intersects the Atkinson-Coffee County Line; thence continuing in a Westerly direction along the Atkinson-Coffee County Line to a point where the AtkinsonCoffee County Line intersects the centerline of Georgia Highway 64, the point of beginning.
(c) For purposes of subsection (b) of this section:
(1) The terms 'Tract,' 'Block,' and 'VTD* shall mean and describe the same geographi cal boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct* and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;

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(3) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 and for the State of Georgia;
(4) Precinct names and designations following VTD designations are included for con venience only; and in the event the description of any commissioner district contains a con flict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(5) Any part of Atkinson County which is not included in any commissioner district described in subsection (b) of this section shall be included within that commissioner dis trict contiguous to such part which contains the least population according to the United Stated decennial census of 1990 for the State of Georgia; and
(6) Any part of Atkinson County which is described in subsection (b) of this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner dis trict. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the lease population according to the United States decennial census of 1990 for the State of Georgia.
Section 2. (a) Each of the five members of the board other than the chairperson shall be elected by the electors of the district from which he or she offers. Candidates for members of the board other than the chairperson shall have been residents of the respective commis sioner districts from which they offer for at least one year prior to the date of election.
(b) The chairperson of the board shall be elected by the electors of the entire county. Candidates for chairperson shall have been residents of the county for at least one year prior to the date of election.
(c) To be elected as chairperson or member of the board, a candidate shall receive a majority of the votes cast for the office for which he or she is a candidate. In the event no person receives a majority of the votes cast for an office, then it shall be the duty of the election superintendent of Atkinson County to hold and conduct a run-off election between the two candidates receiving the highest number of votes for such office in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
Section 3. In the event of a vacancy in the office of chairperson or member of the board of commissioners for any reason other than expiration of a term of office, the remaining members of the board, including the chairperson unless the office of chairperson is vacant, shall elect a person to serve for the unexpired term. If the vacancy is for a member other than the chairperson, the person elected to fill the vacancy shall live in the commissioner district in which the vacancy occurred. In the event a member of the board other than the chairperson moves such member's residence from the district, a vacancy shall exist in such district and shall be filled in the same manner as other vacancies.
Section 4. The members of the board serving as such on the effective date of this Act shall complete the terms for which they were elected, which shall expire on December 31, 1996, and when their respective successors are elected and qualified. In the general election in 1996, a chairperson and a member for each commissioner district shall be elected for terms of four years. The chairperson and members of the board elected in 1996 shall take office on the first day of January, 1997, and serve for terms of four years and until their successors are elected and qualified. Thereafter, the chairperson and members of the board shall be elected quadrennially in the general election preceding the expiration of the terms of the chairperson and members then in office, shall take office on the first day of January in the succeeding year, and shall serve for terms of four years and until their successors are elected and qualified.
Section 5. (a) The chairperson of the board of commissioners, who shall devote full time to the duties of such office, shall receive a salary of $24,000.00 annually, and a county vehi cle, with the cost of maintenance and fuel for such vehicle paid by the county.

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(b) The other members of the board shall receive $100.00 per month as full compensa tion for their duties.
Section 6. The chairperson shall preside over meetings of the board of commissioners and shall vote on questions before the board only in the event of a tie vote by other mem bers of the board."
Section 2. It shall be the duty of the governing authority of Atkinson County to require the attorney therefor to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Coleman Crotts Day Dean Edge

Egan Farrow Gillis Gochenour Guhl Henson Hill Huggins Isakson Kemp Langford of 29th Marable McGuire Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston
U
Robinson
Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Glanton Harbison

Hemmer

Madden

Hooks

Scott (excused)

Langford of 35th (excused) Starr

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 1633, HB 1847, HB 1952, HB 1963, HB 2024, HB 2038 and HB 2042, having received the requisite constitu tional majority, were passed.
HB 1633, HB 1952 and HB 2042, having received the requisite constitutional majority, were passed by substitute.
HB 1847, HB 1963, HB 2024 and HB 2038, having received the requisite constitutional majority, were passed as amended.

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SENATE RULES CALENDAR
Monday, March 14, 1994
THIRTY-NINTH LEGISLATIVE DAY
SR 581 Rules of the Senate--amend (Rules--54th)
HB 1515 Child Support--health insurance coverage for children (Substitute) (Judy--42nd) Cox--160th
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 9, 1994.)
HB 1798 Official State Crop--peanut (Amendments) (Ag--llth) Reaves--178th
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 9, 1994.)
HB 1358 Theft Offenses--presumption of intention to convert rented property (Substi tute) (Judy--28th) Dobbs--92nd
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 9, 1994.)
HB 1667 Sheriffs' Bonds--conditioned on same faithful accounting as other funds (S Judy--28th) Randall--127th
HB 1936 Sports Hall of Fame--certain nonprofit corporation statutes apply (EDT&C--26th) Groover--125th
HB 282 Quality Basic Education Act--local fair share fund limitation (Amendment) (Ed--56th) Twiggs--8th
HR 664 Joint Regional Hospital Study Committee--create (Rules--36th) Davis--48th
HB 929 Nonpublic Postsecondary Educational Institutions Act--exemptions, standards (H Ed--18th) Godbee--145th
HB 1861 Honeybee Production, Maintenance--no local regulation (Amendments) (Ag--47th) Reaves--178th
HB 1600 National Guard--active duty without Governor declaring emergency (D&VA--34th) Birdsong--123rd
HB 1596 Utility Contracting--definitions, bidding (Substitute) (ST&I--41st) Barnes--33rd
HB 533 Contributing to Delinquency of Minor by Certain Acts--penalties (Judy--37th) Stanley--50th
HB 1886 Law Enforcement Integrity Act of 1994--provide (Substitute) (Pub Saf--23rd) Twiggs--8th
HB 372 School Bus Drivers--mandatory, random drug testing (Substitute) (Ed--52nd) Chandler--99th
HB 1136 Ports Authority Grounds--illegal parking citations (Amendment) (EDT&C--1st) Dixon--150th
HB 1512 Bait Shrimping--gear and methods allowed (Amendment) (Nat R--7th) Hanner--159th
HB 1551 State Productivity Council--create (Amendment) (Rules--55th) Polak--67th
HB 1872 Atlanta City Court--certain Code section on traffic cases not apply (Judy--38th) McKinney--51st
HB 1103 Service Cancelable Loans--provide for Department of Human Resources, county health nurses (H Ed--18th) Childers--13th
HB 1185 Tuition Equalization Grants--redefine "approved school" (H Ed--44th) Lane--55th
HB 1417 Criminal Proceedings--depositions (Amendment) (Judy--42nd) Thomas--100th

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HB 1503 Lottery Ticket Sale--limit certain electronic, mechanical devices (Amendment) (EDT&C--46th) Crews--78th
HR 824 Jerry D. Jackson Bridge--designate (Trans--1st) Colwell--7th
SR 614 Senate Competitive Local Telephone Service Study Committee--create (Rules--18th)
HB 527 Group Workers' Compensation Self-Insurance Funds--soliciting membership (Substitute) (I&L--41st) Bannister--77th
HR 712 CA: Certain Judges--General Assembly legislation on powers, terms (Judy--37th) Cauthorn--35th
HB 1399 DUI Alcohol, Drug Use Risk Reduction Program--surety bonds (Judy--16th) Powell--23rd
HB 820 Grand Jurors--gender changes, corrections in oath (Judy--42nd) Thomas--100th
HB 1233 Motor Vehicle Certificate of Title--reinstate certain mobile homes (Pub Saf--24th) Harris--112th
HB 914 Insurance--capital stock, surplus required to transact business (Amendment) (I&L--29th) Culbreth--132nd
HB 1760 Ad Valorem Tax, Conservation Use Property--limited duration covenants (Substitute) (F&PU--18th) Harris--112th
HB 1544 Local Deannexation--method (U&CA G--33rd) Stancil--16th
HB 1389 Peace Officers--time to complete training course (Amendment) (Pub Saf--54th) Twiggs--8th
HB 1521 Board of Natural Resources--relating to standards, rules (Amendment) (Nat R--20th) Patten--176th
HB 492 Blind Persons' Literacy Rights and Education Act--enact (Ed--56th) Mueller--152nd
HB 1390 Board of Registration of Used Car Dealers, Board of Dismantlers--combine (Amendment) (ST&I--40th) Skipper--137th
HB 1642 Intangible Recording Tax, Counties over 350,000--collection (Substitute) (F&PU--18th) Skipper--137th
HB 1784 Convicted Felon--sentencing judge may confine in county jail (Amendment) (Judy--16th) Thomas--100th
HB 1767 Developmental Highway System--add certain road corridor (Amendment) (Trans--53rd) Colwell--7th
HB 965 Beauty Pageants--written notice for entrants, alternative to bonds (Amendment) (ST&I--10th) Buckner--95th
SR 556 Senate Postage Cost Reduction Study Committee--create (Rules--34th)
HB 828 Criminal Cases--provide for discovery, inspection (Substitute) (Judy--16th) Cauthorn--35th
HB 1488 Insurance--when no fees for refiling document with Commissioner (Amendment) (I&L--47th) Culbreth--132nd
SR 553 Senate Study Committee on Comprehensive School Health Services--create (Rules--10th)
HB 1326 Education--uniform grading system for grants, scholarships (Substitute) (Ed--56th) Godbee--145th
HB 1570 Fire Departments--relating to authority of law enforcement, firemen (Substitute) (Pub Saf--17th) Powell--23rd

MONDAY, MARCH 14, 1994

1723

HB 1436 Ad Valorem Property Tax Appeals--filing by mail (Substitute) (F&PU--37th) Vaughan--34th
HB 1693 Tax Appraisers--prohibit certain ones on board of tax assessors (Substitute) (F&PU--44th) Harris--112th
SR 586 Senate Study Committee on Combining Columbus Technical Institute and Columbus College--create (Rules--16th)
HB 1199 Campaign Contributions, Local Officials--certain limits (Ethics--54th) Thomas--100th
HB 1422 Municipal Poll Officers--appointment of clerks (Amendment) (Ethics--54th) Mueller--152nd
HB 1471 Probationary Driver's License--conditions to issue (S Judy--28th) Streat--167th
SR 554 African-American Community--relating to economic self-sufficiency (Rules--22nd)
HB 1783 Motor Contract and Common Carrier--exclude certain small buses (Trans--1st) Benefield--96th
HB 1715 Early County Superior Court--terms (Judy--llth) Cox--160th
HR 1003 Barrow County--property lease exchange with Department of Natural Resources (F&PU--46th) Mobley--86th
HB 170 Bills, Resolutions--profiling (Rules--55th) Thomas--100th
HB 250 Fireman, Policeman Indemnification--when considered line of duty (Pub Saf--45th) Mobley--86th
HR 815 World War II Veterans--Veterans Services Department study erecting monu ment (Rules--24th) Birdsong--123rd
HB 1458 Recordation of Maps, Plats--specifications (Substitute) (Judy--24th) Porter--143rd
HB 1654 Aircraft Located in County Not Owner's Residence--ad valorem tax (Substitute) (F&PU--55th) Sherrill--62nd
HB 1687 Juvenile Criminal Cases--direct appeal by state (Judy--16th) Cauthorn--35th
SR 567 Senate Study Committee for a Seamless Education System--create (Rules--18th)
SR 550 Senate Study Committee on In Lieu Tax Payments--create (Rules--38th)
HB 1567 Reversions of Realty--time periods, notice, cancellation (S Judy--54th) Hammond--32nd
HB 897 Presidential Preference Primary--date (Ethics--54th) Holmes--53rd
HR 1037 Reginald Trice Parkway--designate (Trans--26th) Groover--125th
HR 967 Hardy Durham Faulk, Sr., Memorial Bridge--designate (Trans--1st) Birdsong--123rd
HB 1228 Evidence--videotapes made by law enforcement (Judy--37th) Klein--39th
HB 1443 Office of State Administrative Hearings--create (Substitute) (Judy--42nd) Murphy--18th
HB 664 Blueberry Plants Growing in State--special election for ad valorem exemption (F&PU--19th) Smith--169th
HB 1313 Open Records Law--certain governmental associations (Judy--36th) Harris--112th
HR 925 Private George W. Lee, Jr., Memorial Bridge--designate (Trans--19th) Streat--167th

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JOURNAL OF THE SENATE

HR 875 Joint Steering Committee for General Assembly's Conference on Health Care Re form--create (H&HS--10th) Parrish--144th
Respectfully submitted,
/s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bill of the House, having been read the third time and final ac tion suspended on March 9, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

HB 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.

Senate Sponsor: Senator Oliver of the 42nd.

The substitute to HB 1515 offered by Senator Oliver of the 42nd on March 9, as it appears in the Journal of March 9, 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 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 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 Thompson Turner Tysinger

Voting in the negative were Senators Baugh and Gochenour. Those not voting were Senators:

Glanton Henson

Langford of 35th (excused) Thomas

Middleton

Walker

On the passage of the bill, the yeas were 48, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute.

MONDAY, MARCH 14, 1994

1725

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

HB 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.
Senate Sponsor: Senator Edge of the 28th.

The substitute to HB 1358 offered by Senators Marable of the 52nd and Ray of the 19th on March 9, as it appears in the Journal of March 9, was automatically reconsidered and put upon its adoption.
Senators Slotin of the 39th and Pollard of the 24th offered the following amendment:
Amend the Marable substitute to HB 1358 by striking line 2 of page 2 and inserting in its place the following:
"primarily designed for use in agriculture. 'Personal property' shall not include house hold appliances or electronic equipment."
By striking the word "five" on line 7 of page 2 and inserting in its place the word "ten".
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 Baugh Brown of 26th Gillis Harbison

Kemp Oliver Pollard Ray Scott

Slotin Taylor Thomas Walker

Those voting in the negative were Senators:

Balfour Blitch Bowen Broun of 46th Burton Cheeks Clay Coleman Crotts Day Dean Edge

Egan Farrow Glanton Gochenour Guhl Hemmer Hill Hooks Huggins Isakson Langford of 29th Madden

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

Those not voting were Senators:

Alien Boshears

Henson Langford of 35th (excused)

Parrish Ragan of llth

On the adoption of the amendment, the yeas were 14, nays 38, and the Slotin and Pol lard amendment to the Marable and Ray substitute was lost.

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JOURNAL OF THE SENATE

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 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:

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

Egan Gillis Glanton Gochenour Guhl Hemmer Hill Hooks Huggins Isakson Kemp Langford of 29th Madden McGuire Middleton

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

Those voting in the negative were Senators:

Abernathy Brown of 26th

Harbison Slotin

Walker

Those not voting were Senators:

Farrow Henson

Langford of 35th (excused) Marable

Ray Robinson

On the passage of the bill, the yeas were 45, nays 5.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
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

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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 the punishment of a defendant who has been convicted of a serious violent felony and sentenced to life imprisonment; 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 certain serious violent felonies; to provide an exception; to restrict the authority of the Department of Corrections with respect 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 certain serious violent felo nies; to provide for the meanings of additional terms; to provide that a person who has been convicted 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; and
(2) That sentences 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 Depart ment of Corrections.
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

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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 auch offcnac, the defendant shall be puniohcd by imprisonment for not leaa than ten years. The preceding provisions 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 device having the appearance of such weapon, inflicted aerioua bodily injury on a person, auch 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 imprisonment for not less than ten years.
(c) (1) The preceding provisions of this Code section notwithstanding, in any ease in which the defendant eommito armed robbery and in the course of the commission of the offcnac such person 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 or if admitted by the defendant, the defendant shall be punished by impriaon mcnt for not leaa 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 'pharmaey2 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 imposition of sentence ahall not be suspended, probated, deferred, or- withheld for any offcnac punishable under aubacction (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 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 ee ten nor more than 20 years, provided that a person convicted of the offense of kidnapping for ransom 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 sub section (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

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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 6. Said title is further amended by striking in its entirety subsection (d) of Code Section 16-6-4, relating to the crimes of child molestation and aggravated child moles tation, 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 tEan twe ten nor more than 30 years. Upon a second o? aubacqucnt conviction of aggravated child molcltation, the defendant ahall be puniahcd 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 enc 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 one ten nor more than 20 years. 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 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 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 condi tions set out in this subsection; provided, however, that such action shall be subject to the provisions of Code Section 17-10-6.1."

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

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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 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 and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles.
(c) (1) 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.
(2) 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.
(3) 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 other sentence-reducing measures under programs

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administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court.
(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 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 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. Any such sentence of life without parole 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 sentencereducing measures under programs administered by the Department of Corrections, the ef fect of which would be to reduce the sentence of life imprisonment without possibility of parole, except as may be authorized by any existing or future provisions of the Constitution.
(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 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.
W (e) This Code section is supplemental to other provisions relating to recidivist recidivous offenders."
Section 13. Reversed.
Section 14. 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

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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 15. Said article is further amended by striking in its entirety Code Section 429-45, relating to general rule-making power of the State Board of Pardons and Paroles, and inserting in lieu thereof 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 Except as otherwise provided in Code Sections 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, which ever 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 statute 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 purposes 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 '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

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violator, aggravated battery, aggravated assault, trafficking in drugs, and violations of Chap ter 14 of Title 16, the 'Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act.'
(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 16. 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 17. 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 18. 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 authorizing the General Assembly to provide for mandatory minimum sentences and sentences of life without possibility of pa role in certain cases and providing restrictions on the authority of the State Board of Par dons 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 19. All laws and parts of laws in conflict with this Act are repealed.
Senator Taylor of the 12th moved that the Senate agree to the House substitute to SB 441.
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 B_Bruorwt. onn of 26th Cheeks Clay Coleman Crotts
Day Dean
Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Hill HTHTougogkms s Isakson Kemp Langford of 29th Madden
Marable McGuire
Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston R K,c, o{bm,,,s,o,,,,n ott
btarr Tavlor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Henson

Langford of 35th (excused)

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 441.

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The following bill of the Senate was taken up for the purpose of considering the House action thereto:
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 House amendments were as follows:
Amend SB 618 by striking Section 3 in its entirety and renumbering the remaining sections accordingly;
Amend SB 618 as follows: On page 3, line 3, after the word "tradition" insert the words:
"as recorded in sworn statement";
Amend SB 618 by adding on line 11 page 2 after "8-3-4." the following:
Such housing authority shall not be authorized to exercise the power of eminent domain with respect to any property unless prior approval is given by the governing authority of the county in which the property is located after notice of the proposal to exercise that power is given to the owner and an opportunity to be heard.
Senator Ragan of the llth moved that the Senate disagree to the House amendments to SB 618.
On the motion, the yeas were 34, nay 0; the motion prevailed, and the Senate disagreed to the House amendments to SB 618.
The following bills were taken up to consider House action thereto:
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 moved that the Senate adhere to its disagreement to the House amendment and that a Conference Committee be appointed.
On the motion, the yeas were 38, nay 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 469.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Parrish of the 43rd, Marable of the 52nd and Thompson of the 33rd.

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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.
Senator Walker of the 22nd moved that the Senate insist on its amendments to HB 1825.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted on its amendments to HB 1825.
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.
Senator Perdue of the 18th moved that the Senate adhere to the Senate substitute to HB 1489 and that a Conference Committee be appointed.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1489.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Slotin of the 39th, Newbill of the 56th and Perdue of the 18th.
The following resolution was taken up to consider House action thereto:
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 House substitute was as follows:
A RESOLUTION
Designating the Walter Kelly, Jr., Bridge and designating the Hardy Durham Faulk, Sr., Memorial Bridge; and for other purposes.
Parti
WHEREAS, Walter Kelly, Jr., has been widely known and highly regarded by the citi zens of Cobb County as a leading contributor to the development and improvement of Cobb County; and
WHEREAS, Mr. Kelly served with distinction as a past president of the Cobb County Chamber of Commerce and as chairman of the Cobb County Development Authority; and
WHEREAS, he is an active volunteer on behalf of the Boys' and Girls' Clubs of Cobb County, the Salvation Army, and numerous other humanitarian and charitable organiza tions; and
WHEREAS, he has been an influential and tireless promoter of the Southern College of Technology; and

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WHEREAS, the citizens of Cobb County have reaped countless benefits as the result of his wisdom, vision, integrity and dedicated efforts; and
WHEREAS, it is abundantly fitting and proper that a citizen who has contributed so much to the welfare of his community and state be appropriately recognized by the designa tion of a bridge in his honor.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Interstate 75 on State Highway 120 in Cobb County, Geor gia, be designated the Walter Kelly, Jr., Bridge.
Part II
WHEREAS, Mr. Hardy Durham Faulk, Sr., a civic leader, farmer, and merchant in Twiggs County contributed so much to his community during his eventful life; and
WHEREAS, he was a security representative with Great Southern Paper Company, for merly Great Northern Paper Company and, prior to that, Southern Land and Timber Com pany; and
WHEREAS, Mr. Faulk was a charter member of the Richland Restoration League and Twiggs County Development Corporation; and
WHEREAS, he was a Democrat and Colonel aide-de-camp on the staff of Governor Ernest Vandiver; and
WHEREAS, his love for his community was second only to his love for his lovely wife, Eulilla Blanche Baker, and his son, Hardy Durham Faulk, Jr.; and
WHEREAS, it is abundantly fitting and proper that a citizen who has contributed so much to the welfare of his community and state be appropriately recognized by the designa tion of a bridge in his honor.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Savage Creek that flows under State Route 87 and U.S. Highway 23 in Twiggs County is designated as the Hardy Durham Faulk, Sr., Memorial Bridge.
Part III
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain signs at appropriate locations designating the Walter Kelly, Jr., Bridge and the Hardy Durham Faulk, Sr., Memorial Bridge.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit appropriate copies of this resolution to Mr. Walter Kelly, Jr., and the family of Mr. Hardy Durham Faulk, Sr.
Senator Isakson of the 21st moved that the Senate agree to the House substitute to SR 522.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Clay Crotts Day Dean
Edge Egan Farrow Gillis Glanton Harbison

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

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1737

McGuire Middleton Newbill OPalirvreisrh
Perdue
Pollard

Ragan of llth Ragan of 32nd Ralston
Rav Robinson Scott

Slotin Starr Thomas _T,hompson
Turner
Tysinger

Those not voting were Senators:

Abernathy Coleman Gochenour

Guhl

Taylor

Langford of 35th (excused) Walker

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 522.
The following bills and resolutions were read the third time and put upon their passage:

SR 581. By Senator Farrow of the 54th: A resolution amending the Rules of the Senate relating to ethics complaints.

Senators Marable of the 52nd, Ray of the 19th and Robinson of the 16th offered the following amendment:
Amend SR 581 by adding at the end the following:
"BE IT FURTHER RESOLVED that the Rules of the Senate are amended by adding before the period at the end of the third sentence of the first undesignated paragraph of Rule 111 the following:
'except that this prohibition shall not apply to a bill or resolution which was laid on the table on the thirty-ninth (39th) day.'"
On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
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
Bwen f , Broun of 46th Brown of 26th BChuerteokns Q Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer
Henson Hm Hookg ,,Huggms Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth
Ragan of 32nd Ralston R nRo(b.inson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger

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Those not voting were Senators:

Abernathy Coleman

Langford of 35th (excused) Walker

On the adoption of the resolution, the yeas were 52, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.

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.
Senate Sponsor: Senator Edge of the 28th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Abernathy Alien 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

Those not voting were Senators:

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

Broun of 46th

Starr

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.

MONDAY, MARCH 14, 1994

1739

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.
Senate Sponsor: Senator Brown of the 26th.

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

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour 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 Scott Slotin Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Coleman Dean Egan

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

Starr Walker

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 282. By Representatives Twiggs of the 8th and Colwell of the 7th: A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to the local fair share of funding under the "Quality Basic Education Act," so as to change the provisions relating to the limitation on local fair share funds. Senate Sponsor: Senator Newbill of the 56th.
The Senate Education Committee offered the following amendment: Amend HB 282 by striking from line 22 of page 1 the following: "1993",
and inserting in lieu thereof the following: iyyo .

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By striking from line 26 of page 1 the following: "1994",

and inserting in lieu thereof the following: "1996".

By striking from line 2 of page 2 the following: "$615",

and inserting in lieu thereof the following: "$631".

Senators Newbill of the 56th, Hill of the 4th and Marable of the 52nd offered the fol lowing amendment:
Amend the committee amendment to HB 282 hy deleting on line 15 of page 1 $631 and adding in lieu thereof $636
Senator Newbill of the 56th asked unanimous consent to withdraw the amendment.
The consent was granted and the Newbill et al. amendment to the committee amend ment was withdrawn.
Senator Newbill of the 56th offered the following amendment:
Amend the committee amendment to HB 282 by deleting on line 7 page "1995" and inserting in lieu thereof "1999" and deleting on page 1 line 11 "1996" and inserting in lieu thereof "2000"
On the adoption of the amendment, the yeas were 41, nays 0, and the Newbill amend ment to the committee amendment was adopted.
Senator Taylor of the 12th offered the following amendment:
Amend the committee amendment to HB 282 as follows:
Delete on line 15 page 1 $631 and adding in lieu thereof $700.
On the adoption of the amendment, the yeas were 43, nays 0, and the Taylor amend ment to the committee amendment was adopted.
On the adoption of the amendment, the yeas were 45, nays 0, and the committee amendment was adopted as amended.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Dean Edge Egan Farrow Gillis Glanton Gochenour 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

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1741

Ralston Ray Robinson Scott

Slotin Starr Taylor Thomas

Thompson Turner Tysinger Walker

Not voting were Senators Crotts and Langford of the 35th.

On the passage of the bill, the yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bill of the Senate was taken up for the purpose of considering the House action thereto:

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 House substitute was as follows:

A BILL
To be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for certain transfers of property which shall not constitute a breach of a conservation use covenant; to specify conditions under which certain persons may enter limited-duration covenants under a prior table of values; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for a property tax amnesty program; to provide for legislative find ings, declarations, and intent; to provide for definitions; to provide 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 ac count; 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 in subsection (p) of Code Section 48-5-7.4, relating to bona fide conser vation use property, by striking "or" at the end of paragraph (2); by striking the period at the end of paragraph (3) and inserting in its place "; or"; and by adding a new paragraph immediately following paragraph (3), to be designated paragraph (4), to read as follows:
"(4) (A) Any property which is subject to a covenant for bona fide conservation use being transferred to a place of religious worship or burial or an institution of purely public charity if such place or institution is qualified to receive the exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41. No person shall be enti tled to transfer more than 25 acres of such person's property in the aggregate under this paragraph.
(B) Any property transferred under subparagraph (A) of this paragraph shall not be used by the transferee for any purpose other than for a purpose which would entitle such property to the applicable exemption from ad valorem taxation provided for under subsec tion (a) of Code Section 48-5-41 or subsequently transferred until the expiration of the term of the covenant period. Any such use or transfer shall constitute a breach of the covenant."
Section 2. Said title is further amended by adding a new subsection at the end of Code

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Section 48-5-7.4, relating to bona fide conservation use property, to be designated subsec tion (v), to read as follows:
"(v) The commissioner shall continue to compute a table of values established under subsection (a) of Code Section 48-5-269, in accordance with the law applicable to the tax year beginning on January 1, 1992, to be used to value property entered into a covenant during that tax year and the covenants valued thereunder for the remainder of the covenant period applicable to such persons shall be known as '92-Style' conservation use covenants. Such duty shall terminate with the tax year beginning January 1, 2001. With respect to any county for which the 'A2' benchmark value for agricultural land in the table of values estab lished by the commissioner for the tax year beginning on January 1, 1993, exceeds by 50 percent or more the 'C2' benchmark value for cropland in the table of values established by the commissioner for the tax year beginning on January 1, 1992, a person within such county desiring to enter into a conservation use covenant for any taxable year beginning on or after January 1, 1994, shall be authorized, at such person's option, to enter a 92-Style conservation use covenant. A person entering such covenant shall be governed by the prior law applicable to such covenants and the applicable table of values and such covenant shall expire on December 31, 2001."
Section 3. Said title is further amended by adding a new chapter immediately following Chapter 16, to be designated 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 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.

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(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;
(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

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(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 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.

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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 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Starr of the 44th moved that the Senate agree to the House substitute to SB 506.
On the motion, a roll call was taken and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Balfour Baugh Boshears Bowen Broun of 46th BC.-.,huerteok. ns Clay Coleman Crotts
Day Dean
Egan
Farrow Gillis

Glanton Gochenour Harbison Hemmer Henson Hill HTIsoako, skosn Kemp Langford of 29th Madden
Marable McGuire
Middleton
Newbill Oliver

Parrish Perdue Pollard Ragan of nth R of 32nd Ralston DKo,bm son
hlotm Starr Taylor Thompson Turner Tysinger Walker

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Those not voting were Senators:

Abernathy Blitch Brown of 26th

Edge Guhl Hugging

Langford of 35th (excused) Ray Thomas

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 506.
The Calendar was resumed.

HR 664. By Representatives Davis of the 48th and Stanley of the 50th: A resolution creating the Joint Regional Hospital Study Committee. Senate Sponsor: Senator Scott of the 36th.

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 Boshears Broun of 46th Burton Cheeks Clay Coleman Crotts Day Dean Egan Farrow Gillis Glanton

Gochenour Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp 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

Those not voting were Senators:

Abernathy Blitch Bowen

Brown of 26th Edge Guhl

Langford of 35th (excused) Oliver

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 were taken up to consider House action thereto:
SR 203. By Senators Hill of the 4th, Perdue of the 18th, Taylor of the 12th and others: A resolution proposing an amendment to the Constitution so as to authorize counties and municipal corporations to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property lo cated in such county or municipal corporation with other counties or municipal

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corporations with which the assessing county or municipal corporation has con tracted; to provide for the submission of this amendment for ratification or rejection.
Senator Hill of the 4th moved that the Senate adhere to its substitute to SR 203 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.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Coleman of the 1st, Hill of the 4th and Perdue of the 18th.
HB 1130. By Representatives Godbee of the 145th, Coleman of the 142nd, Murphy of the 18th and others: A bill to a lend 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.
Senator Hill of the 4th moved that the Senate insist on its substitute to HB 1130.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1130.
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 2020. 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 certain homesteads that are leased to certain residents of that county.
HB 2048. By Representatives Hart of the 116th, Howard of the 118th, Brown of the 117th and Connell of the 115th: A bill to amend an Act creating the Civil Court of Richmond County, so as to provide for the duties and powers of the Chief Judge of said Court; to provide for the handling and transfer of cases within the Civil Court and Magistrate Court of Richmond County.
HB 2052. 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 2054. By Representatives Snow of the 2nd and Joyce of the 1st: A bill to provide for the Magistrate Court of Walker County; to provide for the compensation of the chief magistrate.

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The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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.
The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
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 and election of members of said boards; to provide for taxes, fees, and assess ments; to provide for the boundaries of said districts.
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.
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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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.
The Calendar was resumed.
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.
Senate Sponsor: Senator Perdue of the 18th.

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Senators Thompson of the 33rd, Clay of the 37th and Isakson of the 21st offered the following amendment:

Amend HB 929 by adding on line 11 of page 22 between "1985," and the word "or" the following:

"or unless it is accredited to use that designation by a national or regional accrediting agency~recognized by the United States Department of Education,".

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 Burton Clay

Coleman Crotts Day Dean Edge Harbison Henson Hooks Isakson

Those voting in the negative were Senators:

Kemp Langford of 29th Newbill Pollard Ragan of llth Ragan of 32nd Ralston Scott Thompson

Broun of 46th Brown of 26th Cheeks Egan Farrow Gillis Glanton Gochenour Guhl

Hemmer Hill Huggins Madden Marable McGuire Middleton Oliver Parrish

Perdue Ray Robinson Slotin Starr Taylor Thomas Turner Tysinger

Not voting were Senators Langford of the 35th (excused) and Walker.
On the adoption of the amendment, the yeas were 27, nays 27, and the Thompson et al. amendment to HB 929 was lost.
Senator Thompson of the 33rd moved that the Senate reconsider its action in defeating the amendment to HB 929.

1750

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour
Boshears g owen Brown of 26th Burton Clay

Coleman Crotts Day
Dean Edge Glanton Guhl Isakson Kemp

Langford of 29th Madden Newbill
Pollard Ragan of llth Ragan of 32nd Ralston Scott Thompson

Those voting in the negative were Senators:

Broun of 46th Cheeks Egan Farrow Gillis Gochenour Harbison
Hemmer
Henson

Hill Hooks Huggins Marable McGuire Middleton Oliver
Parrish
Perdue

Ray Robinson Slotin Starr _, , laylor Thomas
Turner
Tysinger

Not voting were Senators Langford of 35th (excused) and Walker.
On the motion, the yeas were 28, nays 26; the motion prevailed, and the Senate recon sidered its action in defeating the Thompson et al. amendment to HB 929.
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 BrBB,ooliwstc,hehenars
Brown of 26th Burton Clay Coleman

Crotts Day Dean Edge GGG^1uola1hcnhlteonnour
Huggins Isakson Kemp Langford of 29th

Madden McGuire Newbill Pollard nKD^aa,,,,gf,aa,,nn, onolef. 30Tll02ItHnnd.,
Ralston Scott Thomas Thompson

Those voting in the negative were Senators:

Broun of 46th Cheeks Egan Farrow GHialrlibsison
Hemmer
Henson

Hill Hooks Marable Middleton POalirvreisrh
Perdue
Ray

Robinson Slotin Starr ,,, , il,uarynloerr
Tysinger
Walker

Not voting was Senator Langford of the 35th (excused).

MONDAY, MARCH 14, 1994

1751

On the adoption of the amendment, the yeas were 32, nays 23, and the Thompson et al. amendment to HB 929 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 Burton Clay Coleman Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Madden Marable

Those voting in the negative were Senators:

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

Broun of 46th Brown of 26th Cheeks

Harbison Middleton Oliver

Those not voting were Senators:

Taylor Turner

Langford of 35th (excused) Newbill

Thomas

On the passage of the bill, the yeas were 45, nays 8. The bill, having received the requisite constitutional majority, was passed as amended. The following bills were taken up to consider House action thereto:

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".
Senator Henson of the 55th moved that the Senate insist on its amendments to HB 1608.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted on its amendments to HB 1608.

1752

JOURNAL OF THE SENATE

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.
Senator Henson of the 55th moved that the Senate insist on its amendment to HB 800.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 800.
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.
Senator Cheeks of the 23rd moved that the Senate insist on its amendment to HB 1221.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 1221.
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.
Senator Cheeks of the 23rd moved that the Senate adhere to its amendment 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 amendment to HB 1333.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Guhl of the 45th, Bowen of the 13th and Cheeks of the 23rd.
Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.
The Calendar was resumed.
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.
Senate Sponsor: Senator Madden of the 47th.

MONDAY, MARCH 14, 1994

1753

The Senate Agriculture Committee offered the following amendment:
Amend HB 1861 by striking lines 6 through 10 of page 1 and inserting the following:
"to provide for related matters; to repeal".
By striking lines 25 and 26 of page 1, lines 1 through 24 of page 2, and lines 1 through 5 of page 3.
By redesignating Section 3 as Section 2.
Senators Ragan of the llth and Madden of the 47th offered the following amendment:
Amend the amendment to HB 1861 offered by the Senate Committee on Agriculture by striking on line 7 the figure "24" and inserting "34".
On the adoption of the amendment, the yeas were 32, nays 3, and the Ragan and Mad den amendment was adopted.
On the adoption of the committee amendment, the yeas were 34, nays 0, and the com mittee amendment was adopted as amended.
Senator Newbill of the 56th offered the following amendment:
Amend HB 1861 by deleting on page 1 line 23 the word "regulate" and adding in lieu thereof "restrict"
On the adoption of the amendment, the yeas were 38, nays 1, and the Newbill amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Bowen Broun of 46th Brown of 26th
"rton heeks

Glanton Gochenour Guhl Harbison Hemmer Henson
Hill Hooks

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

Coleman cvD^aroyt,L. S rjean Edge Egan Farrow Gillis

ufins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton

Ray SS~.lcoottm.t Starr Taylor Thompson Tysinger Walker

Those voting in the negative were Senators:

Blitch

Boshears

Turner

Those not voting were Senators:

Alien

Robinson (presiding)

Langford of 35th (excused)

Thomas

On the passage of the bill, the yeas were 49, nays 3. The bill, having received the requisite constitutional majority, was passed as amended.

1754

JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Glanton of the 34th.

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

Those voting in the affirmative were Senators:

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 Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Parrish

Langford of 35th (excused) Robinson (presiding)

Thomas

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.
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.
Senate Sponsor: Senator Tysinger of the 41st.

MONDAY, MARCH 14, 1994

1755

The Senate Science, Technology and Industry Committee offered the following substi tute to HB 1596:
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 change the definition of certain terms relat ing to utility contracting; to change the provisions relating to the membership of the State Construction Industry Licensing Board; to change the provisions relating to grounds for refusing to grant a license or certificate or for suspension, revocation, or cancellation of li censes or certificates; to change the provisions relating to the right to engage in the business of utility contracting; to repeal certain provisions relating to required financial statements and regarding the bidding of utility contracting work, contract bids, and bid limits; to change the provisions relating to utility managers and utility manager certificates and exam inations; to change the provisions relating to the certification of utility foremen; to change an exemption relating to utility contracting work; to provide an effective date, to repeal a specific act; 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 striking paragraphs (13) and (17) of Code Section 43-14-2, relating to definitions, in their entirety and inserting in lieu thereof new paragraphs (13) and (17) to read as follows:
"(13) 'Utility contracting' means undertaking to construct, erect, alter, or repair or have constructed, erected, altered, or repaired any utility system in which the cost of the com pleted structures or improvemcnta utility system work exceeds $100,000.00 $100,000.00."
"(17) 'Utility system' means any system at least five feet underground, when installed or accessed by trenching, open cut, cut and cover, or other similar construction methods which install or access the system from the ground surface, including, but not limited to, gas distribution systems, electrical distribution systems, communication systems, water supply systems, sanitary sewerage and drainage systems, reservoirs and filtration plants, water and waste-water treatment plants, and pump stations, when the system distributes or collects a service, product, or commodity for which a fee or price is paid for said service, product, or commodity or for the disposal of said service, product, or commodity?1
Section 2. Said chapter is further amended by striking in its entirety paragraph (3) of subsection (b) of Code Section 43-14-3, relating to the State Construction Industry Licens ing Board, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Five members known as the Division of Conditioned Air Contractors, one of whom shall be a licensed professional engineer engaged in mechanical practice, one of whom shall be the chief conditioned air inspector of a county or municipality and shall have served in such office for five ycara immediately preceding appointment, and three of whom shall be conditioned air contractors with more than five years of installation and service experience in the trade;".
Section 3. Said chapter is further amended by striking in its entirety paragraph (4) of subsection (a) of Code Section 43-14-6, relating to powers and duties of divisions, and in serting in lieu thereof a new paragraph (4) to read as follows:
"(4) After notice and hearing, have the power to reprimand any person, licensee, or certificate 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,

1756

JOURNAL OF THE SENATE

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 such an extent as to render the license or certificate holder unsafe or unfit to practice any profession licensed or noncertified certified 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; or
(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;".
Section 4. Said chapter is further amended by striking Code Section 43-14-8.2, relat ing to the bidding of utility contracting work, in its entirety and inserting in lieu thereof a new Code Section 43-14-8.2 to read as follows:
"43-14-8.2. (a) For purposes of this Code section only, 'division' means the 'Division of Utility Contractors.'
(b) After December 81, 1008 June 30, 1994, no sole proprietorship, partnership, or cor poration shall have the right to engage in the business of utility contracting unless such business holds a utility contractor license and there is regularly connected with such busi ness a person or persons who holds a valid utility manager certificate issued under this chapter. Such utility manager must be actually engaged in the performance of such business on a full-time basis and oversee the utility contracting work of all employees of the business. In cases where a sole proprietorship, partnership, or corporation has more than one perma nent office, then each permanent office shall be registered with the division and at least one person who holds a valid utility manager certificate issued under this chapter shall be sta tioned in each office on a full-time basis and shall oversee the utility contracting work of all employees of that office.
(c) Any corporation, partnership, or sole proprietorship desiring to qualify and be is sued a utility contractor license under the provisions of this subsection shall:
(1) Submit a completed application to the division on the form provided indicating:
(A) The maximum bid limit requested by the applicant;
{B) (A) The names and addresses of proprietor, partners, or officers of such applicant;

MONDAY, MARCH 14, 1994

1757

{} (B) The place and date such partnership was formed or such corporation was incor porated; and

{B} (C) The name of the qualifying utility manager holding a current certificate who is employed for each permanent office location of the business from which utility contracting is performed;

(2) Submit its safety policy which must meet the minimum standards established by the board;

(3) File a financial statement containing information as prescribed by the division;

(4) Submit additional information as the division at its discretion may require;

{6} (3) Pay or have paid the required fees; and

{6} (4) Not be otherwise in violation of this chapter.

(d) The decision of the division as to the qualifications of applicants shall, in the ab sence of fraud, be conclusive.

(e) It shall be the duty of the utility manager certificate holders and the licensed utility contractor to notify the division, in accordance with board rules, of severance of connection between such utility contractor and the utility manager certificate holder or holders upon whom the qualification of the utility contractor rested.

(f) In the event that a licensed utility contractor temporarily does not have employed a utility manager certificate holder to oversee its utility contacting work, upon notice by such utility contractor to the division within five days following the last day of employment of the utility manager certificate holder, the division shall grant the utility contractor a 90 day grace period in which to employ a utility manager certificate holder to oversee its utility contracting work before any action may be taken by the division to revoke the utility con tractor's license. The division may, at its discretion, upon application by the utility contrac tor showing good cause grant one additional 90 day grace period. Grace periods totaling not more than 180 days may be granted during any two-year period. Failure to have employed a utility manager certificate holder to oversee the utility contracting work of the utility con tractor shall be grounds for the revocation or suspension of the utility contractor license after a notice of hearing.

(g) All applicants for renewal of utility contractor licenses provided for by this Code section shall be required to submit with the required fee a completed application on a form provided by the division. Thia application shall include a financial statement containing information prescribed by the division, the name and certificate number of the qualifying utility manager, and such other information aa the division at ita diacrction may require.

(h) Financial statements required by thia Code section ahall contain information aa pro

scribed by the division. Such financial statements ahnll be reviewed by the joint secretary or

his OT her dcaigncc but shall not be inspected of reviewed by members of the board or

divisu leas there is a problc

mtrovcrsy arising pursuant to the provisions of this

dndr

._ :_.._!..: -- -..-u c_ uncial si

dcntial information and ahall not be a\

-*_ o.._i- c_ -- -:-l _i nt.mor.ta ahnll V.n <.r.nti.

oublic. The licenses granted uniic? this Code section shall stipulate the maximum limits on

which that licensee ia permitted to bid or perform in a single contract.

(i) Utility contractor licenses ahall set a limit on any single contract bid which the liccn^ ace may submit. The bid limit shall be baaed on the applicant's latcat financial statement. The utility contractor license shall limit single contract bida baaed on the applicant's net worth as reported in its latest financial statement as follows!

Glass

Bid Limit

Minimum Net Worth

A

Not to exceed $600,000.00

B

Not to exceed $1 million



Unlimited

$60,000.00 100,000.00 200,000.00

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JOURNAL OF THE SENATE

Should the applicant's financial statement fail to substantiate the limito requested by the
(1) The present market value in lieu of book value of Ii9tcd assets when properly sup ported with aubstantiating evidence, and
(2) A combined statement of the applicant that includes other wholly owned or sub stantially owned interests.
(j) Any utility contractor desiring to change the bid limit of that utility contractor's license ahall make application for revision of that license on the prescribed form furnished by the diviaion. The application ahall be supported by a current financial statement aa pre scribed by the board. Under no circumstances shall a utility contractor be permitted to bid in excess of that utility contractor's license bid limit prior to the time ouch revision is ef fected. The diviaion on ita own initiative may rcclassify the license of a utility contractor if the licensee no longer qualifies for the original classification.
W (h) After December 31, 1003 June 30, 1994, it shall be unlawful for any contracting body to open or consider any bid for utility contracting unless the bidder has obtained the license required by this Code section or intends to have the utility contracting work per formed by another person who has obtained such license, and evidenced by the The utility contractor license number of the person who will perform the utility work shall be written on the face of the bid envelope, unless otherwise provided. If 50 percent or more of any multifaceted project being bid is utility work, the bidder must have obtained a utility li cense and his or her number must be written on the face of the bid."
Section 5. Said chapter is further amended by striking in its entirety Code Section 4314-8.3, relating to utility managers and utility manager certificates, and inserting in lieu thereof a new Code Section 43-14-8.3 to read as follows:
"43-14-8.3. (a) After December 81, 1008 June 30, 1994, no person may be employed as a utility manager unless that person holds a current utility manager certificate issued by the Division of Utility Contractors.
(b) The division shall certify all applicants for certification under this chapter who sat isfy the requirements of this chapter and the rules and regulations promulgated under this chapter. Persons wishing to qualify for utility manager certification shall submit a com pleted application form documenting required experience and other qualifications as pre scribed by the board with the required fees and shall pass an examination.
(c) An applicant may request an oral administration of the examination."
Section 6. Said chapter is further amended by striking in its entirety Code Section 4314-8.4, relating to the certification of utility foremen, and inserting in lieu thereof a new Code Section 43-14-8.4 to read as follows:
"43-14-8.4. (a) After December 81, 1008 June 30, 1994, no person may be employed as a utility foreman unless that person holds a current utility foreman certificate issued by the Division of Utility Contractors.
(b) The division shall certify all applicants for certification under this chapter who sat isfy the requirements of this chapter and the rules and regulations promulgated under this chapter. One requirement for such certification shall be the successful completion of a course of safety training in utility contracting approved by the division. In lieu of safety training any person desiring to be issued a utility foreman certificate may submit a com pleted application on or before June 30, 1004 December 31, 1994, which documents to the satisfaction of the division at least two years of experience as a utility foreman during the period ef- between January 1, 1984, and December 31, 1993 June 30, 1994. Any person who does not submit a completed application for certification on or before Jwe-30, 1004 Decem ber 31, 1994, must complete the required safety training in order to be certified.
(c) After December 31, 1003 June 30, 1994, no utility system shall be constructed, erected, altered, or repaired unless a certified utility manager or certified utility foreman

MONDAY, MARCH 14, 1994

1759

who holds a current certification is present at the job site of such construction, erection, alteration, or repair of the utility system."
Section 7. Said chapter is further amended by striking subsection (1) of Code Section 43-14-13, relating to the exemption for utility contractor licensing on work performed for the Department of Transportation, in its entirety and inserting in lieu thereof a new subsec tion (1) to read as follows:
"(1) Any person qualified by the Department of Transportation to perform work utility contracting for the department shall not be required to be licensed under Code Section 4314-8.2 or certified under Code Section Sections 43-14-8.3 and 43-14-8.4 in order to perform work utility contracting for the department. Any person qualified by the Department of Transportation to perform work for the department shall not be required to be licensed under Code Section 43-14-8.2 or certified under Code Sections 43-14-8.3 and 43-14-8.4 in order to perform work for a county, municipality, authority, or other political subdivision when such work is of the same nature as that for which the person is qualified when per forming department work; provided, however, that such work is not performed on a utility system as defined in paragraph (17) of Code Section 43-14-2 for which the person receives compensation."
Section 8. HB 1193, Act No. 620, which changes the provisions relating to the licens ing of utility contractors, enacted at the 1994 regular session of the General Assembly and approved by the Governor on February 4, 1994, is hereby repealed in its entirety.
Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 10. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour
Baugh Blitch Boshears

Farrow Gillis Gochenour
Guhl Harbison Hemmer

nBroWuenn otfA46*t^h
Cheeks Qay Coleman Crotts Day Dean Edge Egan

|LH,,.e,,nson
Huggms Isakson KemP Langford of 29th Madden Marable
McGuire Middleton

Newbill Oliver Perdue
Pollard Ragan of llth Ragan of 32nd
is*. RRalston
Scott Slotin Starr Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Glanton

Parrish

Langford of 35th (excused)

Thompson

1760

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The President announced that the Senate would stand in recess from 12:00 until 12:20 P.M.
At 12:20 P.M., the President called the Senate to order.
The Calendar was resumed.
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.
Senate Sponsor: Senator Clay of the 37th.
Senator Oliver of the 42nd offered the following amendment:
Amend HB 533 by inserting on line 8 of page 1 between the word and symbol "revi sion;" and the word "to" the following:
"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;".
By inserting between lines 10 and 11 of page 4 the following:
"Section 2. Code Section 16-15-3 of the Official Code of Georgia Annotated, relating to definitions in the 'Georgia Street Gang Terrorism and Prevention Act,' is amended by strik ing paragraph (2) in its entirety and inserting in its place the following:
'(2) "Pattern of criminal gang activity" means the commission, attempted commission, or solicitation of two or more of the following offenses, provided at least one of those of fenses occurred after July 1, 1992, the last of those offenses occurred within three years after a prior offense, and the offenses are committed on separate occasions or by two or more persons:
(A) Aggravated assault, as defined in Code Section 16-5-21;
(B) Aggravated battery, as defined in Code Section 16-5-24;
(C) Robbery, as defined in Code Section 16-8-40;
(D) Armed robbery, as defined in Code Section 16-8-41;
(E) Murder or felony murder, as defined in Code Section 16-5-1;
(F) Voluntary manslaughter, as defined in Code Section 16-5-2;
(G) Involuntary manslaughter, as defined in Code Section 16-5-3;
(H) The unlawful sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture a controlled substance in violation of any provision of Article 2 of Chapter 13 of this title, the "Georgia Controlled Substances Act";
(I) Terroristic threats and acts, as defined in Code Section 16-11-37;
(J) Arson in the first degree, second degree, or third degree, as defined in Code Section 16-7-60, 16-7-61, or 16-7-62; et
(K) Influencing witnesses, as defined in Code Section 16-10-937 ; or

MONDAY, MARCH 14, 1994

1761

(L) Rape, as defined in Code Section 16-6-1.'"
By redesignating Section 2 as Section 3 .
On the adoption of the amendment, the yeas were 38, nays 0, and the Oliver amend ment was adopted.
Senators Langford of the 29th, Thompson of the 33rd, and Madden of the 47th offered the following amendment:
Amend HB 533 by striking the words "violent crime" and inserting in lieu thereof word "felony" on lines 6 and 7 of page 1.
By striking from lines 26 and 27 and from lines 28 and 29 of page 2 the following:
"which encompasses force or violence as an element of the offense".
By striking "; and" at the end of line 6 of page 4 and inserting in lieu thereof the following:
"and the first year of such sentence shall not be suspended, probated, deferred, or withheld;".
By striking line 10 of page 4 and inserting in lieu thereof the following:
"than ten years and the first three years of such sentence shall not be suspended, pro bated, deferred, or withheld; ami
(3) Upon conviction of the third or any subsequent offense, the defendant shall be im prisoned for not less than five years nor more than 20 years and the first five years of such sentence shall not be suspended, probated, deferred, or withheld.'".
Senator McGuire of the 30th offered the following amendment:
Amend the Langford amendment to HB 533 by striking on line 16 the word "ten" and inserting "twenty".
On the adoption of the amendment, the yeas were 39, nays 1, and the McGuire amend ment to the Langford et al. amendment was adopted.
On the adoption of the Langford amendment, the yeas were 35, nays 2, and the Lang ford et al. amendment was adopted as amended.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was follows:

Those voting in the affirmative were Senators:

Alien Baugh Blitch Boshears Broun of 46th Brown of 26th
urt n Xev Coleman Crotts Day Dean Edge Egan Farrow

Gillis Gochenour Guhl Harbison Hemmer Hengon
Isakson Kemp Lan*ford of 29th Madden Marable McGuire Middleton Newbill Oliver

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

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Those not voting were Senators:

Abernathy Balfour Bowen Glanton

Hill Hooks Huggins

Langford of 35th (excused) Parrish Thompson

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following general bill of the House, having been read the third time and final ac tion suspended on March 9, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:
HB 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.
Senate Sponsor: Senator Ragan of the llth.
The amendment to HB 1798 offered by Senator Crotts of the 17th on March 9, as amended, as it appears in the Journal of March 9, was automatically reconsidered and put upon its adoption.
Senator Abernathy of the 38th offered the following amendment:
Amend the Crotts amendment to HB 1798 by striking the amendment to H.B. 1798.
On the adoption of the amendment, the yeas were 8, nays 33, and the Abernathy amendment to the Crotts amendment to HB 1798 was lost.
Senator Henson of the 55th offered the following amendment:
Amend the Crotts amendment to HB 1798 by inserting at line 27 the following:
e) It shall be unlawful for any person or entity, including but not limited to any agency, instrumentality, or authority of the State or its political subdivision, to discriminate against any person as a result of such persons 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.
f) State agencies, counties, municipal corporations, and political subdivisions of this State are authorized to use or to print official documents and forms in any language other than the official language. Documents filed or recorded with a state agency or county must be in the official language or, if the original document is in a language other than the official language, an English translation must be simultaneously filed.
On the adoption of the amendment, the yeas were 37, nays 0, and the Henson amend ment to the Crotts amendment to HB 1798 was adopted.
On the adoption of the Crotts amendment, the yeas were 41, nays 0, and the Crotts amendment to HB 1798 was adopted as amended.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

MONDAY, MARCH 14, 1994

1763

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 B,,BCrhuoerute, onknsof 46th
Clay

Egan Farrow Gillis Glanton Gochenour Guhl HHTHTeeilnml smoner
Hooks

Coleman Crotts Day
Dean Edge

Huggins Isakson Kemp
Langford of 29th Madden

Marable McGuire Middleton Newbill Perdue Pollard nKD*a*g>an* ootff,. i3l,,il_2ttnund,
Ralston
"av Tay\or Thomas
Turner Tysinger

Those voting in the negative were Senators:

Brown of 26th Harbison

Oliver Scott

Slotin Walker

Those not voting were Senators:

Abernathy

Parrish

Langford of 35th (excused) Robinson

Starr Thompson

On the passage of the bill, the yeas were 44, nays 6. The bill, having received the requisite constitutional majority, was passed as amended. The following resolution was taken up to consider House action thereto:

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.
The House substitute was as follows:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assem bly may by general law approved by two-thirds of the members thereof provide for mandatory service of sentences for persons convicted of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery and, when so provided by such Act, the State Board of Pardons and Paroles shall not have the authority to consider such persons for pardon, parole, or commutation during that portion of the sen tence; to provide that the General Assembly in the same manner may provide for the impo sition of sentences of life without parole for persons convicted of murder and for persons who have been previously convicted of murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery and who subsequently commit and are convicted of one of such offenses and to prohibit such board from granting a pardon, parole, or commutation in such cases; to provide for the ratification and approval of certain previously enacted laws; to provide exceptions with respect to a person convicted of

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a crime who is subsequently determined to be innocent of said crime or is determined to be medically incapacitated and to provide an exception with respect to certain elderly persons; 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~tKe 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 poraon for pardon or parole until auch PcMon has aervcd at leaot five yearn in the penitentiary.
(2) The General Assembly may by general law approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote provide for minimum mandatory sentences and for sentences which are required to be served in their entirety for persons convicted of armed robbery, kidnapping, rape, aggravated child molestation, aggra vated sodomy, or aggravated sexual battery and, when so provided by such Act, the board shall not have the authority to consider such persons for pardon, parole, or commutation during that portion of the sentence.
(3) The General Assembly may by general law approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote provide for the imposition of sentences of life without parole for persons convicted of murder and for persons who having been previously convicted of murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery or having been previ ously 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 previous convic tion subsequently commits and is convicted of one of those offenses and, when so provided by such Act, the board shall not have the authority to consider such persons for pardon, parole, or commutation from any portion of such sentence.
(4) Any general law previously enacted by the General Assembly providing for life without parole or for mandatory service of sentences without suspension, probation, or parole is hereby ratified and approved but such provisions shall be subject to amendment or repeal by general law.*
"(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 or parole any person who is age 62 or older."
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 by general law approved by two-thirds of the members thereof provide for mandatory service of sentences for persons convicted of armed rob bery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery and, when so provided by such Act, the State Board of Pardons and Paroles shall not have the authority to consider such

MONDAY, MARCH 14, 1994

1765

persons for pardon, parole, or commutation during that portion of the sen tence; to provide that the General Assembly in the same manner may pro vide for the imposition of sentences of life without parole for persons con victed of murder and for persons who have been previously convicted of murder, armed robbery, kidnapping, rape, aggravated child molestation, ag gravated sodomy, or aggravated sexual battery and who subsequently com mit and are convicted of one of such offenses and to prohibit such board from granting a pardon, parole, or commutation in such cases; to provide for the ratification and approval of previously enacted laws providing for limi tations on suspension, probation, or parole in certain cases; and to provide exceptions with respect to a person convicted of a crime who is subse quently determined to be innocent of said crime or is determined to be medically incapacitated and to provide an exception with respect to certain elderly persons?"
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 Taylor of the 12th moved that the Senate agree to the House substitute to SR 395.
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 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
btarr Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Abernathy Glanton

Langford of 35th (excused) Robinson

Parrish

Thompson

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 395.

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JOURNAL OF THE SENATE

The Calendar was resumed.
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 the general public concerning their employment with or association with a law enforcement agency.
Senate Sponsor: Senator Cheeks of the 23rd.
The Senate Public Safety Committee offered the following substitute to HB 1886:
A BILL
To be entitled an Act 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; to prohibit persons from using law enforcement terminology, representations, or cer tain descriptive objects in connection with commercial activity, solicitation, telemarketing, fund raising, or other activity when the use of such terminology has not been approved by the chief executive officer of the agency; to require persons who have been approved to use such law enforcement terminology, representations, or descriptive objects relating to a law enforcement agency to file annual reports with the chief executive officer of such agency; to provide for the contents of such reports; to provide a short title; to provide for legislative findings and declarations; to define certain terms; to prohibit a chief executive officer of a law enforcement agency from granting persons the right to use law enforcement terminology which is misleading or contrary to the state's or political subdivision's interest in preserving the integrity of the agency; to prohibit the registration of corporations and the licensure or registration of persons with state agencies in cases where the name of the corporation or person is an unauthorized use of law enforcement terminology; to provide for civil remedies; to provide for venue; to authorize civil actions by persons who have suffered damages as a result of violations of this Act; to provide for criminal penalties; 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 35 of the Official Code of Georgia Annotated, relating to law enforce ment officers and agencies, is amended by adding following Chapter 9 a new Chapter 10 to read as follows:
"CHAPTER 10
35-10-1. This chapter shall be known and may be cited as the 'Law Enforcement Integ rity Act of 1994.'
35-10-2. The General Assembly finds and declares that it is contrary to the health, safety, and public welfare of the people of this state for any individual or organization to act in a manner which would mislead the public into believing that such individual or organiza tion is involved with a law enforcement agency when, in fact, the individual or organization is not involved or associated with such law enforcement agency.
35-10-3. As used in this chapter, the term:
(1) 'Agency' means and includes the Georgia Bureau of Investigation, the Department of Public Safety, a sheriffs office, a county police department, and a municipal police department.
(2) 'Badge' means any official badge currently or previously used by the chief executive officer or a deputy, officer, or other member of an agency.
(3) 'Chief executive officer' means:

MONDAY, MARCH 14, 1994

1767

(A) With respect to the Georgia Bureau of Investigation, the director of investigation;
(B) With respect to the Department of Public Safety, the commissioner of public safety;
(C) With respect to a sheriffs office, the sheriff; and
(D) With respect to a county or municipal police department, the chief of police.
(4) 'Emblem' means any official patch or other emblem worn or used by an agency to identify the agency or its employees.
(5) 'Employee' means a peace officer or other employee of an agency.
(6) 'Law enforcement terminology' means any terminology intended to indicate associa tion with, inclusion in, or endorsement by an agency or the chief executive officer or employ ees thereof including, but not limited to:
(A) With respect to the Georgia Bureau of Investigation, the term 'Georgia Bureau of Investigation,' 'GBI,' or 'agent of the Georgia Bureau of Investigation';
(B) With respect to the Department of Public Safety, the term 'Department of Public Safety,' 'Georgia State Patrol,' 'state patrol,' 'highway patrol,' 'state police,' 'state patrol man,' or 'trooper';
(C) With respect to a sheriffs office, the term 'sheriff,' 'deputy sheriff,' or 'sheriffs posse';
(D) With respect to a county police department, the term 'name of county County Po lice Department,' 'county police,' or 'police officer'; and
(E) With respect to a municipal police department, the term 'name of municipality Police Department,' 'municipal police,' 'city police,' or 'police officer.'
(7) 'Person' means an individual or any legal or commercial entity, including, by way of illustration and not limitation, a partnership, corporation, or association.
(8) 'Willful violator' means any person who knowingly violates the provisions of this chapter. Any person who violates this chapter after being advised in writing by the chief executive officer that such person's activity is in violation of this chapter shall be considered a willful violator. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator unless, upon learning of the violation, such person immediately terminates such agent or representative relationship with such violator.
35-10-4. (a) No person may use law enforcement terminology, any badge of an agency, or any emblem of an agency or make any representations concerning an agency in associa tion with any commercial activity, any solicitations, any telemarketing, any fundraising ac tivity, or any other activity where such use may lead the public to believe that the person is associated with an agency unless such person first obtains written permission from the chief executive officer of any such agency for such use. If such an organization represents that a specific agency is endorsing a fundraising enterprise, such organization shall obtain written permission from the chief executive officer of such agency. The grant of such permission shall be in the discretion of the chief executive officer, shall be for a period of six months subject to renewal in the discretion of the chief executive officer, and shall be under such other conditions as the chief executive officer may impose. However, under no circumstance may the chief executive officer grant permission for a person to use law enforcement termi nology, any badge, or any emblem or make any representations concerning an agency in association with any commercial activity, any solicitation, any telemarketing, any fundrais ing activity, or otherwise, where such use is misleading or is contrary to the state's or local political subdivision's interest in preserving the integrity of the agency.
(b) Any person using law enforcement terminology, any badge of an agency, or any

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emblem of an agency or making representations concerning an agency as a result of receiv ing written permission from the chief executive officer of the agency as provided in subsec tion (a) of this Code section shall be required to file an annual report with the chief execu tive officer evidencing:
(1) The total amount of any funds collected through any commercial activity, solicita tions, telemarketing, or other fundraising activity;
(2) The amount of such funds so collected which is used for administrative expenses, the amount which is used for fundraising expenses, and the amount which is used for pro gram services; and
(3) Such other information as required by such chief executive officer included in the statement of permission.
(c) The requirements of this Code section shall be in addition to and not in lieu of the requirements of Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of 1988.'
35-10-5. No person may register with the Secretary of State as a corporation or register or seek a license with any state agency or subdivision of this state if such person is register ing or seeking a license using a name which is an unauthorized use of law enforcement terminology.
35-10-6. (a) Whenever there shall be an actual or threatened violation of Code Section 35-10-4 or 35-10-5, the Attorney General on behalf of the Georgia Bureau of Investigation and the Department of Public Safety and the district attorney on behalf of an agency of a political subdivision shall have the right to apply to a court of competent jurisdiction for an injunction to restrain the violation.
(b) In addition to any other relief or sanction for violation of Code Section 35-10-4 or 35-10-5, where the violation is willful, the state shall be entitled to collect a civil penalty in the amount of not more than $1,000.00 for each violation involving the Georgia Bureau of Investigation and the Department of Public Safety; and the local political subdivision shall be entitled to collect a civil penalty in the amount of not more than $1,000.00 for each violation involving an agency of the political subdivision. Each occurrence of the unautho rized use of law enforcement terminology shall constitute a separate violation.
(c) (1) The Attorney General on behalf of the Georgia Bureau of Investigation and the Department of Public Safety shall be entitled to seek civil remedies in the Superior Court of Fulton County or in the superior court of the county of residence of the violator.
(2) The district attorney on behalf of an agency of a political subdivision wherein a violation of this chapter occurs and in which the district attorney has jurisdiction shall be entitled to seek civil remedies in the superior court of the county wherein the violation occurred.
35-10-7. Any person who has given money or any other item of value to another person as a result of a violation of this chapter may maintain a suit for damages against the viola tor. Where it is proven that the violation was willful, the victim may be entitled to recover reasonable attorney's fees.
35-10-8. A person who violates the provisions of this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both."
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.

MONDAY, MARCH 14, 1994

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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:

Alien Balfour
Baugh B"tch Boshears
owen BBrroowunn ooff 4266tthh rvd/-s^iiunaeryteoiicns Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton
Gochenour Guhl Harbison
Hemmer HHemnson nTH,,Touogkg, sins Isakson KemP Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan of llth
Ragan of 32nd Ralston
,,SK~ coo,btm.t son Slotin Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Parrish

Langford of 35th (excused)

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.
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.
Senate Sponsor: Senator Marable of the 52nd.
The Senate Education Committee offered the following substitute to HB 372:
A BILL
To be entitled an Act 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 random drug testing for all school bus drivers; to provide for random testing of school bus drivers for alcohol con sumption during working hours; to provide for cost and procedures; to provide for rules and regulations; to provide for disciplinary actions and termination from employment; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to school buses, is amended by adding a new Part 4 to read as follows:

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"Part 4
20-2-1120. As used in this part the term 'illegal drugs' shall include marijuana as de fined in paragraph (16) of Code Section 16-13-21, a controlled substance as defined in para graph (4) of Code Section 16-13-21, a dangerous drug as defined in Code Section 16-13-71, or any other controlled substance or dangerous drug that persons are prohibited by state or federal law from using, but shall not include any drug when used pursuant to a valid medi cal prescription or when used as otherwise authorized by state or federal law.
20-2-1121. (a) All persons employed as school bus drivers by any public school system in this state shall be subject to random testing for evidence of use of illegal drugs. Not less than 50 percent of the school bus drivers in each public school system shall be tested annu ally in one or more random tests. Such testing shall be noninvasive and may be conducted at any time during the calendar year, and the cost of all such testing shall be borne by the state, provided that, in the case of drivers whose salaries are exclusively funded by the local school system, the cost of such testing shall be borne by such local school system; and pro vided, further, that, in the case of drivers employed by private companies who have con tracted to provide school bus service to a county school system or an independent school system, the cost of such testing shall be borne by such private company. If the drug test shows the presence of drugs in the employee's system, the results of the test will be con firmed using an alternative method but the same urine sample.
(b) All persons employed as school bus drivers by any public school system in this state shall be subject to random testing for evidence of use of alcohol during the school day which testing may be carried out at any time within the school year and the cost of which shall be borne by the local board of education.
(c) The State Board of Education shall adopt rules and regulations to establish for purposes of testing and retesting for illegal drugs:
(1) Which illegal drugs will be the subject of testing;
(2) Methods for assuring minimal privacy intrusions during collection of body fluid specimens for such testing;
(3) Methods for assuring proper storage, transportation, and handling of such speci mens in order to ensure the integrity of the testing process;
(4) The identity of those persons entitled to the results of such tests and methods for ensuring that only authorized persons are given access to such results;
(5) A list of laboratories qualified to conduct established drug tests; and
(6) Procedures for school bus drivers, prior to the collection of body fluid specimens for such testing, to provide information to their employers regarding use of any drug pursuant to a medical prescription or as otherwise authorized by law which may affect the results of such test.
(d) The local boards of education shall adopt rules and regulations to establish for the random testing for the presence of alcohol:
(1) The portion of drivers in any school system that shall be selected for testing at each testing period;
(2) Methods for assuring that drivers are selected on a random basis;
(3) Methods for assuring minimal privacy intrusions during such testing;
(4) Methods for assuring proper storage, transportation, and handling of such speci mens in order to ensure the integrity of the testing process;
(5) Methods for the testing of the breath of school bus drivers for the presence of alco hol, such testing to be done by a peace officer or law enforcement agency;
(6) The identity of those persons entitled to the results of such tests and methods for ensuring that only authorized persons are given access to such results; and

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(7) A list of laboratories qualified to conduct such alcohol testing.
(e) The State Board of Education shall be authorized to adopt any other rules or regu lations it deems necessary to implement testing for illegal drug use under this part. The local boards of education shall be authorized to adopt any other rules or regulations deemed necessary to implement random testing for alcohol use under this part.
(f) Any rules or regulations adopted pursuant to this part shall be in compliance with Parts 40 and 382 of Title 49 of the Code of Federal Regulations.
20-2-1122. (a) A school bus driver found to have used an illegal drug shall be termi nated from his or her employment.
(b) A school bus driver found to have any measurable alcohol in his or her system during the school day shall be subject to disciplinary action at the discretion of the local board of education.
(c) A school bus driver who refuses to provide body fluid, when requested to do so in accordance with drug testing or random alcohol testing conducted pursuant to this part and rules and regulations promulgated under this part, shall be terminated from employment."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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 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 Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Hooks

Langford of 35th (excused) Taylor 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.

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The following bills of the House were read the first time and referred to committee:
HB 2020. 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 certain homesteads that are leased to certain residents of that county.
Referred to Committee on Urban and County Affairs.
HB 2048. By Representatives Hart of the 116th, Howard of the 118th, Brown of the 117th and Connell of the 115th: A bill to amend an Act creating the Civil Court of Richmond County, so as to provide for the duties and powers of the Chief Judge of said Court; to provide for the handling and transfer of cases within the Civil Court and Magistrate Court of Richmond County.
Referred to Committee on Urban and County Affairs.
HB 2052. 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 2054. By Representatives Snow of the 2nd and Joyce of the 1st: A bill to provide for the Magistrate Court of Walker County; to provide for the compensation of the chief magistrate.
Referred to Committee on Urban and County Affairs.
The following resolutions of the Senate were read and adopted:
SR 643. By Senators Edge of the 28th, Robinson of the 16th, Ray of the 19th and others: A resolution congratulating Senator David Ralston on his 40th Birthday.
SR 644. By Senators Gillis of the 20th, Scott of the 36th, Ray of the 19th and others: A resolution expressing regret at the illness of Senator Arthur Langford.
The Calendar was resumed.
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.
Senate Sponsor: Senator Coleman of the 1st.
The Senate Economic Development, Tourism and Cultural Affairs Committee offered the following amendment:
Amend HB 1136 by striking lines 20 and 21 of page 2 and inserting in their place the following:
"appearing in the court which handles misdemeanor traffic offenses for the county in which the terminal is located, in which event the amount of the".

MONDAY, MARCH 14, 1994

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On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears Bowen BrB>rroowunn oofcf 4o2<66?t4th.hu BChuerteokns Clay
Coleman Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer HuH-ieilnil son HHouogkgsins Kemp
Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston ^ DRQ o,b,,i.nson *l?ot.ln tarr
Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Isakson

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.
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. Senate Sponsor: Senator Blitch of the 7th.
The Senate Natural Resources Committee offered the following amendment: Amend HB 1512 by striking on lines 1 through 5 of page 2 the following: "to establish minimum income requirements for live bait shrimp dealerships to be de rived from the sale of bait shrimp and associated recreational fishing services, supplies, and accessories; to require proof of such minimum income;". By striking on line 4 of page 6 the following: "$5,000.00", and inserting in lieu thereof the following: "$2,000.00".

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By striking lines 29 through 34 on page 8 and lines 1 through 6 on page 9 and inserting in lieu thereof the following:
"(3) (4) No organisms other than shrimp may be held in live shrimp bait tanks; and
(4) (5) Freezer storage sufficient to freeze".
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 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 Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston ivay Robinson Scott Slotin Starr Thomas Thompson Turner Tysinger

Those not voting were Senators:

Brown of 26th Isakson

Langford of 35th (excused) Taylor

Parrish

Walker

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

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.
Senate Sponsor: Senator Henson of the 55th.
The Senate Rules Committee offered the following amendment: Amend HB 1551 by striking on line 16 of page 5 the following: "1999",
and inserting in lieu thereof the following: "1996".
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

MONDAY, MARCH 14, 1994

1775

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Boshears Bowen Broun of 46th BCC,,,lhuaeryteok, ns Coleman
Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson H-HHTioulogl k,gsins Kemp
Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston R nRcSocbowtmtTMsoTMn lotm
Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch Brown of 26th

Isakson Langford of 35th (excused)

Parrish 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.
Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.
The following bill was taken up to consider House action thereto:
HB 1810. By Representatives Banner 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.
Senator Gillis of the 20th moved that the Senate insist on its amendment to HB 1810.
On the motion, the yeas were 31, nays 0, and the Senate insisted on its amendment to HB 1810.
The Calendar was resumed.
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.
Senate Sponsor: Senator Slotin of the 39th.

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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 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

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 Alien Blitch

Brown of 26th

Parrish

Isakson

Robinson (presiding)

Langford of 35th (excused) Taylor

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 was taken up to consider the House action thereto:
HB 786. By Representatives Hudson of the 156th, Reaves of the 178th, Royal of the 164th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an ex emption for certain sales of fruits, nuts, vegetables, Vidalia onions, or truck crops.
Senator Gillis of the 20th moved that the Senate adhere to its amendment, and that a Conference Committee be appointed.
On the motion, the yeas were 36, nays 0, and the Senate adhered to its amendment to HB 786.
The President Pro Tempore appointed as a Conference Committee on the part of the Senate the following:
Senators Gillis of the 20th, Ragan of the llth and Huggins of the 53rd.

MONDAY, MARCH 14, 1994

1777

The Calendar was resumed.

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.
Senate Sponsor: Senator Perdue of the 18th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour
Baugh Blitch Boshears
Bwen Broun of 46th ^urto, n C/-,,heeks Coleman Crotts Day Dean Edge Egan Farrow

Gillis Glanton
Gochenour Guhl Harbison
Hemmer Hen8on Hill ,,Hook, s Huggms Isakson Kemp Langford of 29th Madden Marable McGuire

Newbill Oliver
Perdue Pollard Ragan of llth
Ragan of 32nd Ralston Ray cSco.t.t jjlotin Starr Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien

Middleton

Brown of 26th

Parrish

Langford of 35th (excused)

Robinson (presiding) Taylor

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 disagreed to the Senate substitute to the following bill of the House:
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.

1778

JOURNAL OF THE SENATE

The House has disagreed to the Senate amendment to the following bill of the House:
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.
The House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 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 Speaker has appointed on the part of the House, Representatives Cauthorn of the 35th, Sinkfield of the 57th and Lee of the 94th.
The House has agreed to the Senate substitute, as substituted by the House, to the following bill of the House:
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.
The Calendar was resumed.
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".
Senate Sponsor: Senator Starr of the 44th.
Senator Walker of the 22nd offered the following amendment:
Amend HB 1185 by renumbering Section 2 as Section 3 and by adding a new Section 2 which shall read as follows:
"Section 2. This Act shall become effective only upon the specific appropriation of funds for these additional students so that there shall be no dilution of tuition equalization grants to students attending the approved list of institutions as such list existed on March 1, 1994"
On the adoption of the amendment, the yeas were 34, nays 4, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

MONDAY, MARCH 14, 1994

1779

On 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 Dean Edge Egan

Farrow Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Madden Marable McGuire

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

Those not voting were Senators:

Alien Coleman Day Gillis

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

Ray Robinson (presiding) Thomas

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

HB 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.
Senate Sponsor: Senator Oliver of the 42nd.
Senator Oliver of the 42nd moved that HB 1417 be placed on the Table.
On the motion, the yeas were 35, nays 0, and HB 1417 was placed on the Table.

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.
Senate Sponsor: Senator Broun of the 46th.
The Senate Economic Development, Tourism and Cultural Affairs Committee offered the following amendment:
Amend HB 1503 by striking lines 23 and 24 of page 1 and inserting in lieu thereof the following:
"lottery retailer which are within the view of such." 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.

1780

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
t *u
RBrown o/f926tthK Burton Cheeks Clay
Crotts Day Dean Edge

Farrow Glanton Gochenour Harbison Hemmer
Se,fon
HHookvs Huggins Isakson Kemp
Langford of 29th Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard
Rag"11 of llth
R,, afg.anof32nd ^ton Kay Slotin
Taylor Thompson Turner Tysinger

Those not voting were Senators:

Alien Coleman Egan Gillis

Guhl Langford of 35th (excused) Parrish Robinson (presiding)

Scott Starr Thomas Walker

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

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.

Senate Sponsor: Senator Coleman of the 1st.

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 Crotts Day Dean 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 Scott Slotin Thompson Turner Tysinger Walker

MONDAY, MARCH 14, 1994

1781

Those not voting were Senators:

Alien Clay Coleman Edge

Henson Langford of 35th (excused) Parrish Robinson (presiding)

Starr Taylor Thomas

On the adoption of the resolution, the yeas were 45, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 614. By Senators Perdue of the 18th, Broun of the 46th, Tysinger of the 41st and Starr of the 44th:
A resolution creating the Senate Competitive Local Telephone Service Study Committee.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Brown of 26th Burton Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison Henson Hill Hooks Huggins Kemp Langford of 29th Madden Marable McGuire

Middleton Newbill Oliver Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Broun of 46th Coleman Hemmer

Isakson Langford of 35th (excused) Parrish Perdue

Robinson (presiding) Starr Thomas

On the adoption of the resolution, the yeas were 45, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
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

1782

JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Tysinger of the 41st.
The Senate Insurance and Labor Committee offered the following substitute to HB 527:
A BILL
To be entitled an Act 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 change the definitions of certain terms; 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 or except under certain other conditions; 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 34 of the Official Code of Georgia Annotated, relating to group workers' compensation self-insurance funds, is amended by striking in their entireties paragraphs (14) and (19) of Code Section 34-9-151, relating to definitions relative to group workers' compensation self-insurance funds, and inserting in lieu thereof the following:
"(14) 'Professional association' means a corporation or bona fide unincorporated associ ation which has been in business for at least five years and which is engaged in substantial activity for the benefit of its members, other than the sponsorship of a fund operated pursu ant to this article, and which is comprised of a bona fide group of like or similar employers who are engaged in the aamc or in substantially similar types of professions and have similar governing industry and National Council of Compensation Insurance Code classifications as approved by the Commissioner regarding workers' compensation and employers' liability insurance."
"(19) 'Trade association' means a corporation or unincorporated bona fide association which has been in business for at least five years and which is engaged in substantial activity for the benefit of its members, other than the sponsorship of a fund operated pursuant to this article, and which is comprised of a bona fide group of like or similar employers who are engaged in the same or in substantially similar typca of businesses or professions or similar business or profession within this state and who have similar governing industry classifications and National Council of Compensation Insurance Code classification as ap proved by the Commissioner regarding workers' compensation and employers' liability insurance."
Section 2. Said article is further amended by striking in its entirety Code Section 349-155, relating to admission of new members into such funds, and inserting in lieu thereof the following:
"34-9-155. (a) No person shall solicit membership or participation in any fund unless such person:
(1) Has a valid agent's license for property and casualty insurance or a counselor's li cense issued pursuant to Article 1 of Chapter 23 of Title 33; or
(2) Is an officer, director, or employee of:
(A) A professional association or trade association; or
(B) A corporation with its income exempt pursuant to Section 115 of the United States Internal Revenue Code.

MONDAY, MARCH 14, 1994

1783

(b) After the inception date of a fund, prospective new members of the fund shall sub mit an application for membership to the board of the fund and to the Commissioner on a form prescribed by the Commissioner. The board of the fund or the administrator, with the approval of the board of the fund, shall establish the net worth of the fund and the propor tionate share to be paid by each applicant to become a member of the fund. If the Commis sioner does not disapprove the application of a prospective new member within 90 days, the applicant, upon payment to the fund of its proportionate share determined in accordance with this article, shall be authorized to become a member of the fund, to enter into the intrastate agreement with the other members of the fund, and to share the liabilities and assets of the fund in accordance with its bylaws and with the applicable provisions of this article. The board of the fund may take into consideration the loss ratio of a prospective member in establishing such member's proportionate share, provided that, notwithstanding the provisions of this Code section, such prospective member's proportionate share shall be reasonable in relationship to the proportionate shares paid by the other members of the fund. Any group aggrieved by a determination of the board of the fund regarding the estab lishment of a member's proportionate share shall have the right to appeal such determina tion to the Commissioner."
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:

Abernathy 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 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

Those not voting were Senators:

Alien Coleman

Langford of 35th (excused) Robinson (presiding)

Parrish

Walker

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

1784

JOURNAL OF THE SENATE

The President resumed the Chair.

HR 712. By Representative Cauthorn of the 35th: Senate Sponsor: Senator Clay of the 37th.

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 juridiction, powers, rules of practice and procedure, and selection, qualifications, terms, and discipline of judges within classes of courts; to provide for a two-thirds' majority in each house to enact such legislation; to provide that such legislation shall name the judicial cir cuit, political subdivision, and existing courts affected and may grant certain equitable pow ers to such pilot program court but shall not deny equal protection of the laws to any per son; to provide for general law setting out a procedure for submission of such proposed legislation to the Judicial Council of Georgia; to provide for related matters; 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 I of the Constitution is amended by inserting a new Paragraph, to be designated Paragraph X, to read as follows:
"Paragraph X. Authorization for pilot projects. The General Assembly may by general law approved by a two-thirds' majority of the members of each house enact legislation pro viding for, as pilot programs of limited duration, courts which are not uniform within their classes in jurisdiction, powers, rules of practice and procedure, and selection, qualifications, terms, and discipline of judges for such pilot courts and other matters relative thereto. Such legislation shall name the political subdivision, judicial circuit, and existing courts affected and may, in addition to any other power, grant to such court created as a pilot program the power to issue process in the nature of mandamus, prohibition, specific performance, quo warranto, and injunction. The General Assembly shall provide by general law for a proce dure for submitting proposed legislation relating to such pilot programs to the Judicial Council of Georgia or its successor. Legislation enacted pursuant to this Paragraph shall not deny equal protection of the laws to any person in violation of Article I, Section I, Para graph II of this Constitution."
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, upon a two-thirds' majority vote of each house, to enact general legislation naming the political subdivision, judicial circuit, and existing courts affected and providing for, as pilot projects of limited duration, nonuniformity of jurisdiction, powers, rules of practice and procedure, and selection, qualifi cations, terms, and discipline of judges within classes of courts and granting certain equitable powers to such pilot program courts, as long as such legis lation does not deny equal protection of the laws to any person?"

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.

MONDAY, MARCH 14, 1994

1785

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 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

Those not voting were Senators:

Abernathy Alien Blitch

Henson Langford of 35th (excused) Parrish

Tysinger 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.

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.
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:

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

1786

JOURNAL OF THE SENATE

Huggins Isakson
KemP Madden ^ ^^ Marable McGuire Middleton Newbill

Oliver Perdue
Pollard Ragan f llth Ragan of 32nd Ralston Ray Robinson

Those not voting were Senators:

Abernathy Alien Blitch

Crotts Langford of 35th (excused)

Scott Slotin Starr Taylr Thomas Thompson Turner Tysinger
Parrish Walker

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

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 general changes and grammatical revisions and corrections in the oath of grand jurors.
Senate Sponsor: Senator Oliver of the 42nd.

Senator Oliver of the 42nd moved that HB 820 be placed on the Table. On the motion, the yeas were 31, nays 5, and HB 820 was placed on the Table.

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.
Senate Sponsor: Senator Cheeks of the 23rd.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh 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

MONDAY, MARCH 14, 1994

1787

Newbill Perdue PRoalglaanrdof llth
Ragan of 32nd
Ralston

Ray Robinson S-, co,t,t
slotln
Taylor

Thomas Thompson mTurner
Tysmger
Walker

Those not voting were Senators:

Alien Blitch Egan

Langford of 35th (excused) Parrish

Oliver

Starr

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Dean of the 31st asked unanimous consent that the following compensation resolutions, favorably reported by the committee, be read the third time and put upon their adoption, and that one roll call suffice; the consent was granted.

HR 124. By Representative Holland of the 157th: A resolution compensating Mr. Walter Lewis in the sum of $6,100.00. Senate Sponsor: Senator Dean of the 31st.

The Senate Appropriations Committee offered the following amendment to House Res olution 124:
On page 2, line 2 change to read "pay the sum of $3,000 to Mr. Walter Lewis as compensation".
On the adoption of the amendment, the yeas were 45, nays 5, 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 involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Harbison Hemmer Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Oliver

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

1788

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Edge

Guhl

Thomas

Egan

Newbill

Those not voting were Senators:

Alien Crotts

Henson Hill

Langford of 35th (excused) Parrish

On the adoption of the resolution, the yeas were 45, nays 5.
The resolution, having received the requisite constitutional majority, was adopted as amended.

HR 259. By Representatives Breedlove of the 85th and Carrell of the 87th: A resolution compensating Mr. Jimmy Helton in the sum of $200.00. 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 involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Harbison Hemmer Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Oliver

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

Those voting in the negative were Senators:

Edge

Guhl

Thomas

Egan

Newbill

Those not voting were Senators:

Alien Crotts

Henson Hill

Langford of 35th (excused) Parrish

On the adoption of the resolution, the yeas were 45, nays 5. The resolution, having received the requisite constitutional majority, was adopted.

MONDAY, MARCH 14, 1994

1789

HR 263. By Representatives Godbee of the 145th and Parrish of the 144th: A resolution compensating Mr. Craig J. Winkler in the sum of $1,400.00. 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 involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Harbison Hemmer Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Oliver

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

Those voting in the negative were Senators:

Edge

Guhl

Thomas

Egan

Newbill

Those not voting were Senators:

Alien Crotts

Henson Hill

Langford of 35th (excused) Parrish

On the adoption of the resolution, the yeas were 45, nays 5. The resolution, having received the requisite constitutional majority, was adopted.
HR 339. By Representative Groover of the 125th: A resolution compensating Ms. Shirley Selph in the sum of $13,000.00. Senate Sponsor: Senator Dean of the 31st.
The Senate Appropriations Committee offered the following amendment to House Res olution 339:
On page 1, line 9 change to read "authorized and directed to pay the sum of $8,000 to Ms.".
On the adoption of the amendment, the yeas were 45, nays 5, 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 as amended, was agreed to.
On the adoption of the resolution involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Harbison Hemmer Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Oliver

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

Those voting in the negative were Senators:

Edge

Guhl

Egan

Newbill

Thomas

Those not voting were Senators:

Alien Crotts

Henson Hill

Langford of 35th (excused) Parrish

On the adoption of the resolution, the yeas were 45, nays 5.
The resolution, having received the requisite constitutional majority, was adopted as amended.

HR 767. By Representative Ehrhart of the 36th: A resolution compensating Mr. Louis Horn III in the sum of $1,031.22. 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 involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th

Brown of 26th Burton Cheeks Clay Coleman Day Dean

Farrow Gillis Glanton Gochenour Harbison Hemmer Hooks

MONDAY, MARCH 14, 1994

1791

Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson

Those voting in the negative were Senators:

Edge Egan

Guhl Newbill

Those not voting were Senators:

Alien Crotts

Henson Hill

Scott Slotin Starr Taylor Thompson Turner Tysinger Walker
Thomas
Langford of 35th (excused) Parrish

On the adoption of the resolution, the yeas were 45, nays 5. The resolution, having received the requisite constitutional majority, was adopted.

HR 906. By Representative Scoggins of the 24th: A resolution compensating Mr. Nelson 0. Scoggins in the sum of $6,169.30. Senate Sponsor: Senator Dean of the 31st.

The Senate Appropriations Committee offered the following amendment to House Res olution 906:
Mr."On page 1, line 23 change to read "authorized and directed to pay the sum of $3,000 to

On the adoption of the amendment, the yeas were 45, nays 5, 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 involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Harbison Hemmer Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Oliver

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

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Edge Egan

Guhl Newbill

Thomas

Those not voting were Senators:

Alien Crotts

Henson Hill

Langford of 35th (excused) Parrish

On the adoption of the resolution, the yeas were 45, nays 5.
The resolution, having received the requisite constitutional majority, was agreed to as amended.

HR 926. By Representative Simpson of the 101st: A resolution compensating Mr. James C. Cook in the sum of $2,918.49. Senate Sponsor: Senator Dean of the 31st.

The Senate Appropriations Committee offered the following amendment to House Res olution 926:
On page 1, line 22 change to read "authorized and directed to pay the sum of $2,000 to Mr.".
On the adoption of the amendment, the yeas were 45, nays 5, 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 involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Harbison Hemmer Hooks Huggins Isakson Kemp Langford of 29th Madden Marable McGuire Middleton Oliver

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

Those voting in the negative were Senators:

Edge Egan

Guhl Newbill

Thomas

MONDAY, MARCH 14, 1994

1793

Those not voting were Senators:

Alien Crotts

Henson Hill

Langford of 35th (excused) Parrish

On the adoption of the resolution, the yeas were 45, nays 5.
The resolution, having received the requisite constitutional majority, was adopted as amended.

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.
Senate Sponsor: Senator Langford of the 29th.

The Senate Insurance and Labor Committee offered the following amendment:
Amend HB 914 by striking lines 32 and 33 of page 2 and inserting in lieu thereof the following:
"insurer shall possess when first authorized in this state and thereafter maintain sur plus or additional".
On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.
Senator Walker of the 22nd offered the following amendment:
Amend HB 914 by adding "to define certain terms; to provide for the use, restrictions, and violations of genetic testing;" after "surplus;" on line 8 of page 1 and by adding between lines 15 and 16 on page 3 a new Section 2.1 to read as follows:
"Section 2.1. Said chapter is further amended by adding a new Code Section 33-3-30 to read as follows:
'33-3-30. (a) As used in this chapter, the term:
(1) "Entity" means any accident and sickness, health, and disability insurance com pany, health maintenance organization, managed care organization, or other health and dis ability benefits payers.
(2) "Genetic testing" means information derived from molecular genetic or cytogenetic analyses which would indicate a predisposition for specific diseases. For purposes of this chapter, genetic testing shall not include routine physical measurements; chemical, blood, and urine analysis; tests for abuse of drugs; and tests for the presence of the human immu nodeficiency virus.
(b) Except as otherwise provided in this Code section, genetic testing shall be confiden tial and privileged and may only be conducted to obtain information for therapeutic or diag nostic purposes. Genetic testing may not be conducted without the prior written consent of the person tested. Information derived from genetic testing may not be sought or used by any entity for any nontherapeutic purpose.
(c) Subsection (b) of this Code section shall not apply to criminal investigations or pros ecutions or to any genetic testing research facility.
(d) Any violation of this chapter by an entity shall be subject to the provisions of Arti cle 1 of Chapter 6 of Title 33.' ".
On the adoption of the amendment, the yeas were 36, nays 1, and the amendment was adopted.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears
Bowen Broun of 46th urt n
jaeeks Coleman
CDraoytts Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison
Hemmer Henson Hooks
Huggins isakson
LKaenmgPford of 29th Madden Marable McGuire Middleton Newbill

Oliver Pollard Ragan of llth Ragan of 32nd
Ralston Ray Robinson
Scott flotin
TStaayrlror Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien Brown of 26th

Hill Langford of 35th (excused)

Parrish Perdue

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 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.
Senate Sponsor: Senator Perdue of the 18th.
The Senate Finance and Public Utilities Committee offered the following substitute to HB 1760:
A BILL
To be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for certain transfers of property which shall not constitute a breach of a covenant; to provide for additional conditions regarding the entering of a covenant for conservation use property; to provide for a termination option; to specify conditions under which certain persons may enter limitedduration covenants under a prior table of values; to change certain provisions regarding certain calculation limitations applicable to a prior table of values; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 14, 1994

1795

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in subsection (p) of Code Section 48-5-7.4, relating to bona fide conservation use property, by striking "or" at the end of paragraph (2); by striking the period at the end of paragraph (3) and inserting in its place "; or"; and by adding a new paragraph immediately following paragraph (3), to be designated paragraph (4), to read as follows:
"(4) (A) Any property which is subject to a covenant for bona fide conservation use being transferred to a place of religious worship or burial or an institution of purely public charity if such place or institution is qualified to receive the exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41. No person shall be enti tled to transfer more than 25 acres of such person's property in the aggregate under this paragraph.
(B) Any property transferred under subparagraph (A) of this paragraph shall not be used by the transferee for any purpose other than for a purpose which would entitle such property to the applicable exemption from ad valorem taxation provided for under subsec tion (a) of Code Section 48-5-41 or subsequently transferred until the expiration of the term of the covenant period. Any such use or transfer shall constitute a breach of the covenant."
Section 2. Said chapter is further amended by adding two new subsections at the end of Code Section 48-5-7.4, relating to bona fide conservation use property, to be designated subsections (v) and (w), to read as follows:
"(v) The owner of any property sought to be entered in a covenant under this Code section on or after the effective date of this subsection shall, as a condition thereof, agree that such covenant shall be subject to and affected by any subsequently enacted changes to this Code section and Code Section 48-5-269. In the event any such change affects such covenant so as to result in an increase of the conservation use assessment of the property which is the subject of that covenant by 15 percent or more from the current use value in effect in the covenant year immediately preceding the year in which such change becomes effective, such person shall be authorized to terminate such covenant. The option of such person to terminate a covenant under this subsection shall be exercised by the filing of a written request with the board of tax assessors indicating such person's desire to exercise this termination option on or before the last day for the payment of ad valorem taxes in such county for the taxable year immediately following the year in which such change in the law became effective. Any such termination shall not constitute a breach of the covenant under this Code section and no penalty for breach of a covenant under this Code section shall be applicable.
(w) The commissioner shall continue to compute a table of values established under subsection (a) of Code Section 48-5-269, in accordance with the law applicable to the tax year beginning on January 1, 1992, to be used to value property entered into a covenant during that tax year and the covenants valued thereunder for the remainder of the covenant period applicable to such persons shall be known as '92-Style' conservation use covenants. Such duty shall terminate with the tax year beginning January 1, 2001. With respect to any county for which the 'A2' benchmark value for agricultural land in the table of values estab lished by the commissioner for the tax year beginning on January 1, 1993, exceeds by 50 percent or more the 'C2' benchmark value for crop land in the table of values established by the commissioner for the tax year beginning on January 1, 1992, a person within such county desiring to enter into a conservation use covenant for any taxable year beginning on or after January 1, 1994, shall be authorized, at such person's option, to enter a 92-Style conservation use covenant. A person entering such covenant shall be governed by the prior law applicable to such covenants and the applicable table of values and such covenant shall expire on December 31, 2001."
Section 3. Said chapter is further amended by striking paragraph (3) of subsection (b)

1796

JOURNAL OF THE SENATE

of Code Section 48-5-269, relating to rules and regulations regarding conservation use prop erty, and inserting in its place a new paragraph (3) to read as follows:
"(3) In no event may the current use value of any conservation use property in the table of values established by the commissioner under this subsection for the taxable year begin ning January 1, 1993, increase or decrease by more than 15 percent from ita current uae vahte-aa act forth a reconstituted table of values consistent with this Code section using the data that was used in the table of values established by the commissioner under this subsec tion for the taxable year beginning January 1, 1992. In no event may the current use value of any conservation use property in the table of values established by the commissioner under this subsection for the taxable year beginning January 1, 1994, or any subsequent taxable year increase or decrease by more than 3 percent from its current use value as set forth in the table of values established by the commissioner under this subsection for the immediately preceding taxable year; and".
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Perdue of the 18th moved that HB 1760 be committed to the Senate Commit tee on Finance and Public Utilities.
On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1760 was com mitted to the Senate Committee on Finance and Public Utilities.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 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.
SB 493. By Senators Thompson of the 33rd, Oliver of the 42nd, Marable of the 52nd and Burton of the 5th:
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 House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 530. By Senators Marable of the 52nd, Dean of the 31st and Henson of the 55th:
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.

MONDAY, MARCH 14, 1994

1797

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

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.
The Calendar was resumed.

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.

Senate Sponsor: Senator Thompson of the 33rd.

Senator Guhl of the 45th offered the following amendment:
Amend HB 1544 by inserting on line 11, page 1, following Section "36-36-22; and before "to read" 36-36-23,
striking lines 13 & 14 on page 2 and inserting the following:

36-36-23. Notwithstanding any other provision of general or local law to the contrary, no county, municipality, or other political subdivision shall be authorized to exercise its power of eminent domain inside the boundaries of any other county, municipality, or other political subdivision except by contract with the county, municipality, or other political sub division affected.
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Burton Cheeks Clay

Crotts Edge Glanton Gochenour Guhl

McGuire Newbill
Thompson Tysinger

Those voting in the negative were Senators:

Abernathy Baugh Boshears Bowen Broun of 46th Coleman Day Dean Egan Farrow Gillis

Harbison Hemmer Henson Hill Huggins Kemp Langford of 29th Madden Marable Middleton Perdue

Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Slotin Starr Taylor Thomas Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Alien Brown of 26th Hooks

Isakson Langford of 35th (excused) Oliver

Parrish Scott Turner

On the adoption of the amendment, the yeas were 14, nays 33, and the amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Alien Burton Day

Hooks Isakson Langford of 35th (excused) Oliver

Parrish Scott Turner

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Henson of the 55th.
The Senate Natural Resources Committee offered the following amendment:
Amend HB 1521 by inserting on line 9 of page 1, immediately following the word and symbol "expelled;", the following:
"to exempt certain packaging from the prohibition against the sale of packages contain ing lead, cadmium, mercury, or hexavalent chromium;"
By striking line 4 of page 2 and inserting in lieu thereof the following:
"division shall be required to attempt by".

MONDAY, MARCH 14, 1994

1799

By inserting immediately following line 22 of page 5 the following:
"Section 5. Said title is further amended by striking in its entirety paragraph (5) of Code Section 12-8-161, relating to definitions relative to a prohibition against selling pack ages containing lead, cadmium, mercury, or hexavalent chromium, and inserting in lieu thereof the following:
'(5) "Packaging component" means any individual assembled part of a package, includ ing but not limited to interior and exterior blocking, bracing, cushioning, weatherproofing, exterior otrapping, coatings, closures, inks, labels, and tinplated steel, but specifically excluding steel strapping, that meets the American Society for Testing and Materials (ASTM) specification A-623.' "
By redesignating Sections 5 and 6 as Sections 6 and 7, respectively.
On the adoption of the amendment, the yeas were 0, nays 29, and the amendment was lost.
Senators Boshears of the 6th, Blitch of the 7th and Kemp of the 3rd offered the follow ing amendment:
Amend HB 1521 by striking line 9 on page 1 and inserting in lieu thereof the following:
"to authorize the director of the Environmental Protection Division of the Department of Natural Resources to request the Georgia State Financing and Investment Commission for the issuance 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 indebt edness; to provide conditions for a certain effective date;".
By inserting immediately before line 23 of page 5 the following:
"Section 5.1. Said title is further amended by striking the word "and" at the end of paragraph (4) 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 Re sources; by striking the symbol "." at the end of paragraph (5) of such subsection and in serting in lieu thereof the word and symbol "; and"; and by inserting at the end of such subsection the following:
'(6) To request the Georgia State Financing and Investment Commission for the issu ance of public debt to fund corrective action pursuant to this part; provided, however, that any moneys recovered from persons found to be legally liable for such corrective action shall be used to reduce any such public debt incurred.'".
By striking line 25 of page 5 and inserting in lieu thereof the following:
"without such approval; provided, however, that Section 5.1 of this Act shall become effective only upon the effective date of a duly ratified amendment to the Constitution au thorizing the state to incur indebtedness to fund activities associated with the investigation, detoxification, removal, and disposal of any hazardous wastes, hazardous constituents, or hazardous substances at certain sites."
On the adoption of the amendment, the yeas were 30, nays 0, and the Boshears et al. amendment was adopted.
Senators Henson of the 55th and Gillis of the 20th offered the following amendment:
Amend HB 1521 by inserting on line 9 of page 1, immediately following the word and symbol "expelled;", the following:
"to exempt certain packaging from the prohibition against the sale of packages contain ing lead, cadmium, mercury, or hexavalent chromium;".
By striking line 4 of page 2 and inserting in lieu thereof the following:
"division shall be required to attempt by".

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JOURNAL OF THE SENATE

By striking on line 6 on page 2 the word "Such" and inserting in lieu thereof the following:
"If the director finds that the public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in his or her order, such order may summarily provide for the immediate cassation of any activity constituting such viola tion. Whether negotiated or directed, such".
By inserting immediately following line 22 of page 5 the following:
"Section 5. Said title is further amended by striking in its entirety paragraph (5) of Code Section 12-8-161, relating to definitions relative to a prohibition against selling pack ages containing lead, cadmium, mercury, or hexavalent chromium, and inserting in lieu thereof the following:
'(5) "Packaging component" means any individual assembled part of a package, includ ing but not limited to interior and exterior blocking, bracing, cushioning, weatherproofing, exterior strapping except for steel strapping which contains less than 100 ppm lead, coat ings, closures, inks, labels, and tinplated steel that meets the American Society for Testing and Materials (ASTM) specification A-623.'".
By redesignating Sections 5 and 6 as Sections 6 and 7, respectively.
Senator Henson of the 55th offered the following amendment:
Amend the Henson and Gillis amendment to HB 1521 by striking on line 15 after the word welfare and before the word requires the word; "imperatively"
On the adoption of the amendment, the yeas were 30, nays 0, and the Henson amend ment to the Henson and Gillis amendment was adopted.
On the adoption of the amendment, the yeas were 29, nays 0, and the Henson and Gillis amendment to HB 1521 was adopted as amended.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Newbill Oliver Perdue Pollard Ragan of 32nd Ralston %~~ ,,*ofb.'nson
*fot.t Slotm
starr Taylor Thompson Turner Walker

Those not voting were Senators:

Alien Crotts Egan

Glanton Langford of 35th (excused) Parrish

Ragan of llth Thomas Tysinger

MONDAY, MARCH 14, 1994

1801

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.

HB 492. By Representatives Mueller of the 152nd, Purcell of the 147th, Dixon of the 150th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to pro vide for a presumption that proficiency in Braille reading and writing is essential for the education of blind students; to provide for an inventory of Braille skills.
Senate Sponsor: Senator Newbill of the 56th.

Senator Newbill of the 56th offered the following amendment: Amend HB 492 by striking from line 9 on page 3 the following words: "as the primary mode for learning",
so that such line reads as follows: "implemented". 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 Balfour
Baugh Blitch Boshears
nBrounn offA4^6tih. Brown^th

Gillis Glanton Gochenour Guhl Harbison
HHeenm8moner

Cheeks Coleman Day Dean Edge Egan Farrow

Huggms Isakson Kemp Langford of 29th Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard
RRaaglsatnonof llth
Scott Slotin Starr Taylor Thompson Turner Walker

Those not voting were Senators:

Alien Clay Crotts Hooks

Langford of 35th (excused) Parrish Ragan of 32nd

Robinson (presiding) Thomas Tysinger

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

1802

JOURNAL OF THE SENATE

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 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 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.
The Speaker has appointed on the part of the House, Representatives Skipper of the 137th, Childers of the 13th and Carrell of the 87th.
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 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.
The Speaker has appointed on the part of the House, Representatives Godbee of the 145th, Purcell of the 147th and Sherrill of the 62nd.
The House has disagreed to the Senate substitute to the following bill of the House:
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 Calendar was resumed.
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.
Senate Sponsor: Senator Egan of the 40th.

MONDAY, MARCH 14, 1994

1803

The Senate Science Technology and Industry Committee offered the following amendment:
Amend HB 1390 by striking from line 5 of page 7 the following:
"January 1, 1995.",
and inserting in lieu thereof the following:
"July 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 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
BroWuenn o*f 46th. Brown of 26th Burton Coleman Day Dean Edge Egan Farrow

Glanton Gochenour Guhl Harbison Hemmer

HHe.,n, son

TM l*akson

emP J

,_

Langford of 29th

Madden

Marable

McGuire

Middleton

Newbill Oliver Pollard Ragan of llth Ragan of 32nd
R,, alston Ra>L Scott Starr Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Alien Cheeks Crotts Gillis

Hooks Huggins Langford of 35th (excused) Parrish

Perdue Robinson (presiding) Slotin Tysinger

On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The President resumed the Chair.

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.
Senate Sponsor: Senator Perdue of the 18th.

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The Senate Finance and Public Utilities Committee offered the following substitute to HB 1642:
A BILL
To be entitled an Act 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 50,000 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 responsible for the collection and admin istration of the intangible recording tax; to provide for a definition; to provide for the pow ers, duties, and responsibilities of clerks of the superior court with respect 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 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible recording tax, is amended by striking Code Section 48-6-60, relat ing to definitions regarding the intangible recording tax, and inserting in its place a new Code Section 48-6-60 to read as follows:
"48-6-60. As used in this article, the term:
(1) 'Collecting officer' means the tax collector or tax commissioner of the county; pro vided, however, that in each county of this state having a population of 50,000 or more according to the United States decennial census of 1990 or any future such census, collecting officer means the clerk of the superior court of the county.
{i} (2) 'Instrument' or 'security instrument' means any written document presented for recordirigTbr the purpose of conveying or creating a lien or encumbrance on real estate for the purpose of securing a long-term note secured by real estate.
{2} (3) 'Long-term note secured by real estate' means any note representing credits se cured by real estate by means of mortgages, deeds to secure debt, purchase money deeds to secure debt, bonds for title, or any other form of security instrument, when any part of the principal of the note falls due more than three years from the date of the note or from the date of any instrument executed to secure the note and conveying or creating a lien or encumbrance on real estate for such purpose.
(8) (4) 'Short-term note secured by real estate' means any note which would be a longterm note secured by real estate were it not for the fact that the whole of the principal of the note falls due within three years from the date of the note or from the date of any instrument executed to secure the note."
Section 2. Said article is further amended by striking Code Section 48-6-61, relating to filing of certain instruments, and inserting in its place a new Code Section 48-6-61, to read as follows:
"48-6-61. Every holder of a long-term note secured by real estate shall, within 90 days from the date of the instrument executed to secure the note, record the security instrument in the county in which is located the real estate conveyed or encumbered or upon which a lien is created to secure the note and shall present, prior to presenting the instrument to the clerk of superior court for recording, the security instrument to the tax collector Of tax commissioner collecting officer of the county in which the real estate is located. The te* collector or tax commissieBef collecting officer shall determine from the face of the security instrument the date of execution of the instrument, the maturity date of the note, and the principal amount of the note. There is imposed on each instrument an intangible recording tax at the rate of $1.50 for each $500.00 or fraction thereof of the face amount of the note secured by the recording of the security instrument. The tax collector or tax commissioner collecting officer shall collect the tax due on the security instrument from the holder of the instrument. If the security instrument reflects an amount greater than the principal amount of the note and, at the time the security instrument is presented for recording, the holder of the note also presents for recording with the security instrument his said holder's sworn statement itemizing the principal amount of the note and the other charges included within

MONDAY, MARCH 14, 1994

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the amount shown on the face of the security instrument, the tax collector or tax commia siener collecting officer shall determine the principal amount of the note from the sworn statement. The maximum amount of any intangible recording tax payable as provided in this Code section with respect to any single note shall be $25,000.00."
Section 3. Said article is further amended by striking Code Section 48-6-62, relating to tax payment certification, and inserting in its place a new Code Section 48-6-62, to read as follows:
"48-6-62. (a) (1) Upon payment of the correct tax as disclosed from the information recited on the face of the security instrument, the tax collector of tax commissioner cpllecting officer shall enter upon or attach to the security instrument a certification that the in tangible recording tax as provided by Code Section 48-6-61 has been paid, the date, and the amount of the tax. The certificate shall be signed by the tax collector of tax commissioner collecting officer or his said officer's deputy. The holder of a security instrument upon which the tax has been paid as provided by this article may then present the security instrument together with the certificate to the clerk of superior court of the county in which the real property is located, who may then file the security instrument for record. It is the intention of the General Assembly that the intangible tax levied by Code Section 48-6-61 shall be paid to the tax collector or tax commissioner collecting officer prior to and as a prerequisite to the filing for record of the real property instrument securing the note with the clerk of superior court and that the clerk shall not be permitted to file the instrument for record unless the security instrument discloses on its face the principal amount of the note, the date executed, the due date, and the certificate of the tax collector or tax commissioner collecting officer or his said officer's deputy showing that the tax has been paid on the in strument. Presentation for recording of a sworn statement as to the principal amount of the note, as authorized in Code Section 48-6-61, shall suffice for purposes of permitting the filing of a security instrument which is in compliance with this paragraph other than for the fact that the security instrument does not disclose the principal amount of the note.
(2) However, any instrument otherwise in a form sufficient for recording and actually recorded by the clerk of superior court shall constitute legal notice of the interest and title of the holder of the note in and to the real estate which, under the instrument, secures a long-term note; and this paragraph shall apply even if the intangibles tax, interest, and penalty, if any, required by this article have not been paid.
(3) The certificate entered upon or attached to the security instrument shall be re corded with the security instrument, shall be in the form required by the commissioner, and shall in each instance bear the signature of the tax collector or tax commiaaioncr collecting officer or iris said officer's deputy.
(b) In the case of a new note or modification of a preexisting note, when the instrument securing the new note or modification is taxable under Code Section 48-6-61 and is secured by a previously recorded instrument which requires no further recording, the holder of the instrument, in lieu of recording a new or amended instrument as provided for in subsection (a) of this Code section, may elect alternatively to execute a sworn affidavit in the form required by the commissioner, which affidavit shall set forth the information required by Code Section 48-6-66. The holder of the instrument shall present the sworn affidavit to the tax collector or tax commiaaioncr collecting officer of the county in which the real estate is located. The tax collector or tax commissioner shall collect from the holder the tax due under Code Section 48-6-61 and upon payment of the tax shall enter upon or attach to the affidavit the certification provided for in subsection (a) of this Code section. The certifica tion shall evidence the payment of the required tax with respect to the new instrument or modification."
Section 4. Said article is further amended by striking subsection (a) of Code Section 48-6-69, relating to recording, payment, and certification procedures, and inserting in its place a new subsection (a) to read as follows:
"(a) If any instrument required to be recorded by this article conveys, encumbers, or

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creates a lien upon real property located in more than one county, the tax imposed by this article shall be paid to the tax collector or tax commissioner collecting officer of the county in which the instrument is first recorded. When the certificate of the tax collector orgeat commissioner collecting officer acknowledging that the tax imposed by Code Section 48-6-61 has been paid has been entered on the security instrument, such instrument may thereafter be recorded in any other county of this state without payment of any further tax."
Section 5. Said article is further amended by striking Code Section 48-6-72, relating to collection and distribution of revenue, and inserting in its place a new Code Section 48-6-72 to read as follows:
"48-6-72. (a) The intangible recording tax imposed by Code Section 48-6-61 upon in struments securing long-term notes secured by real property shall be collected by the teat collector or tax commissioner collecting officer of each county and he said officer shall make the distributions as provided in Article 2 of this chapter.
(b) The governing authority of each county shall take into consideration any increase or decrease in the duties and responsibilities of the offices of the tax commissioner and the clerk of the superior court required by this article in establishing the annual budget for each such office."
Section 6. Said article is further amended by striking Code Section 48-6-73, relating to reports and distributions, and inserting in its place a new Code Section 48-6-73 to read as follows:
"48-6-73. Each tax collector and tax commissioner collecting officer shall make a report to the commissioner on the first day of each month on forms prescribed by the commis sioner of all sums collected and remitted under this article for the preceding month. Each report shall additionally show the principal amount of each note, the date of execution, and the maturity date of each note as stated on the face of the security instrument to be re corded. The tax collector or tax commissioner-collecting officer shall retain 6 percent of the tax collected as compensation for his said officer's services in collecting the tax. All such taxes shall be deemed to have been collected by the tax collector or tax commissioner collecting officer in fere said officer's official capacity. Failure to collect and distribute the tax as provided by law shall constitute a breach of the official duty and of the official bond of the tax collector or tax commiaaienef collecting officer. In each county in which the tax collector or tax commissioner collecting officer is on a salary, the 6 percent commission allowed by this Code section shall be paid into the county treasury and shall become county property. The long-term notes secured by real property upon which this tax is based shall not be placed upon the property tax digest prepared and maintained by the tax receiver. It is the intention of the General Assembly that the 6 percent commission permitted under this arti cle for the collection and distribution of this tax by the tax collector or tax commissioner collecting officer shall be the only compensation permitted to any tax collector of tax com missioner collecting officer with respect to this tax. In counties having a population of more than 500,000, according to the United States decennial census of 1990 or any future such census, however, the commission allowed under this article as compensation to the tax col lector or tax commissioner collecting officer shall be 4 percent."
Section 7. Said article is further amended by striking Code Section 48-6-75, relating to additional collection procedures, and inserting in its place a new Code Section 48-6-75 to read as follows:
"48-6-75. In the event the tax collector or tax commissioner collecting officer required to collect the tax imposed by Code Section 48-6-61 is temporarily absent from hre^aid officer's office for reasons of health, vacation, or otherwise, fee said officer shall designate the clcrk-trf superior court or other another qualified person as hia deputy to be on duty to collect the intangible recording tax in hits" said officer's absence. In the event of the death of the te* collector or tax commissioner collecting officer, the county governing authority shall imme diately designate the clerk of superior court or other another qualified person to collect the

MONDAY, MARCH 14, 1994

1807

tax until a new tax collector or tax commissioner collecting officer qualifies for the position as required by law."
Section 8. Said article is further amended by striking Code Section 48-6-76, relating to protest procedures, and inserting in its place a new Code Section 48-6-76 to read as follows:
"48-6-76. (a) If a taxpayer files with the tax collector or tax commissioner collecting officer at the time of payment of tax as provided in Code Section 48-6-61 a written protest in duplicate of the collection or any part of the collection of the tax as erroneous or illegal, the tax collector or tax commissioner collecting officer receiving the payment under written protest shall be deemed to have made a conditional collection of the protested amount of the payment. Each protested collection shall be effective to discharge any duty of the tax payer to pay the tax and to require the tax collector or tax commissioner collecting officer to enter upon or attach to the instrument securing the obligation upon which the tax is claimed to be due a certification in the form prescribed in Code Section 48-6-62 of the fact that the intangible recording tax as provided by Code Section 48-6-61 has been paid. Each collection as provided in this Code section shall be subject to the conditions set forth in this article as to refund upon determination by the commissioner or by final judgment in a re fund action that the collection was erroneous or illegal.
(b) A tax collector or tax commissioner collecting officer receiving a payment under written protest shall deposit the protested amount of the payment in a separate account in a bank approved as a depository for state funds, shall hold the protested amount as a special escrow fund for the purposes provided in this article, and, except as provided in this Code section, shall not distribute the amount under Code Section 48-6-74 or retain from the amount or pay into the county treasury any commission under Code Section 48-6-73. Imme diately upon receiving a payment under written protest, the tax collector or tax eommisstone* collecting officer shall forward to the commissioner one executed copy of the protest.
(c) The taxpayer making a payment under written protest may file at any time within 30 days after the date of the payment a claim for refund of the protested amount of the payment with the commissioner. Each claim shall be in writing, shall be in the form and contain such information as the commissioner requires, and shall include a summary state ment of the grounds upon which the taxpayer relies in contending that the collection of the amount was erroneous or illegal. A copy of the claim shall be filed by the taxpayer within the 30 day period with the tax collector or tax commissioner collecting officer or his said officer's successor who collected the protested amount.
(d) The commissioner shall consider the claim for refund and shall approve or deny it and shall notify the taxpayer and the tax collector or tax commissioner collecting officer or his said officer's successor who collected the protested amount of his said officer's action. If the commissioner approves the claim in whole or in part, the tax collector or "tax commissieser collecting officer or his said officer's successor shall forthwith pay to the taxpayer the amount so approved, without interest, from the special escrow fund held by him said officer, and no appropriation or further authorization shall be necessary to authorize and require the payment to the taxpayer from the special escrow fund.
(e) (1) Any taxpayer whose claim for refund is denied entirely or in part by the commis sioner or with respect to whose claim no decision is rendered by the commissioner within 30 days from the date of filing the claim shall have the right to bring an action for refund of the amount so claimed and not approved against the tax collector or tax commioaioncr col lecting officer or his said officer's successor who collected the amount, in his said officer's official capacity, in the superior court of the county whose official collected the amount.
(2) No action for refund shall be brought after the expiration of 60 days from the date of denial of the taxpayer's claim for refund by the commissioner.
(3) For the purposes of this Code section, a failure by the commissioner to grant or deny the taxpayer's claim for refund within the 30 day period shall not constitute a con structive denial of the claim.
(f) The commissioner in his said commissioner's official capacity shall be made a party

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defendant to each action for refund in order that the interests of the state may be repre sented in the action, and the Attorney General shall represent the defendants in each ac tion. If it is determined in the action that the amount claimed by the taxpayer was errone ously or illegally collected from the taxpayer, the taxpayer shall be entitled to judgment against the defendant county tax official in his said tax official's official capacity for the amount erroneously or illegally collected, without interest to the date of judgment. Court costs charged against the defendant in such an action and any interest payable on a judg ment in favor of the taxpayer in such an action for a period before the judgment becomes final shall be paid by the commissioner as part of the expenses of administering this article. The principal amount of a final judgment in favor of the taxpayer in such an action, exclu sive of court costs, shall be paid forthwith to the taxpayer by the defendant county tax official from the special escrow fund, and no appropriation or further authorization shall be necessary to authorize and require the payment of a judgment from the special escrow fund.
(g) (1) Upon expiration of the period for filing a claim for refund of a protested pay ment without any claim being filed, upon expiration of the period for filing an action for refund of a protested payment without any action being filed, upon dismissal of such an action, or upon final judgment in such an action, whichever event occurs first, the tax collec tor or tax commissioner collecting officer holding the protested amount in a special escrow fund shall retain from that portion of the amount which is not payable to the protesting taxpayer or shall pay into the county treasury, as provided in Code Section 48-6-73, the percentage of such portion which is allowed by Code Section 48-6-73 as compensation for his such collecting officer's services in collecting the tax.
(2) The balance of the portion after the deduction provided in paragraph (1) of this subsection shall be distributed as provided in Code Section 48-6-74 with respect to revenues derived, for the year during which the amount was paid by the taxpayer, from the intangible recording tax imposed by this article."
Section 9. This Act shall become effective on January 1, 1995.
Section 10. All laws and parts of laws in conflict with this Act are repealed.
Senators Pollard of the 24th and Perdue of the 18th offered the following amendment:
Amend the Senate Finance and Public Utilities Committee substitute to HB 1642 by inserting between "office" and the period on line 13 of page 7 the following:
"and, where applicable, the affected officers shall cooperate fully in any transferring of responsibilities required under this Code section".
On the adoption of the amendment, the yeas were 35, nays 1, and the Pollard and Perdue amendment 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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton

Cheeks Clay Crotts Day Dean Edge Egan Farrow Glanton

Gochenour Guhl Harbison Henson Hill Huggins Isakson Kemp Langford of 29th

MONDAY, MARCH 14, 1994

1809

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:

Alien Coleman Gillis

Hemmer

Parrish

Hooks

Walker

Langford of 35th (excused1)

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.

HB 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.
Senate Sponsor: Senator Robinson of the 16th.

The Senate Judiciary Committee offered the following amendment:
Amend HB 1784 by striking lines 26 and 27 of page 1 and inserting in their place the following:
"sheriff consents to such designation, the period of confinement does not exceed two years,~and the place of incarceration is in the county of venue for the trial of the offense.' "
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th
PCuheeks CCloalyeman Crotts
Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson
Hooks HIsuakgsgoinns Kemp
Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd
R0 ob.i..nson Jloottltn Tavlor
Thomas Thompson Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Alien Blitch

Langford of 35th (excused) Parrish

Ray Starr

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 Robinson of the 16th, President Pro Tempore, assumed the Chair. The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 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.
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 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.
The Speaker has appointed on the part of the House, Representatives Harris of the 112th, Porter of the 143rd and Jamieson of the 22nd.
The Calendar was resumed.
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.
Senate Sponsor: Senator Huggins of the 53rd.
The Senate Transportation Committee offered the following amendment: Amend HB 1767 by striking on line 2 of page 2: "1-75"
and by inserting in lieu thereof the following: "1-59".

MONDAY, MARCH 14, 1994

1811

On the adoption of the amendment, Senator Robinson of the 16th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh 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 nuggms Isakson Kemp Langford of 29th Madden Marable McGuire Middleton

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

Those not voting were Senators:

Abernathy Alien Blitch

Langford of 35th (excused) Ray

Parrish

Robinson (presiding)

On the adoption of the amendment, the yeas were 49, nays 0, and the committee amendment was adopted.
Senator Middleton of the 50th offered the following amendment:
Amend HB 1767 by deleting item (15) lines 2 and 3 of page 2
On the adoption of the amendment, the yeas were 15, nays 29, and the Middleton amendment was lost.
Senator Slotin of the 39th offered the following amendment:
Amend HB 1767 as follows:
after "Outer Perimeter;" on line 1 of page 2 add "provided, however, that no action shall be taken on construction of the Outer Perimeter, including but not limited to acquisi tion of rights-of-way, development of plans and specifications, and letting of contracts for construction until construction has been completed on all other corridors in the Develop mental Highway System;"
On the adoption of the amendment, the yeas were 10, nays 28, and the Slotin amend ment was lost.
Senator Taylor of the 12th offered the following amendment:
Amend HB 1767 by striking on line 16 of page 1 the words Corridor Z; and inserting the words "The South Georgia Parkway;"
On the adoption of the amendment, the yeas were 38, nays 0, and the Taylor amend ment 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:

Balfour Baugh Boshears Bowen Broun of 46th Burton Cheeks Clay Coleman Crotts Day Dean Farrow

Gillis Gochenour Guhl Harbison Hemmer Henson Hill Huggins Isakson Kemp Langford of 29th Madden Marable

McGuire Newbill Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Blitch Brown of 26th Edge

Egan Glanton Middleton

Oliver Slotin Starr

Those not voting were Senators:

Abernathy Alien Hooks

Langford of 35th (excused) Thomas

Parrish "

Walker

Robinson (presiding)

On the passage of the bill, the yeas were 39, nays 9. The bill, having received the requisite constitutional majority, was passed as amended. The following bill was taken up to consider House action thereto:

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.
The House amendment was as follows:
Amend the Senate amendment to HB 1398 by adding on line 12 after the word "Gen eral" and before ".."
", effective January 1, 1995".
Senator Oliver of the 42nd moved that the Senate agree to the House amendment to the Senate amendment to HB 1398.
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

Burton Clay Coleman

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1813

Crotts Day Edge E&an arrow Xla"t0n Gochenour
Harbison Hemmer Henson Hooks

Huggins Isakson Langford of 29th Madden Marable McGuire M,i.d.d,l,eton Oliver Perdue Pollard Ragan of llth

Ragan of 32nd Ralston Ray Scott Slotin Starr m Tayilor Thomas Thompson Turner Tysinger

Voting in the negative was Senator Newbill.

Those not voting were Senators:

Alien Broun of 46th Brown of 26th Cheeks

Dean Gillis Hill Kemp

Langford of 35th (excused) Parrish Robinson (presiding) Walker

On the motion, the yeas were 43, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1398.

The Calendar was resumed.

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.

Senate Sponsor: Senator Thomas of the 10th.

The Senate Science, Technology and Industry Committee offered the following amendment:
Amend HB 965 by striking line 8 on page 2 and inserting in lieu thereof the following:
"clearly containing only the following".
On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Bowen Brown of 26th Burton Clay Coleman

Crotts Day Dean Farrow Glanton Gochenour Guhl Harbison Hemmer

Henson Hill Hooks Huggins Isakson Kemp Madden Marable McGuire

1814

JOURNAL OF THE SENATE

Middleton Newbill Oliver Perdue Pollard Ragan of llth

Ragan of 32nd Ray Scott Slotin Starr

Those not voting were Senators:

Thomas Thompson Turner Tysinger Walker

Abernathy ABrlloeunn of 46th Cheeks Edge

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

Parrish Ralston Robinson (presiding) Taylor

On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

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.
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
Clay Coleman Crotts Day Dean Edge Egan

Farrow Glanton Gochenour Guhl Harbison Hemmer Henson HHoilol ks
Huggins Kemp Madden McGuire Middleton Newbill Oliver

Those not voting were Senators:

Perdue Pollard Ragan of llth Ragan of 32nd Ralston j^ o .. ,lotl.n
Taylor Thomas Thompson Turner Tysinger Walker

Allen Cheeks Gillis

Isakson

Marable

Langford of 35th (excused) Parrish

Langford of 29th

Robinson (presiding)

MONDAY, MARCH 14, 1994

1815

On the adoption of the resolution, the yeas were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
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.
Senate Sponsor: Senator Robinson of the 16th.
The Senate Judiciary Committee offered the following substitute to HB 828:
A BILL
To be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for the comprehensive regulation of discov ery and inspection in criminal cases; to provide for conditions, limitations, and procedures with respect thereto; to change certain provisions regarding the furnishing of indictments, accusations, and witness lists and the permitting of certain witnesses to testify; to provide for definitions; to provide for applicability; to provide for disclosure of evidence by the pros ecution and defendants; to provide for exceptions; to provide for continuing duties to dis close; to provide for discovery with respect to alibi witnesses; to provide for production of statements of witnesses; to provide for court orders with respect to failure to comply; to provide for lists of witnesses; to provide for reimbursement for certain costs; to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to dissemination of cer tain records, so as to change certain provisions regarding criminal history records; to provide for other matters relative to the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal pro cedure, is amended by striking Code Section 17-7-110, relating to a indictments, accusa tions, and witness lists, which reads as follows:
"17-7-110. Prior to his arraignment, every person charged with a criminal offense shall be furnished with a copy of the indictment or accusation and, on demand, with a list of the witnesses on whose testimony the charge against him is founded. Without the consent of the defendant, no witness shall be permitted to testify for the state whose name does not appear on the list of witnesses as furnished to the defendant unless the prosecuting attorney shall state in his place that the evidence sought to be presented is newly discovered evidence which the state was not aware of at the time of its furnishing the defendant with a list of the witnesses."
and inserting in its place a new Code Section 17-7-110 to read as follows:
"17-7-110. Reserved."
Section 2. Said title is further amended by striking Code Section 17-7-210, relating to a defendant's right to certain statements, which reads as follows:
"17-7-210. (a) At least ten days prior to the trial of the case, the defendant shall be entitled to have a copy of any statement given by him while in police custody. The defend ant may make his request for a copy of any such statement, in writing, within any reasona ble period of time prior to trial.
(b) If the defendant's statement is oral or partially oral, the prosecution shall furnish, in writing, all relevant and material portions of the defendant's statement.
(c) Failure of the prosecution to comply with a defendant's timely written request for a copy of his statement, whether written or oral, shall result in such statement being excluded and suppressed from the prosecution's use in its case-in-chief or in rebuttal.

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(d) If the defendant's statement is oral, no relevant and material (incriminating or in culpatory) portion of the statement of the defendant may be used against the defendant unless it has been previously furnished to the defendant, if a timely written request for a copy of the statement has been made by the defendant.
(e) This Code section shall not apply to evidence discovered after a request has been filed. If a request has been filed, such evidence shall be produced as soon as possible after it has been discovered.",
and inserting in its place a new Code Section 17-7-210 to read as follows:
"17-7-210. Reserved."
Section 3. Said title is further amended by striking Code Section 17-7-211, relating to a defendant's right to certain written scientific reports, which reads as follows:
"17-7-211. (a) As used in this Code section, the term 'written scientific reports' includes, but is not limited to, reports from the Division of Forensic Sciences of the Georgia Bureau of Investigation; autopsy report by the coroner of a county or by a private pathologist; blood alcohol test results done by a law enforcement agency or a private physician; and similar type reports that would be used as scientific evidence by the prosecution in its case-in-chief or in rebuttal against the defendant.
(b) In all criminal trials, felony and misdemeanor, the defendant shall be entitled to have a complete copy of any written scientific reports in the possession of the prosecution which will be introduced in whole or in part against the defendant by the prosecution in its case-in-chief or in rebuttal. The request for a copy of any written scientific reports shall be made by the defendant in writing at arraignment or within any reasonable time prior to trial. If such written request is not made at arraignment, it shall be within the sound discre tion of the trial judge to determine in each case what constitutes a reasonable time prior to trial. If the scientific report is in the possession of or available to the prosecuting attorney, he must comply with this Code section at least ten days prior to the trial of the case.
(c) Failure by the prosecution to furnish the defendant with a copy of any written sci entific report, when a proper and timely written demand has been made by the defendant, shall result in such report being excluded and suppressed from evidence in the prosecution's case-in-chief or in rebuttal.",
and inserting in its place a new Code Section 17-7-211 to read as follows:
"17-7-211. Reserved."
Section 4. Said title is further amended by adding a new chapter at the end thereof, to be designated Chapter 16, to read as follows:
"CHAPTER 16
ARTICLE 1
17-16-1. As used in this chapter, the term:
(1) 'Possession, custody, or control of the state or prosecution' means an item which is within the possession, custody, or control of the prosecuting attorney or any law enforce ment agency involved in the investigation of the case being prosecuted.
(2) 'Statement of a witness' means:
(A) A written or recorded statement, or copies thereof, made by the witness that is signed or otherwise adopted or approved by the witness;
(B) A substantially verbatim recital of an oral statement made by the witness that is recorded contemporaneously with the making of the oral statement and is contained in a stenographic, mechanical, electrical, or other recording or a transcription thereof; or
(C) A summary of the substance of a statement made by a witness contained in a mem orandum, report, or other type of written document but does not include notes or summa ries made by counsel.

MONDAY, MARCH 14, 1994

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(3) 'Witness' does not include the defendant.
17-16-2. (a) This article shall apply to all criminal cases in which at least one felony offense is charged in the event that at or prior to arraignment, or at such time as the court permits, the defendant provides written notice to the prosecuting attorney that such de fendant elects to have this article apply to the defendant's case. When one defendant in a multidefendant case demands discovery under this article, the provisions of this article shall apply to all defendants in the case, unless a severance is granted.
(b) This article shall not apply to juvenile court proceedings.
(c) Except as provided under Code Section 17-16-8, this article is not intended to au thorize discovery or inspection of attorney work product.
17-16-3. Prior to arraignment, every person charged with a criminal offense shall be furnished with a copy of the indictment or accusation and a list of witnesses that may be supplemented pursuant to the other provisions of this article.
17-16-4. (a) (1) Upon written request of a defendant at or prior to arraignment, the prosecuting attorney shall, no later than ten days prior to trial, or sooner if ordered by the court, disclose to the defendant and make available for inspection, copying, or photograph ing any relevant written or recorded statements made by the defendant, or copies thereof, within the possession, custody, or control of the state or prosecution and that portion of any written record containing the substance of any relevant oral statement made by the defend ant, whether before or after arrest, in response to interrogation by any person then known to the defendant to be a law enforcement officer or member of the prosecuting attorney's staff. The prosecuting attorney shall also disclose to the defendant the substance of any other relevant oral statement made by the defendant, before or after arrest, in response to interrogation by any person then known by the defendant to be a law enforcement officer or member of the prosecuting attorney's staff if the state intends to use that statement at trial. Statements of coconspirators that are attributable to the defendant and arguably admissible against the defendant at trial also shall be disclosed under this Code section. Where the defendant is a corporation, partnership, association, or labor union, the court may grant the defendant, upon its motion, discovery of any similar such statement of any witness who was:
(A) At the time of the statement, so situated as an officer or employee as to have been legally able to bind the defendant in respect to conduct constituting the offense; or
(B) At the time of the offense, personally involved in the alleged conduct constituting the offense and so situated as an officer or employee as to have been legally able to bind the defendant in respect to that alleged conduct in which the witness was involved.
(2) Upon written request of a defendant at or prior to arraignment, or at such time as the court permits, the prosecuting attorney shall, no later than ten days prior to trial, or sooner if ordered by the court, furnish to the defendant a copy of the defendant's Georgia Crime Information Center criminal history, if any, as is within the possession, custody, or control of the state or prosecution. Nothing in this Code section shall affect the provisions of Code Section 17-10-2.
(3) Upon written request of a defendant at or prior to arraignment, or at such time as the court permits, the prosecuting attorney shall, no later than ten days prior to trial, or sooner if ordered by the court, permit the defendant at a time agreed to by the parties or ordered by the court to inspect and copy or photograph books, papers, documents, photo graphs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof and to inspect and photograph buildings or places which are within the possession, custody, or control of the state or prosecution and are intended for use by the prosecuting attorney as evidence in the prosecution's case-in-chief or rebuttal at the trial or were ob tained from or belong to the defendant. Evidence that is within the possession, custody, or control of the Forensic Sciences Division of the Georgia Bureau of Investigation or other laboratory for the purpose of testing and analysis may be examined, tested, and analyzed at the facility where the evidence is being held pursuant to reasonable rules and regulations

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adopted by the Forensic Sciences Division of the Georgia Bureau of Investigation or the laboratory where the evidence is being held.
(4) Upon written request of a defendant at or prior to arraignment, or at such time as the court permits, the prosecuting attorney shall, no later than ten days prior to trial, or sooner if ordered by the court, permit the defendant at a time agreed to by the parties or ordered by the court to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, which are within the posses sion, custody, or control of the state or prosecution which the state intends to introduce in evidence in its case-in-chief or in rebuttal. Nothing in this Code section shall require the disclosure of any material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any victim or witness.
(b) (1) If the defendant requests disclosure under this article, the defendant within ten days of timely compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, shall permit the prosecuting attorney at a time agreed to by the parties or as ordered by the court to inspect and copy or photograph books, papers, documents, photographs, tangible objects, audio and visual tapes, films and record ings, or copies or portions thereof and to inspect and photograph buildings or places, which are within the possession, custody, or control of the defendant and which the defendant intends to introduce as evidence in the defense's case-in-chief or rebuttal at the trial.
(2) If the defendant requests disclosure under this article, the defendant within ten days of timely compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, shall permit the prosecuting attorney at a time agreed to by the parties or as ordered by the court to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, within the possession or control of the defendant which the defendant intends to introduce as evidence in the defense's case-in-chief or rebuttal. Nothing in this Code section shall require the disclosure of any material, note, or memorandum relating to the psychiat ric or psychological treatment or therapy of any defendant or witness.
(c) If prior to or during trial a party discovers additional evidence or material previ ously requested or ordered which is subject to discovery or inspection under this article, such party shall promptly notify the other party of the existence of the additional evidence or material and make this additional evidence or material available as provided in this article.
(d) Upon a sufficient showing that a discovery required by this article would create a substantial threat of physical or economic harm to a witness, the court may at any time order that the discovery or inspection be denied, restricted, or deferred or make such other order as is appropriate. Upon motion by a party, the court may permit the party to make such showing, in whole or in part, in the form of a written statement to be inspected by the judge alone. If the court enters an order granting relief following such an ex parte showing, the entire text of the party's statement shall be sealed and preserved in the records of the court subject to further order of the court and to be made available to the appellate court in the event of an appeal.
(e) Discovery with respect to alibi witnesses shall be as provided for in Code Section 1716-5.
17-16-5. (a) Upon written demand, at or prior to arraignment, or at such time as the court permits, of the prosecuting attorney stating the time, date, and place at which the alleged offense was committed, the defendant shall serve within ten days of the demand of the prosecuting attorney or ten days prior to trial, whichever is later, or as otherwise or dered by the court, upon the prosecuting attorney a written notice of the defendant's inten tion to offer a defense of alibi. Such notice by the defendant shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the

MONDAY, MARCH 14, 1994

1819

names, addresses, dates of birth, social security numbers, and telephone numbers of the witnesses, if known to the defendant, upon whom the defendant intends to rely to establish such alibi.
(b) The prosecuting attorney shall serve upon the defendant within five days of the defendant's written notice but no later than five days before trial, whichever is later, a writ ten notice stating the names, addresses, dates of birth, social security numbers, and tele phone number of the witnesses, if known to the state, upon whom the state intends to rely to rebut the defendant's evidence of alibi.
(c) If prior to or during trial, a party learns of an additional witness whose identity, if known, should have been included in the information furnished under subsection (a) or (b) of this Code section, the party shall promptly notify the other party of the existence and identity of such additional witness.
(d) Upon a showing that a disclosure required by this Code section would create a sub stantial threat of physical or economic harm to a witness, the court may grant an exception to any of the requirements of subsections (a) through (c) of this Code section.
(e) If the defendant withdraws the notice of intention to rely upon an alibi defense, the notice and intention to rely upon an alibi defense are not admissible. However the prosecut ing attorney may offer any other evidence regarding alibi.
17-16-6. If at any time during the course of the proceedings it is brought to the atten tion of the court that the state has failed to comply with the requirements of this article, the court may order the state to permit the discovery or inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice and bad faith, prohibit the state from introducing the evidence not disclosed or presenting the witness not disclosed, or may enter such other order as it deems just under the circumstances. If at any time during the course of the proceedings it is brought to the attention of the court that the defendant has failed to comply with the requirements of this article, the court may order the defendant to permit the discovery or inspection, interview of the witness, grant a continuance, or, upon a show ing of prejudice and bad faith, prohibit the defendant from introducing the evidence not disclosed or presenting the witness not disclosed, or may enter such other order as it deems just under the circumstances. The court may specify the time, place, and manner of making the discovery, inspection, and interview and may prescribe such terms and conditions as are just.
17-16-7. No later than ten days prior to trial, or at the time of any post-indictment pretrial evidentiary hearing other than a bond hearing, the prosecution or the defendant shall produce for the opposing party any statement of any witness that is in the possession, cus tody, or control of the state or prosecution or in the possession, custody, or control of the defendant or the defendant's counsel that relates to the subject matter concerning the testi mony of a witness that the party in possession, custody, or control of the statement intends to call as a witness at trial or at such post-indictment pre-trial evidentiary hearing.
17-16-8. Upon written request of any party, the prosecuting attorney, not later than ten days before trial, and the defendant's attorney, within ten days after compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, shall furnish to the opposing counsel as an officer of the court, in confidence, the names, current locations, dates of birth, social security numbers, and telephone numbers of that party's witnesses, unless for good cause the judge allows an exception to this require ment, in which event the counsel shall be afforded an opportunity to interview such wit nesses prior to the witnesses being called to testify.
17-16-9. Any party providing documents or statements to another party under this arti cle shall be reimbursed for the actual cost incurred in providing such documents. If the court has determined the defendant to be indigent, the court shall determine the means of reimbursement.

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ARTICLE 2
17-16-20. The provisions of this article shall apply only to misdemeanor cases.
17-16-21. Prior to arraignment, every person charged with a criminal offense shall be furnished with a copy of the indictment or accusation and, on demand with a list of the witnesses on whose testimony the charge against such person is founded. Without the con sent of the defendant, no witness shall be permitted to testify for the state whose name does not appear on the list of witnesses as furnished to the defendant unless the prosecuting attorney shall state that the evidence sought to be presented is newly discovered evidence which the state was not aware of at the time of its furnishing the defendant with a list of the witnesses.
17-16-22. (a) At least ten days prior to the trial of the case, the defendant shall be entitled to have a copy of any statement given by the defendant while in police custody. The defendant may make such request for a copy of any such statement, in writing, within any reasonable period of time prior to trial.
(b) If the defendant's statement is oral or partially oral, the prosecution shall furnish, in writing, all relevant and material portions of the defendant's statement.
(c) Failure of the prosecution to comply with a defendant's timely written request for a copy of such defendant's statement, whether written or oral, shall result in such statement being excluded and suppressed from the prosecution's use in its case-in-chief or in rebuttal.
(d) If the defendant's statement is oral, no relevant and material, incriminating or in culpatory, portion of the statement of the defendant may be used against the defendant unless it has been previously furnished to the defendant, if a timely written request for a copy of the statement has been made by the defendant.
(e) This Code section shall not apply to evidence discovered after a request has been filed. If a request has been filed, such evidence shall be produced as soon as possible after it has been discovered.
17-16-23. (a) As used in this Code section, the term 'written scientific reports' includes, but is not limited to, reports from the Division of Forensic Sciences of the Georgia Bureau of Investigation; an autopsy report by the coroner of a county or by a private pathologist; blood alcohol test results done by a law enforcement agency or a private physician; and similar types of reports that would be used as scientific evidence by the prosecution in its case-in-chief or in rebuttal against the defendant.
(b) In all criminal trials the defendant shall be entitled to have a complete copy of any written scientific reports in the possession of the prosecution which will be introduced in whole or in part against the defendant by the prosecution in its case-in-chief or in rebuttal. The request for a copy of any written scientific reports shall be made by the defendant in writing at arraignment or within any reasonable time prior to trial. If such written request is not made at arraignment, it shall be within the sound discretion of the trial judge to deter mine in each case what constitutes a reasonable time prior to trial. If the scientific report is in the possession of or available to the prosecuting attorney, the prosecuting attorney must comply with this Code section at least ten days prior to the trial of the case.
(c) Failure by the prosecution to furnish the defendant with a copy of any written sci entific report, when a proper and timely written demand has been made by the defendant, shall result in such report being excluded and suppressed from evidence in the prosecution's case-in-chief or in rebuttal."
Section 5. Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to dissemination of certain records, is amended by striking paragraph (2) of subsection (a), which reads as follows:
"(2) Make criminal history records available to parties to any criminal action upon re ceipt of a written request of such party or his attorney. Such request shall contain the style

MONDAY, MARCH 14, 1994

1821

of the action, the name of the person whose records are requested, and a statement that such person is a party or a prospective witness in said case; and",
and inserting in its place a new paragraph (2) to read as follows:
"(2) Make criminal history records of the defendant or witnesses in a criminal action available to counsel for the defendant upon receipt of a written request from the defend ant's counsel under the following conditions:
(A) Such request shall contain the style of the case and the name and identifying infor mation for each person whose records are requested. Such request shall be submitted to the center;
(B) In cases where the court has determined the defendant to be indigent, any fees authorized by law shall be waived; and
(C) Disclosure of criminal history information to the defendant's counsel as provided in this paragraph shall be solely in such counsel's capacity as an officer of the court. Any use of such information in a manner not authorized by law or the court in which such action is pending where the records were disclosed shall constitute a violation of Code Section 35-338; and".
Section 6. This Act shall become effective on January 1, 1995, and shall apply to all cases docketed 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 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 Baugh Blitch
Boshears Bowen
Broun of 46th Brown of 26th Burton Clay Coleman Crotts Day Dean Edge Farrow

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

Newbill Oliver Pollard Ragan of llth Ragan of 32nd Ralston R
btarr Taylor Thomas Turner Tysinger

Those not voting were Senators:

Alien Balfour Cheeks Egan

Henson Hill Langford of 35th (excused) Parrish

Perdue Robinson (presiding) Thompson Walker

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

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JOURNAL OF THE SENATE

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

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.
Senate Sponsor: Senator Madden of the 47th.

The Senate Insurance and Labor Committee offered the following amendment:
Amend HB 1488 by striking lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that no filing".
By adding on line 6 of page 1 after the word and symbol "filing;" and before the word "to" the following:
"to provide a definition of limited benefit insurance as applied to exceptions to rating standards for certain group accident and sickness insurance policies;".
By striking lines 9 through 13 of page 1 and inserting in lieu thereof the following:
"Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding at the end of Code Section 33-8-1, relating to fees and charges generally associated with insurance, a new paragraph (7) to read as follows:".
By adding between lines 17 and 18 of page 1 a new Section 2 to read as follows:
"Section 2. Said title is further amended by striking paragraph (4) of subsection (f) of Code Section 33-30-12, relating to standards and requirements for rating of small groups under accident and sickness insurance, and inserting in lieu thereof a new paragraph to read as follows:
'(4) Limited accident and aickncaa insurance policies such aa hospital indemnity poli cies, specified diacaac policies, limited accident policies, or aimilar limited policies benefit insurance policies. For the purposes of this Code section, the term "limited benefit insur ance" means accidenTand sickness insurance designed, advertised, and marketed to supple ment major medical insurance. The term "limited benefit insurance" includes accident only, Champus supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and any other accident and sickness insurance other than basic hospital expense, basic medical-surgical expense, or major medical insurance.'".
By redesignating Section 2 as Section 3 on line 18 of page 1.
By redesignating Section 3 as Section 4 on line 21 of page 1.
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears

Bowen Broun of 46th Brown of 26th Burton

Clay Coleman Crotts Day

MONDAY, MARCH 14, 1994

1823

Dean Edge Egan Farrow Gillis Glanton GGouchhl enour
Harbison Hemmer
Henson Hill

Hooks Isakson Kemp Langford of 29th Madden Marable MMcidGduleirteon
Newbill Oliver
Perdue Pollard

Ragan of llth Ragan of 32nd Ralston j^ay Scott <,, . b_ tarr
Taylor Thomas
Turner Tysinger

Those not voting were Senators:

Abernathy Alien Cheeks

Huggins

Robinson (presiding)

Langford of 35th (excused) Thompson

Parrish

Walker

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The President resumed the Chair.

SR 553. By Senator Thomas of the 10th:
A resolution creating the Senate Study Committee on Comprehensive School Health 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 Baugh Blitch Boshears 2Wen ,o. u Brown of 26th Burton CCloalyeman
Crotts Dean
Egan
Farrow Gillis

Harbison Hemmer Henson Hill ?,kS Isakson Langford of 29th MMaardadbelne
Middleton Newbill
Oliver
Perdue Pollard

Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott ,,, ,. ft>lotatrmr
Taylor Thomas
Turner
Tysinger Walker

Those voting in the negative were Senators:

Balfour Day Edge

Glanton Gochenour

Guhl McGuire

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JOURNAL OF THE SENATE

Those not voting were Senators:

Alien Broun of 46th Cheeks

Muggins

Parrish

Kemp

Thompson

Langford of 35th (excused)

On the adoption of the resolution, the yeas were 41, nays 7. The resolution, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsor: Senator Newbill of the 56th.
The Senate Education Committee offered the following substitute to HB 1326:
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.
(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 eligibility for all grants, scholarships, or loans to attend colleges or universities which are administered 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 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, MARCH 14, 1994

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

Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Clay 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 Robinson Scott Slotin Starr Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien Cheeks

Coleman Kemp Langford of 35th (excused)

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.

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.
Senate Sponsor: Senator Crotts of the 17th.
The Senate Public Safety Committee offered the following substitute to HB 1570:
A BILL
To be entitled an Act 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 an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 3 of Title 25 of the Official Code of Georgia Annotated, relating to local fire departments generally, is amended by striking Code Section 25-3-6, relating to the effect of powers and duties of fire departments on powers and duties of law enforcement agencies, in its entirety and inserting in lieu thereof a new Code Section 25-3-6 to read as follows:
"25-3-6. This article shall not affect the duties, powers, or responsibilities of the Safety Fire Commissioner, the state fire marshal, the sheriffs office, the Department of Public Safety, local law enforcement agencies, the Department of Agriculture, the Department of Natural Resources, the Georgia Forestry Commission, the Department of Transportation, the Department of Defense, or the Department of Human Resources."
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 34, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baugh 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 Kemp Langford of 29th Madden Marable McGuire Middleton

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

Voting in the negative was Senator Scott.

Those not voting were Senators:

Abernathy Alien Balfour Blitch

Cheeks Glanton Langford of 35th (excused) Parrish

Ray Starr Walker

On the passage of the bill, the yeas were 44, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
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.
Senate Sponsor: Senator Clay of the 37th.
The Senate Finance and Public Utilities Committee offered the following substitute to HB 1436:
A BILL
To be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and their duties regard ing review of assessments and appeal procedures, so as to provide for filing by mail; to

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provide for appeals of assessments; to provide for forms of appeals; to provide a time limita tion for responses to appeals; to provide for consolidation of appeals; to repeal certain provi sions dealing with appeals of the decisions of the county boards of equalization; to provide for service of notice of appeal by the board of equalization; to provide for continuances; to provide for related matters; to provide an effective date; to provide for applicability; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and their duties regarding review of assess ments and appeal procedures, is amended by striking subsections (e) and (f) of said Code section in their entirety and inserting in lieu thereof the following:
"(e) (1) Any resident or nonresident taxpayer may appeal from an assessment by the county board of tax assessors to the county board of equalization as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemp tions, in the manner provided in paragraph (2) of this subsection.
(2) (A) An appeal shall be effected by mailing to or filing with the county board of tax assessors a notice of appeal within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306 except that for counties or municipal corporations providing for the collection and payment of ad valorem taxes in installments the time for filing the notice of appeal shall be 30 days. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the tax payer under the grounds listed in paragraph (1) of this subsection. Any such notice of ap peal which is mailed pursuant to this subparagraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. A written objec tion to an assessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax asses sors shall review the valuation or denial in question and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. Such notice shall also explain the taxpayer's right to appeal to the county board of equalization as provided in subparagraph (C) of this paragraph if the taxpayer is dissatisfied with the changes or correc tions made by the county board of tax assessors.
(B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer and to the county board of equalization which notice shall also constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The county board of tax assessors shall also send or deliver all necessary papers to the county board of equalization.
(C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If the taxpayer is dissatisfied with such changes or corrections, the taxpayer shall, within 21 days of the date of mailing of the change notice, institute an appeal to the county board of equalization by sending mailing to or filing with the county board of tax assessors a written notice of appeal to the county beeffet of tax assessors. Any such notice of appeal which is mailed pursuant to this subparagraph shall be deemed to be filed as of the date of the United States Postal Service post mark on such notice of appeal. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization.
(3) Reserved. In any year in which no county-wide reevaluation is implemented, the county board of tax~asaessors shall make its determination and notify the taxpayer within

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180 days after receipt of the taxpayer's notice of appeal. If the county board of tax assessors fails to respond to the taxpayer within such 180 day period during such year, the appeal shall be automatically referred to the county board of equalization. This paragraph shall not apply to any county whose digest for the current year cannot be approved by the commis sioner pursuant to subsection (a) of Code Section 48-5-304.
(4) The determination by the county board of tax assessors of questions of fact shall be prima-facie correct in any appeal to the county board of equalization.
(5) (A) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board.
(B) The commissioner, by regulation, may adopt uniform procedures and standards which, when approved by the State Board of Equalization, shall be followed by county boards of equalization in determining appeals.
(6) (A) Within 15 days of the receipt of the notice of appeal, the county board of equali zation shall set a date for a hearing on the questions presented and shall so notify the taxpayer and the county board of tax assessors in writing. A taxpayer may appear before the board concerning any appeal in person, by his or her authorized agent or representative, or both. The taxpayer shall specify in writing to the board the name of any such agent or representative prior to any appearance by the agent or representative before the board.
(B) Within 30 days of the date of notification to the taxpayer of the hearing required in this paragraph but not earlier than 20 days from the date of such notification to the tax payer, the county board of equalization shall hold such hearing to determine the questions presented.
(C) If more than one contiguous property of a taxpayer is under appeal, the board of equaTTzation shall, upon request of the taxpayer, consolidate all such appeals in one hearing and render separate decisions as to each parcel or item of property. Any appeal from such a consolidated board of equalization hearing to the superior court as provided in this subsec tion shall constitute a single civil action, and, unless the taxpayer specifically so indicates in his or her notice of appeal, shall apply to all such parcels or items of properfyT
{) (D) (i) The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (h) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be given to each party by sending a copy of the decision by registered or certified mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must partici pate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote.
(ii) Except as otherwise provided in subparagraph (f) (4) (B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county for the year in question and shall indicate such valuation as the previous year's value on the property tax notice of assessment of such tax payer for the immediately following year rather than substituting the valuation which was changed by the county board of equalization.
(iii) If the tax digest for the county for the year in question is prepared and the tax bills are issued before the county board of equalization has rendered its decision on property which is on appeal, the county board of tax assessors shall use the higher of the undisputed amount of the valuation of such property or the previous year's valuation of such property in compiling the tax digest, and tax bills will be issued based on such value. If the final determination of the value on appeal is less than the valuation thus used, the taxpayer shall receive a deduction in his or her taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from the date the tax was

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due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00. If the final determination of value on appeal is greater than the valuation thus used, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the rate as specified in Code Section 482-35. Such interest shall accrue from the date the taxes would have been due absent the appeal to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days.
(7) The county governing authority shall furnish the county board of equalization nec essary facilities and secretarial and clerical help. The secretary of the county board of tax assessors shall see that the records and information of the county board of tax assessors shall see that the records and information of the county board of tax assessors are transmit ted to the county board of equalization. The county board of equalization must consider in the performance of its duties the information furnished by the county board of tax assessors and the taxpayer.
(8) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county conducted pursiT ant to code Section 48-5-274. The board must consider the study upon any such request.
(f) (1) The taxpayer or, except as otherwise provided in this paragraph, the county board of tax assessors may appeal decisions of the county board of equalization to the supe rior court of the county in which the property lies. A county board of tax assessors may not appeal a decision of the county board of equalization changing an assessment by 15 percent or less unless the board of tax assessors gives the county governing authority a written no tice of its intention to appeal and within ten days of receipt of the notice the county gov erning authority by majority vote does not prohibit the appeal. In the case of a joint citycounty board of tax assessors, such notice shall be given to the city and county governing authorities, either of which may prohibit the appeal by majority vote within the allowed period of time.
(2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by mailing to or filing a written notice of appeal with the county board of tax assessors a written notice" of appeal. Any such notice of appeal which is mailed pursuant to this paragraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and shall contain the name and the last known address of the taxpayer. The notice of appeal shall specifically state the grounds for appeal The notice in cither ease shall be mailed or filed within 30 days from the date on which the decision of the county board of equalization is mailed pursuant to subparagraph (c)(6)(C) (e)(6)(D) of this Code section. The county board of tax assessors shall certify to the clerk of the superior court the notice of appeal and any other papers specified by the person appealing including, but not limited to, the staff infor mation from the file used by either the county board of tax assessors or the county board of equalization. All papers and information certified to the clerk shall become a part of the record on appeal to the superior court. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer or his or her attorney or agent of record with a copy of the notice of appeal and with the civil action file number assigned to the appeal. Such service shall be effected in accordance with subsection (b) of Code Section 9-11-5. No discovery, motions, or other pleadings may be filed by the county board of tax assessors in the appeal until such service has been made.
(3) The appeal shall constitute a de novo action.
(4) (A) The appeal shall be heard before a jury at the first term following the filing of the appeal unless continued by the court upon a showing of good cause. If only questions of law are presented in the appeal, the appeal shall be heard as soon as practicable before the court sitting without a jury. Each hearing before the court sitting without a jury shall be held within 40 days following the date on which the appeal is filed with the clerk of the superior court.

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(B) The county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county. If the final determination of value on appeal is less than the valuation set by the county board of equalization, the taxpayer shall receive a deduction in his or her taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from the date the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00. If the final determination of value on appeal is greater than the valuation set by the county board of equalization, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the same rate as specified in Code Section 48-2-35. Such interest shall accrue from the date the taxes would have been due absent the appeal to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days."
Section 2. This Act shall become effective on January 1, 1995, and shall apply to all civil actions filed on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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 Boshears Bowen Broun of 46th Brown of 26th Burton 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 Newbill

Those not voting were Senators:

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

Alien Blitch Cheeks

Coleman

Parrish

Langford of 35th (excused) Walker

Middleton

On 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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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.
Senate Sponsor: Senator Starr of the 44th.

Senate Starr of the 44th moved that HB 1693 be placed on the Table.
On the motion, the yeas were 33, nays 1; the motion prevailed, and HB 1693 was placed on the Table.

SR 586. By Senators Robinson of the 16th, Hooks of the 14th and Harbison of the 15th:
A resolution creating the Senate Study Committee on combining Columbus Technical Institute and Columbus College.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Alien Blitch Cheeks

Egan Langford of 35th (excused)

Middleton Parrish

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
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,

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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.
Senate Sponsor: Senator Farrow of the 54th.
Senator Farrow of the 54th moved that HB 1199 be placed on the Table.
On the motion, the yeas were 33, nays 1; the motion prevailed, and HB 1199 was placed on the Table.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate amendments, and has appointed a Committee of Conference 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 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".
The Speaker has appointed on the part of the House, Representatives Watson of the 139th, Skipper of the 137th and Dixon of the 150th.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate and House:
HB 2028. By Representative Stephenson of the 25th:
A bill to amend an Act entitled "An Act incorporating the Town of Pendergrass, in the County of Jackson," so as to provide a new charter for the City of Pendergrass.
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

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require submission of this Act to the United States Attorney General for certain approval.

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 this 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.
The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereto:

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 Conference Committee report on SB 396 was as follows:

COMMITTEE OF CONFERENCE REPORT ON SB 396
The Committee of Conference on SB 396 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 396 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ David Scott Senator, 36th District
/s/ Charles C. Clay Senator, 37th District
/s/ Jack Hill Senator, 4th Disctrict

FOR THE HOUSE OF REPRESENTATIVES:
/si Charles C. Smith, Jr. Representative, 175th District
/s/ John Godbee Representative, 145th District
/s/ Bettieanne Childers Hart Representative, 116th Disctrict

COMMITTEE OF CONFERENCE 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 at 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.
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

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directed by the board of education by which he ia employed, shall, at the opening of school upon every school day, conduct a brief period of ailcnt prayer or meditation quiet reflection for not more than 60 seconds with the participation of all the pupils therein assembled.
(b) The ailcnt prayer or 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 pmycr or meditation on a religious theme by those who arc so disposed o? 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.
Senator Scott of the 36th moved that the Senate adopt the Conference Committee re port on SB 396.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Boshears Bowen Broun of 46th Burton Clay CCorolettms an Day
Dean Edge Egan Farrow Gillis Glanton

Gochenour Guhl Harbison Hemmer Henson Hill Hooks HIsuagkgLinns Kemp
Langford of 35th Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston R nRofb.mson Scott
61otln Starr Taylor Thompson Turner Tysinger

Voting in the negative was Senator Langford of the 29th.

Those not voting were Senators:

Abernathy Alien Blitch

Brown of the 26th Cheeks Langford of 35th (excused)

Parrish Thomas Walker

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on SB 396.
The Calendar was resumed.
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.
Senate Sponsor: Senator Farrow of the 54th.
Senator Farrow of the 54th moved that HB 1422 be placed on the Table.

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On the motion, the yeas were 31, nays 7; the motion prevailed, and HB 1422 was placed on the Table.

HB 1471. By Representatives Street 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.
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 ^Urton Clay Coleman Crotts Day Dean Edge 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
s on
Robinson
oCOtt
Slotin Starr Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien Cheeks

Egan

Parrish

Langford of 35th (excused) Taylor

Madden

Thomas

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Coleman of the 1st.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour
Baugh Blitch Boshears

Farrow Gillis
Glanton Gochenour Gunl

Middleton Newbill
Oliver Perdue Pollard

BBorowuenn of 46th Brown of 26th BQJurton Coleman Crotts Day Dean Edge Egan

HH arbison ,,.,, HulUggm. s Isakson Kemp Langford of 29th Madden Marable McGuire

RRaaglsatnonof 32nd D ^ Rob.inson Scott Slotin Starr Thomas Thompson Turner

Those not voting were Senators:

Alien Cheeks Henson Hooks

Langford of 35th (excused) Parrish Ragan of llth

Taylor Tysinger Walker

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.

Senate Sponsor: Senator Ragan of the llth.

Senator Farrow of the 54th offered the following amendment:
Amend HB 1715 by inserting on line 4 of page 1 between the word and symbol "County;" and the word "to" the following:
"to provide an effective date;".
By inserting between lines 13 and 14 of page 1 the following:
"Section 1.5. This Act shall become effective January 1, 1995."
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen

Broun of 46th Brown of 26th Burton Clay Coleman Crotts

Day Dean Edge Egan Farrow Gillis

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1837

Glanton Gochenour Guhl Harbison Hemmer Henson Hill Huggins Isakson Kemp

Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan of 32nd

Ralston Ray Robinson Scott Slotin Starr Thomas Turner Walker

Those not voting were Senators:

Alien Cheeks Hooks

Langford of 35th (excused) Parrish Ragan of llth

Taylor Thompson Tysinger

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

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.

Senate Sponsor: Senator Broun of the 46th.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Alien Cheeks Gillis Hooks

Langford of 35th (excused) Parrish Slotin Starr

Thompson Tysinger Walker

On the adoption of the resolution, the yeas were 45, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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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.
Senate Sponsor: Senator Henson of the 55th.

Senators Henson of the 55th and Robinson of the 16th offered the following amendment:
Amend HB 170 by redesignating Code Section 28-1-16 on line 15 and line 17 of page 1 as Code Section 28-1-17.
By inserting on line 10 of page 2, after the word "each" and before the word "calendar", the following:
"evenly numbered".
By inserting on line 11 of page 2, after the word "year" and before the comma, the following:
"and during the period which begins 60 days after the last day of the first term of the biennial legislative session and ends on the Friday before the second Monday in January of the following calendar year".
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Clay 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 Scott Slotin Taylor Thomas Thompson Turner

MONDAY, MARCH 14, 1994

1839

Those not voting were Senators:

Alien Cheeks Gillis

Langford of 35th (excused) Parrish Robinson

Starr Tysinger Walker

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

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 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.

Senate Sponsor: Senator Guhl of the 45th.

Senator Crotts of the 17th offered the following amendment:
Amend HB 250 on line 21, page 1, insert the words: "and fire service" after the word enforcement.
Line 22, page 1, insert the words: "or firemen" after the word officer.
Line 25, page 1, insert the words: "or fire" after the word crime "or fireman" after the word officer.
Line 27, page 1, insert the words: "or firemen's" after the word officer's
Line 3, page 2, insert the words: "or fireman" before the word, has
Line 5, page 2, insert the words: "fire service" after the word, enforce
Line 11, page 2, insert the words: "or fireman" after the word, officer.
Line 16, page 2, insert the words: "or firemen's" after the word officer's
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 Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Clay Coleman Crotts Day Dean Edge

Egan Farrow Gochenour Guhl Harbison Hemmer Henson Hill Hooks 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 Thompson Turner

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JOURNAL OF THE SENATE

Those not voting were Senators:

Alien Cheeks Gillis Glanton

Huggins Langford of 35th (excused) Middleton Parrish

Thomas Tysinger Walker

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

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.
Senate Sponsor: Senator Pollard of the 24th.

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

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

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

McGuire Newbill Oliver Perdue Pollard Ragan of 32nd Ralston Ray Robinson Scott Slotin Taylor Thompson Turner

Those not voting were Senators:

Alien Cheeks CEgroatnts
Gillis

Langford of 35th (excused) Middleton ,,Parrish
Ragan of llth

Starr Thomas T_ysi.nger
Walker

On the adoption of the resolution, the yeas were 43, nays 0.

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

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1841

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.
Senate Sponsor: Senator Pollard of the 24th.
The Senate Judiciary Committee offered the following substitute to HB 1458:
A BILL
To be entitled an Act 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; to delete certain provisions relating to additional specifications and standards; to require the record ing of certain maps and plats; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-67 of the Official Code of Georgia Annotated, relating to recordation of maps and plats and specifications related thereto, is amended by striking subsections (b) and (c) of said Code section and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) Maps or plats to be filed and recorded in the office of the clerk of the superior court shall be prepared in accordance with the following minimum standards and specifications:
(1) Material.
(A) Any such maps or plats shall be a good legible print copy, such as a blue, white, or other commercial print reproduced from a tracing made in India ink on a commercial grade of tracing cloth, tracing film, 01 tracing paper an original.
(B) The minimum line widths and letter or character heights delineated on such maps or plats shall be as follows:
(i) Maps or plats drawn on 8 Vi inch by 11 inch or 8'/2 by 14 inch tracings shall have a minimum line width of 0.010 inches and a minimum letter or character height of 0.080 inches;
(ii) Maps or plats drawn on 11 inch by 17 inch tracings shall have a minimum line width of 0.010 inches and minimum letter or character height of 0.000 0.080 inches; or
(iii) Maps or plats drawn on 17 inch by 22 inch or 24 inch by 36 inch tracings shall have a minimum line width of 0.013 inches and a minimum letter or character height of 0.000 0.080 inches.
(C) In counties using microfilming procedures, when a map or plat is filed for record the original tracing drawing, which shall not be larger than 24 inches by 36 inches, shall be submitted to the clerk for microfilming and a legible print copy, which shall not be larger than 17 inches by 22 inches, shall be filed for record; provided, however, that a full-size positive print copy of the original may be tendered and used for microfilming. The clerk shall enter the filing date, plat book number, and page number on the original tracing draw ing and return the tracing original drawing to the land surveyor or the person filing the same for record;
(2) Caption. The maps or plats shall have a title or name which shall be contained in the caption, and the caption shall also provide the following information:
(A) The county, city, town, or village, land district and land lot, and subdivision, if the property lies within a particular subdivision;
(B) The date of plat preparation;

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JOURNAL OF THE SENATE

(C) The scale, stated and shown graphically; and
(D) The name, address, telephone number, and registration number of the land sur veyor and his registration number or the statement that he is the county surveyor and is not required by law to be a registered surveyor; and
(E) All reproductions of original maps or plats shall bear the original signature, in black ink, of the registrant placed across the registration seal in order to be a valid or recordable map or plat.
(3) Size. Maps or plats shall not be less than 8 Vt inches by 11 inches and not larger than can be recorded without folding;
(4) Data. Maps or plats shall be made in a professional manner and in accordance with the standards of good drafting procedures and shall show the following information, as specified:
(A) All maps or plats shall show the direction and distance from a point of reference to a point on the boundary of the individual survey, and such additional data as may be re quired to relocate the boundary point from the point of reference with the same degree of accuracy required of the parcel surveyed. The point of reference shall be an established, monumented position which can be identified or relocated from maps, plats, or other docu ments on public record;
(B) All maps or plats of boundary surveys or subdivision surveys shall show bearings of all lines or angles at all corners and angle points of the boundary or lot lines, and distances of all boundary or lot lines, and area of the parcels expressed in acres or square feet;
(C) All maps or plats of boundary surveys shall show the closure precision of the field survey as the ratio of one foot to the traversed distance in which an error of one foot would occur and a statement as to the method of adjustment. The closure may be stated as follows:
'The field data upon which this map or plat is based has a closure precision of one foot in __ feet, and an angular error of __ per angle point, and was adjusted using __ rule';
(D) All maps or plats or boundary surveys shall show the closure precision of the data shown on the map or plat. The closure may be stated as follows:
'This map or plat has been calculated for closure and is found to be accurate within one foot in __ feet';
(E) All maps or plats shall show the width and the former widths, if pertinent, of all rights of way adjacent to or crossing the property or adjacent to any point of reference;
(F) All maps or plats shall show easements and apparent encroachments, if pertinent;
(G) In the case of curved lines, pertinent data muat be given for regular curves the curve shall be defined by curve data to include the radius, arc length, chord bearing, and distance for regular curves. Chord distances and directions shall be given for irregular curves;
(H) All land lot lines, land district lines, land section lines, and city, and county, and state boundaries intersecting or adjacent to the surveyed property shall be indicated by lines drawn upon the map or plat with appropriate words and figures;
(I) All corner markers and markers of pertinent reference points shall be fully described and indicated as to their material or types and shall be constructed of a permanent material such as iron, steel, concrete, or stone;
(J) An arrow shall be shown on the map or plat to indicate the principal meridian, and a notation shall be made as to the reference of bearings to magnetic north, astronomic north, or grid north. A grid north reference shall indicate the zone;
(K) All linear distances shown on maps or plats shall be horizontal;
(L) All angular directions shown on maps or plats shall be represented in degrees and

MONDAY, MARCH 14, 1994

1843

minutes. Where plats state or surveys require accuracy in excess of 1 in 5,000, the angular directions shall be represented in degrees, minutes, and seconds. All angular directions shall be referenced to the principal meridian;
(M) A statement shall be shown on the map or plat to indicate the type of equipment used to obtain the linear and angular measurements used in the preparation of the map or plat; and
(N) All maps or plats shall show the state plane coordinates of at least two permanent monuments thereon, when a National Geodetic Survey monument is within 500 feet of any point on the property mapped or platted, or any point of reference shown thereon.
(c) The language contained in thin Code acction docs not in any way modify of change any specific provisions in county, municipal, or other state statutes and regulations which require higher minimum standards and specifications, in which case such specific provisions shall govern. If the plat meets the requirements of subsection (b) of this Code section, it shall be the duty of the clerk of the superior court to file and record such map or plat or blueprint, tracing, photostatic copy, or other copy of a map or plat."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy 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 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
Turner

Those not voting were Senators:

Alien

Parrish

Gillis

Thomas

Langford of 35th (excused) Thompson

Tysinger 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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JOURNAL OF THE SENATE

The following bill of the House was read the first time and referred to committee:
HB 2028. By Representative Stephenson of the 25th:
A bill to amend an Act entitled "An Act incorporating the Town of Pendergrass, in the County of Jackson," so as to provide a new charter for the City of Pendergrass.
Referred to Committee on Urban and County Affairs.
The Calendar was resumed.
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.
Senate Sponsor: Senator Henson of the 55th.
The Senate Finance and Public Utilities Committee offered the following substitute to HB 1654:
A BILL
To be entitled an Act 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 define certain terms; to provide that aircraft which has its primary home base in a county other than the county of the owner's residence in any calendar year shall be returned in that county; to provide for matters related thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-16 of the Official Code of Georgia Annotated, relating to the return of certain personal property for ad volorem taxation, is amended by inserting at the end thereof the following:
"(e) (1) As used in this subsection, the term:
(A) 'Aircraft' means any contrivance used or designed for navigation through the air; provided, however, that such term does not include commercial airliners.
(B) 'Primary home base' means an airport where an aircraft is principally hangered or tied down and out of which its flights normally originate.
(2) Any person who owns tangible personal property in the form of an aircraft which has its primary home base in a county in this state other than the county in which such person maintains a permanent legal residence shall return such property for taxation to the tax commissioner or tax receiver of the county in which such primary home base is located. Such aircraft which does not have a primary home base in a county of this state other than the county in which the owner maintains a permanent legal residence shall be returned for taxation in the manner provided for in Code Section 48-5-11."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Henson of the 55th moved that HB 1654 be placed on the Table.
On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 1654 was placed on the Table.

MONDAY, MARCH 14, 1994

1845

The following bills were taken up to consider House action thereto:
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.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to the lottery for education, so as to limit the use of certain electronic or mechanical devices to sell lottery tickets or shares; to provide for the locating and supervision of such devices; to provide for labeling of such devices; to provide that no program or project started with lottery proceeds shall be contin ued with funds from the general fund; to change certain provisions relating to penalties and to provide for penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to the lottery for education, is amended by striking paragraph (9) of Code Section 50-27-10, relating to procedures for regulating the conduct of lottery games, and inserting in lieu thereof a new paragraph (9) to read as follows:
"(9) (A) The method to be used in selling tickets or shares, which may include the use of electronic or mechanical devices, but such devices may be placed only in locations on the premises of the lottery retailer which are within the view of such retailer or an employee of such retailer. All electronic or mechanical devices shall bear a conspicuous label prohibiting the use of such device by persons under 18 years of ageT
(B) A lottery retailer who knowingly allows a person under 18 years of age to purchase a lottery ticket or share from an electronic or mechanical device shall be subject to the penal ties provided in Code Section 50-27-26;".
Section 2. Said article is further amended by striking subsection (f) of Code Section 5027-13, relating to the disposition of lottery proceeds, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) In compliance with the requirement of the Constitution that there shall be a sepa rate accounting of lottery proceeds, no deficiency in the Lottery for Education Account shall be replenished by book entries reducing any nonlottery reserve of general funds, including specifically but without limitation the revenue shortfall reserve or the midyear adjustment reserve; nor shall any program or project started specifically from lottery proceeds be con tinued from the general fund; such programs must be adjusted or discontinued according to available lottery proceeds unless the General Assembly by general law establishes eligibility requirements and appropriates specific funds within the general appropriations Act; nor shall any nonlottery surplus in the general fund be reduced. No surplus in the Lottery for Education Account shall be reduced to correct any nonlottery deficiencies in sums available for general appropriations, and no surplus in the Lottery for Education Account shall be included in any surplus calculated for setting aside any nonlottery reserve or midyear ad justment reserve. In calculating net revenue collections for the revenue shortfall reserve and midyear adjustment reserve, the state auditor shall not include the net proceeds."
Section 3. Said article is further amended by striking Code Section 50-27-26, relating to sales to minors, penalties, and affirmative defenses, and inserting in lieu thereof a new Code Section 50-27-26 to read as follows:

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JOURNAL OF THE SENATE

"50-27-26. Any person who knowingly sells a lottery ticket or share to a person under 18 years of age or permits a person under 18 years of age to play any lottery games shall be guilty of a misdemeanor and shall be fined not less than $100.00 nor more than $500.00 for the first offense and for each subsequent offense not less than $200.00 nor more than $1,000.00. It shall be an affirmative defense to a charge of a violation under this Code sec tion that the retailer reasonably and in good faith relied upon representation of proof of age in making the sale."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Perdue of the 18th moved that the Senate disagree to the House substitute to SB 710.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 710.
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.
Senator Cheeks of the 23rd moved that the Senate adhere to its amendment to HB 1221 and that a Conference Committee be appointed.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to its amendment to HB 1221.
The President appointed as a Conference Committee on the part of the Senate, the following:
Senators Slotin of the 39th, Oliver of the 42nd and Cheeks of the 23rd.
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.
Senator Slotin of the 39th moved that the Senate insist on its substitute to HB 1658.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1658.
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 House amendments were as follows:
House Amendment No. 1:
Amend SB 449 as follows:
Page 1, line 5, change "or" to "of

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1847

House Amendment No. 2:
Amend SB 449 as follows:
Page 2, line 6, add after word violations the word "of
House Amendment No. 3:
Amend SB 449 as follows:
Page 3, line 7, change word "or" to "of
Senator Starr of the 44th moved that the Senate disagree with the House amendments to SB 449.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate disagreed with the House amendments to SB 449.
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.
Senator Edge of the 28th moved that the Senate insist on its substitute to HB 1405.
On the motion, the yeas were 36, nay 0; the motion prevailed, and the Senate insisted on its substitute to HB 1405.
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 House amendments were as follows:
House amendment No. 1:
Amend SB 629 by inserting on line 6 of page 1 after "child;" the following:
"to protect the privacy of such records;".
By inserting at the end of line 9 of page 2 after "terminated." the following:
"The privacy of all students' records and tests shall be protected by prohibiting any student's records or tests being sent outside of the local school system without the signed consent of the student's parent or legal guardian. A former student may, as an adult, also grant permission for release of all or part of that individual's school records. Student records and tests shall not be included in any database to be transferred to any out-of-district or out-of-state database. Such records may be used for statistical purposes only if of a nonidentifying nature.".
House amendment No. 2:
Amend SB 629 by striking lines 3 and 4 of page 1 in their entirety and inserting in lieu thereof the following:
"Annotated, relating to student records, so as to prohibit any school system from denying".
By striking lines 15 through 17 on page 1 in their entirety and inserting in lieu thereof the following:
" '20-2-720. No local school system, whether county, independent, or area, shall have a policy".

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JOURNAL OF THE SENATE

Senator Farrow of the 54th moved that the Senate disagree to the House amendments to SB 629.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to SB 629.
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.
Senator Crotts of the 17th moved that the Senate insist on its amendment to HB 1376.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 1376.
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.
Senator Hill of the 4th moved that the Senate adhere to its substitute to HB 1130 and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to its substitute to HB 1130.
The President appointed as a Committee of Conference on the part of the Senate the following:
Senators Hill of the 4th, Marable of the 52nd and Ralston of the 51st.
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.
Senator Walker of the 22nd moved that the Senate adhere to its amendment to HB 1825 and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to its amendment to HB 1825.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Walker of the 22nd, Farrow of the 54th and Madden of the 47th.
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

MONDAY, MARCH 14, 1994

1849

codes, so eis 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".

Senator Henson of the 55th moved that the Senate adhere to its amendments to HB 1608 and that a Conference Committee be appointed.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to its amendments to HB 1608.
The President appointed as a Committee of Conference on the part of the Senate the following:
Senators Henson of the 55th, Langford of the 29th and Egan of the 40th.
The Calendar was resumed.

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.
Senate Sponsor: Senator Robinson of the 16th.

Senator Oliver of the 42nd offered the following amendment:
Amend HB 1687 by inserting on line 5 of page 1 between the word and symbol "cases;" and the word "to" the following:
"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;"
By inserting between line 25 of page 1 and line 1 of page 2 the following:
"Section 2. Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to litigation costs and attorney's fees in frivolous actions, is amended by striking subsection (e) in its entirety and inserting in its place the following:
'(e) Attorney's fees and expenses under this Code section may be requested by motion within at any time during the course of the action but not later than 45 days after the final disposition of the action.' "
By redesignating Sections 2 and 3 as Sections 3 and 4.
On the adoption of the amendment, the yeas were 33, nays 1, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Boshears Bowen Broun of 46th Burton Clay

Coleman Crotts Day Dean Edge Farrow Gillis Glanton

Gochenour Guhl Harbison Hemmer Henson Hill Hooks Isakson

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JOURNAL OF THE SENATE

Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Perdue Ragan of 32nd Ralston Ray Robinson Scott

Those not voting were Senators:

Slotin Taylor Thomas Thompson Turner Walker

Alien Blitch Brown of 26th Cheeks

Egan Huggins Langford of 35th (excused) Parrish

Pollard Ragan of llth
Starr Tysinger

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

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.

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

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Huggins Kemp Langford of 29th Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston
Ray Scott Slotin Taylor Thompson Turner Walker

Those not voting were Senators:

Alien Blitch Hooks Isakson

Langford of 35th (excused) Starr

Parrish

Thomas

Robinson (presiding)

Tysinger

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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1851

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.

Senator Scott of the 36th offered the following amendment:
Amend SR 550 by deleting, on page 2, line 25, the words "or related thereto"
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, was agreed to as amended.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Baugh Bowen Broun of 46th Brown of 26th Cheeks Clay Coleman Crotts Dean Egan

Gillis Harbison Henson Hill Isakson Kemp Langford of 29th Madden Marable Middleton

Perdue Pollard Ragan of llth Ray Scott Slotin Starr Taylor Thomas Walker

Those voting in the negative were Senators:

Balfour Blitch Boshears Burton Day Edge

Farrow Glanton Gochenour Guhl Huggins McGuire

Newbill Ragan of 32nd Ralston Turner Tysinger

Those not voting were Senators:

Alien Hemmer Hooks

Langford of 35th (excused) Oliver Parrish

Robinson (presiding) Thompson

On the adoption of the resolution, the yeas were 31, nays 17.
The resolution, having received the requisite constitutional majority, was adopted as amended.
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.
Senate Sponsor: Senator Farrow of the 54th.

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

Those voting in the affirmative were Senators:

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

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

Newbill Oliver Perdue Pollard Ragan of 32nd Ralston ^ c .. P" | tln ta" Taylor
Thomas Thompson
Turner
Tysinger Walker

Those not voting were Senators:

Alien Hooks

Langford of 35th (excused) Parrish

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. The following bills were taken up to consider House action thereto:

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 House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to require certain information to be exchanged between parties to a motor vehicle accident; to change provisions relating 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; to provide that a police officer may give a visual or an audible signal to bring a vehicle to a stop; to provide for other related matters; to provide for effec tive dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by striking subsection (a) of Code Section 40-6-270,

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relating to the duty of a driver to stop at the scene of an accident, in its entirety and in serting in lieu thereof a new subsection (a) to read as follows:
"(a) The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall:
(1) Give his or her name and address and the registration number of the vehicle fee-is
(2) Upon request and if it is available, exhibit his or her operator's license to the person struck or the driver or occupant of or person attending any vehicle collided with; and
(3) Give the name of the liability insurance carrier for the motor vehicle; and
{3} (4) Render to any person injured in such accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary of if such transporting is requested by the injured person.
The driver shall in every event remain at the scene of the accident until fulfilling the requirements of this subsection. Every such stop shall be made without obstructing traffic more than is necessary."
Section 2. Said chapter is further amended by striking subsection (d) of Code Section 40-6-391.1, relating to pleas of nolo contendere in cases of driving under the influence of alcohol or drugs, and inserting in its place a new subsection to read as follows:
"(d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code section, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. The order shall stipulate that the defendant shall com plete such program within 120 days and that the defendant shall submit satisfactory evi dence of such completion to the Department of Public Safety and the court within 120 days of the iaauancc of the court order. The court shall also require the surrender of the driver's license and shall retain such license until submission of proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program. The court shall, at the time of surrender of the driver's license to it, issue a temporary driving permit which shall expire not more than 120 days from its issuance. The defendant's driver's license shall be returned by the court immediately upon submission of proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program. The judge shall also notify the defendant that, if he or she fails to complete such program by the date specified in the court's order, iris the 120 day dTrving permit shall be invalid and his or her driver's license shall be suspended, by opera tion of law, as provided in Code Section 40-5-68 and shall remain suspended until the de fendant completes such program."
Section 3. Said chapter is further amended by striking subsection (a) of Code Section 40-6-395, relating to fleeing or attempting to elude a police officer, in its entirety and in serting in its place the following:
"(a) It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual and or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his or her badge of office, and his or her vehicle shall be appropriately marked showing it to be an official police vehicle."
Section 4. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and Section 2 of this Act shall apply with respect to matters pending on that date as well as matters arising thereafter.

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(b) Section 1 of this Act shall become effective on July 1, 1994.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Tysinger of the 41st moved that the Senate disagree to the House substitute to SB 574.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 574.

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 McDufHe County, so as to change the compensation of the chairperson of the board; to provide for reimbursement of the expenses of the chairperson.

The House amendment to the Senate substitute was as follows:
Amend the Senate substitute to HB 1952 by striking from line 17 of page 1 "$35,000.00" and inserting in lieu thereof "$40,000.00".
By striking from line 21 of page 1 "$5,000.00" and inserting in lieu thereof "$7,519.10".
Senator Pollard of the 24th moved that the Senate disagree to the House amendment to the Senate substitute to HB 1952.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 1952.
The Calendar was resumed.

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.
Senate Sponsor: Senator Farrow of the 54th.

Senator Farrow of the 54th offered the following amendment:
Amend HB 897 by inserting on page 1, line 10 after the ";" and before the word "and" the words "to provide an effective date."
And by inserting on page 2, line 13 the words: "Section 4.1. 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 Boshears Bowen Broun of 46th Brown of 26th

Burton Cheeks Clay Coleman Crotts Day Dean

Egan Farrow Gillis Glanton Gochenour Guhl Harbison

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1855

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

Middleton Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott

Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Blitch Edge

Henson Hooks Langford of 35th (excused)

Newbill Parrish Robinson (presiding)

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

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.

Senate Sponsor: Senator Brown of the 26th.

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

Those voting in the affirmative were Senators:

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

Egan Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Huggins Isakson Langford of 29th Madden Marable McGuire Middleton

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

Those not voting were Senators:

Alien Bowen Guhl Hill

Hooks Kemp Langford of 35th (excused) Parrish

Robinson (presiding) Taylor Thomas Tysinger

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

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JOURNAL OF THE SENATE

HR 967. By Representative Birdsong of the 123rd:
A resolution designating the Hardy Durham Faulk, Si., Memorial Bridge.
Senate Sponsor: Senator Coleman of the 1st.
Senators Abernathy of the 38th, Thomas of the 10th, Dean of the 31st and Newbill of the 56th offered the following amendment:
Amend HR 967 by adding a new section on line 6, page 2 which needs as follows: "Whereas, Jeanette McGarity Barber was an outstanding woman in Georgia and promoted home economics, was a Homemaking Association member, supported the Girl Scouts and numerous other worthwhile projects for Georgia women. Now, therefore, be it resolved by the General Assembly of Georgia that a portrait of Mrs Jeanette McGarity Barber be placed in the state capitol on the House of Representatives side."
Renumber other sections accordingly.
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:
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 Gochenour Harbison Hemmer Henson Huggins Isakson Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

Those not voting were Senators:

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

Alien Glanton Guhl

Hill Hooks Kemp

Langford of 35th (excused) Parrish Robinson (presiding)

On the adoption of the resolution, the yeas were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted i amended.

MONDAY, MARCH 14, 1994

1857

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. Senate Sponsor: Senator Clay of the 37th.
Senator Marable of the 52nd moved that HB 1228 be placed on the Table. On the motion, the yeas were 32, nays 4; the motion prevailed, and HB 1228 was placed on the Table.
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. Senate Sponsor: Senator Oliver of the 42nd.
Senator Oliver of the 42nd moved that HB 1443 be placed on the Table. On the motion, the yeas were 32, nays 4; the motion prevailed, and HB 1443 was placed on the Table.
HB 664. By Representatives Smith of the 169th, Byrd of the 170th, Streat of the 167th and others: A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemp tion for blueberry plants growing in this state. Senate Sponsor: Senator Ray of the 19th.
Senator Ray of the 19th moved that HB 664 be placed on the Table. On the motion, the yeas were 29, nays 6; the motion prevailed, and HB 664 was placed on the Table.
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. Senate Sponsor: Senator Scott of the 36th.
Senator Scott of the 36th moved that HB 1313 be placed on the Table. On the motion, the yeas were 29, nays 9; the motion prevailed, and HB 1313 was placed on the Table.
HR 925. By Representatives Streat of the 167th and Carter of the 166th: A resolution designating the Private George W. Lee, Jr., Memorial Bridge. Senate Sponsor: Senator Ray of the 19th.
Senator Abernathy of the 38th offered the following amendment:

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Amend HR 925 by adding on line 2 of page 1 between the word "Bridge" and the semicolon the following:
"and the James E. 'Billy' McKinney Bridge".
By adding "Part 1" between lines 2 and 3 of page 1 and by adding below line 7 of page 2 the following:
"Part 2
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the bridge on Bankhead Highway in Fulton County crossing Interstate 285 be designated as the James E. 'Billy' McKinney Bridge and that the Department of Transportation erect signs designating such bridge."
On the adoption of the amendment, the yeas were 32, nays 2, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Harbison Hemmer Henson Huggins Isakson Kemp Madden Marable McGuire Middleton Newbill

Voting in the negative was Senator Egan.

Those not voting were Senators:

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

Alien Guhl Hill

Hooks

Parrish

Langford of 35th (excused) Ragan of 32nd

Langford of 29th

Robinson (presiding)

On the adoption of the resolution, the yeas were 46, nays 1.
The resolution, having received the requisite constitutional majority, was adopted as amended.

MONDAY, MARCH 14, 1994

1859

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.
Senate Sponsor: Senator Thomas of the 10th.
Senator Thomas of the 10th moved that HR 875 be placed on the Table.
On the motion, the yeas were 34, nays 4; the motion prevailed, and HR 875 was placed on the Table.
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.
Senate Sponsor: Senator Farrow of the 54th.
The Senate Public Safety Committee offered the following amendment:
Amend HB 1389 by striking Section 3 in its entirety on lines 3 through 6 on page 3 which reads as follows:
"Section 3. Provided however no candidate offering for election to the office of sheriff shall be required to be POST certified or attend a basic training course prior to qualifying for election for the office of sheriff."
By striking from line 7 of page 3 the following:
"Section 4",
and inserting in lieu thereof the following:
"Section 3".
On the adoption of the amendment, the yeas were 36, nays 2, and the committee amendment to HB 1389 was adopted.
Senators Farrow of the 54th and Bowen of the 13th offered the following amendment:
Amend HB 1389 by adding in the title on line 8 of page 1 after "generally," the following:
"to provide for the training and certification of communications officers and related purposes;".
By adding between lines 2 and 3 of page 3 the following:
"Section 2.1. Said chapter is further amended by adding a new Code Section 35-8-23 to read as follows:
'35-8-23. (a) As used in this Code section, the term "communications officer" means and includes any person employed by a local governmental agency to receive, process, or trans mit public safety information and dispatch law enforcement officers, firefighters, medical personnel, or emergency management personnel.
(b) Any person employed on or after July 1, 1995, as a communications officer shall satisfactorily complete a basic training course approved by the council. Persons who are employed on July 1, 1994, shall register with the council and may be certified by voluntarily complying with the certification process. Any person who fails to comply with the registra tion or certification process of the council shall not perform any duties of a communications officer and may have his or her certificate sanctioned or revoked.
(c) The council shall administer and coordinate the training for communications officers

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and conduct administrative compliance reviews. The council shall be authorized to promul gate rules and regulations to facilitate the administration and coordination of training, stan dards, certification, and compliance reviews consistent with the provisions of this Code sec tion. The costs of the training shall be paid from funds appropriated to the council." "
On the adoption of the amendment, the yeas were 30, nays 3, and the Farrow and Bowen amendment to HB 1389 was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Huggins Isakson Kemp Madden Marable McGuire Middleton

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

Those not voting were Senators:

Abernathy Alien Crotts Egan

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

Robinson (presiding) Scott Thomas

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.
The following bill was taken up to consider House action thereto:
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 two House amendments were as follows:
House amendment No. 1: Amend SB 608 by adding after the semicolon on line 4 of page 1 the following: "to change provisions relating to proof of violation of minimum requirements;".

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By striking the quotation mark on line 22 of page 8 and adding between lines 22 and 23 of page 8 the following:
"(c) (1) The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presump tion of a violation of the standards provided for in this Code section or the terms of the permit.
(2) If, during a ten-year rainfall event or a rainfall event of greater magnitude, stormwateFrunorT turbidity exceeds the levels provided for in paragraph (17) of subsection (a) of this Code section or other turbidity requirements adopted by an issuing authority, such exceeding of such levels shall not constitute a violation of the requirements provided for"or authorized under this Code section if all such requirements other than those relating to turbidity have been met^
(3) This subsection shall cease to apply upon the adoption of a rule or regulation as provided for in subparagraph (a)(17)(B) of this Code section.'"
House amendment No. 2:
Amend SB 608 by adding on line 8 of page 1 immediately after the word and symbol "security;" the following:
"to provide that no such permit shall be issued for any land upon which is owing any past due ad valorem taxes;".
By inserting between lines 28 and 29 on page 9 the following:
"Section 4. Said chapter is further amended by adding at the end of Code Section 12-77, relating to permits required for land-disturbing activities, the following:
'(f) No permit may be issued pursuant to subsection (b) or (c) of this Code section unless the applicant provides a statement by the tax collector or tax commissioner of the county in which the property for which the permit is requested lies and by the official re sponsible for the collection of municipal taxes in the municipality within which such prop erty lies, if applicable, certifying that all ad valorem taxes levied against the property and due and owing have been paid.' "
By redesignating Sections 4 through 9 as Sections 5 through 10, respectively.
Senator Hemmer of the 49th moved that the Senate agree to House amendment No. 1 offered by Representative Dobbs of the 92nd, and agree to House amendment No. 2 offered by Representative Davis of the 48th as amended by the following amendment:
Amend the House amendment No. 2 to SB 608 offered by Representative Davis of the 48th District by inserting between lines 25 and 26 of page 1 the following:
"By striking the word 'local' on line 26 of page 12.
By inserting on line 28 of page 12, immediately following the word 'any', the following:
'magistrate court or any other'."
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Cheeks Clay Coleman Crotts Day Dean Edge Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins

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Isakson Kemp Langford of 29th Madden Marable McGuire Middleton

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray

Voting in the negative was Senator Newbill.

Those not voting were Senators:

Alien

Parrish

Egan

Robinson (presiding)

Langford of 35th (excused)

Scott Slotin Starr Thompson Turner Tysinger Walker
Taylor Thomas

On the motion, the yeas were 48, nays 1; the motion prevailed, and the Senate agreed to House amendment No. 1 to SB 608 and agreed to House amendment No. 2 to SB 608 as amended by the Senate.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 47. By Senator Walker of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to prohibit certain motor vehicle insurers and insurance policies from requiring the use of certain companies or locations for glass replacement or repair services or products insured by such policies; to prohibit certain acts in furtherance of the prohibition.
The House has disagreed to the Senate amendment to the following bill of the House:
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 31. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and Isakson of the 21st:
A bill to provide for an additional judge of the superior court of the Cobb Judi cial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to amend Code Section 15-6-2 of the

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Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge' of the superior court of the Cobb Judicial Circuit.
The 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 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.
The Speaker has appointed on the part of the House, Representatives Jenkins of the 110th, Watson of the 139th and Smith of the 109th.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following resolution of the Senate:
SR 203. By Senators Hill of the 4th, Perdue of the 18th, Taylor of the 12th, Ragan of the llth and Gillis of the 20th:
A resolution proposing an amendment to the Constitution so as to authorize counties and municipal corporations to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property lo cated in such county or municipal corporation with other counties or municipal corporations with which the assessing county or municipal corporation has con tracted; to provide for the submission of this amendment for ratification or rejection.
The Speaker has appointed on the part of the House, Representatives Walker of the 141st, Royal of the 164th and Baker of the 170th.
The House insists on its position in disagreeing to the Senate amendments, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Hanner of the 159th, Cox of the 160th and Kinnamon of the 4th.

1864

JOURNAL OF THE SENATE

The House has disagreed to the Senate amendments to the following bills of the House:
HB 282. By Representatives Twiggs of the 8th and Colwell of the 7th:
A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to the local fair share of funding under the "Quality Basic Education Act," so as to change the provisions relating to the limitation on local fair share funds.
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.
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 agreed to the Senate amendment, as amended by the House, to the following bill 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.
The House has agreed to the Senate amendment, as amended by the House, to the following resolution of the House:
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 agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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.

MONDAY, MARCH 14, 1994

1865

The House insists on its position in amending the following bill of the Senate:
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 House has disagreed to the Senate amendments to the following bill of the House:
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.
The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 464. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Robinson of the 16th and Ray of the 19th: 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 House has disagreed to the Senate amendments to the following bills of the House:
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 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.

1866

JOURNAL OF THE SENATE

The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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.
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 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 Speaker has appointed on the part of the House, Representatives Childers of the 13th, Skipper of the 137th and Hudson of the 156th.
The House insists on its position in amending the Senate substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Bargeron of the 120th, Harris of the 112th and Moore of the 113th.
The House has disagreed to the Senate amendment to the following resolution of the House:
HR 906. By Representative Scoggins of the 24th: A resolution compensating Mr. Nelson O. Scoggins.
Senator Ray of the 19th moved that, pursuant to SR 600, the Senate stand in recess until 9:00 P.M., and at that time stand adjourned until 9:30 A.M. Wednesday, March 16, 1994; the President Pro Tempore announced that the motion prevailed at 5:40 P.M.

WEDNESDAY, MARCH 16, 1994

1867

Senate Chamber, Atlanta, Georgia Wednesday, March 16, 1994 Fortieth 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 Monday, March 14 proceed ings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendments to the following bills of the House:
HB 2024. By Representatives Childers of the 13th, Smith of the 12th and Perry of the llth: A bill to amend an Act providing for the method of filling vacancies in the mem bership of the Hospital Authority of Floyd County, so as to change the method of filling such vacancies.
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 2038. By Representatives Watson of the 139th, Floyd of the 138th, Walker of the 141st and Ray of the 128th: A bill to create the Houston County School District Building Authority as a pub lic corporation and an instrumentality of the State of Georgia.
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 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 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.

1868

JOURNAL OF THE SENATE

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 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 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.
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.
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.
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 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 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 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.

WEDNESDAY, MARCH 16, 1994

1869

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.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 2042. By Representative Streat of the 167th:
A bill to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson, so as to reapportion the county; to provide for new districts.
HB 527. By Representatives Bannister of the 77th, Ehrhart of the 36th, Stancil of the 16th, Culbreth of the 132nd, Lawrence of the 64th and others:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group workers' compensation self-insurance funds, so as to provide that no person shall solicit membership or participation in any such fund unless such person has an agent's license or a counselor's license issued pursuant to Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated.
HB 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 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 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.
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.

1870

JOURNAL OF THE SENATE

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 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.
The House has agreed to the Senate amendments to the following resolutions 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 339. By Representative Groover of the 125th:
A resolution compensating Ms. Shirley Selph.
The House has agreed to the Senate substitute to the following resolution of the House:
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.
The House has passed by the requisite constitutional majority the following bills of the Senate:
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.

WEDNESDAY, MARCH 16, 1994

1871

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.
SB 721. By Senators Hemmer of the 49th and Day of the 48th:
A bill to amend an Act creating a board of commissioners for Forsyth County, as amended, so as to change the manner of filling vacancies on said board; to pro vide for certain submissions.
SB 726. By Senators Henson of the 55th and Robinson of the 16th:
A bill to amend an Act placing the sheriff of Talbot County on an annual salary, as amended, so as to provide for and change the provisions relating to full-time and part-time deputies and their compensation; to provide an effective date.
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.
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.
SB 560. By Senators Langford of the 29th, Kemp of the 3rd, Thompson of the 33rd, 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 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.
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.

1872

JOURNAL OF THE SENATE

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

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 following resolution of the Senate was introduced, read the first time and referred to committee:

SR 636. By Senators Taylor of the 12th, Hill of the 4th and Slotin of the 39th:
A resolution creating the Senate Study Committee on Barriers to Business Re cruitment and Downtown Development. Referred to Committee on Rules.

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

HB 1078. HB 1615. HB 1649. HB 1867. HB 1898. HB 2020.

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

HB 2021. HB 2028. HB 2048. HB 2052. HB 2054. HB 1938.

Do pass by substitute. Do pass. Do pass. Do pass. Do pass. 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 Broun of 46th Burton CC,,,lhaeyeks Coleman Crotts
Day
Edge
Egan
Farrow Gillis

Gochenour Guhl Harbison Henson Hill Huggins ITKs,aekmspon Langford of 29th Madden
Marable
McGuire
Newbill
Oliver Parrish

Perdue Pollard Ragan of 32nd Ray Robinson gcott Co,,1lo.t.m. , , Taylor
Thomas
Thompson
Turner
Tysinger Walker

WEDNESDAY, MARCH 16, 1994

1873

Those not answering were Senators:

Abernathy Alien Bowen Brown of 26th

Dean Glanton Hemmer Hooks

Langford of 35th (excused) Middleton Ragan of llth Ralston

Senator Hooks of the 14th asked that the following statement be recorded in the Journal:

March 16, 1993

Mr. Secretary:
My voting machine did not work this morning. However, I wish to be recorded as pre sent on the roll call.
/s/ George Hooks, 14th

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Starr of the 44th introduced the chaplain of the day, Dr. Charles Carter, pastor of the First Baptist Church, Jonesboro, Georgia, who offered scripture reading and prayer.
Senator Slotin of the 39th introduced the doctor of the day, Dr. Bobby Kauffman.
The following resolutions of the Senate were read and adopted:

SR 633. By Senator Thomas of the 10th: A resolution commending the AID Atlanta Pediatric Department.

SR 634. By Senators Thomas of the 10th, Scott of the 36th, Abernathy of the 38th and others:
A resolution recognizing Chief Eldrin Bell.

SR 635. By Senator Thomas of the 10th:
A resolution recognizing the St. John African Methodist Episcopal Church Gos pel Choir on the occasion of its anniversary.

SR 637. By Senator Ray of the 19th: A resolution recognizing Mr. Max Lockwood.

SR 638. By Senator Ragan of the llth: A resolution expressing regret at the passing of Mr. Henry Roger Madison.

SR 639. By Senators Henson of the 55th and Burton of the 5th: A resolution in memory of Sergeant John E. Holbrook.

SR 640. By Senators Balfour of the 9th and Day of the 48th: A resolution commending Mayor Bartow Jenkins.

1874

JOURNAL OF THE SENATE

SR 641. By Senators Balfour of the 9th and Day of the 48th: A resolution commending Mayor Emmett Glower, III.
SR 642. By Senators Balfour of the 9th and Day of the 48th: A resolution expressing regret at the passing of Mr. Bartow Morgan III.
SR 645. By Senator Ralston of the 51st: A resolution commending the Sequoyah High School Lady Chiefs basketball team.

SR 646. By Senator Isakson of the 21st: A resolution commending and recognizing the Wheeler High School Wildcats basketball team.
SR 647. By Senators Thompson of the 33rd, Ragan of the 32nd, Clay of the 37th and Isakson of the 21st: A resolution commending Ms. Shirley Ludwig.
SR 648. By Senators Thomas of the 10th and Scott of the 36th: A resolution commending Garfield Hammonds, Jr.
SR 649. By Senator Gochenour of the 27th: A resolution commending Richard Wright on becoming an Eagle Scout.
SR 650. By Senator Gochenour of the 27th: A resolution commending Will Lindsey on becoming an Eagle Scout.
SR 651. By Senator Gochenour of the 27th: A resolution commending Britton Cauthen on becoming an Eagle Scout.
SR 652. By Senators Robinson of the 16th and Ray of the 19th: A resolution recognizing and commending the Hellenic-American Chamber of Commerce of the Southeast.
SR 653. By Senators Robinson of the 16th and Ray of the 19th: A resolution recognizing and commending the Italy-American Chamber of Com merce, southern regional chapter.

WEDNESDAY, MARCH 16, 1994

1875

SR 654. By Senator Thomas of the 10th: A resolution recognizing United Family Life Insurance Company.
SR 655. By Senator Thomas of the 10th: A resolution recognizing the Honorable Elizabeth Wilson.
SR 656. By Senator Thomas of the 10th: A resolution recognizing Lou Walker.
SR 657. By Senators Tysinger of the 41st, Egan of the 40th and Newbill of the 56th: A resolution commending Marist School's basketball team.
SR 658. By Senator Thomas of the 10th: A resolution commending Lynn Crump.
SR 659. By Senator Newbill of the 56th: A resolution welcoming the visiting students and faculty member from Japan.
SR 660. By Senator Day of the 48th: A resolution congratulating Charles C. McKoin, Jr., and Jean H. McKoin, on the occasion of their fiftieth wedding anniversary.
SR 661. By Senators Turner of the 8th and Ragan of the llth: A resolution commending the coach and players of the Valdosta High School Wildcats basketball team for advancing to the final four of the AAAA state championship series.
SR 662. By Senator Gochenour of the 27th: A resolution recognizing The Herald-Gazette of Barnesville-Lamar County on the occasion of its 125th year of publication.
SR 663. By Senators Farrow of the 54th and Huggins of the 53rd: A resolution commending the Northwest Whitfield High School Mock Trial team.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
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.
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.

1876

JOURNAL OF THE SENATE

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 proce dures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 451. By Senators Turner of the 8th, Broun of the 46th, Starr of the 44th, Middleton of the 50th, Day of the 48th 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 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, March 16, 1994
FORTIETH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
*HB 1078 Baugh, 25th JASPER COUNTY
Reconstitutes the Board of Education of Jasper County and provides for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions. (SUBSTITUTE)
HB 1615 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 change the compensation of the judges of the state court.
HB 1649 Baugh 25th BALDWIN COUNTY
Provides 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.

WEDNESDAY, MARCH 16, 1994

1877

HB 1867 Walker, 22nd Cheeks, 23rd RICHMOND COUNTY
Amends 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 ap propriations; to change the current requirements that each expenditure be budgeted by each object and activity.

HB 1898 Perdue, 18th Baugh, 25th Brown, 26th Gochenour, 27th CITY OF MACON
Amends an Act providing a new charter for the City of Macon, so as to change the corporate limits of said city.

HB 2020 Baugh, 25th BALDWIN COUNTY
Provides 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 certain homesteads that are leased to certain residents of that county.

*HB 2021

Kemp, 3rd McINTOSH COUNTY
Amends an Act creating the Board of Commissioners of Mclntosh County, so as to provide for four-year terms of office for members of the board of com missioners. (SUBSTITUTE)

HB 2028 Madden, 47th CITY OF PENDERGRASS/JACKSON COUNTY
Amends an Act entitled "An Act incorporating the Town of Pendergrass, in the County of Jackson," so as to provide a new charter for the City of Pendergrass.

HB 2048 Walker, 22nd Cheeks, 23rd RICHMOND COUNTY
Amends an Act creating the Civil Court of Richmond County, so as to pro vide for the duties and powers of the Chief Judge of said Court; to provide for the handling and transfer of cases within the Civil Court and Magistrate Court of Richmond County.

HB 2052 Clay, 37th Ralston, 51st Newbill, 56th CHEROKEE COUNTY
Amends 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.

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HB 2054 Huggins, 53rd WALKER COUNTY
Provides for the Magistrate Court of Walker County; to provide for the com pensation of the chief magistrate.
HB 1938 Isakson, 21st Thompson, 33rd Clay, 37th CITY OF MARIETTA
Amends an Act reincorporating the City of Marietta so as to change the cor porate limits of the city.
The substitutes to the following bills were put upon their adoption:
*HB 1078:
The Senate Urban and County Affairs Committee offered the following substitute to HB 1078:
A BILL
To be entitled an Act to amend an Act reconstituting the Board of Education of Jasper County, approved April 5, 1993 (Ga. L. 1993, p. 4622), so as to provide for education dis tricts; to provide for submission; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act reconstituting the Board of Education of Jasper County, approved April 5, 1993 (Ga. L. 1993, p. 4622), is amended by striking subsection (b) of Section 2 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) For purposes of electing members of the board of education, the Jasper County School District is divided into five education districts. One member of the board shall be elected from each such district. Those districts shall consist of the following described terri tory of the Jasper County School District:
Education District: 1
JASPER COUNTY VTD: 0001 MONTICELLO (Part) Tract: 9903. Block(s): 291, 378, 379, 380, 393, 394, 395, 396, 397, 404, 405, 406, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 418C, 419A, 419B, 421A, 421B, 422A, 422B, 423, 424, 425, 426A, 426B, 426C, 426D, 427A, 427B, 428, 429A, 429B, 430A, 430B, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448 Tract: 9904. Block(s): 118, 119, 120, 121, 122, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, VTD: 0003 HILLSBORO (Part) Tract: 9904. Block(s): 115, 116, 154, 155
Education District: 2
JASPER COUNTY VTD: 0001 MONTICELLO (Part) Tract: 9901. Block(s): 185, 188, 189, 190, 192, 193, 194 Tract: 9902. Block(s): 176, 177

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Tract: 9903. Block(s): 106, 107, 108, 109A, 109B, 111, 112, 113, 114, 115, 116, 117, 118A, 118B, 119, 120, 125, 126, 127, 130, 131, 132, 133, 134, 135A, 139, 140, 238A, 238B, 265A, 266, 267, 401, 407, 408, 409
VTD: 0002 SHADY DALE VTD: 0006 WYATT (Part)
Tract: 9902. Block(s): 135, 136, 173
Education District: 3
JASPER COUNTY VTD: 0001 MONTICELLO (Part) Tract: 9901. Block(s): 191 Tract: 9903. Block(s): 135B, 136, 137, 138, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165,166, 167, 168, 169, 170, 171, 172, 173, 174, 175,176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192,193, 194, 195, 196, 197, 247, 248, 249, 250, 251, 252, 253, 254A, 254B, 255, 256, 292, 293, 361, 362, 363, 364, 372, 373, 374, 375, 376, 377, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392 Tract: 9904. Block(s): 123, 124, 125, 126, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 164, 165, 166, 180, 181, 182, 189, 190, 191, 192, 193 VTD: 0003 HILLSBORO (Part) Tract: 9904. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 117, 153, 156, 157, 158, 159, 160, 161, 162, 163, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 183, 184, 185, 186, 187, 188, 194, 195, 196, 197 VTD: 0004 MARTIN BURNEY (Part) Tract: 9903. Block(s): 223, 295, 296, 297, 332, 333, 334, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 357, 358, 359, 360, 365, 366, 367, 368, 369, 370, 371 VTD: 0005 THOMPSON AND BARNES (Part) Tract: 9903. Block(s): 224
Education District: 4
JASPER COUNTY VTD: 0001 MONTICELLO (Part) Tract: 9902. Block(s): 168, 169, 170, 171, 172, 174, 175, 178, 179, 180, 181 Tract: 9903. Block(s): 101, 102, 103, 104, 105, 110, 121, 122, 123, 124, 128, 129, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 239A, 239B, 239C, 240A, 240B, 241, 242, 243, 244, 245, 246, 257, 258, 259, 260, 261, 262A, 262B, 263A, 263B, 264A, 264B, 264C, 265B, 265C, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284A, 284B, 285A, 285B, 286, 287, 288, 289, 290, 294, 402, 403, 420 VTD: 0004 MARTIN BURNEY (Part) Tract: 9903. Block(s): 219, 220, 221, 222 303, 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, 335, 352, 353 VTD: 0005 THOMPSON AND BARNES (Part) Tract: 9902.

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Block(s): 165, 166, 167 Tract: 9903.
Block(s): 213, 214, 215, 218, 225
Education District: 5
JASPER COUNTY VTD: 0004 MARTIN BURNEY (Part) Tract: 9902. Block(s): 182, 183, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197 VTD: 0005 THOMPSON AND BARNES (Part) Tract: 9902. Block(s): 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 124, 125, 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, 184, 185, 186, 187 Tract: 9903. Block(s): 216, 217, 301, 302, 354, 355, 356 VTD: 0006 WYATT (Part) Tract: 9901. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 154, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 196, 197 Tract: 9902. Block(s): 101, 102, 103, 104, 105, 106, 118, 119, 120, 121, 122, 123, 126, 127, 128, 129, 130, 131, 132, 133, 134, 137, 138"
Section 2. It shall be the duty of the Board of Education of Jasper County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, to the United States Attorney General for approval. If, as of the first date of qualifying for the general primary in 1994, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then this Act shall not apply to the general primary and general election held in 1994 but shall, upon approval, apply to all future such elections for the Board of Education of Jasper County.
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 47, nays 1, and the substitute was adopted.
*HB 2021:
The Senate Urban and County Affairs Committee offered the following substitute to HB 2021:
A BILL
To be entitled an Act 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, approved February 26, 1947 (Ga. L. 1947, p. 181), as amended, so as to provide for four-year terms; to change the qualifications for commissioners; to provide for the expi ration of terms of commissioners in office on the effective date of this Act; to provide for a referendum; to provide for related matters; to provide for automatic repeal; to provide effec tive dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for terms, districts, and qualifications of the Commission ers of Mclntosh County, and providing for nomination of candidates for such offices, ap proved February 26, 1947 (Ga. L. 1947, p. 181), as amended, is amended by striking in its entirety Section 2 and inserting in lieu thereof a new section to read as follows:

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"Section 2. (a) The commissioner elected from each district shall have been a resident of said district at least 12 months before election. In any primary or general election for the nomination or election of candidates of a political party for commissioners of Mclntosh County the candidates shall be nominated from the district in which they reside and elected by the voters of the district in which they reside, except the candidate from District Num ber One shall be nominated from the county at large and elected by the voters of the entire county.
(b) Beginning with commissioners elected in 1996, the term of office of each commis sioner shall be for four years. Such commissioners shall take office on January 1, 1997, and serve until December 31, 2000, and until their successors are elected and qualified. Thereaf ter, successors shall be elected quadrennially and shall take office on the first day of January following their election and serve terms of four years and until their successors are elected and qualified.
Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Mclntosh County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Mclntosh County for approval or rejection. The election superintendent shall conduct that election on the same date as the general election in November, 1994, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Mclntosh County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which provides for four-year terms for members of the board of commissioners of Mclntosh County, beginning with commissioners elected in 1996?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Mclntosh County. It shall be the elec tion superintendent's duty to certify the result thereof to the Secretary of State.
Section 3. The provisions of Section 2 of this Act shall become effective upon the ap proval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective when approved in the referendum provided for in Section 2 of this Act.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 47, nays 1, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bills as 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

Brown of 26th Burton Cheeks

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Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton Guhl Harbison Hemmer Henson

Hill Hooks Huggins Isakson Kemp Madden Marable McGuire Middleton Newbill Parrish Perdue Pollard

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

Voting in the negative was Senator Gochenour.

Those not voting were Senators:

Abernathy Broun of 46th Coleman

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

Scott Thomas

On the passage of all the local bills, the yeas were 47, nays 1.
All the bills on the Senate Local Consent Calendar, except HB 1078 and HB 2021, having received the requisite constitutional majority, were passed.
HB 1078 and HB 2021, having received the requisite constitutional majority, were passed by substitute.
Senator Gochenour of the 27th, pursuant to Senate Rule 177, explained his vote on the Senate Local Consent Calendar as follows:
March 16, 1994
My vote against the Local Consent Calendar was a vote against HB 1898 only. I concur with the other bills.
/s/ Ed Gochenour of the 27th
The following bill was taken up to consider House action thereto:
SB 31. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and Isakson of the 21st: A bill to provide for an additional judge of the superior court of the Cobb Judi cial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Cobb Judicial Circuit.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 16, 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 change the number of alternate grand jurors; to change the provisions relating to reports to grand juries by public officials, officers, employees, and entities and the inspection of public offices and their operations, records, papers, funds, and

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property by grand juries; to change the provisions relating to presentments by grand juries and the contents and publication thereof; to provide that under certain circumstances a superior court judge who is removed from office as a result of federal court order shall be come a special judge of the magistrate court; to provide for the term, compensation, service, and powers and duties of any such special judge of the magistrate court; to provide for the powers and duties of any superior court judge of the superior court of each county; to pro vide for other matters relating to the foregoing; to provide effective dates; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-6-85, relating to inspection of the office of the clerk of the superior court by the grand jury and reports thereon, which read as follows:
"15-6-85. The offices of the clerks of the superior courts are subject to an examination by the grand juries, their committees, or any person whom they may specially empower to report to the same, or to a succeeding grand jury, or to the judge of the superior court. Those examining the offices shall submit in writing the condition thereof and shall specify any neglect of duty or anything done by the clerks which is wrong or corrupt.",
and inserting in lieu thereof the following:
"15-6-85. Reserved."
Section 1.1. Said title is further amended by adding at the end of Code Section 15-1020, relating to judges of the magistrate courts, a new subsection (i) to read as follows:
"(i) (1) Any person who is holding office on January 1, 1994, as a judge of the superior courts of this state, whether within the term for which elected or appointed or otherwise, and who subsequent to such date and prior to December 31, 1996, is effectively removed from such office by federal court order shall upon such removal become a special judge of the magistrate court as provided for in this subsection. As used in this subsection, the term "federal court order" shall mean only an order of a federal court which is entered in a civil action challenging under federal law or federal constitutional provisions (or both) the valid ity of the manner of selection of superior court judges in this state. A person shall be consid ered as effectively removed from office by such an order if the order by its terms prohibits such person's continued service as a judge of the superior courts without by the terms of the order allowing such person a meaningful opportunity to seek an appointment or election as a judge of the superior courts which would take effect within 30 days following such re moval. Nothing in this subsection shall apply with respect to any removal from office result ing from criminal conduct or other malfeasance on the part of the person removed from office.
(2) Any person becoming a special judge of the magistrate court pursuant to this sub section shall become a special judge of the magistrate court of the county in which such person resides. Any such special judge of the magistrate court shall serve for a term of office expiring December 31, 1996. The Governor shall issue to each such special judge of the magistrate court a commission stating the date of commencement and expiration of such term of office.
(3) Any special judge of the magistrate court serving pursuant to this subsection shall have all the same powers and duties as any other judge of such magistrate court.
(4) Any special judge of the magistrate court serving pursuant to this subsection shall be compensated and reimbursed for expenses in such amount or amounts as are now or hereafter provided by law for a judge of the superior courts, such compensation to be paya ble from state funds in the same manner as now or hereafter provided by law for a judge of the superior courts.
(5) The provisions of this subsection shall control over any other conflicting provisions of this chapter."

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Section 2. Said title is further amended by striking Code Section 15-12-61, relating to number of grand jurors, and inserting in its place the following:
"15-12-61. (a) A grand jury shall consist of not less than 16 nor more than 23 persons. The votes of at least 12 grand jurors shall be necessary to find a bill of indictment or to make a presentment. Fwe Three alternate grand jurors may be sworn and, subject to the maximum number herein fixed, may serve when any grand juror dies, is discharged for any cause, becomes ill, or is for other cause absent during any sitting. Alternate grand jurors may serve as members of inspection and examination committees with the same authority and responsibilities as grand jurors and without regard to the maximum limitation on the number of grand jurors fixed herein. However, nothing in this Code section shall limit the authority of a judge of the superior court to replace a grand juror.
(b) The grand jury shall be authorized to request the foreman or clerk of the previous grand jury to appear before it for the purpose of reviewing and reporting the actions of the immediately preceding grand jury if the succeeding grand jury determines that such service would be beneficial. While serving a succeeding grand jury, the foreman or clerk of the im mediately preceding grand jury shall receive the same compensation as do other members of the grand jury. Any person serving as foreman or clerk of a grand jury and then being requested to report to an immediately succeeding grand jury shall not be eligible to again serve as a grand juror during one year following the conclusion of such earlier service."
Section 3. Said title is further amended by striking Code Section 15-12-71, relating to duties of the grand jury, which reads as follows:
"15-12-71. (a) The duties of a grand jury shall be confined to such matters and things as by the law it is required to perform.
(b) The judge or judges of superior court may by order direct that certain duties of the grand jury shall not be required to be carried out at each term by each grand jury; but any such order shall provide that such duties shall be required to be carried out by at least one grand jury at at least one term of court each year. The effect of any such order shall be to remove the duty of a grand jury to carry out certain inspections as specified by the terms of the order; but no such order shall affect any grand jury's power to conduct any such inspec tion if the grand jury itself determines that it is advisable that it should do so. The duties of grand juries which may be affected by court order in the manner specified by this subsection shall include:
(1) The duty, as specified by subsection (a) of Code Section 15-12-75, to inspect the offices, records, and operations of the clerk of superior court, district attorney, judge of the probate court, and county treasurer or county depository;
(2) The duty, as specified by Code Section 15-12-78, to inspect the county jail;
(3) The duty, as specified by Code Section 36-1-7, to receive and inspect returns of the judge of the probate court, county treasurer, clerk of the superior court, and sheriff;
(4) The duty, as specified by Code Section 36-9-10, to inspect county buildings; and
(5) The duty, as specified by Code Section 42-4-8, to receive and inspect the sheriffs jail report.",
and inserting in lieu thereof the following:
"15-12-71. (a) The duties of a grand jury shall be confined to such matters and things as it is required to perform by the Constitution and laws or by order of any superior court judge of the superior court of the county.
(b) The grand jury it deems necessary may appoint a committee of its members to inspect or investigate any office or public building including the jail or the office or building of any public authority of the county or the office of any county officer, any court or court official of the county, the county board of education, or the county school superintendent,

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any of the records, accounts, property, or operations thereof or to conduct such investiga tions as may be directed by any superior court judge and to prepare reports or issue pre sentments thereon. The grand jury may appoint one citizen of the county to provide techni cal expertise to the grand jury in connection with an inspection or investigation provided for in this Code section. Such citizen shall be compensated at the same rate that a grand juror is compensated.
(c) Any grand jury or any committee thereof which has undertaken to conduct an in spection or investigation as provided in subsection (b) of this Code section shall have the right to examine any papers, books, records, and accounts, to compel the attendance of witnesses, and to hear evidence. If any public officer, agent, or employee refuses to produce any such papers, books, records, and accounts, any superior court judge of the superior court of the county, upon evidence being adduced, may enforce this Code section by mandamus or attachment as the case may require. If any public officer, agent, or employee fails or refuses to exhibit to the grand jury or its committee the funds on hand or claimed by them to be on hand upon presentation of that fact to any superior court judge of the superior court the judge may by mandamus or attachment compel the delivery of the funds to the grand jury or the committee for the purpose of counting.
(d) The judge charging the grand jury shall inform the grand jury of the provisions of subsections (b) and (c) of this Code section."
Section 4. Said title is further amended by striking Code Section 15-12-75, relating to inspection of offices and records of certain county officials by the grand jury, which reads as follows:
"15-12-75. (a) In addition to the duties of the grand jury as indicated in the oath ad ministered to them and as required by law, it shall be their special duty, from term to term of the superior court, to inspect and examine the offices, papers, books, records of, and receipts and disposition of all money arising from fines and forfeitures by the clerk of the superior court, district attorney, and the judge of the probate court and also the books, papers, records, accounts, and vouchers of the county treasurer or depository, as the case may be, and to cause any such clerk, district attorney, judge of the probate court, or county treasurer of depository who has failed or neglected to do his duty as required by law to be presented for nonperformance of official duty.
(b) In making up their general presentments, they shall also take proper notice of the matters brought to their attention by the report and books of the county school superintendent.",
and inserting in lieu thereof the following:
"15-12-75. Reserved."
Section 5. Said title is further amended by striking Code Section 15-12-76, relating to appointment of a citizen or citizen committee by the grand jury to examine the offices and records of certain county officials, which reads as follows:
"15-12-76. (a) The grand jury, when they deem it necessary, may appoint as a commit tee any one or more citizens of the county to inspect and examine the offices, papers, books, records, accounts, and vouchers of the county governing authority, the clerk of the superior court, the county treasurer or depository, the tax collector, the tax receiver, the county school superintendent, the sheriff, and all other county officers. If any of the officers are the custodians of county funds by virtue of their offices or have in their possession funds be longing to the county, they shall exhibit them to the committee. It shall be the duty of the committee to count the same and to make a full and complete report of the finances, dis bursements, and conditions of the several offices to the grand jury at the succeeding term of the superior court.
(b) The person or persons so appointed to inspect and examine shall have power to take

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full control of the offices, papers, books, records, accounts, and vouchers of the several dif ferent offices; to compel the attendance of witnesses; and to hear evidence in regard to fraud, the nonperformance of official duty, and the improper disbursement of county funds.
(c) If any officers refuse to produce such papers, books, records, accounts, and vouchers, it shall be the duty of the judge of the superior court of the county, upon evidence being adduced, to enforce this Code section by mandamus or attachment, as the case may require. If any officers fail or refuse to exhibit to the committee the funds on hand or claimed by them to be on hand, upon presentation of that fact to the judge of the superior court by the committee it shall be his duty to compel the delivery of the funds to the committee for the purpose of counting the same, by mandamus or attachment.",
and inserting in lieu thereof the following:
"15-12-76. Reserved."
Section 6. Said title is further amended by striking Code Section 15-12-78, relating to inspection of county jails, which reads as follows:
"15-12-78. Grand juries shall carefully inspect the sanitary condition of the jails of their respective counties at each regular term of the superior court and in their general present ments shall make such recommendations to the county governing authorities as may be nec essary to provide for the proper heating and ventilation of the jails, which recommendations the county governing authorities shall strictly enforce. The grand juries shall also make such presentments as to the general sanitary condition of the jails and the treatment of the in mates as the facts may justify.",
and inserting in lieu thereof the following:
"15-12-78. Reserved."
Section 7. Said title is further amended by striking Code Section 15-12-79, relating to inspection of public buildings, property, and records and reports thereon, which reads as follows:
"15-12-79. The first or second grand jury impaneled in each calendar year shall inspect all the public buildings and other property of the county and the county records and shall report their condition in the general presentments. There shall be only one such inspection in a calendar year unless the inspecting grand jury or a grand jury impaneled later in the same year deems it necessary to inspect the property more than once during the same year.",
and inserting in lieu thereof the following:
"15-12-79. Reserved."
Section 8. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking subsection (b) of Code Section 16-10-6, relating to the sale of real or personal property to a political subdivision by a local officer or employee, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Subsection (a) of this Code section shall not apply to:
(1) Sales of personal property of less than $200.00 per calendar quarter;
(2) Sales of personal property made pursuant to sealed competitive bids made by the employee, appointive officer, or elective officer, either for himself or herself or on behalf of any business entity; or
(3) Sales of real property in which a disclosure has been made:
(A) To the grand jury or judge of the probate court of the county in which the purchas ing political subdivision is wholly included or, if not wholly included in any one county, to the grand jury or judge of the probate court of any county in which the purchasing political subdivision is partially included and which shall have been designated by the purchasing political subdivision to receive such disclosures, provided that if the sale is made by the

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judge of the probate court, a copy of such disclosure shall also be filed with any superior court judge of the superior court of the county;
(B) At least 15 days prior to the date the contract or agreement for such sale will be come final and binding on the parties thereto;
(C) Which shows that an employee, appointive officer, or elective officer of an employ ing political subdivision or agency thereof has a personal interest in such sale, which interest includes, without being limited to, any commission, fee, profit, or similar benefit and which gives the name of such person, his or her position in the political subdivision or agency, the purchase price, and location of the property."
Section 9. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking Code Section 20-2-112, relating to annual reports by county school superintendents to grand juries and inspection of books, which reads as follows:
"20-2-112. It shall be the duty of the county school superintendent to make a report of the school operations of the preceding fiscal year to the grand jury at the fall term of the superior court and to place his books before them for examination; and in making up the general presentments it shall be the duty of the jury to take proper notice of the matters thus brought to their attention.",
and inserting in lieu thereof the following:
"20-2-112. Reserved."
Section 10. Said title is further amended by striking Code Section 20-2-394, relating to information in reports to grand juries, which reads as follows:
"20-2-394. At the opening term of the superior court of each county where money has been borrowed by the county board of education under this part, the county school superin tendent shall include in his report to the grand jury the amount of money so borrowed during the preceding year, from whom borrowed, the rate of interest paid, the date or dates the money was borrowed, and when paid back.",
and inserting in lieu thereof the following:
"20-2-394. Reserved."
Section 11. Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, is amended by striking Code Section 36-9-10, relating to inspection of county build ings, property, and records by the grand jury, which reads as follows:
"36-9-10. It shall be the duty of the grand juries to inspect all the public buildings and other property of the county and the county records and to report in their general present ments their condition.",
and inserting in lieu thereof the following:
"36-9-10. Reserved."
Section 12. Section 1.1 of this Act shall become effective upon approval of this Act by the Governor or upon this Act's becoming law without such approval. Section 1 and Sections 2 through 11 of this Act shall become effective July 1, 1994.
Section 13. All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th moved that the Senate disagree to the House substitute to SB 31.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 31.

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The following bill was taken up to consider House action thereto:
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.
Senator Clay of the 37th moved that the Senate insist on its amendment to HB 533. On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 533. The following bill was taken up to consider House action thereto:
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.
The House amendment to the Senate amendment was as follows: Amend the Senate amendment to HB 1833 by adding on line 4 of page 1 after the word and symbol "city;" and before the word "to" the following: "to authorize the appointment of a city manager or administrator; to authorize the mayor and council to describe the duties, compensation, and procedure for removal relative to such office;".
By striking lines 31 and 32 of page 11 and inserting in lieu thereof the following: "Section 2. Said Act is further amended by adding at the end of Section 3.01 the following:
'The mayor and council of the City of Kennesaw shall be authorized to establish either the office of city administrator or city manager, to describe the duties and compensation of such office, and to provide for the removal of the city manager or city administrator.'
Section 3. All laws and parts of laws in conflict with this Act are repealed." Senator Clay of the 37th moved that the Senate agree to the House amendment to the Senate amendment to HB 1833. On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1833. The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 15-6-94 of the Official Code of Georgia Annotated, relating to the Georgia Superior Court Clerks' Cooperative Authority, so as to

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provide for the membership of the authority; to provide for the effectiveness of prior acts of the authority; to provide for related matters; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-94 of the Official Code of Georgia Annotated, relating to the Georgia Superior Court Clerks' Cooperative Authority, is amended by striking subsec tion (b) of said Code section and inserting in its place the following:
"(b) (1) The authority shall consist of seven members as follows: two members ap pointed by the prcaidcnt executive board of The Council of Superior Court Clerks of Geor gia to serve for a term of one year each and until their respective successors are appointed; two members appointed by the executive board of the The Council of Superior Court Clerks' Association Clerks of Georgia, who shall currently be superior court clerks, to serve for a term of two years each and until their respective successors are appointed; one member appointed by the Executive Board of Aaaociation County Commissioners of Georgia Gover nor, who shall currently be a county commissioner, to serve for a term of three years and until such member's respective successor is appointed; and two members appointed by the Governor to serve for a term of three years each and until their respective successors are appointed. After the initial appointments, all members thereafter shall serve for terms of three years each. All acts performed by the authority prior to the effective date of this paragraph shall have the same force and effect as if this paragraph had been in effect since the creation of the authority.
(2) Each member of the authority who is not otherwise a state officer or employee may be authorized by the authority to receive an expense allowance and reimbursement from funds of the authority in the same manner as provided for in Code Section 45-7-21. Each member of the authority who is otherwise a state officer or employee may be reimbursed by the agency of which he or she is an officer or employee for expenses actually incurred in the performance of his or her duties as a member of the authority. Except as specifically pro vided in this subsection, members of the authority shall receive no compensation for their services.
(3) Four members of the authority shall constitute a quorum; and the affirmative votes of four members of the authority shall be required for any action to be taken by the authority.
(4) The board may, in its discretion, appoint an executive director as the administrative head of the authority and shall set his or her salary. Unless the board appoints an executive director, the president of The Council of Superior Court Clerks of Georgia shall serve as the executive director and administrative head of the authority. If the president of The Council of Superior Court Clerks of Georgia serves as the administrative head of the authority, he or she may appoint a person as assistant director and delegate such of his or her powers and duties to such assistant as he or she desires. The executive director, with the concurrence and approval of the board, shall hire officers, agents, and employees; prescribe their duties, responsibilities, and qualifications and set their salaries; and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director.
(5) The authority may promulgate rules and regulations for its own government and for discharging its duties as may be permitted or required by law or applicable rules and regulations.
(6) The authority shall have perpetual existence."
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 Clay of the 37th moved that the Senate agree to the House substitute to SB 676.

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

Those voting in the affirmative were Senators:

Abernathy Alien Balfour Baugh Blitch Boshears
Borowuenn off 46thL BBruorwtonn of 26th C1 Coleman Crotts Day Dean Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer
Huill L. 2"u^kSins Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth Ragan of 32nd
Ru=alston oRTblnsn Scott Slotin Starr Taylor Thomas Thompson Turner

Those not voting were Senators:

Cheeks Edge
Henson

Isakson Langford of 35th (excused)

Tysinger Walker

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 676.
The following bill was taken up to consider House action thereto:
SB 314. By Senator Clay of the 37th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize and regulate the sale of alcoholic beverages for con sumption on the premises on Sunday in certain municipalities during certain hours; to provide for practices, procedures, and requirements related thereto; to provide an effective date.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages, so as to authorize and regulate the sale of alcoholic beverages for consumption on the premises on Sunday in certain municipal ities during certain hours; to provide for practices, procedures, and requirements related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages, is amended in Code Section 3-3-7, relating to local author ization and regulation of sales of alcoholic beverages on Sunday, by adding at the end thereof a new subsection (m) to read as follows:
"(m) In all municipalities or in any portion of any municipality in which the sale of

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alcoholic beverages is lawful, the governing authority of the municipality may authorize the sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays by the adoption of an ordinance or resolution. The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title granting certain authority to a county or municipality relative to the sale of alcoholic beverages for consumption on the premises. Said authorization may be re voked by such governmental authority in the same manner.
(n) A municipality in which the sale of alcoholic beverages on Sunday is authorized by any other provision of law may by the adoption of an ordinance authorize the sale of alco holic beverages in public stadiums, coliseums and auditoriums owned or controlled by it or by a public authority and having seating capacity in excess of 2,500 people on Sunday be tween the hours of 12:30 P.M. and midnight."
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 Clay of the 37th moved that the Senate agree to the House substitute to SB 314.
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 Bowen Broun of 46th Brown of 26th Burton Clay Coleman Crotts

Day Egan Gillis Guhl Harbison Hemmer Henson Hooks Kemp Langford of 29th Madden

Newbill Oliver Parrish Ragan of llth Ray Robinson Scott Slotin Taylor Turner

Those voting in the negative were Senators:

Blitch Boshears Dean Edge Farrow

Glanton Gochenour Huggins Marable McGuire

Pollard Ragan of 32nd Ralston Starr Thompson

Those not voting were Senators:

Cheeks Hill Isakson

Langford of 35th (excused) Thomas

Middleton

Tysinger

Perdue

Walker

On the motion, the yeas were 32, nays 15; the motion prevailed, and the Senate agreed to the House substitute to SB 314.

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The following bill was taken up to consider House action thereto:
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.
Senator Gillis of the 20th moved that the Senate adhere to its amendment to HB 1810 and that a Conference Committee be appointed.
On the motion, the yeas were 30, nays 0, and the Senate adhered to its amendment to HB 1810.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Gillis of the 20th, Ray of the 19th and Marable of the 52nd.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
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 substantially revise provisions relating to campaign finance disclosure and regulation, personal financial disclosure, and lobbyist reporting; to specify requirements for names of political action committees and separate segregated funds; to provide for the period of effectiveness of certain campaign committee registrations; to revise provisions relating to prohibited contributions by governmental agen cies; to change certain required contents of campaign finance disclosure reports; to change the manner of filing of campaign finance disclosure reports; to provide additional filing fees for late campaign finance disclosure reports; to change provisions relating to limitations upon amounts of contributions; to change the time of filing of certain campaign finance disclosure reports in connection with recall campaigns; to provide that the prohibition against accepting campaign contributions during legislative sessions shall not apply to can didates for certain judicial offices; to allow the acceptance of certain contributions at certain times and for certain purposes; to provide that certain loans and contributions shall not be subject to limits on campaign contributions; to change provisions relating to filing of finan cial disclosure statements by public officers and candidates for public office; to change provi sions relating to disclosure of lobbyists' expenditures; to change provisions relating to fees for certain filings by lobbyists; to provide for limits on contributions to influence voter ap proval or rejection of proposed constitutional amendments, state-wide referenda, or pro posed questions which are to appear on the ballot in any county or municipal election; to provide for contribution amounts; to provide for applicability with respect to certain per sons, partnerships, corporations, political committees, and political parties; to provide for other matters related to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," is amended by adding at the end of Article 1 a new Code Section 21-512, to read as follows:

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"21-5-12. (a) As used in this Code section, the term 'connected organization' means any organization, including any corporation, labor organization, membership organization, or co operative, which is not a political action committee, as denned in this article, but which, directly or indirectly, establishes or administers a political action committee or which pro vides more than 40 percent of the funds of the political action committee for a calendar year.
(b) The name of each political action committee shall include the name of its connected organization.
(c) The name of any separate segregated fund, as defined in Code Section 21-5-40, shall include the name of its connected organization."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 21-5-30, relating to making and acceptance of campaign contributions, and inserting in its place a new subsection to read as follows:
"(b) Each candidate shall maintain records and file reports as required by this chapter or shall have a campaign committee for the purpose of maintaining records and filing re ports as required by this chapter. Every campaign committee shall have a chairperson and a treasurer, except that the candidate may serve as the chairperson and treasurer. Before a campaign committee accepts contributions, the name and address of the chairperson and treasurer shall be filed with the Secretary of State. When a candidate has been elected to public office, the registration of that candidate's campaign committee with the Secretary of State shall remain in effect so long as the candidate remains in office until and unless: TTJ the registration is canceled by the campaign committee or the candidate; or (2) a new cam paign committee for that candidate is registered with the Secretary of State. The same per son may serve as chairperson and treasurer. No contributions shall be accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of chairperson or treasurer of the campaign committee."
Section 3. Said chapter is further amended by striking subsection (d) of said Code Sec tion 21-5-30 and inserting in its place a new subsection to read as follows:
"(d) Where separate contributions of less than $101.00 are knowingly received from a common source, such contributions shall be aggregated for reporting purposes. For purposes of fulfilling such aggregation requirement, members of the same family, firm, or partnership or employees of the same person, as defined in paragraph (14) of Code Section 21-5-3, shall be considered to be a common source; provided, however, that the purchase of tickets for not more than $25.00 each and for or attendance at a fundraising event by members of the same family, firm, or partnership or employees of the same person shall not be considered to be contributions from a common source except to the extent that tickets are purchased as a block."
Section 4. Said chapter is further amended by striking subsections (a), (b), and (c) of Code Section 21-5-30.2, relating to contributions by public agencies, and inserting in their place new subsections to read as follows:
"(a) Except as otherwise provided in this subsection, the definitions set forth in Code Section 21-5-3 shall be applicable to the provisions of this Code section. As used in this Code section, the term:
(1) 'Agency' means:
(A) Every state department, agency, board, bureau, commission, and authority;
(B) Every county, municipal corporation, school district, or other political subdivision of this state;
(C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of this state; and

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(D) Every city, county, regional, or other authority established pursuant to the laws of this state.
(2) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, ad vance or deposit of money, or anything of value conveyed or transferred by or on behalf of an agency, without receipt of payment therefor, to any campaign committee, political action committee, or political organization or to any candidate for campaign purposes.
(3) 'Elector' means any person who shall possess all of the qualifications for voting now or hereafter prescribed by the laws of this state and who shall have registered in accordance with Chapter 2 or 3 of this title.
(4) 'Political action committee' means any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations aggregating in excess of $1,000.00 during a calendar year from persons who are members or supporters of the committee and which distributes these funds as contributions to one or more campaign committees of candidates for public office. Such term does not mean a campaign committee.
(5) 'Political organization' means an affiliation of electors organized for the purpose of influencing or controlling the policies and conduct of government through the nomination of candidates for public office and, if possible, the election of its candidates to public office.
(6) 'Public meeting place' means any county, municipal, or other public building suita ble and ordinarily used for public gatherings.
(b) No agency and no person acting on behalf of an agency shall make, directly or indirectly, any contribution to any campaign committee, political action committee, or polit ical organization or to any candidate; but nothing in this Code section shall prohibit the furnishing of office space, facilities, equipment, goods, or services to a public officer for use by the public officer in such officer's fulfillment of such office.
(c) No campaign committee, political action committee, or political organization or can didate shall accept a contribution in violation of subsection (b) of this Code section?1
Section 5. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 21-5-34, relating to campaign finance disclosure reports, and inserting in its place a new paragraph to read as follows:
"(1) The candidate or the chairperson or treasurer of each campaign committee organ ized to bring about the nomination or election of a candidate for any office except county and municipal offices or the General Assembly and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide referendum shall file with the Secre tary of State the required campaign contribution disclosure reports. In addition, a A candi date for membership in the General Assembly or the chairperson or treasurer of sucE candi date's campaign committee shall file a copy of each of such candidate's reports with the election superintendent of the county of such candidate's residence and shall file a copy of such reports with the Secretary of State; and such reports of candidates for membership in the General Assembly shall be deemed to be filed for all legal purposes where the originals are filed except for hearings authorized to be held by the commission?1
Section 6. Said chapter is further amended by striking subparagraph (b)(l)(A) of Code Section 21-5-34, relating to campaign finance disclosure reports, and inserting in its place a new subparagraph to read as follows:
"(A) The amount and date of receipt, along with the name, and mailing address and occupation of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events coor dinated for the purpose of raising campaign contributions for the reporting candidate. Records shall be maintained of the business, occupation, or place of employment of the person making the contribution or auch person's apouac and the cumulative total of auch contributions shall be reported according to occupational categories;".

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Section 7. Said chapter is further amended by striking divisions (iii) and (vii) of subparagraph (b)(l)(D) of said Code Section 21-5-34 and inserting in their respective places new divisions to read as follows:
"(iii) The first report of a reporting cycle shall list the contribution net balance on hand brought forward from the previous reporting cycle, if any, and the totaTcontributions received during the period covered by the report;"
"(vii) If a public officer seeks reelection to the same public office or election to a differ ent public office, the contribution net balance on hand at the end of the current reporting cycle shall be carried forward to theTErst report of the applicable new reporting cycle; and".
Section 8. Said chapter is further amended by adding at the end of said Code Section 21-5-34 a new subsection (k) to read as follows:
"(k) In addition to other penalties provided under this chapter, an additional filing fee of $25.00 shall be imposed for each report that is filed late. In addition, a filing fee of $50.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed. Provided, however, a 15 days extension period shall be granted on the final report."
Section 9. Said chapter is further amended by striking subsection (f) of said Code Sec tion 21-5-34 and inserting in its place a new subsection to read as follows:
"(f) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer shall file campaign contribution disclosure reports with the Secretary of State as follows:
(1) An initial report shall be filed within 15 days after the date when the official recall petition forms were issued to the sponsors;
(2) A second report shall be filed 45 days after the filing of the initial report;
(3) A third report shall be filed within 16 days after the expiration date fof acquiring aignaturcs on the recall petition 20 days after the election superintendent certifies legal suf ficiency or insufficiency of a recall petition;
(4) A final report shall be filed prior to December 31 of the year in which the recall election is held or, in any case where such recall election is not held, a final report shall be filed prior to December 31 of any year in which such campaign committee accepts such contributions or makes such expenditures; and
(5) In the case of state officials or county officials, a copy of each of the reports shall also be filed with the election superintendent in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality.
Each filing officer shall forward a copy of the reporting forms required by this Code section to each candidate or public officer holding elective office required to file such report within a reasonable time prior to each filing."
Section 10. Said chapter is further amended by striking Code Section 21-5-35, relating to acceptance of campaign contributions during legislative sessions, and inserting in its place a new Code section to read as follows:
"21-5-35. (a) No member of the General Assembly or that member's campaign commit tee or public officer elected state wide or campaign committee of such public officer shall accept a contribution during a legislative session.
(b) Subsection (a) of this Code section shall not apply to:
(1) The receipt of a contribution which is returned with reasonable promptness to the donor or the donor's agent; er
(2) The receipt and acceptance during a legislative session of a contribution consisting

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of proceeds from a dinner, luncheon, rally, or similar fundraising even held prior to the legislative session; or
(3) A judicial officer elected state wide or campaign committee of such judicial officer."
Section 11. Said chapter is further amended by striking Article 2A and inserting in its place a new article to read as follows:
"ARTICLE 2A
21-5-40. As used in this article, the term:
(1) 'Affiliated committees' means any two or more political committees (including a sep arate segregated fund) established, financed, maintained, or controlled by the same corpora tion, labor organization, person, or group of persons, including any parent, subsidiary, branch, division, department, or local unit thereof.
(2) 'Affiliated corporation' means with respect to any corporation any other corporation related thereto: as a parent corporation; as a subsidiary corporation; as a sister corporation; by common ownership or control; or by control of one corporation by the other.
(3) 'Corporation' means any business or nonprofit corporation organized under the laws of this state, any other state, or the United States.
(4) 'Election' means a primary, run-off primary, general election, general election runeffrspccial election, or special election runoff year' shall be construed and applied separately for each elective office and means for each elective office the calendar year during which a regular or special election to fill such office is held.
(4.1) 'Nonelection year' shall be construed and applied separately for each elective office and Tneans for each elective office any calendar year during which there is no regular or special election to fill such officeT
(5) 'Person' means an individual.
(6) 'Political committee' means: (A) any partnership, committee, club, association, or ganization, party caucus of the House of Representatives or the Senate, or similar entity (other than a corporation) or any other group of persons or entities which makes a contribu tion; or (B) any separate segregated fund.
(6.1) 'Political party' means any political party as that term is defined in paragraph (21) of Code Section 21-2-3, as amended; provided, however, that for purposes of this article, local, state, and national committees shall be separate political parties.
(6.2) 'Public office' means the office of each elected public officer as specified in para graph (15) of Code Section 21-5-3.
(7) 'Separate segregated fund' means a fund which is established, administered, and used for political purposes by a corporation, labor organization, membership organization, or cooperative and to which the corporation, labor organization, membership organization, or cooperative solicits contributions.
21-5-41. (a) No person shall for any election during the course of any nonelection year make contributions to any candidate for state-wide elected office which in the aggregate for that year exceed 82,600.00 $1,000.00. No person shall during the course of any election year after the year 1994 make contributions to any candidate for state-wide elected office which in the aggregate for that year exceed $5,000.00. No person shall during the course of the 1994 election year make contributions to any candidate for state-wide elected office which in the aggregate for that year exceed $7,500.00.
(a.l) No person shall for any election during the course of any nonelection year make contributions to any candidate for the General Assembly or public office other than state wide elected office which in the aggregate for that year exceed $1,000.00. No person shall during the course of any election year makeTcontributions to any candidate for the General

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Assembly or public office other than state-wide elected office which in the aggregate for that year exceed $2,000.001
(b) A contribution by a partnership shall be deemed to have been made pro rata by the partners as individuals for purposes of this Code section, as well as by the partnership in toto for purposes of Code Section 21-5-43.
(c) The limits established by this Code section shall not apply to a loan or other contri bution" made to a campaign committee or candidate by the candidate or a member of the candidate's immediate familyT
(d) No person shall for any election make contributions to any person or campaign committee for the purpose of influencing voter approval or rejection of a proposed constitu tional amendment or state-wide referendum which in aggregate exceed $2,500.00.
(e) No person shall for any election make contributions to any person or campaign com mittee" for the purpose of influencing voter approval or rejection of a proposed question which is to appear on the ballot in any county or municipal election which in the aggregate exceed $1,000.00.
21-5-42. (a) No corporation shall for any election during the course of any nonelection year make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate for the same clcettem in the same year by an affiliated corporations, exceed $2,600.00 $1,000.00. No corporation shall during the course of any election year after the year 1994 make contriEu^ tions to any candidate for state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate in the same year by any affiTP ated corporations, exceed $5,000.00. No corporation shall during the course of the 1994 elec tion year make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate in the same year by any affiliated corporations, exceed $7,500.00.
(b) No corporation shall for any election during the course of any nonelection year make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate for the aamc ^Icetieft in the same year by any affiliated corporations, exceed $1,000.00. No corporation shall during the course of any election year make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate in the same year by any affiliated corporations, exceed $2,000.00.
(c) The limits established by this Code section shall not apply to a bona fide loan made to a oindidate or campaign committee by a state or federally chartered financial institution or a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation if:
(1) Such loan is made in the normal course of business with the expectation on the part of all parties that such loan shall be repaid; am?
(2) Such loan is based on the credit worthiness of the candidate and the candidate is personally liable for the repayment of the loan.
(d) No corporation shall for any election make contributions to any person or campaign committee for the purpose of influencing voter approval or rejection of a proposed constitu tional amendment or state-wide referendum which in the aggregate, together with any con tributions to the same person or campaign committee for the same election by any affiliated corporations, exceed $2,500.00.
(e) No corporation shall for any election make contributions to any person or campaign committee for the purpose of influencing voter approval or rejection of a proposed question which is to appear on the ballot in any county or municipal election which in the aggregate,

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together with any contributions to the same person or campaign committee for the same election by any affiliated corporations, exceed $1,000.00?
21-5-43. (a) No political committee shall for any election during the course of any nonelection year make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate fef the same election in the same year by any affiliated political committees, exceed $2,600.00 $1,000.00. No political committee shall during the course of any election year after the year 1994 make contributions to any candidate for state-wide elected office which in the aggre gate for that calendar year, together with any contributions to the same candidate in the same year by any affiliated political committees, exceed $5,000.00. No political committee shall during the course of the 1994 election year make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate in the same year by any affiliated political committees^ exceed $7,500.00.
(b) No political committee shall for any election during the course of any nonelection year make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate for the 8amc~ election in the same year by any affiliated political committees, exceed $1,000.00. No political committee shall during the course of any election year make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate in the same year by any affili ated political committees, exceed $2,000.00.
(c) No political committee shall for any election make contributions to any person or campaign committee for the purpose of influencing voter approval or rejection of a proposed constitutional amendment or state-wide referendum which in the aggregate, together with any contributions to the same person or campaign committee for the same election by any affiliated political committees, exceed $2,500.00T
(d) No political committee shall for any election make contributions to any person or campaign committee for the purpose of influencing voter approval or rejection of a proposed question which is to appear on the ballot in any county or municipal election which in fEe aggregate, together with any contributions to the same person or campaign committee for the same election by any affiliated political committees, exceed $1,000.00.
21-5-43.1. (a) No political party shall for any election during the course of any nonelec tion year make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year exceed $2,600.00 $1,000.00. No political party shall during the course of any election year~after the year 1994~make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year exceed $5,000.00. No political party shall during the course of the 1994 election year make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year exceecl $7,500.00.
(b) No political party shall for any election during the course of any nonelection year make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for that calendar year exceed $1,000.00. No political party shall during the course of any election year make contributions to any candT date for the General Assembly or public office other than state-wide elected office which in the aggregate for that calendar year exceed $2,000.00.
(c) The limitations provided for in this Code section shall not include contributions or expenditures made by a political party in support of a party ticket or a group of named candidates.
(d) No political party shall for any election make contributions to any person or cam paign committee for the purpose of influencing voter approval or rejection of a proposeH

WEDNESDAY, MARCH 16, 1994

1899

constitutional amendment or state-wide referendum which in the aggregate exceed $2,500.00.
(e) No political party shall for any election make contributions to any person or campaign~committee for the purpose of influencing voter approval or rejection of a proposed question which is to appear on the ballot in any county or municipal election which in the aggregate exceed $1,OOO.OOT
21-5-44. For purposes of this article, a contribution to a campaign committee of a candi date for any public office shall be deemed to be a contribution to such candidate.
21-6-46. The limitations on contributions imposed by this article ahall apply separately with respect to each election, provided, however, that no contribution whatsoever may be made to a candidate for public office for an election other than a general primary if auch candidate will not be on the ballot at auch election other than a general primary. If during any calendar year there occur both a special election and a general election for the same public office and if the same person is a candidate for election at both such special election and such general election, then this Code section shall apply. Where this Code section ap plies, a person, corporation, political committee, or political party may contribute up to the maximum amount otherwise allowable under this article to such person or such person's campaign committee for the purpose of influencing such candidate's election at the special election; and the same person, corporation, political committee, or political party may con tribute up to the maximum amount otherwise allowable under this article for the purpose~of influencing such candidate's election at the general election. This Code section shall be con strued according to the following rules:
(1) It is the general intent of this Code section to allow a person who is a candidate for election at both a special election and a general election in the same calendar year to receive up to but no more than twice the amount of contributions which could otherwise be received from any one donor during the year; and
(2) Seeking nomination at a special primary or general primary shall be considered as seeking election at the ensuing special election or general election for the purpose of deter mining whether a person is a candidate for election at both the special election and the general election and allowing the application of this Code section; but seeking election at only a single primary and its ensuing election shall not bring this Code section into effect."
Section 12. Said chapter is further amended by striking subsection (a) of Code Section 21-5-50, relating to financial disclosure statements by officers and candidates, and inserting in its place a new subsection to read as follows:
"(a) (1) Except as modified in subsection (c) of this Code section with respect to candi dates for state-wide elected public office, each public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year; and each person who quali fies as a candidate for election as a public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State, not later than July 1 in the year in which auch person qualifies no later than the fifteenth day follow ing the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year.
(2) Each public officer, as defined in subparagraph (F) of paragraph (15) of Code Sec tion 21-5-3, shall file with the election superintendent of the county of election of such pub lic officer, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election, not later than July 1 in the year in which such person qualifies no later

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than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year.

(3) Each public officer, as defined in subparagraph (G) of paragraph (15) of Code Sec tion 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure state ment for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not later than July 1 in the year in which such person qualifies no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year.

(4) The filing officer shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter.

(5) A public officer shall not, however, be required to file such a financial disclosure statement for the preceding calendar year in a year in which there occurs qualifying for election to succeed such public officer, if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this subsection, a public officer shall not be deemed to hold office in a year in which the public officer holds office for less than 15 days.

(6) Notwithstanding any other provisiona of this subsection, if, due to o special election or otherwise, a person docs not qualify as a candidate for election as a public officer until after the first day of July, auch pcraon shall file with the appropriate filing officer no later than the fifteenth day following the date of qualifying as a candidate n financial disclosure atatcmcnt for the preceding calendar year."

Section 13. Said chapter is further amended by striking subparagraph (D) of paragraph (1) of Code Section 21-5-70, relating to definitions applicable to lobbyist disclosure, and inserting in its place a new subparagraph to read as follows:

"(D) Notwithstanding division (x) of subparagraph (E) of this paragraph, includes food or beverage consumed at a single meal or event by a public officer or public employee or a member of the immediate family of such public officer or public employee; and".

Section 14. Said chapter is further amended by striking paragraph (2) of subsection (f) of Code Section 21-5-71, relating to lobbyist registration and reporting, 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

(C) Each lobbyist identification card issued pursuant to this Code section

5.00

(B) Each lobbyist report filed pursuant to Code Section 21 6 78

i&ee

(B) (D) In addition to other penalties provided under this chapter, an addi-

tlonal a filing fee of $50.00 shall be imposed for each report that is filed

late. In addition, a filing fee of $25.00 shall be imposed on the fifteenth

day after the due date if the report has still not been filed."

Section 15. 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: (1) file a disclosure report, current through the end of the preceding month, on or before the fifth day of May, September, and January of each year instead of the reports otherwise required by subsection (c) of this Code section and the first sentence

WEDNESDAY, MARCH 16, 1994

1901

of this subsection; and (2) file such report with the commission, file a copy of such report with the election superintendent of each county involved if the report contains any expendi tures relating to county or county school district affairs, and file a copy of such report with the municipal clerk (or if there is no municipal clerk, with the chief executive officer of the municipality) of each municipality involved if the report contains any expenditures relating to municipal affairs or independent school district affairs."
Section 16. 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 17. (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 15 and 16 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 15 and 16 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 15 and 16 of this Act shall not take effect.
Section 18. 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 as amended by the following amendment:
Amend the House substitute to SB 657 by striking lines 32 and 33 of page 6 and in serting in lieu thereof the following:
"originals are filed, except that this shall not be construed to prohibit the commission from Hearing and deciding matters relating to such reports at the state capitol or any other place where the commission is authorized to meet.'"
By adding after line 31 of page 23 the following:
"(c) The following provisions enacted by this Act shall take effect on September 1, 1994:
(1) Subsections (d) and (e) of Code Section 21-5-41;
(2) Subsections (d) and (e) of Code Section 21-5-42;
(3) Subsections (c) and (d) of Code Section 21-5-43;
(4) Subsections (d) and (e) of Code Section 21-5-43.1."
Senator Edge of the 28th moved that the substitute be printed.
On the motion, the yeas were 38, nays 0; the motion prevailed; the substitute was or dered printed, and action on the Robinson motion was suspended subject to printing.
The following bill was taken up to consider House action thereto:
HB 282. By Representatives Twiggs of the 8th and Colwell of the 7th:
A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to the local fair share of funding under the "Quality Basic Education Act," so as to change the provisions relating to the limitation on local fair share funds.
Senator Newbill of the 56th moved that the Senate insist on its amendment to HB 282.

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JOURNAL OF THE SENATE

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 282.
The following bill was taken up to consider House action thereto:

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 House amendment was as follows:
Amend SB 554 by striking "; provided, however, that such" and inserting "if the" on lines 9 and 10 of page 2.
Senator Newbill of the 56th moved that the Senate agree to the House amendment to SB 554.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Egan Farrow Gillis Gochenour
Guhl Harbison Hemmer Hill HHouoggksins Isakson Kemp
Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard
Ragan of llth Ragan of 32nd Rnktnn ^ ton ,,Ro*b.inson bcott Slotln
Starr Taylor Thomas Turner Tysinger

Those not voting were Senators:

Glanton Henson

Langford of 35th (excused) Parrish

Thompson Walker

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 554.
The following bill was taken up to consider House action thereto:
SB 99. By Senator Newbill of the 56th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," so as to redefine "autopsy" and "limited dissection"; to provide that tissues may be retained for additional studies; to provide that the county medical examiner shall be notified when any person dies after having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission.

WEDNESDAY, MARCH 16, 1994

1903

The House substitute was as follows:

A BILL
To be entitled an Act to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," so as to provide that the county medical examiner shall be notified when any person dies after having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," is amended by striking subsection (a) of Code Section 45-16-24, relating to notification of suspicious or unusual deaths, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) When any person dies in any county in this state:
(1) As a result of violence;
(2) By suicide or casualty;
(3) Suddenly when in apparent good health;
(4) When unattended by a physician;
(5) In any suspicious or unusual manner, with particular attention to those persons 16 years of age and under;
(6) After birth but before seven years of age if the death is unexpected or unexplained;
(7) As a result of an execution carried out pursuant to the imposition of the death penalty under Article 2 of Chapter 10 of Title 17; er
(8) When an inmate of a state hospital or a state, county, or city penal institution;; or
(9) After having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission,
it shall be the duty of any law enforcement officer or other person having knowledge of such death to notify immediately the coroner or county medical examiner of the county wherein the body is found or death occurs. For the purposes of this Code section, no person shall be deemed to have died unattended when the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Newbill of the 56th moved that the Senate agree to the House substitute to SB 99.
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 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

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McGuire Middleton NOP_e.le.irwvdeburiell
Pollard
Ragan of llth

Ragan of 32nd Ralston RnRScaooyibtitnson
Slotin
Starr

Taylor Thomas mIn. om_pson
Turner
Tysinger Walker

Those not voting were Senators:

Cheeks

Langford of 35th (excused) Parrish

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 99.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendments to the following bills of the House:
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 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 492. By Representatives Mueller of the 152nd, Purcell of the 147th, Dixon of the 150th, White of the 161st, Hembree of the 98th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to pro vide for a presumption that proficiency in Braille reading and writing is essential for the education of blind students; to provide for an inventory of Braille skills.
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 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.
The Speaker has appointed on the part of the House, Representatives Harris of the 112th, Colwell of the 7th and Powell of the 23rd.

WEDNESDAY, MARCH 16, 1994

1905

The House has disagreed to the Senate substitute to the following bill of the House:
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.
The House insists on its position in amending the following bill of the Senate:
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 House insists on its position in substituting the following bill of the Senate:
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 House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill 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.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, so as to exempt from the licensing requirements for professional counselors certain persons who engaged in the practice of a specialty or engage in the practice of social work as employees of any community service board or similar entity created by general law to provide services to per sons with disabilities and practitioners who are employees or student peer counselors of a

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public or private college or university in this state; to provide for an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, is amended by striking subsections (b) and (c) of said Code section in their entirety and inserting in lieu thereof 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;
(3) (A) Persons who, prior to July 1, 1997, engaged in the practice of a specialty as an employee of any community service board or similar entity created by general law to pro vide services to persons with disabilities, as defined in Chapter 2 of Title 37, or 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 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, or any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as employees of such community service board or similar entity, agency, or department, and persons or enti ties which contract to provide social work services wfth any community service board or similar entity or 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 contracts 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; emd
(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;

WEDNESDAY, MARCH 16, 1994

1907

(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 workers 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;
(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) Any person engaged in the practice of professional counseling as an employee or student peer counselor of the University System of Georgia or its educational units or of a public or private college or university within this state, but only when engaged in that prac tice as such an employee or student peer counselor and excepting the use of psychotherapeutic techniques to evaluate and treat emotional and mental illness, disorder, or dysfunction.
(c) Unless exempt under paragraph (1), (2), (4), (5), (6), (11), (13), ef (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 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Henson of the 55th moved that the Senate agree to the House substitute to SB 434.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Abernathy Balfour
Baugh Bh'tch Boshears

Harbison Hemmer
Henson Hill Hooks

Pollard Ragan of llth
Ralston Ray Robinson

We" ,. RBBrruorwUt nnn off t26th
Coleman Crotts
Dean Edge Egan Gillis

Hu^ins I,K.saekmspn
Langford of 29th Madden
Marable McGuire Oliver Perdue

Scott S,,S.ltoatrirn
Taylor Thomas
Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Day Farrow Glanton

Gochenour Guhl

Newbill Ragan of 32nd

Those not voting were Senators:

Alien Cheeks

Clay Langford of 35th (excused)

Middleton Parrish

On the motion, the yeas were 43, nays 7; the motion prevailed, and the Senate agreed to the House substitute to SB 434.

The following bills were taken up to consider House action thereto:

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.
Senator Henson of the 55th moved that the Senate insist on its amendment to HB 170.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 170.

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.
Senator Henson of the 55th moved that the Senate adhere to its amendment and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to its amendment.

WEDNESDAY, MARCH 16, 1994

1909

The President appointed as a Conference Committee on the part of the Senate, the following:
Senators Henson of the 55th, Starr of the 44th and Perdue of the 18th.
The following bill having been taken up previously, and action postponed subject to printing, was continued upon its consideration:
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.
Senator Robinson of the 16th restated the motion that the Senate agree to the House substitute as amended by the Senate. The House substitute and Robinson amendment to the substitute appear 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 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 Huggins Isakson Kemp Langford of 29th Madden Marable Middleton Oliver

Those voting in the negative were Senators:

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

Day

McGuire

Those not voting were Senators:

Newbill

Hooks

Langford of 35th (excused) Parrish

On the motion, the yeas were 50, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 657 as amended by the Senate.

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The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 521. By Senators Burton of the 5th, Ragan of the llth, Marable of the 52nd, Dean of the 31st and Ray of the 19th:
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.
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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 436. By Senators Newbill of the 56th, Clay of the 37th, Egan of the 40th, Burton of the 5th, Ragan of the 32nd 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 House insists on its position in substituting the following bill of the Senate:
SB 31. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and Isakson of the 21st:
A bill to provide for an additional judge of the superior court of the Cobb Judi cial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Cobb Judicial Circuit.
The President announced that the Senate would stand in recess from 12:15 P.M. until 1:45 P.M.

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1911

Senator Robinson of the 16th, President Pro Tempore, called the Senate to order at 1:45 P.M.
The following bill was taken up to consider House action thereto:
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.
Senator Farrow of the 54th moved that the Senate insist on its amendment to HB 897.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 897.
Senator Baugh of the 25th asked unanimous consent that the following bill of the House, which was passed on the Local Consent Calendar today, be reconsidered:
HB 2020. 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 certain homesteads that are leased to certain residents of that county.
The consent was granted, and HB 2020 was reconsidered.
The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a definition of an unlicensed personal care home; to provide for a civil penalty for operating an unlicensed personal care home; to provide for procedures, exceptions, hearings, and appeals connected therewith; to provide for calcula tion of civil penalties and doubling in certain circumstances; to provide for remedies for residents of personal care homes; 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 pro vide for grievance procedures for violations of such rights; to provide for administrative hearings for violations of such rights; to prevent certain resident transfers; to provide for a private cause of action for violation of such rights or for retaliatory actions and the condi tions, procedures, and remedies relating thereto; to provide for criminal and civil penalties; to provide for injunctive relief; to prohibit certain defenses; to provide for mandamus ac tions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is

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amended by inserting a new Code section to be designated Code Section 31-7-12.1 to read as follows:
"31-7-12.1. (a) A facility shall be deemed to be an 'unlicensed personal care home' if it is unlicensed and not exempt from licensure and:
(1) The facility is providing personal services and is operating as a personal care home as those terms are defined in Code Section 31-7-12;
(2) The facility is held out as or represented as providing personal services and operat ing as a personal care home as those terms are defined in Code Section 31-7-12; or
(3) The facility represents itself as a licensed personal care home.
(b) Personal care homes in existence on the effective date of this Code section which obtain licenses from the department no later than October 1, 1994, shall not be subject to the penalties set out in this Code section.
(c) Except as provided in subsection (b) of this Code section, any unlicensed personal care home shall be assessed by the department, after opportunity for hearing in accordance with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act," a civil penalty in the amount of $100.00 per bed per day for each day of violation of subsec tion (b) of Code Section 31-7-12. The department shall send a notice by certified mail stat ing that licensure is required and including a period for obtaining licensure with an expira tion date. Such notice shall be deemed to be constructively received on the date of the first attempt to deliver such notice by the United States Postal Service. For unlicensed personal care homes which were not in existence on the effective date of this Code section, the civil penalty provided by this subsection shall be calculated as beginning on the expiration date of the notice. For unlicensed personal care homes which were in existence on the effective date of this Code section, the civil penalty provided by this subsection shall be calculated as beginning on the expiration date of the notice or on October 1, 1994, whichever is later. The department shall take no action to collect such civil penalty until after opportunity for a hearing.
(d) The civil penalty authorized by subsection (c) of this Code section shall be doubled if:
(1) The operator of an unlicensed personal care home refuses to seek licensure; or
(2) The operator seeks licensure, the licensure application is denied, and the operator continues to operate the unlicensed personal care home.
(e) The operator of a personal care home who is assessed a civil penalty in accordance with this Code section may have review of such civil penalty by appeal to the superior court in the county in which the action arose or to the Superior Court of Fulton County in accor dance with the provisions of Code Section 31-5-3."
Section 2. Said title is further amended by inserting in Chapter 8, relating to care and protection of elderly and indigent patients, a new article to be designated Article 5A to read as follows:
"ARTICLE 5A
31-8-130. This article shall be known and may be cited as the 'Remedies for Residents of Personal Care Homes Act.'
31-8-131. The General Assembly finds that persons residing within personal care homes are often isolated from the community and often lack the means to assert fully their rights as individual citizens. The General Assembly also recognizes that in order for the rights of residents of personal care homes to be fully protected, residents must be afforded a means of recourse when such rights have been denied. It is therefore the intent of the General Assembly to preserve the dignity and personal integrity of residents of personal care homes by providing access to a legal process to hear and redress the grievances of such residents regarding their individual rights.

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1913

31-8-132. As used in this article, the term:
(1) 'Administrator' means the manager designated by the governing body of a personal care home as responsible for the day-to-day management, administration, and supervision of the personal care home, who may also serve as on-site manager and responsible staff person except during periods of his or her own absence.
(2) 'Community ombudsman' means a person certified as a community ombudsman pursuant to Code Section 31-8-52.
(3) 'Governing body' means the board of trustees, the partnership, the corporation, the association, or the person or group of persons who maintain and control a personal care home and who are legally responsible for the operation of the home.
(4) 'Legal surrogate" means a duly appointed person who is authorized to act, within the scope of the authority granted under the legal surrogate's appointment, on behalf of a resi dent who is adjudicated or certified incapacitated. No member of the governing body, ad ministration, or staff of a personal care home or any affiliated personal care home or their family members may serve as the legal surrogate for a resident.
(5) 'Personal care home' or 'home' means a facility as defined in Code Section 31-7-12.
(6) 'Representative' means a person who voluntarily, with the resident's written author ization, may act upon the resident's direction with regard to matters concerning the health and welfare of the resident, including being able to access personal records contained in the resident's file and receive information and notices pertaining to the resident's overall care and condition. No member of the governing body, administration, or staff of a personal care home or any affiliated personal care home or their family members may serve as the repre sentative for a resident.
(7) 'Resident' means a person who resides in a personal care home.
(8) 'State ombudsman' means the state ombudsman established under Code Section 318-52.
31-8-133. Residents' rights shall include all rights enumerated in the Rules of the De partment of Human Resources Chapter 290-5-35, including, but not limited to, procedural protections relating to admission, transfer, or discharge of residents.
31-8-134. (a) Any resident, or the representative or legal surrogate of the resident, if any, who believes his or her rights under this article have been violated by a personal care home or its governing body, administrator, or employee shall be permitted to file a grievance under this Code section.
(b) In order to file the grievance provided for in subsection (a) of this Code section, the resident, or representative or legal surrogate of the resident, if any, may submit an oral or written grievance to the administrator or the administrator's designee. The administrator or designee, within five business days, shall either resolve the grievance to the grievant's satis faction or respond in writing to the grievance, including in the response a description of the review and appeal rights set forth in this article.
(c) If the person filing the grievance is not satisfied by the action or failure to act of the administrator or designee, the grievant may submit an oral or written complaint to the state or community ombudsman.
31-8-135. (a) Any resident, the representative or legal surrogate of the resident, if any, or the state or community ombudsman, who believes the resident's rights have been violated by a personal care home, its governing body, administrator, or employee, shall have the right to request a hearing from the department pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(b) No person shall be prohibited from requesting a hearing pursuant to subsection (a) of this Code section for failure to exhaust any rights to other relief granted under this article.

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(c) (1) Except as provided in paragraph (2) of this subsection, the hearing provided for in subsection (a) of this Code section shall be conducted within 45 days of the receipt by the department of the request for a hearing. Where the state or community ombudsman has not already been involved in the matter at issue, the department may refer the request for a hearing to the state or community ombudsman for informal resolution pending the hearing. Such referral shall not extend the 45 day period in which the department shall conduct such hearing.
(2) If a resident or a resident's legal surrogate or representative, if any, alleges that an action or failure to act by a personal care home or its governing body, administrator, or employee is in retaliation for the exercise by that resident or his or her representative or legal surrogate, if any, of a right conferred by state or federal law or court order, the hearing provided for in subsection (a) of this Code section shall be conducted within 15 days of the receipt of the department of the request for a hearing. For such hearing, all pending re quests for hearing by the resident or his or her legal surrogate or representative, if any, relating to such resident shall be consolidated.
(d) No transfer of a resident shall take place until all appeal rights are exhausted, unless:
(1) An immediate transfer is necessary because the resident develops a physical or mental condition requiring continuous medical or nursing care; or
(2) The resident's continuing behavior or condition directly and substantially threatens the health, safety, and welfare of the resident or any other resident.
(e) The department shall hold any hearing provided for in subsection (a) of this Code section at the personal care home upon the resident's request or as necessary due to the resident's physical condition. Where two or more residents of a personal care home allege a common complaint, the department may at the residents' request schedule a single hearing.
(f) If the department finds no violations of this article, the resident and personal care home will be so informed. If a violation has occurred:
(1) The hearing officer shall so notify the staff within the department responsible for the licensure of personal care homes;
(2) The department shall order the personal care home to correct such violation; and
(3) Upon failure of the personal care home to correct such violation within a reasonable time, the department may impose appropriate civil penalties as provided for in Code Sec tion 31-2-6.
31-8-136. (a) Any resident or the representative or legal surrogate of the resident, if any, may bring an action in a court of competent jurisdiction to recover actual and punitive damages against a personal care home or its governing body, administrator, or employee for any violation of the rights of a resident granted under this article. Upon referral and request by the department, the Attorney General may bring such an action. Where a violation of a resident's rights has been found, the resident shall be awarded the actual damages or $1,000.00, whichever is greater, and may be awarded punitive damages.
(b) No person shall be prohibited from maintaining an action pursuant to this Code section for failure to exhaust any rights to administrative or other relief granted under this article.
(c) The right of a resident to bring an action pursuant to this Code section is in addi tion to any and all other rights, remedies, or causes of action the resident may have by statute or at common law.
(d) Any resident or the representative or legal surrogate of the resident, if any, may bring an action to recover damages for any action of a personal care home or its governing body, administrator, or employee that adversely affects the resident's rights, privileges, or living arrangement in retaliation for that resident or his or her representative or legal surro gate, if any, having exercised a right conferred by state or federal law or court order. Upon

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1915

referral and request by the department, the Attorney General may bring such an action. In any action brought under this Code section alleging retaliation, there shall be a presumption of retaliatory conduct, rebuttable by a showing of clear and convincing evidence, if an owner, licensee, administrator, or employee attempts to discharge, transfer, or relocate a resident involuntarily within six months after that resident or his or her representative or legal surrogate, if any, files an action for relief under this Code section, exercises a right to a hearing under this article, or makes an oral or written grievance against the personal care home or its governing body, administrator, or employee to the personal care home, a state or community ombudsman, or a state government official or employee.
(e) Code Section 31-5-8 shall apply fully to any willful violation of this article.
31-8-137. A resident, the representative or legal surrogate of the resident, if any, or the Attorney General may bring an action in a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or permanent injunction to enjoin a personal care home from violating the rights of a resident.
31-8-138. The failure of the governing body to obtain or maintain a valid license to operate a personal care home shall not constitute a defense to any action brought pursuant to this article where the facility at issue is subject to licensure as a personal care home.
31-8-139. A resident, the representative or legal surrogate of the resident, if any, the community ombudsman, the governing body of the personal care home, or any other inter ested party may bring an action in court for mandamus pursuant to Article 2 of Chapter 6 of Title 9 to order the department to comply with any state or federal law relevant to the operation of a personal care home or the care of its residents."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Farrow of the 54th moved that the Senate agree to the House substitute to SB 651.
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
r^QnwJeeiKS
Coleman Crotts Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl
Harbison Hemmer Hengon TT .,,
HTHTlu11ggi. ns
Isakson KemP Langford of 29th Madden Marable McGuire

Middleton Newbill Oliver Pollard
Ragan of llth Ragan of 32nd R ,,*
SS_.lcoottm.t
Starr Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Abernathy Alien Day Hooks

Langford of 35th (excused) Parrish Perdue

Ralston Robinson (presiding) Thompson

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On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 651.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
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; to provide a definition; 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 pro vide 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 pa ternity 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 remove certain exceptions to the applicability of income deductions; to amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to filing of petition seek ing 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; 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 conversion of such orders to permanent orders; to provide for notice and a hearing; to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Ad ministrative Procedure Act," so as to grant certain powers and authority to hearing officers conducting administrative hearings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 5. 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;

WEDNESDAY, MARCH 16, 1994

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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.
(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 TTthe 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 recognizance? ; 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.

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(d) A person charged with any offense 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.
(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 bails shall require increased bail if the offcnsc involved an act of family violence, as defined in Code Section 10-13' 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 The judge shall determine whetEer the conditions under which the schedule of bati bails lihd one or more of its specific conditions shall be used, except that any offense involving an act of family violence, as di> fined in~Codc Section 10-18 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 acta of violence, haraaamcnt, or intimidation of wit' nesses. These co'nditiona 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 domestic 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

WEDNESDAY, MARCH 16, 1994

1919

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. 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 his such person's own recognizance."
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:
"(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 payors 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 obliger 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 hospi tal, the hospital that provides perinatal services shall:
(1) Provide the child's mother and alleged father if he is present at the hospital the opportunity to acknowledge paternity consistent with the requirements of Code Section 197-46.1.
(2) Provide to the mother and alleged 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

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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 a which the results 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 adminTstrative 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) For the purposes of Chapter 11 of Title 19 only, the courts of this state shall give full faith and credit to a determination of paternity made by another state whether estab lished through voluntary acknowledgment or through administrative or judicial processes."
Section 6.5. Said title is further amended by striking subsection (c) of Code Section 19-

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6-30, 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 19 6'20, relating to the inclusion of provision for accident and sickness insur ance coverage in support ordcra, all other orders arc expressly excluded from the application of these provisions."
Section 7. 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. In the event a hearing cannot be scheduled within the county where the case is pending within the 30 day period the same shall be scheduled and heard within any other county of that circuit. If a hearing is not held within ten 30 days, the petition shall stand dismissed unless the parties otherwise agree."
Section 8. 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 order?1
Section 9. 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 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.
4b) (c) Except in cases in which a hearing has been demanded under Code Section 5013-12, suEsection (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 10. This Act shall become effective on April 1, 1994.
Section 11. All laws and parts of laws in conflict with this Act are repealed.
Senator Farrow of the 54th moved that the Senate agree to the House substitute to SB 555.

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Senator Glanton of the 34th moved that the substitute be printed.
On the motion, the yeas were 24, nays 5; the motion prevailed; the substitute was or dered printed, and action on the Farrow motion was suspended subject to printing.
The following resolution was taken up to consider House action thereto:

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.

The House amendment was as follows: Amend SR 470 as follows: Page 2 - Line 23 - after the word August 1, strike "1888" and insert "1988" Senator Huggins of the 53rd moved that the Senate agree to the House amendment to SR 470. 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 B,,Bruorwt.onn of 26th Cheeks Clay Coleman Day Dean Edge
Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Henson HTHToilol ki s Huggins Isakson Kemp Langford of 29th Madden Marable
McGuire Middleton

Newbill

Oliver

Perdue

Pollard

Ragan of uth

R

f 32nd

RKaflston

blotm Starr Taylor Thompson
Turner Tysinger

Those not voting were Senators:

Abernathy Alien Crotts

Hemmer Langford of 35th (excused) Parrish

Robinson (presiding) Thomas Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 470.
The following bill was taken up to consider House action thereto:

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.

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The House amendment was as follows:
Amend SB 530 by adding in the title on line 6 of page 1 between the semicolon and the words "to provide" the following:
"to provide that the Safety Fire Commissioner is authorized and encouraged to inform the public through public service announcements of the availability of a limited number of battery-operated smoke detectors which may be obtained by persons in need without charge from the office of the Safety Fire Commissioner or local fire departments;".
By deleting the quotation marks at the end of line 5 of page 4 and adding between lines 5 and 6 of page 4 the following:
"(h) The Safety Fire Commissioner is authorized and encouraged to inform the public through public service announcements of the availability of a limited number of batteryoperated smoke detectors which may be obtained by persons in need without charge from the office of the Safety Fire Commissioner or local fire departments.' ".
Senator Marable of the 52nd moved that the Senate agree to the House amendment to SB 530.
On the motion, 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 Dean Gillis

Harbison 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 Turner Tysinger

Those voting in the negative were Senators:

Balfour Day Edge

Glanton Gochenour Langford of 29th

McGuire Newbill

Those not voting were Senators:

Abernathy Alien Crotts Egan

Farrow (excused) Guhl Hemmer Langford of 35th (excused)

Parrish Robinson (presiding) Thompson Walker

On the motion, the yeas were 36, nays 8; the motion prevailed, and the Senate agreed to the House amendment to SB 530.
The President resumed the Chair.
The following bill was taken up to consider House action thereto:

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.

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Senator Marable of the 52nd moved that the Senate recede from its amendment to HB 649.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Cheeks Clav Coleman Crotts Dean Edge Egan Gillis

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

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston RS,, coob,tit.nson Slotin Starr Taylor Thomas Thompson Turner Tysinger

Voting in the negative was Senator Burton.

Those not voting were Senators:

Alien Day Farrow (excused)

Hemmer Henson Langford of 35th (excused)

Parrish Ray Walker (excused)

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate receded from its amendment to HB 649.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitutes, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 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.
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.

WEDNESDAY, MARCH 16, 1994

1925

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 following bill was taken up to consider House action thereto:
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 House substitute was as follows:
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 provide that certain recipients of public assistance and certain nonsupporting parents of children on whose behalf such assistance is received must participate in the Work for Wel fare Program; to establish such program and provide for pilot tests thereof and waiver re quests regarding the program; to provide for implementation; to provide for program pur poses; to specify participation requirements; to authorize certain governmental agencies and nonprofit 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 a report concerning incentives for private sector employment of par ticipants to be filed with the General Assembly; to provide for participant lists and assign ments; 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 partici pation is not required; to provide for ineligibility of participants for certain benefits; to pro vide that participants will not be considered agents or employees of the state or of certain agencies or organizations; to provide for exemptions; to provide for income tax conse quences; to provide for rules and regulations; to provide for notices of employment opportu nities and applications for employment; to provide for a short title; to provide for legislative findings and intent; to provide for definitions; to provide for waivers and implementation; to require certain state departments to provide notices and information regarding the federal earned income tax credit (EITC); to remove certain limits upon the value of vehicles which may be owned by AFDC recipients or applicants; to provide for a public information cam paign; to extend AFDC eligibility for certain children up to 19 years of age; to eliminate certain monthly reporting in the AFDC program and food stamp program; 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.
(6.1) 'Nonsupporting parent' means any parent of a child on whose behalf cash assis tance is received for at least 24 months out of the last 36 months, when the month of such receipt is after January 1, 1992, which parent is
(A) Not a recipient;
(B) Under court order to support such child;
(C) At least 60 days in arrears in such support;
(D) Employed less than 20 hours per month; and
(E) Resides in a pilot county.
(7) 'Participant' means any recipient or nonsupporting parent who is required to par ticipate 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 cash assistance 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 cash assistance 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 cash assistance pursuant to a penalty for failure to comply with eligibility re quirements and include any month of receipt of cash assistance after January 1, 1992.
(b.l) A nonsupporting parent who is not exempt under subsection (n) of this Code sec tion may be ordered to participate in the Work for Welfare Program for no more than 20 hours per month if so ordered by the court which ordered that parent to support such per son's child on whose behalf cash assistance is received.
(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 cash assistance and so that nonsupporting parents perform services in exchange for cash assistance received by their children;
(2) To give recipients and nonsupporting parents work experience that will help them in achieving self-sufficiency through employment and maintain self-dignity and pride; and

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1927

(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 and each nonsupporting parent under court order to participate 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 or nonsupporting parent 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 and nonsupporting parents required to participate in the program. Such agen cies 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 full-time or part-time employees of such agencies or organizations.
(g) (1) The commissioner shall designate a Work for Welfare Program coordinator from 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 participants for workplace experience in those agencies or organizations.
(2) The Work for Welfare Program coordinators from the pilot counties shall be author ized and directed to report as a group to the General Assembly any recommendations con cerning incentives to encourage the employment of participants by private sector employers. Such report shall be made to the General Assembly not later than six months after the implementation date of the Work for Welfare Program.
(h) County DFACS offices shall maintain a list of recipients and nonsupporting parents who are required to participate in the program and assign specific participants from that list to agencies and organizations enrolled in the program. Such assignments will be based upon guidelines developed by the department which take into account factors which include with out being limited to availability of transportation and proximity to service site. A partici pant shall not be required 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 subsection, and this shall include without being limited to temporary illness of the recipient or depen dent child, any court mandated appearance, and temporary unavailability of transportation. The denial of cash assistance pursuant to this subsection shall be an action subject to no tice, opportunity for hearing, and judicial review under Code Section 49-4-13. A nonsupport ing parent who is required by court order to participate in the program and who does not participate in the program may be held in contempt of court for violating the order requir ing such participation.

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(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 by recipients shall not be required during school vacation times in the summer or during holidays and shall be scheduled to accommo date school hours as such may impact a specific recipient who is required to participate in the program.
(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 caretaker of a disabled or incapacitated dependent person living in the household;
(3) A caretaker whose needs are not included in the cash assistance grant;
(4) A person who remains in an educational or job-training program;
(5) A person who is working at least 20 hours a month 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 person who does not have transportation to the service site;
(8) A recipient caretaker who has a child under five years of age as of September 1 of a school year; and
(9) A recipient or nonsupporting parent 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 month and is paid for such work. The department shall ensure that each participant receives notice of and an opportu nity to apply for any paid employment which becomes available in the agency or organiza tion to which the participant is assigned."
Section 2. Said article is further amended by adding the following Code Section 49-4116 a new Code section to read as follows:
"49-4-117. (a) Title. This Code section shall be known and may be cited as the 'Initia tive to Promote Work, Education, and Family Stability.'

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1929

(b) Legislative findings and intent. The General Assembly finds that the economic fu ture of the state rests on the success and productivity of Georgia's children, too many of whom are growing up in poverty and in families caught in a cycle of dependency. Investing in these children, in their families, and in their ability to gain and maintain self-sufficiency is an investment in Georgia's future. The General Assembly further recognizes that the cur rent AFDC regulations create barriers and disincentives to gaining and maintaining employ ment for recipient families and that steps should be taken to remove some of these barriers by making sure that:
(1) Going to work does not disrupt family formation and that working families can truly increase their standard of living;
(2) Teenagers in AFDC-receiving families have the opportunity to secure a better future for themselves; and
(3) The regulations do not make it difficult for AFDC recipients to get to work and that working does not mean the loss of critical supports.
The General Assembly also finds that there are programs currently available in Georgia that are of significant financial benefit to AFDC recipients and low-income Georgians that are not being fully utilized and that steps should be taken to increase the utilization of these programs.
(c) Definitions. As used in this Code section, the term:
(1) 'AFDC' means Aid to Families with Dependent Children, as provided pursuant to this article.
(2) 'EITC' means earned income tax for credit provided under the Internal Revenue Code.
(d) State experimentation. No later than July 1, 1994, the Department of Human Re sources shall request the waiver or waivers necessary to implement subsection (g) of this Code section from the secretary of the federal Department of Health and Human Services, other federal agencies, or any combination of federal agencies. Each such subsection shall not apply unless the federal waiver as to that subsection is in effect. If a waiver is received, the Department of Human Resources shall implement that subsection beginning on the first day of the third month after the effective date of the waiver or upon the appropriation of funds to implement the subsection, whichever occurs last.
(e) (1) The Department of Labor will include an EITC notice with 1099-G forms mailed to all unemployed workers each January, beginning January, 1995.
(2) The Department of Human Resources will publicize the federal government's '800' number to provide information on EITC eligibility and referral to free tax preparation ser vices, beginning no later than December, 1994.
(3) All state employees with earnings under the EITC threshold will be sent a notice by the Department of Revenue concerning EITC eligibility, every January, beginning January, 1995.
(4) The Department of Human Resources will develop a plan for informing AFDC, food stamps, and Medicaid recipients, as well as foster parents, about eligibility for EITC, in cluding an in person explanation, to be implemented no later than December 1, 1994.
(f) Vehicle exemption. The Department of Human Resources will request a waiver from the federal Department of Health and Human Services to remove the current $1,500.00 limit on the value of a vehicle an AFDC applicant or recipient can own, when the vehicle is used to commute to work, job training, education or for job search purposes.
(g) Increasing school completion. Earnings of children up to 19 years of age who are attending school on a full-time basis in otherwise eligible families shall not be countable as

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income for AFDC eligibility purposes, and effective July 1, 1996, eligibility for AFDC bene fits for all recipients is extended to otherwise eligible families with children up to 19 years of age who are attending school on a full-time basis.
(h) Administrative Efficiency. For the AFDC program and the food stamp program, monthly reporting and retrospective budgeting are eliminated."
Section 3. This Act, except for Section 1 thereof, and those provisions of Section 1 of this Act which require the Department of Human Resources to design the Work for Welfare Program and to submit requests to the appropriate federal agencies for waivers to imple ment that program, shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of Section 1 of this Act 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.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Middleton of the 50th moved that the Senate agree to the House substitute to SB 464.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Baugh Blitch Bowen Broun of 46th Brown of 26th Cheeks 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 Starr Taylor Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Balfour Boshears BCluaryton
Crotts
Day

Edge Egan GGolacnhteonnour
Guhl
Isakson

McGuire Newbill RDa_g_.a._n ,,o<f 3Q2OndJ
Ralston
Tysinger

Those not voting were Senators:

Alien

Hooks

Langford of 35th (excused)

On the motion, the yeas were 36, nays 17; the motion prevailed, and the Senate agreed to the House substitute to SB 464.

WEDNESDAY, MARCH 16, 1994

1931

The following bill having been taken up previously today, and action postponed subject to printing, was continued upon its consideration:

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.

Senator Farrow of the 54th restated the motion that the Senate agree to the House substitute to SB 555. The House substitute appeared earlier in today's Journal.
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_Bruorwtonn of 26th Cheeks Clay Coleman Crotts Day Dean
Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson HTHTiulgl gins Isakson Kemp Langford of 29th Madden Marable McGuire
Middleton Newbill Oliver

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston p> RRofb.inson
btarr TaVlor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Crotts

Hooks

Langford of 35th (excused)

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 555.
The following bill was taken up to consider House action thereto:

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 on similar devices; to provide an effective date.

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The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," so as to change the definition of certain terms; to provide for the carriage 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 children 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 provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, 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 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 rules of the road for boat traffic, shall be applicable to aailboarda."
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 times, at least one Type I, II, III, IV, 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;
(B) Every Class 1, 2, and 3 vessel shall carry aboard, at all times, 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 Class 1, 2, and 3, except for per sonal watercraft, as such term is defined in subsection (a) of Code Section 53-7-8.2, must carry 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."
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 tt 16 years; provided, however, that personal watercraft may be rented, leased, or

WEDNESDAY, MARCH 16, 1994

1933

let to a person between the ages of age 12 and through 15 years if such person is accompa nied by and under the direct supervision of an adult 18 years of age or older. Such person shall be under direct supervision if he or she is within sight or hearing distance oTthe adult.
(d) No person shall operate a personal watercraft on the waters of this state between the hours from one half hour after sunset to one half hour 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.
(1) On and after July 1, 1995, no person under the age of 16 years shall operate a per sonal 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 per sonal 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. Such person shall be under direct supervision if he or she is within sight or hearing distance of the adult. 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 person shall operate any vessel or manipulate any water akis, aquaplane, aurf board, or similar device in a feckless or negligent manner so as to endanger the life, limb, of property of any person.
^j) (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 in viola tion of O.C.G.A. 52-7-12."

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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.
Senator Hemmer of the 49th moved that the Senate agree to the House substitute to SB 601.
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

Glanton Guhl
Harbison Hemmer Henson

t *a u Burton
Cheeks 1 Coleman Dav Dean Edge Egan Gillis

Huggins
Kemp Langford of 29th Madden Marable McGuire Middleton Newbill Oliver

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

Those not voting were Senators:

Alien Brown of 26th Crotts Farrow

Gochenour Hooks Isakson (excused)

Langford of 35th (excused) Ray Scott (excused)

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 601.
The following bill was taken up to consider House action thereto:
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 House amendment was as follows:
Amend SB 564 by striking the quotation marks at the end of line 26 of page 1 and inserting in their place the following:

WEDNESDAY, MARCH 16, 1994

1935

"Such corrections, revisions, or additional data shall be certified to the Commissioner by the~Office of Planning and Budget on or before August 31 of each year.'"
By striking the quotation marks at the end of line 16 of page 2 and inserting in their place the following:
"Such corrections, revisions, or additional data shall be certified to the Commissioner by the Office of Planning and Budget on or before August 31 of each year.' "
Senator Madden of the 47th moved that the Senate agree to the House amendment to SB 564.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Guhl Harbison Hemmer Hill Huggins 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 Turner Tysinger Walker

Those not voting were Senators:

Alien Coleman Crotts Farrow

Henson Hooks Isakson (excused) Langford of 35th (excused)

Scott (excused) Taylor Thompson

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 564.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
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.

1936

JOURNAL OF THE SENATE

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 certi fying agency for rehabilitation counselors as recognized by the National Commission for Certifying 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;
(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 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 contracts 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 subparagraph 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;

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1937

(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 workers 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;
(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; tatd
(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 orf professional counseling, excluding the use of _ptas_tyi_ocEn_o_fthr_oe_mra_pt_yh,_ea_sC_eo_mm_pm_loi_syse_ioe_sn_oo_rn_orA_g_canc_rize_ad_tiit_oant_iso; nwwhohifcihiR_me_ha_ai_bnit_lai_itna_,ti_noo_nw_F_oar_ci_ilni_tit_ehse__ofur_t_uthr_ee_, n_aac_tci_roe_ndai_-l 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), or (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 to licensing requirements for profes sional counselors, a new paragraph to read as follows:
"(2.1) (A) A master's degree in rehabilitation counseling or in a program that is primar ily counseling in content from a recognized educational institution;

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(B) An internship or practicum supervised either by a supervisor, as defined in para graph (16) of Code Section 43-10A-3, or by a Certified Rehabilitation Counselor certified as such by the Commission on Rehabilitation Counselor Certification;
(C) The Certified Rehabilitation Counselor designation from the Commission on Reha bilitation Counselor Certification; and
(D) Three years of post-master's directed experience providing rehabilitation services in a rehabilitation setting under supervision provided either by a supervisor, as defined in par agraph (16) of Code Section 43-10A-3, or by a Certified Rehabilitation Counselor certified as such by the Commission on Rehabilitation Counselor Certification. Up to one year of such experience may have been in an approved practicum or internship placement as part of the degree program; or".
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Madden of the 47th moved that the Senate agree to the House substitute to SB 642.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Alien Crotts Farrow

Hooks

Oliver

Isakson (excused)

Scott (excused)

Langford of 35th (excused)

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 642.
The following bill was taken up to consider House action thereto:

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.

WEDNESDAY, MARCH 16, 1994

1939

The House substitute was as follows:
A BILL
To be entitled an Act 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 change the provisions relating to the qualifications necessary to hold the office of sheriff; to provide for attendance of peace officers' training courses; to provide that the failure of certain newly elected sheriffs to be come certified peace officers pursuant to certain requirements shall result in a vacancy being created in such offices of the sheriff; to provide for the filling of such vacancies; 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 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs in general, is amended by striking Code Section 15-16-1, relating to qual ifications and training of sheriffs, in its entirety and inserting in its place the following:
"(a) Intent. The General Assembly declares it to be in the best interests of the citizens of this state that qualifications and standards for the office of sheriff be determined and set so as to improve both the capabilities and training of those persons who hold the office of sheriff. With the increase of crime continuing as a major social problem in this state and with the understanding that the sheriff is the basic law enforcement officer of the several counties of this state, it is declared to be the intent of the General Assembly that proper qualifications and standards be required of the person holding the office of sheriff so as to increase the effectiveness and capabilities of the several sheriffs of this state as law enforce ment officers to combat crime.
(b) General requirements. Except as otherwise provided in this Code section, sheriffs are elected, qualified, commissioned, hold their offices for the same term, and are subject to the same disabilities as the clerks of the superior courts.
(c) Qualifications.
(1) No person shall be eligible to hold the office of sheriff unless he such person:
(A) Is a citizen of the United States;
(B) Has been a resident of the county in which he or she seeks the office of sheriff for at least two years immediately preceding the date of the election for sheriff;
(C) Is a registered voter;
(D) Has attained the age of at least 25 years prior to the date of his or her qualifying for election to the office;
(E) Has obtained a high school diploma or its recognized equivalent in educational training as established by the Georgia Peace Officer Standards and Training Council;
(F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; provided, however, that a conviction of homicide by vehicle which occurred prior to January 1, 1965, and which did not involve the offense of driving a motor vehicle under the influence of alcohol or drugs shall not be considered a conviction under this subparagraph if such convicted person has received a pardon for such offense;
(G) Is fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record, which fingerprints are to be taken under the direction of the judge of the probate court and must be taken on or before, but no later than, the close of qualification for election to the office of sheriff;
(H) Gives a complete history of his or her places of residence for a period of six years immediately preceding his or her qualification date, giving the house number or RFD num ber, street, city, county, and state;
(I) Gives a complete history of his or her places of employment for a period of six years

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immediately preceding his or her qualification date, giving the period of time employed and the name and address of his or her employer; and
(J) Is a registered peace officer as provided in Code Section 35-8-10 or is a certified peace office as defined in Chapter 8 of Title 35, within aix months after taking office. Any person who is not a registered or certified peace officer at the time such person assumes the office of sheriff shall be required to complete satisfactorily the requirements for certification as a peace officer as provided in Chapter 8 of Title 35 at the first training course available after such person takes office; provided, however, that an extension of the time to complete such requirements may be granted by the Georgia Peace Officer Standards and Training Council upon the presentation of evidence by a sheriff that he or she was unable to complete the basic training course and certification requirements due to illness, injury, military ser vice, or other reasons deemed sufficient by such council. The Georgia Peace Officer Stan dards and Training Council shall make every effort to ensure that space is available for newly elected sheriffs who are not certified or registered peace officers to attend the course as soon as possible after such persons take office. Such council shall notify the appropriate judge of the probate court whenever a newly elected sheriff who is not certified fails to become certified as a peace officer pursuant to the requirements of this subparagraph.
(2) Each person offering his or her candidacy for the office of sheriff shall, within 60 days prior to or at the time he such person qualifies:
(A) File with the officer before whom such person has qualified to seek the office of sheriff a certified copy of his or her birth certificate and a certified copy of his or her high school diploma or certified proof of its recognized equivalent in education training as estab lished by the Georgia Peace Officer Standards and Training Council; and
(B) Swear or affirm before the officer before whom such person has qualified to seek the office of sheriff that he or she has, meets, or will meet by the date of the election all of the qualifications required by this subsection and that he or she has complied with the require ments of subparagraph (G) of paragraph (1) of this subsection no later than the close of qualification for election to the office of sheriff.
(3) Each person offering to run for the office of sheriff and who is otherwise qualified shalFbe allowed, six months prior to qualifying and at his or her own expense, to attend the basic mandate course for peace officers. The Georgia Peace Officer Standards and Training Council shall work to ensure that space is available for such individuals to attend the course.
(d) Training session. From and after January 1, 1980, every newly elected sheriff in his or her first term shall be required to complete a training session of no less than four weeks, to be conducted by any academy certified by the Georgia Peace Officer Standards and Training Council and as may be selected by the Georgia Sheriffs' Association. This training shall be completed during the first calendar year of the first term of the newly elected sher iff's term of office. Any newly elected sheriff who is unable to attend this training course when offered because of medical disability or providential cause shall, within one year from the date such disability or cause terminates, complete the standard baaic course of inatmc tion required of police officers a course of instruction as determined by the Georgia Sheriffs' Association and approved by the Georgia Peace Officer Standards and Training Council. Any newly elected sheriff who does not fulfill the obligations of this subsection shall lose his or her power of arrest.
(e) Annual training. (1) From and after July 1, 1992, no person shall be eligible to hold the office of sheriff unless he or she attends a minimum of 20 hours' training annually as may be selected by the Georgia Sheriffs' Association.
(2) The basis for the minimum annual requirement of in-service training shall be the calendar year. Sheriffs who satisfactorily complete the basic course of training in accordance with the provisions of this chapter after April 1 in any calendar year shall be excused from the minimum annual training requirement for the calendar year during which the basic course is completed.

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(3) A waiver of the requirement of minimum annual in-service training may be granted by the Georgia Peace Officer Standards and Training Council, in its discretion, upon the presentation of evidence by a sheriff that he or she was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the council.
(4) An> pei'&uu ,,ho fails to complete the minimum annual in-service training required under this Code section and who has not received a waiver of such requirement pursuant to paragraph (3) of this subsection shall not perform any of the duties of sheriff involving the power of arrest until such training shall have been successfully completed. In addition, the Governor may suspend from office without pay for a period of 90 days any sheriff who fails to complete the minimum annual in-service training required under this Code section. The probate judge of the county of the sheriffs residence shall appoint a person who meets the qualifications for sheriff pursuant to this Code section to assume the duties and responsibili ties of the office of sheriff during any such period of suspension.
(f) Exemption. The requirements of subparagraphs (c)(l)(D), (c)(l((E), (c)(l)(H), and (c)(l)(J) of this Code section and the requirements of subsection (d) of this Code section shall be deemed to have been met by any person who shall have served as a duly qualified and elected sheriff of one of the several counties of this state for a period of two years."
Section 2. Said article is further amended by adding at the end of Code Section 15-168, relating to how vacancies are filled in the office of sheriff, a new subsection (d) to read as follows:
"(d) Notwithstanding the provisions of Code Section 45-5-1, the office of sheriff shall by operation of law be deemed vacated upon certification being made by the Georgia Peace Officer Standards and Training Council to the judge of the probate court of such county that a newly elected sheriff who is not a registered or certified peace officer at the time of taking office has failed to become a certified peace officer within the required time and pursuant to the provisions of subparagraph (c)(l)(J) of Code Section 15-16-1. Such vacancy shall be filled as provided in this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Broun of the 46th moved that the Senate agree to the House substitute to SB 551.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh BHtch Boshears
owen , ,,, , oBBrurorwUtonnn ^oft^26uth Cheeks Clay Coleman Crotts Day Edge Egan

Gillis Glanton Gochenour Guhl Harbison
Hemmer H,"_,el.U,n, so. n Huggms Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Parrish Perdue Pollard Ragan of llth
Ragan of 32nd RD*al,bsTM .tonon Slotm Starr Taylor Thomas Thompson Turner Tysinger

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Those not voting were Senators:

Alien Dean Farrow Hooks

Isakson (excused)

Ray

Kemp

Scott (excused)

Langford of 35th (excused) Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 551.
The following bill was taken up to consider House action thereto:

SB 180. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the judges of said court; to provide an effec tive date.
The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act ap proved April 4, 1991 (Ga. L. 1991, p. 4637), so as to change the compensation of the judges of 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. An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4637), is amended by striking Section 3 and inserting in lieu thereof a new Sec tion 3 to read as follows:
"Section 3. Judges' salaries. Each judge of the State Court of Clayton County shall receive a salary of $67,000.00 per annum, which shall be paid by the Board of Commission ers of Clayton County. The judges of the State Court of Clayton County shall receive no other compensation for serving as judges of said court, and they shall not engage in the private practice of law in any capacity during their tenure as judges of said court, and they shall not be eligible to hold any other public office while serving as judges of said court. The salary of each judge shall be paid out of the general funds of Clayton County."
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 Starr of the 44th moved that the Senate agree to the House substitute to SB 180.
On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 180.
The following bill was taken up to consider House action thereto:

SB 185. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the solicitor of said court; to provide an effective date.
The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act ap-

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proved April 4, 1991 (Ga. L. 1991, p. 4647), so as to change the compensation of the solicitor of 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. An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4647), is amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. Salary of solicitor. The salary of the solicitor of said court shall be $49,616.00 per annum, payable in equal monthly installments by the board of commissioners out of the general funds of Clayton County. The solicitor of said court shall receive no other compensation for serving as solicitor of said court and shall not engage in the private prac tice of law in any capacity during his or her tenure as solicitor of said court and shall not be eligible to hold any other public office while serving as solicitor of said court."
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 Starr of the 44th moved that the Senate agree to the House substitute to SB 185.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 185.
The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
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;

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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 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 growth in commercial and private air traffic in the Clayton County area. There is the need for adequate airports safely and efficiently 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

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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 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

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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.
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

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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, 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 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;
(11) 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

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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 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;
(12) 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;
(13) 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;
(14) 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;
(15) 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;
(16) 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;
(17) 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;
(18) 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;
(19) 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
(20) 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 the provision shall prohibit general resolu tions authorizing the executive director or other officers, agents, or employees to execute

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such contracts, leases, obligations, agreements, or other legal instruments as the authority 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

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or trustees under any trust indenture authorized under Section 18 of this Act in order that 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 our 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 canceled 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. Tax exemption of the authority. It is found, determined, and declared that

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the creation of the authority and the carrying out of its authorized purposes are in all re spects for the benefit of the people of this state and county and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act. The authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facili ties erected, maintained, or acquired by it nor upon any fees, rentals, or other charges for the use of such facilities or other income received by the authority. It is hereby covenated with the holders from time to time of the bonds, notes, and other obligations issued under this Act that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing dis tricts on any property acquired by the authority or under its jurisdiction, control, posses sion, or supervision or leased by it to others or upon its activities in the operation or mainte nance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income there from shall at all times be exempt from taxation within the state.
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.
Senator Starr of the 44th moved that the Senate agree to the House substitute to SB 616.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 616.

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The following bill was taken up to consider House action thereto.

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.

Senator Starr of the 44th moved that the Senate recede from its disagreement to the House amendments as they appear in the Journal of March 14, 1994, and agree to the House amendments.
On the motion, 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 Clay Coleman Crotts Farrow

Gillis Guhl Harbison Hemmer Henson Hill Hooks Huggins Langford of 29th Madden Marable Middleton Oliver

Parrish Perdue Pollard Ragan of llth Ralston Ray Robinson Slotin Starr Taylor Thomas Turner Tysinger

Those voting in the negative were Senators:

Balfour Day Edge

Glanton Gochenour McGuire

Newbill Ragan of 32nd

Those not voting were Senators:

Alien Dean Egan

Isakson (excused)

Scott (excused)

Kemp

Thompson

Langford of 35th (excused) Walker

On the motion, the yeas were 39, nays 8; the motion prevailed, and the Senate receded from its disagreement to the House amendments and agreed to the House amendments.
The following bill was taken up to consider House action thereto:

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.

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The House amendment was as follows:
Amend SR 467 by adding in the title on line 4 of page 1 between the words "lines" and "in" the following:
"and for changing train crews on certain rail lines".
By striking in its entirety Article IV beginning on line 7 of page 12 and continuing through line 8 of page 15 and inserting in lieu thereof a new Article IV to read as follows:
"ARTICLE IV
Section 38. That the State of Georgia is the owner of the hereinafter described real property in Bibb County, hereinafter referred to as the 'easement area,' and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
Section 39. That the State of Georgia, acting by and through its State Properties Com mission, may grant to Norfolk Southern Railroad, its successors and assigns, a nonexclusive easement for ingress and egress across real property of the state in Square 16 -- Old City and Courthouse Square in Macon, Bibb County, Georgia, on real property planned to be the site of the Music Hall of Fame.
Section 40. That the easement shall be used solely for the purpose of changing train crews on adjacent rail lines and shall be used solely on each occasion to drive a single pas senger car or small van to a parking area designated by the State Properties Commission and for pedestrian travel by the crews between the parking area and adjacent lines. The location of the driveway path for the vehicles, the pedestrian path, and parking space shall be designated or redesignated from time to time by the State Properties Commission.
Section 41. That no title shall be conveyed to Norfolk Southern Railroad, and, except as herein specifically granted to Norfolk Southern Railroad, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Norfolk Southern Railroad.
Section 42. That the easement granted to Norfolk Southern Railroad shall contain other such reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia.
Section 43. That the consideration for such easement shall be the fair market value but not less than $650.00, or an in-kind equivalent, and such further consideration and provi sions as the State Properties Commission may determine to be in the best interest of the State of Georgia and shall include the release by Norfolk Southern Railroad rights, title, or interest in or respecting the Music Hall of Fame site.
Section 44. That this grant of easement shall be recorded by the grantee in the Supe rior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission.
Section 45. That the authorization in this resolution to grant the above-described ease ment to Norfolk Southern Railroad shall expire three years after the date that this resolu tion becomes effective.
Section 46. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area."
By adding between lines 8 and 9 on page 15 the following:
"Section 47. Reserved.
Section 48. Reserved.
Section 49. Reserved."
Senator Starr of the 44th moved that the Senate agree to the House amendment to SR 467.

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1957

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
Borowuenn o,f 46th,_ Burton CVp^.hIleCeCkKsS
Coleman Crotts Dav Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison
HHeenmgmoner ,,.,,
THTook1 s
Hu^ins KemP Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Parrish Pollard Ragan of llth
RRaalggatnonof 32nd ,, RrR~t aoyibinson
Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien Brown of 26th Isakson (excused)

Langford of 35th (excused) Perdue

Scott (excused) Walker

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 467.
The following bill was taken up to consider House action thereto:
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.
The House amendment was as follows:
Amend the Senate substitute to HB 828 by inserting between the word and symbol "costs;" and the word "to" on line 16 of page 1 the following:
"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; to provide for legislative intent;".
By inserting between lines 30 and 31 of page 15 the following:
"Section 5. Article 7 of Chapter 10 of Title 24 of the Official Code of Georgia Anno tated, relating to depositions in criminal proceedings, is amended by striking in its entirety Code Section 24-10-130, relating to when depositions may be taken, which reads as follows:
'24-10-130. At any time after the filing of an indictment, special presentment, or accusa tion, the court may, upon motion of a party and after notice to the parties, order that the testimony of a prospective witness of a party be taken by deposition and that any desig nated book, paper, document, record, recording, or other material not privileged be pro duced at the same time and place. The court shall not order the taking of the witness'

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testimony unless it appears to the satisfaction of the court that the witness is in imminent danger of death or that the witness has been threatened with death or great bodily harm because of the witness's status as a potential witness in any criminal trial or proceeding.',
and inserting in lieu thereof the following:
'24-10-130. (a) At any time after a defendant has been charged with an offense against the laws of this state or an ordinance of any political subdivision or authority thereof, upon motion of the state or the defendant, the court having jurisdiction to try the offense charged may, after notice to the parties, order that the testimony of a prospective material witness of a party be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place.
(b) The court shall not order the taking of the witness's testimony unless it appears to the satisfaction of the court that the testimony of the witness is material to the case and the witness:
(1) Is in eminent danger of death;
(2) Has been threatened with death or great bodily harm because of the witness's status as a potential witness in a criminal trial or proceeding;
(3) Is about to leave the state and there are reasonable grounds to believe that such witness will be unable to attend the trial;
(4) Is so sick or infirm as to afford reasonable grounds to believe that such witness will be unable to attend the trial; or
(5) Is being detained as a material witness and there are reasonable grounds to believe that the witness will flee if released from detention.
(c) A motion to take a deposition of a material witness shall be verified and must state:
(1) The nature of the offense charged;
(2) The status of the criminal proceedings;
(3) The name of the witness and an address in Georgia where the witness may be contacted;
(4) That the testimony of the witness is material to the case; and
(5) The basis for taking the deposition as provided in subsection (b) of this Code section.
(d) A motion to take a deposition shall be filed in the court having jurisdiction to try the defendant for the offense charged; provided, however, if the defendant is charged with multiple offenses, only the court having jurisdiction to try the most serious charge against the defendant shall have jurisdiction to hear and decide the motion to take a deposition.
(e) The party moving the court for an order pursuant to this Code section shall give not less than one day's notice of the hearing to the opposite party. A copy of the motion shall be sent to the opposing party or his or her counsel by any means which will reasonably ensure timely delivery including transmission by facsimile or by digital or electronic means. A copy of the notice shall be attached to the motion and filed with the clerk of court.
(f) If the court is satisfied that the examination of the witness is authorized by law and necessary, the court shall enter an order setting a time period of not more than 30 days during which the deposition shall be taken.
(g) On motion of either party, the court may designate a judge who will be available to rule on any objections to the interrogation of the witness or before whom the deposition shall be taken. The judge so designated may be a judge of any court of this state who is otherwise qualified to preside over the trial of criminal cases in the court having jurisdiction over the offense charged.'

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Section 6. Said article is further amended by striking in its entirety Code Section 2410-131, relating to notice of deposition, which reads as follows:
'24-10-131. The party at whose instance a deposition is to be taken shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time or change the place for taking the deposition. The officer having custody of a defendant shall be notified of the time and place set for the examination and shall produce him at the examination and keep him in the presence of the witness during the examination. A defend ant not in custody shall have the right to be present at the examination; but his failure, absent good cause shown, to appear, after notice and tender of expenses, shall constitute a waiver of that right and of any objection to the taking and use of the deposition based upon that right.',
and inserting in lieu thereof the following:
'124-10-131. (a) The party at whose instance a deposition is to be taken shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined.
(b) On the motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time or change the place for taking the deposition.
(c) The officer having custody of a defendant shall be notified of the time and place set for the examination and shall, unless the defendant waives in writing the right to be pre sent, produce the defendant at the examination and keep the defendant in the presence of the witness during the examination unless, after being warned by the judge that disruptive conduct will cause the defendant's removal from the place where the deposition is being taken, the defendant persists in conduct which would justify exclusion from that place.
(d) A defendant not in custody shall have the right to be present at the examination; but failure of the defendant, absent good cause shown, to appear, after notice and tender of expenses, shall constitute a waiver of that right and of any objection to the taking and use of the deposition based upon that right.
(e) Notwithstanding the provisions of subsections (c) and (d) of this Code section, if the witness is a child, the court may order that the deposition be taken in accordance with Code Section 17-8-55.'
Section 7. Said article is further amended by striking Code Section 24-10-132, relating to assignment of counsel, in its entirety and inserting in lieu thereof the following:
'24-10-132. (a) If a defendant is without counsel, the court shall advise him of his rights and aaaign counsel to represent him financially unable to employ counsel, the court shall appoint counsel as provided in the uniform rules of the courts, unless the defendant elects to proceed without counsel ef is able to obtain counsel of hia"own choice.
(b) Whenever a deposition is taken at the instance of the state, the cost of any such depolltion shall be paid out of auch funds aa arc available to meet the coats of proaceution which arc the responsibility of the state to meet by the state in the same manner as is provided by law for the payment of costs in the appellate courts.
(c) Depositions taken at the instance of a defendant shall be paid for by the defendant; provided, however, that, whenever a deposition is taken at the instance of a defendant who is unable to bear the expense of the taking of the deposition, is eligible for the appointment of counsel as provided in the uniform rules of the courts, the court shall direct that the reasonable expenses for the taking of the deposition and of travel and subsistence of the defendant and his the defendant's attorney, not to exceed the limits established pursuant to Article 2 of Chapter 7 of Title 45~, for attendance at the examination be paid for out of the fine and forfeiture fund of the county where venue is laid.'
Section 8. Said article is further amended by striking Code Section 24-10-133, relating

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to manner of taking and filing a deposition, in its entirety and inserting in lieu thereof the following:
'24-10-133. Except as provided in Code Section 24-10-137, a A deposition shall be taken and filed in the manner provided in civil actions, provided that (1) in no event shall a depo sition be taken of a party defendant without his or her consent and (2) the scope of exami nation and cross-examination shall be such as would be allowed in the trial itself. On re quest or waiver by the defendant, the court may direct that a deposition be taken on written interrogatories in the manner provided in civil actions. Such request shall constitute a waiver by the defendant of any objection to the taking and use of the deposition based upon its being so taken. If a judge has been designated to rule on objections or to preside over the deposition, objections' to interrogation of the witness shall be made to and ruled on by such judge in the same manner as at the trial of a criminal case.'
Section 9. Said article is further amended by striking Code Section 24-10-135, relating to the admissibility and use of depositions, in its entirety and inserting in lieu thereof the following:
'24-10-135. At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears that the witncaa is dead the witness is unavailable. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require him to offer the offering of all of it which is relevant to the part offered and any party may offer other parts. A witness is not unavailable if the exemption, refusal to testify, claim of lack of memory, inability, or absence of such witness is due to the procurement or wrongdoing of the party offering the deposition at the hearing or trial for the purpose of preventing the witness from attending or testifying?
Section 10. Said article is further amended by striking Code Section 24-10-137, relating to recordation of deposition, in its entirety and inserting in lieu thereof the following:
'24-10-137. (a) Any party shall have the right to require that the deposition be recorded and preserved by the use of audio-visual equipment in addition to a stenographic record. The audio-visual recording shall be transmitted to the clerk of the court which ordered the deposition and shall be made available for viewing and copying only to the prosecuting at torney and defendant's attorney prior to trial. An audio-visual recording made pursuant to this Code section shall not be available for inspection or copying by the public until such audio- visual recording has been admitted into evidence during a trial or hearing in the case in which such deposition is
(b) An audio-visual recording made pursuant to this Code section may be admissible at trial or hearing as an alternative to the stenographic record of the deposition'
(c) A stenographic record of the deposition contemplated in this Code section shall be made pursuant to Code Section 9-11-28.'
Section 11. Said article is further amended by inserting after Code Section 24-10-137 new Code Sections 24-10-138 and 24-10-139 to read as follows:
'24-10-138. Nothing in this article shall preclude the taking of a deposition, orally or upon written questions, or the use of a deposition by agreement of the parties with the consent of the court.
24-10-139. It is the intent of the General Assembly that depositions shall be taken in criminal cases only in exceptional circumstances when it is in the interest of justice that the testimony of a prospective witness be taken and preserved for use at trial. If the court finds that any party or counsel for a party is using the procedures set forth in this article for the purpose of harassment or delay, such conduct may be punished as contempt of court.' "
By redesignating Sections 5, 6, and 7 as Sections 12, 13, and 14.

WEDNESDAY, MARCH 16, 1994

1961

Senator Oliver of the 42nd moved that the Senate agree to the House amendment to the Senate substitute to HB 828.
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

Farrow Gillis Gochenour Guhl Harbison

Middleton Newbill Oliver Parrish Pollard

R BroWuen" off 4A6*t*h BBruorwtonn of 26th
Cheeks Coleman Crotts
Day Dean Edge Egan

S Heenmsmoner HHiolol ks
Huggins Isakson Kemp
Langford of 29th Madden Marable McGuire

RRaag&aann off 3U2tnhd nalfston
Kay Scott slotln
Taylor Thompson Turner Tysinger

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Alien

Perdue

Clay

Robinson

Langford of 35th (excused) Starr

Thomas Walker

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 828.
The following bill was taken up to consider the House action thereto:
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.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to authorize payments for certain preparatory programs for potential foster parents and adoptive par ents; 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to

1962

JOURNAL OF THE SENATE

programs and protection for children and youth, is amended by striking paragraph (7) of subsection (a) of Code Section 49-5-8, relating to powers of the Department of Human Re sources regarding programs for children, and inserting in its place the following:
"(7) Adoption services, as follows:
(A) Supervising the work of all child-placing agencies;
(B) Providing services to parents desiring to surrender children for adoption as pro vided for in adoption statutes;
(C) Providing care or payment of maintenance costs for mothers bearing children out of wedlock and children being considered for adoption;
(D) Inquiring into the character and reputation of persons making application for the adoption of children;
(E) Placing children for adoption;
(F) Providing financial assistance after the consummation of a legal adoption to families adopting children who would otherwise remain in foster care at state expense. Financial assistance may only be granted for hard-to-place children with physical, mental, or emo tional handicaps or with other problems for whom it is difficult to find a permanent home. Financial assistance may not exceed 75 percent of the amount paid for boarding such child and for special services such as medical care not available through insurance or public facili ties. Such supplements shall only be available to families who could not provide for the child adequately without continued financial assistance. The department may review the supplements paid at any time but shall review them at least annually to determine the need for continued assistance; and
(G) Providing payment to a licensed child-placing agency which places a child with special needs who is under the jurisdiction of the department for adoption. Payment may not exceed $5,000.00 for each such adoption arranged by an agency. The board shall define the special needs child. One-half of such payment shall be made at the time of placement and the remaining amount shall be paid when the adoption is finalized. If the adoption disrupts prior to finalization, the state shall be reimbursed by the child-placing agency in an amount calculated on a prorated basis based on length of time the child was in the home and the services provided; and
(H) Providing payment to an agency which recruits, educates, or trains potential adop tive or foster parents for preparation in anticipation of adopting or fostering a special needs child. The board shall define the special needs child and set the payment amount by rule and regulation. Upon appropriate documentation of these preplacement services in a timely manner, payments as set by the board shall be made upon enrollment of each potential adoptive or foster parent for such services;".
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 49-5-69.1, relating to fingerprint records checks for foster care homes, in its entirety and inserting in lieu thereof the following:
"(a) No licensed child-placing agency, as defined in this chapter, shall place a child in a foster care home unless the foster parent or parents of the home and other adult persons that reside in the home or provide care to children placed in the home have received tt satisfactory fingerprint records check determination or a satisfactory preliminary records check determination. Additionally, no child shall continue to be placed in such foster care home unless the foster parent or parents also subsequently receive a satisfactory fingerprint records check determination. A child-placing agency or any applicant for a license for such an agency shall be required to submit to the department a preliminary records check appli cation and a records check application for the foster parent or parents of any foster care home used by the agency and a preliminary records check application for any other adult persons that reside in the home or provide care to children placed in the home. In lieu of such applications, the agency or license applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months such foster parent or parents

WEDNESDAY, MARCH 16, 1994

1963

or other adult persons have received a satisfactory fingerprint records check determination or a satisfactory preliminary records check determination."
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 Oliver of the 42nd moved that the Senate agree to the House substitute to SB 442.
On the motion, 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 Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison
Hemmer Henson Hill Hooks Kemp Langford of 29th Madden Marable McGuire

Middleton Newbill Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Taylor Thompson Turner

Those not voting were Senators:

Alien Blitch Coleman Huggins

Isakson Langford of 35th (excused) Perdue Robinson

Starr Thomas Tysinger Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 442.
The following bill was taken up to consider House action thereto:
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.
The House amendment was as follows:
Amend SB 580 by adding immediately preceding the period on line 30 of page 4 the following:
"or is the parent of an adult without decision-making capacity".
Senator Oliver of the 42nd moved that the Senate agree to the House amendment to SB 580.
Senator Glanton of the 34th moved that the amendment be printed.

1964

JOURNAL OF THE SENATE

Senator Glanton asked unanimous consent that the motion to print be withdrawn.
The consent was granted and the motion to print was withdrawn.
On the motion to agree by Senator Oliver of the 42nd, 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 CClhaeyeks
Crotts Day
Dean Edge Egan Farrow

Gillis Gochenour Guhl Harbison Hemmer Henson HHoilol ks
Isakson Kemp
Langford of 29th Madden Marable McGuire

Middleton

Newbill

Oliver

Parrish

Pollard

R

f 32nd

nafls.ton

"ay bcott

Slotln Taylor Turner Tysinger

Voting in the negative were Senators Burton and Glanton.

Those not voting were Senators:

Abernathy A| len, Blitch Coleman Huggins

Langford of 35th (excused) Perdue Ragan of llth Robinson

Starr Thomas Thompson Walker

On the motion, the yeas were 41, nays 2; the motion prevailed, and the Senate agreed to the House amendment to SB 580.
The following bill was taken up to consider House action thereto:
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.
The House amendment was as follows:
Amend the Senate substitute to HB 1754 by striking lines 1 through 13 of page 1 and inserting in their place the following:
"To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to repeal those certain provisions formerly applicable to counties hav ing a population of more than 100,000; to repeal the provisions relating to certain additional eligibility requirements for judges of the probate courts in such counties; to provide an ex ception; to provide for jury trials in civil cases and appeals in the probate courts of such counties; to provide for the exercise of the jurisdiction of the judge of the probate court by

WEDNESDAY, MARCH 16, 1994

1965

the clerk of such court concerning uncontested matters in such counties; to provide for re lated matters; to provide an effective date; to repeal conflicting laws; and for other purposes."
By striking lines 21 through 27 of page 1 and lines 1 through 24 of page 2 and inserting in their place the following:
"15-9-4. (a) In all countica of this state having a population of more than 100,000 ac cording to the United States decennial census of 1070 of any future auch census, no pcraon ahall be judge of the probate court unlcaa at the time of his election, in addition to the qualifications required by law, he has attained the age of 30 years and cither has practiced law or participated in the writing or passage of law for three years preceding his election or hna acrvcd for at least five years as a clerk of the probate court, which service hao been continuous and immediately prior to hia election as judge of the probate court.
(b) Nothing contained in 8ub9cction (a) of this Code section ahall apply to any pcraon holding the office of judge of the probate court on April 13, 1070, in any county dcacribcd in auch subacction.
4e} No person elected judge of the probate court in any county dcacribcd in aubacetion (a) of thia Code section on April 18, 1070, provided for in this Code section shall engage in the private practice of law.
W (b) Ift Except as otherwise provided by subsection (c) of this Code section, in any county oTthis state having a population of more than 160,000 96,000 persons according to the United States decennial census of 1080 1990 or any future such census and in which the probate court of such county meets the definition of a probate court as provided by Article 6 of this chapter, no person shall be judge of the probate court unless at the time of Ms election, in addition to the qualifications required by law, he or she has attained the age of 30 years and has been admitted to practice law for seven years preceding his election.
(c) A judge of the probate court holding such office on the effective date of this Code section shall continue to hold such office and shall be allowed to seek reelection for such office."
Senator Oliver of the 42nd moved that the Senate agree to the House amendment to the Senate substitute to HB 1754.
On the motion, 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 BnBruorwt. onn of 26th CClraoytts
Day Dean Edge Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson HTHTiolol ki s KIseamkspon
Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Parrish Perdue Pollard R of 32 d Rr,,ialfstton_ "i3Cayott
Slotin Starr Taylor Turner Tysinger

1966

JOURNAL OF THE SENATE

Voting in the negative was Senator Cheeks.

Those not voting were Senators:

Alien Blitch Coleman Egan

Huggins Langford of 35th (excused) Ragan of llth Robinson

Thomas Thompson Walker

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1754.
The following bill was taken up to consider House action thereto:

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.
Senator Tysinger of the 41st moved that the Senate adhere to its disagreement to the House substitute to SB 574 and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 574.
The President appointed as a Conference Committee on the part of the Senate, the following:
Senators Tysinger of the 41st, Pollard of the 24th and Bowen of the 13th.
The following bill was taken up to consider House action thereto:

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 House amendment was as follows:
Amend SB 472 by inserting on line 6 of page 1 after "resides;" the following:
"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 prohibit certain appraisers from serving as members of the county board of tax assessors once such appraisers cease to serve as appraisers; to provide for effective dates;".
By striking lines 4 and 5 of page 2 in their entirety and inserting in lieu thereof the following:
"Section 2. Code Section 48-5-292 of the Official Code of Georgia Annotated, relating to ineligibility of county tax assessors to hold other offices, is amended by adding a new sub section at the end thereof, to be designated subsection (d) to read as follows:
'(d) In any county in this state in which a chief appraiser or a member of the county property appraisal staff is not otherwise prohibited under this Code section from serving simultaneously as a member of the county board of tax assessors and is serving simultane ously in such capacity, such chief appraiser or member of the county property appraisal staff shall upon ceasing to serve as chief appraiser or member of the county property ap praisal staff automatically cease to serve as a member of the county board of tax assessors. Any vacancy created on the county board of tax assessors under this subsection shall be filled in the manner provided under subsection (a) of Code Section 48-5-295.'

WEDNESDAY, MARCH 16, 1994

1967

Section 3. Section 2 of this Act shall become effective upon its approval by the Gover nor or upon its becoming law without such approval. Section 1 of this Act shall become effective July 1, 1994.
Section 4. 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 amendment to SB 472.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Boshears Bowen Broun of 46th Brown of 26th Hurt011
S
jj ean Edge Egan Farrow Gillis Glanton

Gochenour Guhl Harbison Hemmer Henson ffill 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

Coleman Kemp

Langford of 35th (excused) Walker

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 472.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act 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 distribu tion of proposed rules and regulations of the State of Georgia to chairpersons and any mem bers of standing committees of the General Assembly; to repeal conflicting laws; and for other purposes.

1968

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Geor gia Administrative Procedure Act," is amended by striking subsection (e) of Code Section 50-13-4, relating to procedural requirements for adoption of rules, and inserting in its place a new subsection (e) to read as follows:
"(e) The agency shall transmit three copies of the notice provided for in paragraph (1) of subsection (a) of this Code section to the legislative counsel. The copies shall be transmit ted at least 30 days prior to the date of the agency's intended action. Within three days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding of ficers of each house with a copy of the notice, and the presiding officers shall assign the notice to the chairperson of the appropriate standing committee in each house for review and any member thereof who makes a standing written request. In the event a presiding officer is unavailable for the purpose of making the assignment within the time limitations, the legislative counsel shall assign the notice to the chairperson of the appropriate standing committee. The legislative counsel shall also transmit within the time limitations provided in this subsection a notice of the assignment to the chairperson of the appropriate standing committee. Each standing committee of the Senate and the House of Representatives is granted all the rights provided for interested persons and governmental subdivisions in par agraph (2) of subsection (a) of this Code section."
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 457.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Boshears Bowen Broun of 46th Brown of 26th BC~,huerteoki ns CCloalyeman Crotts Day
Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer HTHTie-linli son HHouogkgsins Isakson Kemp
Langford of 29th Madden Marable McGuire Middleton

Newbill Parrish Perdue Pollard Ragan of llth RrRvnakisttnonn ,,Ro*b.'nson cott Slotln
Starr Taylor Thomas Turner Walker

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Abernathy Alien Baugh

Blitch Langford of 35th (excused) Oliver

Ragan of 32nd Tysinger

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 457.

WEDNESDAY, MARCH 16, 1994

1969

The following bill was taken up to consider House action thereto:

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 House amendment was as follows:
Amend SB 565 as follows: by adding on page 2, line 2 after January 1, 1995, the follow ing sentence.
"This act shall not be construed to affect the effective date for any designated health care services other than durable medical equipment home infusion therapy services (includ ing related pharmaceuticals and equipment), home health care services."
Senator Slotin of the 39th moved that the Senate agree to the House amendment to SB 565.
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
^ CPIherte?kns
Coleman Crotts Day Dean Edge Egan Farrow

Gillis Gochenour Guhl Harbison Hemmer Henson ffiu
HuHouogkgsm s
Isakson KemP Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Parrish Perdue Pollard Ragan of mh RaUton
RnRaoy?binson
Scott Slotln Starr Taylor Thompson Turner Walker

Those not voting were Senators:

Abernathy Alien Glanton

Langford of 35th (excused) Ragan of 32nd

Thomas Tysinger

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 565.
The following resolution was taken up to consider House action thereto:
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

1970

JOURNAL OF THE SENATE

County, Georgia, and known as Rhodes Memorial Hall; to provide for a purpose; to provide for membership of the committee.
The House substitute was as follows:
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

WEDNESDAY, MARCH 16, 1994

1971

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;
(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 five 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.
Senator Slotin of the 39th moved that the Senate agree to the House substitute to SR 485.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton
Gochenour Guhl Harbison Hemmer Henson Hm uHook, s Huggins
Isakson
KemP
Langford of 29th Madden
Marable
McGuire

Middleton Newbill
Oliver Parrish Perdue Pollard Ragan of llth Ralston ,,Ray Robinson
Slotin
Starr
Taylor Thompson
Turner
Walker

1972

JOURNAL OF THE SENATE

Those not voting were Senators:

Alien

Ragan of 32nd

Egan

Scott

Langford of 35th (excused)

Thomas Tysinger

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 485.
The following bill was taken up to consider House action thereto:
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.
Senator Slotin of the 39th moved that the Senate adhere to its substitute to HB 1658 and that a Conference Committee be appointed.
On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adhered to its substitute to HB 1658.
The President appointed as a Conference Committee on the part of the Senate, the following:
Senators Slotin of the 39th, Walker of the 22nd and Ragan of the llth.
The following bill was taken up to consider House action thereto:
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.
Senator Slotin of the 39th moved that the Senate insist on its amendments to HB 914.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted on its amendments to HB 914.
The following bill was taken up to consider House action thereto:
SB 31. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and Isakson of the 21st:
A bill to provide for an additional judge of the superior court of the Cobb Judi cial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Cobb Judicial Circuit.
Senator Clay of the 37th moved that the Senate adhere to its disagreement to the House substitute to SB 31 and that a Conference Committee be appointed.

WEDNESDAY, MARCH 16, 1994

1973

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 31.
The President appointed as a Conference Committee on the part of the Senate, the following:
Senators Clay of the 37th, Oliver of the 42nd and Marable of the 52nd.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
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 disbursements; to provide for related matters; to amend an Act amend ing 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 Children's Trust Fund Commis sion, 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 appointmcnta, 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."
"(d) The initial tcrma for all members shall 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:

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(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 funds;
{4} (5) Accept applications for disbursements of available money from the trust fund for child abuse and neglect prevention purposes;
{6} (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."
"(d) Notwithstanding any other provisions of this chapter to the contrary, no funds shall be disbursed from the trust fund prior to July 1, 1088, except to pay operating cxpcnoco of the eommiaaion pursuant to paragraph (0) of oubacction (a) of thi3 Code acction."
Section 5. Said chapter is further amended by striking in its entirety Code Section 19-

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1975

14-21, relating to the source of funds, and inserting in lieu thereof a new Code section to read as follows:
"19-14-21. {*} 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 fundo paid into the general treasury pursuant to Code Sec tions 16-6-77.4 and 16-0-60.1 in the immediately preceding year shall be appropriated to the State Children'3 Trust Fund to implement and cany out the proviaiona of this chapter. This subsection ahull 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 fund."
Section 7. Said chapter is further amended by striking Code Section 19-14-23, relating to issuance of warrants, which reads as follows:
"19-14-23. After determining that a disbursement should be made pursuant to Code Section 19-14-9 and after approval of such disbursement by the Governor, the commission shall forward a certified copy of the order granting the payment to the Office of Treasury and Fiscal Services, which shall be authorized to draw a warrant or warrants upon the State Children's Trust Fund to pay the amount of disbursement from such trust fund.",
and inserting in its place the following:
"19-14-23. Disbursements made pursuant to Code Section 19-4-9 shall be paid out of the Children's Trust Fund in the state treasury by warrant of the Governor."
Section 8. 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 9. All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd moved that the Senate agree to the House substitute to SB 493.
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 29th

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JOURNAL OF THE SENATE

Madden Marable McGuire Middleton Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Robinson

Scott Slotin Starr Thompson Turner Walker

Those not voting were Senators:

Abernathy

Newbill

Alien

Ray

Langford of 35th (excused) Taylor

Thomas Tysinger

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 493.
The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows: Amend the Senate substitute to HB 1506 by striking on page 2, line 4, the following: "(B)" and inserting in lieu thereof "(A)"

Senator Thompson of the 33rd moved that the Senate agree to the House amendment to the Senate substitute to HB 1506.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour 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 Thompson Turner Tysinger

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1977

Those not voting were Senators:

Alien Clay

Langford of 35th (excused) Thomas

Walker

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1506.
The following bill was taken up to consider House action thereto:

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.
Senator Robinson of the 16th moved that the Senate insist on its amendment to HB 1784.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 1784.
The following bill was taken up to consider House action thereto:

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.
Senator Isakson of the 21st moved that the Senate insist on its substitute to HB 1308.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1308.
The following bill was taken up to consider House action thereto:

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.
Senator Ragan of the llth moved that the Senate adhere to its disagreement to the House amendments to SB 618 and that a Conference Committee be appointed.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendments.
The President appointed as a Conference Committee on the part of the Senate, the following:
Senators Ragan of the llth, Thomas of the 10th and Turner of the 8th.
The following bill was taken up to consider House action thereto:

SB 47. By Senator Walker of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to prohibit certain motor vehicle insurers

1978

JOURNAL OF THE SENATE

and insurance policies from requiring the use of certain companies or locations for glass replacement or repair services or products insured by such policies; to prohibit certain acts in furtherance of the prohibition.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise significantly provisions relating to agents, surplus line brokers, premium finance companies, insurers, and other licensed entities; to revise provi sions relative to the authority of the Commissioner of Insurance to examine insurance agents and other persons and entities; to provide a definition; to provide for conditions under which insurers may be required to pay the expenses of examination by the Commis sioner; to provide for reports of surplus line insurers transacting product liability insurance; to provide that surplus line brokers' certificates need only state the type of insurance pur chased; to provide that surplus line brokers file quarterly affidavits and pay taxes on premi ums billed by such surplus line brokers during the previous quarter; to delete certain report ing requirements for surplus line brokers; to allow a renewed or extended policy to be financed with the same insurance premium finance company without the execution of a new premium finance agreement; to provide for an addendum to a premium finance agreement to be mailed or delivered to the insured; to require premium finance companies to provide written disclosure to insureds of the existence within a premium finance agreement of any power of attorney enabling such premium finance company to cancel any insurance contract listed in the agreement; to provide for the form of such notice; to prohibit certain acts rela tive to the use of certain motor vehicle repair facilities; to require an estimate for repair work to contain or have attached a notice with regard to repair facilities; to require motor vehicle glass replacement businesses to provide the name of the brand of glass provided; to revise the definition of adverse underwriting decision; to repeal the definition of unautho rized insurer; to delete references to agents in connection with adverse underwriting deci sions; to repeal the authority of the Commissioner to investigate agents for certain viola tions; to provide for editorial revision; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-2-12, relating to the examination of insurance agents and others, and inserting in lieu thereof a new Code Section 33-2-12 to read as follows:
"33-2-12. For the purpose of ascertaining their compliance with this title, when he the Commissioner deems it necessary in the public interest, the Commissioner may examine tHe affairs, accounts, records, documents, and transactions of:
(1) Any insurance agent, aubagcnt, broker, counselor, adjuster, or any other person li eenacd under thia title;
42) (1) Any person having a contract under which he enjoys in fact the exclusive or dominant right to control an insurer;
43) (2) Any person holding the shares of capital stock or policyholder proxies of a do mestic insurer for the purpose of control of its management either as voting trustee or otherwise;
44) (3) Any person engaged in the promotion or formation of a domestic insurer, or insurance~holding corporation, or corporation to finance a domestic insurer or the produc tion of its business;
46) (4) Any other person transacting the business of insurance, whether authorized or unauthorized;

WEDNESDAY, MARCH 16, 1994

1979

46} (5) Any person or affiliate of such person who proposes or makes application to acquire any domestic insurer or any affiliate of a domestic insurer; and
f?) (6) Any person seeking to acquire any other person subject to the jurisdiction of the Commissioner pursuant to this title."
Section 2. Said title is further amended by adding immediately following Code Section 33-2-12, relating to the examination of insurance agents and others, a new Code Section 332-12.1 to read as follows:
"33-2-12.1. (a) As used in this Code section, the term 'probable cause' means direct evidence which points to the likelihood of a violation of this title.
(b) The Commissioner may examine the affairs, records, documents, and transactions of any insurance agent, subagent, surplus line broker, counselor, or adjuster when there exists probable cause that such person has engaged in, is engaged in, or is about to engage in any act, practice, or transaction which is prohibited by this title."
Section 3. Said title is further amended by striking Code Section 33-2-15, relating to conditions under which insurers must pay the expenses of examination by the Commissioner of Insurance, and inserting in lieu thereof the following:
"33-2-15. At the direction of the Commissioner, the insurer or other person so examined shall pay all the actual travel and living expenses of the examination. When the examination is made by an examiner who is not a regular employee of the department, the person ex amined shall pay the proper charges for the services of the examiner and his the examiner's assistants and the actual travel and living expenses incurred by such examiners and assistants in an amount approved by the Commissioner. A consolidated account for the examina tion shall be filed by the examiner with the Commissioner. No person shall pay and no examiner shall accept any additional emolument on account of any examination. When the examination is conducted in whole or in part by regular salaried employees of the depart ment, payment for such services and proper expenses shall be made by the person examined to the Commissioner, and such payment shall be deposited in the state treasury; provided, however, that, when an agent, broker, solicitor, counselor, subagent, surplus lines broker, or adjuster is examined because of a complaint filed against auch agent, broker, solicitor, coun selor, or ndjuotcr and when the Commissioner finds that the complaint was not juatificd, the expenses of the examination shall not be assessed against the agent, broker, solicitor, coun sclof, or adjuster but shall be borne by the department, unless the examination produces evidence of willful or intentional violation of this title."
Section 4. Said title is further amended by striking Code Section 33-3-22, relating to reports of insurers authorized to transact product liability insurance, and inserting in lieu thereof a new Code Section 33-3-22 to read as follows:
"33-3-22. The Commissioner by rule and regulation may require each insurer, including any surplus line insurer, providing product liability insurance in this state to provide annual reports of its affairs transactions and operations regarding product liability insurance cover ing risks located in this state with auch frequency and in such form as the Commissioner deema necessary. Such reports shall include only those items enumerated in paragraphs (1) through (4) of subsection (c) of Code Section 33-3-21.1."
Section 5. Said title is further amended by striking subsection (a) of Code Section 33-527, relating to issuance to insured by broker of evidence of insurance, and inserting in lieu thereof the following:
"(a) Upon placing a surplus line coverage, the broker shall promptly issue and deliver to the insured evidence of the insurance consisting either of the policy as issued by the insurer or, if the policy is not then available, the surplus line broker's certificate. The certificate shall be executed by the broker and shall show the description and location of the subject of the insurance, coverage, conditions a general statement of the type of insurance purchased, and the term of the insurance, the premium and date charged, taxes collected from the

1980

JOURNAL OF THE SENATE

insured, and the name and address of the insured and the insurer. If the direct risk is as sumed by more than one insurer, the certificate or the policy, when delivered, shall state the name and address and proportion of the entire direct risk assumed by each insurer."
Section 6. Said title is further amended by striking Code Section 33-5-29, relating to filing of quarterly affidavits by surplus line brokers, and inserting in lieu thereof the following:
"33-5-29. (a) Each surplus line broker shall file with the Commissioner, on a quarterly basis, an affidavit executed by the surplus line broker setting forth the facts referred to in Code Section 33-5-21. Such affidavit shall furnish certificate or cover note number, name of insured, the amount of the premium, the tax paid thereon, and any other information as the Commissioner may require for all surplus line transactions in which premiums were paid or were due and payable billed by the surplus line broker during the previous quarter. The quarterly affidavit shall be filed with the Commissioner on or before the fifteenth day of April, July, October, and January. Each surplus line broker shall remit a 4 percent tax on direct premiums written, as defined in Code Section 33-5-31. The tax shall be remitted with the surplus line broker's quarterly affidavit.
(b) In addition to the information required on the quarterly affidavit, each surplua line broker ahull provide the Commissioner with such reports of its affairs and operations re garding insurance covering insured persons, resident or located in the state, for the last preceding calendar year ending on December 31 or for other periods of time as the Commiaaioncr may require. These reports shall be made in auch form and shall contain any infor mation as the Commissioner may by regulation or by order from time to time prescribe which, aa to product liability insurers, may include but shall not be required to be limited to the following information!
(1) The total number of product liability claima, broken down by;
(A) The type or category of claims; and
(B) Whether the claims were;
(i) Reported during a prior period and closed during the reporting period;
(ii) Reported and closed during the reporting period; or
(iii) Reported and not closed during the reporting period;
(2) The total amount paid in settlement or discharge of the claims for each type or category of claims;
(3) The total amount of reserves available to pay those product liability claima which were reported for the last preceding year; provided, however, the information on reserves ahall be required to be maintained by the Commissioner in confidence, except that summa ries of the combined totals of such reserves shall be aubjcet to inspection by members of the General Assembly upon request;
(4) The total amount of premiums received from insured persons, resident or located in this state, which is attributable to product liability insurance and which must be classified separately with respect to manufacturers, wholesalers or distributora, and retailers;
(6)Thc total number of insured persons, resident or located in this state, for which the product liability insurance has been provided which must be classified separately with rcapcct to manufacturers, wholesalers or distributors, and retailers;
(6) The total number of insured persons, resident or located in this state, whose prod uct liability insurance coverage the insurer, with which the surplua line broker placed the coverage, canceled or refused to renew and the reasons therefor which must be claaaificd separately with respect to manufacturers, wholesalers or distributors, and retailers; and
(7) The total number of insured persons, resident or located in this state, who failed to renew their product liability insurance policies during the reporting period which informa 1 tion must be classified separately with respect to manufacturers, wholesalers or distributors,

WEDNESDAY, MARCH 16, 1994

1981

and retailers. Reports on product liability insurance coverages shall be provided by surplus line insurers in accordance with Code Section 33-3-22.17
Section 7. Said title is further amended by striking subsection (a) of Code Section 33-531, relating to payment by broker of tax for privilege of doing business, and inserting in lieu thereof the following:
"(a) The surplus line broker shall remit to the Commissioner, on or before the fifteenth day of April, July, October, and January, at the time his or her quarterly affidavit is submit ted, as a tax imposed for the privilege of doing business as a surplus line broker in this state, a tax of 4 percent on all premiums paid or due and payable billed by the surplus line broker during the preceding quarter, less return premiums and exclusive of sums collected to cover state or federal taxes, on surplus line insurance subject to tax transacted by him or her during the preceding quarter as shown by his or her affidavit filed with the Commissioner."
Section 8. Said title is further amended by striking Code Section 33-22-8, relating to the form, contents, execution, and delivery of premium finance agreements, and inserting in lieu thereof a new Code Section 33-22-8 to read as follows:
"33-22-8. (a) A premium finance agreement shall:
(1) Be dated and signed by or on behalf of the insured, and the printed portion of the agreements shall be in at least eight-point type;
(2) Contain the name and place of business of the insurance agent or insurance broker negotiating the related insurance contract, the name and residence of place of business of the insured as specified by him or her, the name and place of business of the premium finance company to which payments are to be made, a description of the insurance contracts involved, and the amount of the premium for the contracts; and
(3) Set forth the following items, where applicable:
(A) The total amount of the premiums;
(B) The amount of the down payment;
(C) The principal balance (the difference between subparagraphs (A) and (B) of this paragraph);
(D) The amount of the service charge, including the additional charge as provided in Code Section 33-22-9;
(E) The balance payable by the insured (sum of subparagraphs (C) and (D) of this paragraph); and
(F) The number of payments required, the amount of each payment expressed in dol lars, and the due date or period of payment.
(b) The items set out in paragraph (3) of subsection (a) of this Code section need not be stated in the sequence or order in which they appear in such clause and additional items may be included to explain the computations made in determining the amount to be paid by the insured.
(c) The licensee or the insurance agent or insurance broker shall deliver to the insured or mail to him the insured at his or her address shown in the agreement a complete copy of the agreement.
(d) Whenever an insurance policy has been financed pursuant to this chapter, a renewal or extension of such policy may be financed with the same premium finance company with out the execution of a new premium finance agreement. The premium finance company shall mail or deliver to the insured an addendum to the existing premium finance agreement in the same manner as provided in subsection (c) of this Code section and such addendum shall contain the information required under subsection (a) of this Code section."
Section 9. Said title is further amended by adding immediately following Code Section

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JOURNAL OF THE SENATE

33-22-12, relating to notification of an insurer by a premium finance company of the exis tence of a finance agreement, a new Code Section 33-22-12.1 to read as follows:
"33-22-12.1. Whenever a premium finance company executes a premium finance agree ment relative to a personal or family-type policy of insurance, it shall mail or deliver to the insured a copy of the agreement as provided in subsection (c) of Code Section 33-22-8 and a written notice which clearly discloses to the insured the existence of the power of attorney contained in such agreement. The written notice shall substantially comply with the follow ing form:
'NOTICE
Your insurance policy premiums have been financed and are payable on a monthly pay ment basis. If you do not pay each payment on or before the date due or within 15 days of the date due, we have the right to CANCEL your insurance policy or policies which are financed under the premium finance agreement. To avoid cancellation of your policy or poli cies, MAKE YOUR PAYMENTS ON TIME.' "
Section 10. Said title is further amended by striking Code Section 33-34-6, relating to the selection of motor vehicle repair facilities, and inserting in lieu thereof a new Code Sec tion 33-34-6 to read as follows:
"33-34-6. (a) Subject to the provisions of subsection (b) of this Code section, no insurer shall represent to a person making a claim under a motor vehicle insurance policy that the use of or the failure to use a particular repair facility or particular repair facilities may result in the nonpayment of a claim.
(b) No insurer shall require a person making a claim under a motor vehicle insurance policy to use a particular repair facility or particular repair facilities in order to settle a claim if the person making the claim can obtain the same repair work on the motor vehicle at the same or lesser cost from another source.
(c) Nothing contained in this Code section ahull affect the rights of any insurer or in surcd pursuant to the provisions of the policy of insurance. No insurer, including any agent or adjuster for such insurer, shall engage in any act or practice of intimidation, coercion, or threat with respect to the insured under such policy; provided, however, when an insurer has made prior arrangements with a repair facility or repair facilities that allow the insurer to guarantee repair work, the existence of such agreement shall not be interpreted to be threatening, coercive, or intimidating.
(d) Any written estimate for the repair of a motor vehicle prepared by an insurance adjuster or a motor vehicle repair facility shall contain or have attached thereto the follow ing notice:
'NO_ INSURER MAY REQUIRE A PERSON MAKING A CLAIM UNDER A MO TOR VEHICLE INSURANCE POLICY'TO USE A PARTICULAR REPAIR FACILITY IN ORDER TO SETTLE A-CLAIM IF THE PERSON MAKING THE CLAIM CAN OB TAIN THE SAME REPAIR WORK ON THE MOTOR VEHICLE AT THE SAME UK LESSER COST FROM ANOTHER SOURCE.'
(e) Upon the request of an insured, a business providing motor vehicle glass replacement shall furnish that insured with the name of the type or brand of glass being so providedT
(f) Nothing contained in this Code section shall affect the rights of any insurer or insurecTpursuant to the provisions of the policy of insurance."
Section 11. Said title is further amended by striking paragraph (1) of Code Section 3339-3, relating to definitions, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Adverse underwriting decision' means:

WEDNESDAY, MARCH 16, 1994

1983

(A) Any of the following actions with respect to insurance transactions involving insur ance coverage which is individually underwritten:
(i) A declination of insurance coverage;
(ii) A termination of insurance coverage;
(iii) Failure of an agent to apply for insurance coverage with a specific insurance institu tion which the agent represents and which is requested by an applicant;
(iv) In the case of a property or casualty insurance coverage, :
(I) Placement by an insurance inatitution or agent of a risk with a rcaidunl market mechanism, an unauthorized inaurcr, or an insurance institution which specializes in sub standard risks; or
(II) The the charging of a higher rate on the basis of information which differs from that which the~applicant or policyholder furnished;
(v) In the case of a life, health, or disability insurance coverage, an offer to insure at higher than standard rates; or
(B) Notwithstanding subparagraph (A) of this paragraph, the following actions shall not be considered adverse underwriting decisions but the insurance institution or agent respon sible for their occurrence shall nevertheless provide the applicant or policyholder with the specific reason or reasons for their occurrence:
(i) The termination of an individual policy form on a class or state-wide basis;
(ii) A declination of insurance coverage solely because such coverage is not available on a class or state-wide basis; or
(iii) The rescission of a policy."
Section 12. Said title is further amended by striking paragraph (26) of Code Section 3339-3, relating to definitions, which reads as follows:
"(26) 'Unauthorized insurer' means an insurance institution that has not been granted a certificate of authority by the Commissioner to transact the business of insurance in this state.",
in its entirety.
Section 13. Said title is further amended by striking Code Section 33-39-13, relating to limitations on adverse underwriting decisions, and inserting in lieu thereof a new Code Sec tion 33-39-13 to read as follows:
"33-39-13. (a) No insurance institution or agent may base an adverse underwriting deci sion in whole or in part:
(1) On the fact of a previous adverse underwriting decision or on the fact that an indi vidual previously obtained insurance coverage through a residual market mechanism; pro vided, however, an insurance institution or agent may base an adverse underwriting decision on further information obtained from an insurance institution or agent responsible for a previous adverse underwriting decision;
(2) On personal information received from an insurance-support organization whose pri mary source of information is insurance institutions; provided, however, an insurance insti tution or agent may base an adverse underwriting decision on further personal information obtained as the result of information received from such insurance-support organization.
(b) With respect to a personal or family type policy of motor vehicle insurance, no insurance institution or agent may base an adverse underwriting decision solely on the fact that the applicant has never purchased such a policy of motor vehicle insurance or has not owned or been covered by such a policy of motor vehicle insurance during any specified period immediately preceding the date of application."
Section 14. Said title is further amended by striking Code Section 33-39-15, relating to

1984

JOURNAL OF THE SENATE

investigations by the Commissioner into affairs of insurance institutions, agents, or insur ance-support organizations, and inserting in lieu thereof a new Code Section 33-39-15 to read as follows:
"33-39-15. (a) The Commissioner shall have power to examine and investigate into the affairs of every insurance institution or agent doing business in this state to determine whether the insurance institution or agent has been or is engaged in any conduct in viola tion of this chapter.
(b) The Commissioner shall have the power to examine and investigate into the affairs of every insurance-support organization acting on behalf of an insurance institution or agent which either transacts business in this state or transacts business outside this state that has an effect on a person residing in this state in order to determine whether such insurancesupport organization has been or is engaged in any conduct in violation of this chapter."
Section 15. All laws and parts of laws in conflict with this Act are repealed.
Senator Pollard of the 24th moved that the Senate disagree to the House substitute to SB 47.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 47.
The following bill was taken up to consider House action thereto:
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.
Senator Ragan of the llth moved that the Senate insist on its amendment to HB 1715.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 1715.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to change the provisions relat ing to conveyance of rights in works of fine art; to change the definition of a certain term; to change the provisions relating to beauty pageants; to provide that all contests involving a judging and payment of an entrant's fee shall be covered by this Act; to change require ments relating to a written notice for entrants; to clarify exemptions; 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 prohibit certain price increases for certain goods when there is a declared state of emergency; to provide for an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 16, 1994

1985

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking in its entirety paragraph (5) of subsection (a) of Code Section 10-1-510, relating to conveyance of rights in works of fine art, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) 'Fine print' includes, but is not limited to, an engraving, etching, woodcut, lithogfaph; monoprint, or serigraph but does not include industrial designs or offset lithography."
Section 2. Said chapter is further amended by striking in its entirety Article 30, relat ing to beauty pageants, 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 of the following:
(A) Any such contest or competition in which:
(i) None application fee ef is charged;
(ii) No entrance charge is made for contestants, to which no admission charge is made for attendance, and in ; and
(iii) In connection with which no tickets, ef chances, advertisements, or sponsorships are solo>
(B) Any competition in which there is an inherent winner determined solely by the outcome of the competition itself and in which any judgment by judges is rendered only on incidental matters peripherally related to determining the winner; or
(C) Any sporting or athletic event, including, but not limited to, any automotive race, swimming meet or tournament, field and track meet or tournament, hunting event, skating meet or tournament, football game, basketball game, baseball game, soccer game, hockey game, or tennis or golf match or tournament.
(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, civic group, or elemen tary or secondary educational institution which promotes, organizes, or otherwise operates a beauty pagent 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

1986

JOURNAL OF THE SENATE

(6) Name, address, and telephone number of the surety company maintaining the bond required by Code Section 10-1-8327 ;
(1) 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 $10,000.96 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 section?
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 institutiori 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 closedT
10-1-838. Any individual who fails to comply with either Code Section 10-1-832 or 10-1837 shall 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."

WEDNESDAY, MARCH 16, 1994

1987

Section 3. Said chapter is further amended by adding at the end thereof a new Article 34 to read as follows:
"ARTICLE 34
10-1-900. In any area in which there is a declared state of emergency, as defined in Code Section 38-3-3, it shall be unlawful, unfair, and deceptive for any person, firm, or corpora tion doing business in the area where a state of emergency exists to increase the retail price of any goods necessary to preserve, protect, or sustain the life, health, or safety of persons or their property above the price at which such goods were sold or offered for sale immediately preceding such state of emergency for a period not to exceed 30 days, except insofar as such price increase is a direct result of the increased cost of such goods to the retailer or the increased cost of transportation of such goods into such area."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Brown of the 26th moved that the Senate disagree to the House substitute to SB 540.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 540.
The following bill was taken up to consider House action thereto:
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.
The House amendment was as follows:
Amend the Senate amendment to HB 1641 by inserting at the end of line 2 of page 1 the following:
"provide that labels for agricultural seeds shall show the calendar year or years during which the seeds were produced; to".
By striking line 15 of page 1 and inserting in lieu thereof the following:
"amended by striking the word 'and* at the end of subparagraph (c) (9) (B) of Code Section 2-11-22, relating to labeling requirements for seeds; by inserting at the end of subparagraph (c) (9) (C) of said Code section the word 'and'; and by inserting immediately following said subparagraph (c) (9) (C) the following:
'(D) The calendar year or years during which the seeds were produced;'
Section 2. Said chapter is further amended by adding a new article to read as follows:".
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.
Senator Ragan of the llth moved that the Senate disagree to the House amendment to the Senate amendment to HB 1641.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate amendment to HB 1641.
The following bill was taken up to consider House action thereto:
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.

1988

JOURNAL OF THE SENATE

Senator Crotts of the 17th moved that the Senate adhere to its amendment to HB 1376 and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to its amendment to HB 1376.
The President appointed as a Conference Committee on the part of the Senate, the following:
Senators Crotts of the 17th, Ralston of the 51st and Farrow of the 54th.
Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.
The following bill was taken up for the purpose of considering the Conference Commit tee report thereto:

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.
The Conference Committee report on HB 1375 was as follows:
The Committee of Conference on HB 1375 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1375 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ George Hooks Senator, 14th District

/s/ Terry L. Coleman Representative, 142nd District

/s/ Charles W. Walker Senator, 22nd District

/s/ Larry Walker Representative, 141st District

/s/ Pete Robinson Senator, 16th District

/s/ Thomas B. Buck, III Representative, 135th District

Conference Committee substitute to HB 1375:

A BILL

To be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 1994, and ending June 30, 1995; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants author ized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1994, and ending June 30, 1995, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, includ ing unappropriated surplus, reserves and a revenue estimate of $9,396,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1995.

WEDNESDAY, MARCH 16, 1994

1989

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

$24,203,650 $12,482,319 $3,809,504 . . $2,789,448
$86,500 $7,000 ..... $--0-- . . . . $183,500 . . . . $488,000 $5,000 $656,000 $103,970 . . $2,389,609 . . . . . $70,000 $1,132,800 $24,203,650 $24,203,650

Senate Functional Budgets Total Funds

State Funds

Senate and Research Office

$ 3,559,136

3,559,136

Lt. Governor's Office

$

707,675

707,675

Secretary of the Senate's Office

$ 1,172,625

1,172,625

Total

$ 5,439,436

5,439,436

House Functional Budgets Total Funds

State Funds

House of Representatives and Research Office

9,204,912

9,204,912

Speaker of the House's Office Clerk of the House's Office Total

517,887 1,324,270 11,047,069

517,887 1,324,270 11,047,069

Joint Functional Budgets Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office

$ 2,459,165 $ 2,254,263

2,459,165 2,254,263

Legislative Budget Office

$ 1.029,240

1,029,240

Ancillary Activities

$ 1,974,477

1,974,477

Total

$ 7,717,145

7,717,145

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

1990

JOURNAL OF THE SENATE

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 ................................ $16,988,425

Personal Services................................................ $14,245,693

Regular Operating Expenses......................................... $428,820

Travel ............................................................ $560,650

Motor Vehicle Purchases............................................ $105,102

Equipment ......................................................... $47,380

Real Estate Rentals ................................................ $852,070

Per Diem, Fees and Contracts

$34,000

Computer Charges ................................................. $579,710

Telecommunications ................................................ $135,000

Total Funds Budgeted ........................................... $16,988,425

State Funds Budgeted ........................................... $16,988,425

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court.

Budget Unit: Supreme Court

$5,433,395

Personal Services................................................. $4,594,033

Operating Expense

$1,485,605

Total Funds Budgeted ............................................ $6,079,638

State Funds Budgeted ............................................ $5,433,395

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

$6,269,416 $5,615,839
$703,577 $6,319,416 $6,269,416

Section 5. Superior Courts.

Budget Unit: Superior Courts ...................................... $51,050,860

Operation of the Courts

$49,839,417

WEDNESDAY, MARCH 16, 1994
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 ....................... 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
Section 11. Georgia Courts Automation Commission. Budget Unit: Georgia Courts Automation Commission Operating Expenses .............................. Computerized Information Network ................. Total Funds Budgeted ............................ State Funds Budgeted ............................
PART III.
EXECUTIVE BRANCH
Section 12. 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 .........................................

1991
$1,969,089 . . $168,158
$135,417 $1,242,858 $53,354,939 $51,050,860
. $1,023,530
$652,490 $513,260 $139,230 $652,490 $652,490
$1,802,442 $1,262,686
$76,500 . . $70,756
$26,700 $20,000 $12,000 $33,800 . $300,000 $1,802,442 $1,802,442
$148,808
$2,000,000
$1,244,331 $561,763
. $682,568 $1,244,331 $1,244,331
$36,140,264 $42,444,445 $11,667,606
$270,459 $174,200 $1,968,391 $11,691,066 $2,772,902 $3,279,622 $4,287,065 $11,305,000 $46,500

1992

JOURNAL OF THE SENATE

Payments to DOAS Fiscal Administration ...................... Direct Payments to Georgia Building Authority for Capital Outlay Direct Payments to Georgia Building Authority for Operations Telephone Billings ........................................... Radio Billings ............................................... Materials for Resale .......................................... Public Safety Officers Indemnity Fund ......................... Health Planning Review Board Operations ..................... Total Funds Budgeted ........................................ State Funds Budgeted ........................................

$2,750,000 . . $500,000 . $300,000 $48,553,700
$683,000 $21,000,000
$250,000 $35,000 $163,978,956 . $36,140,264

Department of Administrative Services Functional Budgets Total Funds

Executive Administration

1,821,451

State Funds 619,823

Departmental Administration

2,850,123

2,746,241

Statewide Systems

11,025,460

8,275,460

Space Management

493,362

493,362

Procurement Administration

2,856,088

2,856,088

General Services Central Supply Services

413,823 $ 17,174,449

Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property

48,036,887 $ 13,766,925

3,699,601

--0--

61,469,426

5,850,000

$ 6,941,632 2,131,569

--0-- --0--

Mail and Courier Services

1,251,839

Risk Management

2,520,444

239,563

State Properties Commission Distance Learning and Telemedicine

470,332 --0--

470,332 --0--

Office of the Treasury

822,470

822,470

Total

163,978,956

36,140,264

B. Budget Unit: Georgia Building Authority Personal Services....................... Regular Operating Expenses............. Travel ................................ Motor Vehicle Purchases................ Equipment ............................ Computer Charges ..................... Real Estate Rentals .................... Telecommunications .................... Per Diem, Fees and Contracts ........... Capital Outlay Utilities ............................... Contractual Expense Facilities Renovations and Repairs Total Funds Budgeted .................. State Funds Budgeted ..................

$--0--
$20,059,211 . $4,914,086
$20,700 $302,000 $219,725 $112,200 $12,700 . $161,340 $335,000
$--0--
$8,950,000 $1,047,272 . . . . $--0-- $36,134,234
$--0--

Georgia Building Authority Functional Budgets Total Funds

State Funds

Grounds

1,457,429 $

WEDNESDAY, MARCH 16, 1994

1993

Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

$ 5,515,932 $ $ 4,577,331 $

$ 5,857,439 $

$

375,536 $

$ 4,075,930 $

$ 12,530,720 $

$ 1,743,917 $

$

--0-- $

$ 36,134,234 $

--0-- --0-- -- 0-- -- 0-- --0-- --0-- --0-- --0--
--0--

Section 13. Agency for the Removal of Hazardous Materials.

Budget Unit: Agency for the Removal of Hazardous Materials

$111,759

Personal Services.................................................... $92,559

Regular Operating Expenses.......................................... $10,800

Travel .............................................................. $8,000

Motor Vehicle Purchases............................................. $--0--

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

Computer Charges .................................................. $--0--

Real Estate Rentals ................................................. $--0--

Telecommunications ................................................... $400

Per Diem, Fees and Contracts ........................................ $--0--

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

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

Total Funds Budgeted .............................................. $111,759

State Funds Budgeted .............................................. $111,759

Section 14. Department of Agriculture.

A. Budget Unit: Department of Agriculture .......................... $35,951,993

Personal Services................................................ $31,024,092

Regular Operating Expenses....................................... $4,153,363

Travel ..............................................

$896,000

Motor Vehicle Purchases............................................ $446,460

Equipment ........................................................ $391,082

Computer Charges ................................................. $359,078

Real Estate Rentals ................................................ $791,341

Telecommunications ................................................ $402,901

Per Diem, Fees and Contracts ....................................... $957,050

Market Bulletin Postage ............................................ $860,000

Payments to Athens and Tifton Veterinary Laboratories

$2,515,782

Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas,

Oakwood, and Statesboro, Carroll, Macon, Mitchell, and Monroe $2,130,411

Veterinary Fees .................................................... $412,000

Indemnities........................................................ $127,000

Advertising Contract ............................................... $175,000

Payments to Georgia Agrirama Development Authority for Operations $618,360

Payments to Georgia Development Authority

$250,000

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

$--0--

Total Funds Budgeted ........................................... $47,249,920

State Funds Budgeted ........................................... $35,951,993

1994

JOURNAL OF THE SENATE

Department of Agriculture Functional Budgets Total Funds

Plant Industry

$ 4,910,852

Animal Industry

$ 7,269,912

Marketing

$ 2,014,267

General Field Forces

$ 3,145,432

Internal Administration

$ 3,825,770

Information and Education

$ 2,137,076

Fuel and Measures

$ 3,296,945

Consumer Protection Field Forces

$ 7,906,611

Meat Inspection

$ 4,327,897

Major Markets

$ 5,195,637

Seed Technology

$

722,410

Entomology and Pesticides

$ 2,497,111

Total

$ 47,249,920

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 15. 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 16. 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 .................................

State Funds

$ 4,589,852

$ 7,033,210

$ 1,962,202

$ 3,020,432

$ 3,579,170

$ 2,137,076

$ 3,171,945

$ 5,038,264

$ 1,810,094

$

1,572,637

$

-- 0--

$ 2,037,111

$ 35,951,993

$-- 0--
$851,649 . $170,568 . . . . . $5,000 . . $12,500 . . . . $35,150
$5,000 $-- 0--
. . $7,420 . . . . . $7,950
$75,000 . . $113,200
$1,283,437 $-0--

$8,614,966 $6,982,155 . $384,985
$392,080 $104,080 $26,730 $341,668 $302,436 $70,832 $10,000 $8,614,966 $8,614,966

$89,554,868 $62,348,191 $4,453,680
. $765,800 $234,700 $304,095 $255,600 $1,540,689

WEDNESDAY, MARCH 16, 1994

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

21,844,403

Milledgeville State YDC

8,043,669

Augusta State YDC

7,923,791

Atlanta State YDC

4,542,423

Macon State YDC

4,915,500

Court Services

15,937,033

Community Treatment Centers

2,979,860

Day Centers

901,314

Group Homes

964,130

Purchased Services

15,132,820

Runaway Investigation/Interstate Compact

895,497

Assessment and Classification

671,091

Youth Services Administration

7,356,537

Multi-Service Centers

120,000

Total

92,228,068

Section 17. 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) National and Community Service Program 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

1995
. . . . $738,400 $2,660,000 $2,027,600 $547,600 $2,686,400 $13,329,313 $308,000 $28,000 $92,228,068 $89,554,868
State Funds
21,044,903
7,701,969
7,585,491
4,373,823
4,690,400
15,937,033
2,979,860
901,314
964,130
14,332,820
895,497
671,091
7,356,537
120,000
89,554,868
$29,116,263 $5,646,703
$230,905 ... $157,750 . . $12,000 ...... $6,040
$169,000 $549,166 $46,211 $215,700 .... $--0-- . $2,272,825 $3,880,890
$94,731 $30,000,000
$250,000 $257,480 $100,000 $750,000 $4,625,000 $7,685,000 $1,695,467

1996

JOURNAL OF THE SENATE

Regional Economic Business Assistance Grants Local Government Efficiency Grant Program................... State Commission on National and Community Services Total Funds Budgeted ....................................... State Funds Budgeted .......................................

Department of Community Affairs Functional Budgets Total Funds

Office of Commissioner Government Management

25,516,202 1,534,235

Financial Assistance

32,085,782

Coordinated Planning Total

2,438,649 61,574,868

Section 18. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation
Personal Services............................................ Regular Operating Expenses Travel ..................................................... Motor Vehicle Purchases..................................... Equipment ................................................. Computer Charges .......................................... Real Estate Rentals ......................................... Telecommunications Per Diem, Fees and Contracts ................................ Capital Outlay .............................................. Utilities .................................................... Court Costs................................................. County Subsidy ............................................. County Subsidy for Jails ..................................... 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

Administration Institutions and Support Probation Total

Departmental Functional Budgets Total Funds
$ 67,746,619 $ 463,081,827 $ 106,995,247 $ 637,823,693

B. Budget Unit: Board of Pardons and Paroles Personal Services Regular Operating Expenses

$2,000,000 $750,000 $180,000
$61,574,868 . $29,116,263
State Funds
24,242,135
1,534,235
1,064,998
2,274,895
29,116,263
$631,865,608 $445,080,150 $62,560,607
$2,110,975 $3,114,564 $4,169,710 . $5,012,000 . $5,581,082 $5,822,295 . . $6,377,814 ..... $--0-- $20,547,180
$950,000 $13,928,400 $2,117,200 ..... $--0--
$886,000 $3,985,806 $1,340,100
$459,900 $1,400,000 . $51,967,153 . . $60,400 .... $352,357 ..... $--0-- $637,823,693
$450,000 ..... $--0-- $631,865,608
State Funds
66,755,519
461,251,002
103,859,087
631,865,608
$37,933,656 $30,885,996 $1,140,630

WEDNESDAY, MARCH 16, 1994

1997

Travel .......................... Motor Vehicle Purchases.......... Equipment ...................... Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Jail Subsidy .............. Health Services Purchases Total Funds Budgeted State Funds Budgeted ............

. . . $678,400 $264,500 $167,500 $428,130
$2,623,000 . $838,000 . $252,500 $650,000 ... $5,000 $37,933,656 $37,933,656

Section 19. Department of Defense. Budget Unit: Department of Defense 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 ............

Department of Defense Functional Budgets Total Funds

Office of the Adjutant General

1,361,592

Georgia Air National Guard

4,604,969

Georgia Army National Guard

6,499,566

Total

12,466,127

$4,087,965 . . . . . $7,084,802
. $4,724,530 ........ $22,550 ........ $--0-- ......... $24,000
.... $11,000 ......... $10,000 ........ $41,845 ........ $547,400 ........ $--0--
$12,466,127 ...... $4,087,965

State Funds

$ 1,237,315

$

533,129

$ 2,317,521

$ 4,087,965

Section 20. State Board of Education - Department of Education.

A. Budget Unit: Department of Education ..................... . $3,424,038,321

Operations:

Personal Services..........................................

$38,964,163

Regular Operating Expenses................................ ...... $3,958,764

Travel ................................................... ...... $1,063,842

Motor Vehicle Purchases................................... ........ $138,000

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

$366,586

Computer Charges ........................................

$12,521,311

Real Estate Rentals ....................................... ...... $1,495,141

Telecommunications .......................................

$1,242,587

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

$16,866,139

Utilities .................................................. ........ $764,752

Capital Outlay ............................................

$25,000

QBE Formula Grants:

Kindergarten/Grades 1-3

$775,391,628

Grades 4 - 8 .............................................. . . . . $735,657,774

Grades 9 - 12 .............................................

$286,005,522

High School Laboratories

$151,108,426

Vocational Education Laboratories ..........................

$104,603,623

Special Education .........................................

$299,194,977

Gifted....................................................

$43,433,599

1998

JOURNAL OF THE SENATE

Remedial Education ............................................. $65,783,964

Staff Development and Professional Development .................. $29,835,699

Media.......................................................... $89,791,383

Indirect Cost .................................................. $615,148,563

Pupil Transportation ........................................... $130,609,130

Local Fair Share .............................................. $(635,320,498)

Mid-Term Adjustment Reserve ....................................... $--0--

Teacher Salary Schedule Adjustment ............................ $116,776,474

Other Categorical Grants:

Equalization Formula........................................... $149,778,370

Sparsity Grants .................................................. $3,609,604

In School Suspension ............................................ $20,872,296

Special Instructional Assistance................................... $57,066,117

Middle School Incentive ......................................... $61,396,016

Special Education Low - Incidence Grants............................ $416,000

Non-QBE Grants:

Education for Children of Low-Income Families................... $198,714,081

Retirement (H.B. 272 and H.B. 1321) .............................. $4,950,000

Instructional Services for the Handicapped ........................ $51,519,023

Tuition for the Multi-Handicapped ................................ $1,841,080

Severely Emotionally Disturbed .................................. $37,229,829

School Lunch (Federal) ......................................... $165,074,766

School Lunch (State) ............................................ $24,758,747

Supervision and Assessment of Students and Beginning Teachers and

Performance-Based Certification ................................. $1,500,000

Regional Education Service Agencies ............................... $7,001,200

Georgia Learning Resources System ................................ $3,300,462

High School Program ............................................ $21,979,854

Special Education in State Institutions

$3,991,103

Governor's Scholarships........................................... $2,972,200

Counselors....................................................... $6,448,277

Vocational Research and Curriculum ................................. $258,213

Even Start ...................................................... $1,375,160

Salaries and Travel of Public Librarians........................... $10,760,927

Public Library Materials .......................................... $5,149,409

Talking Book Centers .............................................. $934,522

Public Library M&O....... ..................................... $4,039,395

Child Care Lunch Program (Federal)

$37,880,233

Chapter II - Block Grant Flow Through........................... $10,019,305

Payment of Federal Funds to Board of Technical and Adult

Education .................................................... $13,311,012

Education of Homeless Children/Youth .............................. $186,700

Innovative Programs.............................................. $2,349,999

Next Generation School Grants...................................... $500,000

Limited English-Speaking Students Program

$8,601,007

Drug Free School (Federal)

$12,505,800

At Risk Summer School Program

$3,691,270

Emergency Immigrant Education Program

$228,500

Title II Math/Science Grant (Federal)

$4,570,112

Robert C. Byrd Scholarship (Federal)

$253,000

Health Insurance - Non-Cert. Personnel and Retired Teachers

$99,047,892

Pre-School Handicapped Program ................................ $14,602,242

Mentor Teachers ................................................. $1,250,000

Nutrition Education ................................................. $57,035

Advanced Placement Exams....................................... $1,100,400

Serve America Program ............................................. $356,000

Family Connection Grants

$2,575,000

WEDNESDAY, MARCH 16, 1994

1999

Youth Apprenticeship Grants ............................. Remedial Summer School ................................. Alternative Programs ..................................... Superintendent's Base Salary.............................. Environmental Science Grants............................. Pay for Performance ..................................... Total Funds Budgeted .................................... Indirect DOAS Services Funding State Funds Budgeted ....................................

Education Functional Budgets Total Funds

State Administration

$ 4,891,919

Instructional Services

$ 22,737,569

Governor's Honors Program

$ 1,194,075

Administrative Services

$ 25,251,325

Special Services

$ 6,430,750

Professional Practices Commission

$

837,039

Local Programs

$ 3,882,649,424

Georgia Academy for the Blind

$ 4,700,018

Georgia School for the Deaf

$ 6,316,309

Atlanta Area School for the Deaf

$ 4,697,281

Total

$ 3,959,705,709

B. Budget Unit: Lottery for Education........................ Pre-Kindergarten for 4-year-olds........................... Applied Technology Labs ................................. Next Generation Schools.................................. Drug and Anti-Violence Education ......................... Alternative Programs ..................................... Educational Technology Centers ........................... Distant Learning - Satellite Dishes ........................ Model Technology Schools ................................ Total Funds Budgeted .................................... Lottery Funds Budgeted ..................................

Section 21. Employee's Retirement System. Budget Unit: Employees' Retirement System ................. Personal Services......................................... Regular Operating Expenses Travel .................................................. Motor Vehicle Purchases.................................. Equipment .............................................. Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications Per Diem, Fees and Contracts Benefits to Retirees Total Funds Budgeted State Funds Budgeted ....................................

Section 22. Forestry Commission. Budget Unit: Forestry Commission .......................... Personal Services

$2,000,000 ...... $1,876,182
$7,500,000 $1,130,820 ........ $100,000 $1,650,000 $3,959,705,709 ........ $340,000 $3,424,038,321

State Funds

$ 4,276,036

$ 18,283,984

$ 1,105,305

$ 20,882,683

$ 3,114,536

$

837,039

$ 3,360,597,594

$ 4,486,530

$ 6,128,184

$ 4,326,430

$ 3,424,038,321

$107,300,000 . $80,000,000 ...... $6,300,000 ........ $500,000
$1,000,000 $8,500,000
$900,000 ...... $2,300,000
$7,800,000 $107,300,000 $107,300,000

...... $2,880,000 .... $1,582,338 ........ $337,000
$20,500 ......... $--0-- ......... $13,113
$532,528 $302,000 $24,886 $1,091,500 $2,880,000 $6,783,865 $2,880,000

$34,884,307 $29,005,181

2000

JOURNAL OF THE SENATE

Regular Operating Expenses............................... Travel .................................................. Motor Vehicle Purchases.................................. Equipment .............................................. Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts ............................. Ware County Grant ...................................... Ware County Grant for Southern Forest World ............. Ware County Grant for Road Maintenance ................. Capital Outlay ........................................... Total Funds Budgeted .................................... State Funds Budgeted ....................................

Forestry Commission Functional Budgets Total Funds

Reforestation

1,939,405

Field Services

33,714,258

General Administration and Support

4,050,416

Total

39,704,079

Section 23. 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

3,372,654

Drug Enforcement

9,952,847

Investigative

12,537,697

Georgia Crime Information Center

6,899,244

Forensic Sciences

8,595,759

Total

41,358,201

Section 24. Office of the Governor. A. Budget Unit: Office of the Governor
Personal Services Regular Operating Expenses Travel ........................... Motor Vehicle Purchases........... Equipment Computer Charges

. . $5,472,475 . . . $150,185
$1,265,696 $1,682,392 . . . . $300,200
$52,455 . . $951,378
$475,898 . . . . . $--0--
$30,000 . $60,000 . $258,219 $39,704,079 $34,884,307
State Funds
112,HO
30,889,936
3,882,261
34,884,307
$41,358,201 . $31,114,604 . . $2,547,021
$505,589 $1,006,000 . . . . $773,845 . $1,529,394 $1,883,202 . . . . $767,110 . $722,436 . $509,000 ... $--0-- $41,358,201 . $41,358,201
State Funds
3,372,654
9,952,847
12,537,697
6,899,244
8,595,759
41,358,201
$28,040,854 $14,502,386
$905,428 $296,444 ... $--0-- . $130,596 . . . . $628,555

WEDNESDAY, MARCH 16, 1994

2001

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 .................................... State Funds Budgeted ....................................

Office of the Governor Functional Budgets Total Funds

Governor's Office

$ 7,739,094

Office of Fair Employment Practices

$

933,483

Office of Planning and Budget

$ 6,440,286

Council for the Arts

$ 4,135,365

Office of Consumer Affairs

$ 2,533,565

State Energy Office

$ 33,801,006

Vocational Education Advisory Council

$

352,830

Office of Consumers' Utility Council

$

558,546

Criminal Justice Coordinating Council

$ 1,516,899

Children and Youth Coordinating Council

$ 1,740,768

Human Relations Commission

$

306,827

Professional Standards Commission

$ 3,741,288

Georgia Emergency Management Agency

$ 4,526,655

Office of State Olympic Coordination

$

229,148

Total

$ 68,555,760

B. Budget Unit: Lottery for Education ....................... Technology Grants ....................................... Total Funds Budgeted.................................... Lottery Funds Budgeted ..................................

Section 25. 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 ......................................

$1,052,178 ........ $344,311
$36,238,515 $3,184,094
$40,000 $4,350,000
$165,000 ...... $3,007,357
........ $359,004 ......... $60,000 ......... $--0-- ........ $290,975 ...... $1,112,317
$100,000 $684,400 ...... $1,044,200 ......... $--0-- ......... $60,000
$68,555,760 $28,040,854

State Funds

$ 7,739,094

$

795,474

$ 6,440,286

$ 3,353,365

$ 2,533,565

$

276,127

$

85,404

$

558,546

$

399,959

$

513,268

$

306,827

$ 3,741,288

$ 1,068,503

$

229,148

$ 28,040,854

$500,000 $500,000 ........ $500,000 $500,000

$651,064,021
$57,489,123 ...... $1,900,250 ...... $1,285,367 ...... $1,326,625
$123,349 $4,953,294

2002

JOURNAL OF THE SENATE

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

973,240

Budget Administration

2,094,214

Office of Children and Youth

30,809,504

Administrative Support Services

27,492,910

Facilities Management

5,606,386

Administrative Appeals

2,012,276

Regulatory Services - Program Direction and Support

673,182

Child Care Licensing

2,859,304

Health Care Facilities Regulation

8,623,498

Fraud and Abuse

6,080,909

Financial Services

5,623,547

Auditing Services

1,805,459

Personnel Administration

1,719,924

Indirect Cost

Public Affairs

516,081

Aging Services

50,686,150

State Health Planning Agency

1,688,895

Total

149,265,479

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

. . . . $757,627 . $1,334,901
$635,431 $244,000 $30,809,504 $33,464,087 . . $67,500 $961,336 $13,913,085 $149,265,479 . $412,600 $93,146,883
State Funds
973,240
2,094,214
22,564,521
26,143,846
4,485,460
2,012,276
663,182
2,859,304
1,960,866
2,275,651
5,423,547
1,805,459 1,719,924
(7,945,954)
516,081
23,986,371
1,608,895
93,146,883
$53,018,646 $74,968,194
$980,169 ... $--0--
$150,672 $1,234,239 $5,167,803
$984,772 $755,461 $8,131,654 $308,000 $3,280,000
$60,000 $653,222

WEDNESDAY, MARCH 16, 1994

2003

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 'otal Funds

District Health Administration

$ 12,002,935

Newborn Follow-up Care

$ 1,193,168

Dental Health

$ 1,433,731

Stroke and Heart Attack Prevention

$ 2,072,017

Sickle Cell, Vision and Hearing High-Risk Pregnant Women and Infants

$ 4,130,386 $ 5,298,173

Sexually Transmitted Diseases

$ 2,207,055

Family Planning

$ 7,910,196

Malnutrition

$ 78,003,523

Grant in Aid to Counties

$ 55,041,918

Children's Medical Services

$ 13,240,800

Emergency Health

$ 2,910,395

Primary Health Care Epidemiology

$ 1,708,630

$

588,638

Immunization

$

958,300

Community Tuberculosis Control

$ 5,707,977

Maternal and Child Health Management Infant and Child Health

$ 1,070,791 $ 1,388,707

Maternal Health - Perinatal

$ 1,930,608

Chronic Disease

$ 1,017,913

Diabetes

$

511,006

Cancer Control

$ 4,310,700

Director's Office

$

853,911

Employees' Health

$

301,635

Health Program Management

$ 1,713,651

Vital Records

$ 1,833,430

Health Services Research

$ 1,248,654

Environmental Health

$ 1,445,620

Laboratory Services Community Care

$ 5,355,679 $ 3,944,655

Community Health Management

$

515,748

Aids Vaccines

$ 7,896,914 $ 11,462,507

......... $672,400 ......... $672,246
$11,815,246 $95,144,925
$34,500 $139,801 ......... $821,135
$258,993,085 ......... $549,718
$138,542,952

State Funds

$ 11,873,260

$

947,639

$ 1,223,556

$ 1,542,017

$ 3,734,084

$ 5,186,173

$

326,612

$ 4,350,608

$

-- 0--

$ 54,185,918

$ 7,758,525

$ 1,853,847

$ 1,580,599

$

449,503

$

-- 0--

$ 5,227,535

$

741,139

$

523,082

$

819,417

$ 1,017,913

$

511,006

$ 4,310,700

$

656,686

$

301,635

$ 1,580,050

$ 1,609,737

$ 1,025,836

$ 1,269,527

$ 5,235,679

$ 1,493,771

$

336,299

$ 4,110,809

$

508,816

2004

JOURNAL OF THE SENATE

Drug and Clinic Supplies Adolescent Health Public Health-Planning Councils Early Intervention Public Health - Division Indirect Cost Total

$ 3,220,025

$ 3,028,375

$

172,330

$ 11,362,384

$

-- 0--

$ 258,993,085

3. Rehabilitation Services Budget: Personal Services ......................... Regular Operating Expenses Travel .................................. Motor Vehicle Purchases .................. Equipment .............................. Real Estate Rentals ...................... Per Diem, Fees and Contracts ............. Computer Charges .......................
Telecommunications Case Services ............................ E.S.R.P. Case Services .................... Special Purpose Contracts Purchase of Services Contracts ............ Institutional Repairs and Maintenance . Utilities ................................. Postage ................................. Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted ....................

Rehabilitation Services Functional Budgets Total Funds

District Field Services

$ 43,323,823

Independent Living

$

581,518

Sheltered Employment

$ 1,711,077

Community Facilities

$ 8,208,236

State Rehabilitation Facilities

$ 7,020,878

Diversified Industries of Georgia

$ 1,017,410

Program Direction and Support

$ 3,707,700

Grants Management

$

701,682

Disability Adjudication

$ 32,188,837

Georgia Factory for the Blind

$ 12,070,947

Roosevelt Warm Springs Institute

$ 22,098,186

Total

$ 132,630,294

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

$ 2,485,942

$ 1,974,275

$

155,178

$ 9,171,297

$ (1,535,718)

$ 138,542,952

. $68,077,629 $11,478,127 $829,018 $63,700
....... $527,225 . $3,947,918 . $7,536,461 $2,313,365
. . . . . $1,522,688 $24,687,235 $27,675 $692,387
. $9,131,679 ....... $148,554 ....... $912,445 ....... $734,188
$132,630,294 $100,000
. $22,407,349

State Funds

$ 8,923,416

$

581,518

$

840,517

$ 3,234,533

$ 1,493,678

$

-- 0--

$ 1,268,731

$

701,682

$

-- 0--

$

861,387

$ 4,501,887

$ 22,407,349

$42,058,297 $3,599,474 ...... $723,173 ........ $--0--
$348,301 $2,618,805 $17,996,733 $23,398,034

WEDNESDAY, MARCH 16, 1994

2005

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

$3,990,060 ...... $1,095,001 . . . . $475,072,728 ....... $4,372,441 .... $175,368,346 .... $17,214,020 ..... $3,437,860 . . . . . $265,125,874
$1,036,419,147 ...... $2,565,582
$396,966,837

Family and Children Services Functional Budgets Total Funds

State Funds

Director's Office

$

392,582 $

392,582

Social Services

$ 4,203,192 $ 3,825,008

Administrative Support

$

5,735,820 $

4,549,535

Quality Assurance

$ 3,747,990 $ 3,747,990

Community Services

$ 11,812,816 $ 1,060,447

Field Management

$ 1,113,164 $ 1,113,164

Human Resources Management

$ 1,956,998 $ 1,775,541

Public Assistance

$ 27,561,625 $ 12,391,277

Child Support Recovery

$ 49,598,729 $ 2,615,249

AFDC Payments

$ 460,160,668 $ 173,526,588

SSI - Supplemental Benefits

$

100 $

100

Refugee Programs

$ 2,799,421 $

-- 0--

Energy Benefits

$ 12,966,539 $

-- 0--

County DFACS Operations - Eligibility

$ 103,504,250 $ 51,601,975

County DFACS Operations - Social Services

$ 83,874,318 $ 31,404,255

Food Stamp Issuance

$ 3,053,351 $

-- 0--

County DFACS Operations - Homemakers Services

7,688,443 $

2,257,516

County DFACS Operations - Joint and Administration

$ 57,893,073 $ 27,083,660

County DFACS Operations - Employability Program

12,165,790

4,589,157

Employability Benefits

26,196,997

10,841,651

Legal Services

2,884,700

2,262,504

Family Foster Care

32,999,018

20,682,619

Institutional Foster Care

8,399,105

6,725,777

Specialized Foster Care

2,198,812

1,920,404

Adoption Supplement

9,538,644

7,256,644

Prevention of Foster Care

10,375,743

3,866,012

Day Care

90,303,653

27,236,623

Outreach - Contracts

152,058

152,058

Special Projects Children's Trust Fund Commission

1,620,548 1,521,000

1,595,766 --0--

2006

JOURNAL OF THE SENATE

Indirect Cost Total

--0-- 1,036,419,147

(7,507,265) 396,966,837

Budget Unit Object Classes: Personal Services.......................................... Regular Operating Expenses Travel ................................................... Motor Vehicle Purchases...................................
Equipment ............................................... Real Estate Rentals ....................................... Per Diem, Fees and Contracts .............................. Computer Charges ........................................ Telecommunications ....................................... Crippled Children's Benefits................................ Kidney Disease Benefits ................................... Cancer Control Benefits ................................... Benefits for Medically Indigent High-Risk Pregnant Women
and Their Infants ....................................... Family Planning Benefits .................................. Case Services ............................................. E.S.R.P. Case Services ..................................... Crippled Children's Clinics ................................. Children's Trust Fund ..................................... Cash Benefits ............................................. 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

$220,643,695 $91,946,045 . . $3,817,727 . $1,390,325 $1,149,547 $12,754,256 $31,458,624 $28,031,072 $6,903,640 $8,131,654
$308,000 $3,280,000
. $60,000 . . $653,222 . $24,687,235 ..... $27,675
. $672,400 $1,095,001 $475,072,728 . . $5,981,074 $206,177,850 $71,625,032 $95,144,925 . $250,554
$912,445 $5,273,185 $13,913,085 . $821,135 $265,125,874

B. Budget Unit: Community Mental Health/Mental Retardation and

Institutions ................................................. $465,950,985

Personal Services............................................... $366,682,923

Regular Operating Expenses

$38,709,341

Travel ........................................................ $316,642

Motor Vehicle Purchases........................................ $698,750

Equipment .................................................... $1,869,029

Computer Charges ............................................. $4,708,791

Real Estate Rentals ............................................ $262,805

Telecommunications ,..........................................: $2,420,742

Per Diem, Fees and Contracts

$9,147,738

Utilities ....................................................... $11,662,611

Institutional Repairs and Maintenance

$1,789,045

Substance Abuse Community Services

$48,767,402

Mental Retardation Community Services

$92,233,493

Mental Health Community Services

$30,569,016

Community Mental Health Center Services

$64,022,592

Special Purpose Contract

$294,118

Total Funds Budgeted .......................................... $674,155,038

Indirect DOAS Services Funding ................................ $2,404,100

State Funds Budgeted .......................................... $465,950,985

WEDNESDAY, MARCH 16, 1994

2007

Community Mental Health/Mental Retardation and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital

$ 48,807,244 $ 28,721,447

Brook Run

$ 32,944,800 $ 14,064,191

Georgia Mental Health Instit;uute

$ 34,569,122 $ 28,717,292

Georgia Regional Hospital at Augusta

$ 25,892,791 $ 21,946,847

Northwest Regional Hospital at Rome

$ 30,594,111 $ 21,594,619

Georgia Regional Hospital at Atlanta

$ 33,221,552 $ 25,784,116

Central State Hospital

$ 146,500,716 $ 88,923,826

Georgia Regional Hospital at Savannah

$ 26,749,729 $ 21,640,558

Gracewood State School and Hospital

$ 50,238,017 $ 25,004,580

West Central Georgia Regionlal Hospital

$ 24,948,549 $ 20,195,462

Outdoor Therapeutic Programn

$ 3,708,584 $ 2,809,466

Mental Health Community AAsssiissttaannce

$ 10,826,103 $ 10,716,686

Mental Retardation Commi lity Assistance

$ 4,104,906 $ 3,100,764

Day Care Centers for Menl lly Retarded

$ 71,287,286 $ 34,968,028

Supportive Living

$ 30,212,332 $ 26,767,915

Georgia State Foster Grand arents/Senior Companion Program

$

745,160 $

745,160

Project Rescue

$

543,800 $

543,800

Drug Abuse Contracts

$ 1,151,348 $ 1,151,348

Community Mental Health Center Services

$ 64,022,592 $ 59,983,400

Project ARC

$

444,351 $

444,351

Metro Drug Abuse Centers

$ 1,537,887 $ 1,342,387

Group Homes for Autistic Chhildren

$

294,701 $

294,701

Project Friendship

$

356,684 $

356,684

Community Mental Retardati;ioon Staff

$ 4,313,255 $ 4,313,255

Community Mental Reta ion Residential Services

$ 14,961,931 $ 14,961,931

Contract with Clayton C ty Board of Education for Autistic ChiIldren

$

95,472 $

95,472

MH/MR/SA Administration

$ 11,082,015 $ 6,762,699

Total

$ 674,155,038 $ 465,950,985

Section 26. Departmen t of Industry, Trade and Tourism. Budget Unit: Departn lent of Industry, Trade and Tourism Personal Services. Regular Operating I Expenses ........... Travel .... Motor Vehicle Purchlases............... Equipment ........ Computer Charges . Real Estate Rentals Telecommunications Per Diem, Fees and Contracts ......... Local Welcome Cent;er Contracts Marketing ......... irity Lease Rentals

$19,316,102 ....... $8,360,275
$1,494,818 $335,000
.......... $32,000 $60,883 $152,440 $947,130
......... $227,000 $690,178 $171,600
$6,479,578 $1,450,000

2008

JOURNAL OF THE SENATE

Waterway Development in Georgia . . . . . Lanier Regional Watershed Commission
Total Funds Budgeted ................ State Funds Budgeted ................

qEA Ann
$50,000 ... $--0-- ... $--0-- $20,500,902 $19,316,102

Department of Industry, Trade and Tourism Functional Budgets

Total Funds

State Funds

Administration

$ 10,561,880 $ 9,732,080

Economic Development

$ 4,259,672 $ 4,114,672

Trade

$

960,298 $

960,298

Tourism

$ 4,719,052 $ 4,509,052

Total

$ 20,500,902 $ 19,316,102

Section 27. Department of Insurance. Budget Unit: Department of Insurance

Regular Operating Expenses ........... Travel .............................. Motor Vehicle Purchases ..............

Computer Charges ................... Real Estate Rentals ..................

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

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

Department of Insurance Functional Budgets Total Funds

Internal Administration

$ 4,379,113

Insurance Regulation

$ 6,299,191

Industrial Loans Regulation

$

435,688

Fire Safety and Mobile Home Regulations Total

$ 4,694,418 $ 15,808,410

$14,648,410 $12,844,345
$713,762 $401,560 . $84,000 $55,750 $447,756 $806,814 . $251,433
. $202,990 $-- 0--
$15,808,410 $14,648,410

State Funds

$ 4,379,113

$ 6,299,191

$

435,688

$ 3,534,418

$ 14,648,410

Section 28. Department of Labor. Budget Unit: Department of Labor ...... Personal Services .................... Regular Operating Expenses Travel ..............................
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 ................

$7,176,250 $66,661,469 $5,609,533 . $1,102,315 ... $--0--
$903,198 $8,302,843 $2,187,517 $1,166,682 $69,792,752 . $3,020,853
$-- 0--
$1,774,079 $1,013,125 $161,534,366 $7,176,250

WEDNESDAY, MARCH 16, 1994

2009

Department of Labor Functional Budgets ?otal Funds

Executive Offices/Administrative Services

27,871,775

Employment and Training Services

133,662,591

Total

161,534,366

Section 29. 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 ..........

Section 30. 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 Audit Contracts ....................................... SFY 1994 Medicaid Benefits, Penalties and Disallowances Total Funds Budgeted ................................. State Funds Budgeted .................................

Medical Assistance Functional Budgets Total Funds

Commissioner's Office Benefits, Penalties and Disallowances Community Services Systems Management Professional Services

i 65,208,944

i 3,203,772,784

i

988,342

i 20,862,673

i

4,429,148

Program Compliance Maternal and Child Health Financial and Hospital Reimbursement Nursing Home Reimbursement Nursing Home and Hospital Policy

i

3,829,948

i

2,024,480

i

1,584,161

i

644,870

i

6,572,288

Total

i 3,309,917,638

B. Budget Unit: Indigent Trust Fund ..........

State Funds $ 5,330,899 $ 1,845,351 $ 7,176,250

$10,320,106 $9,471,091 . $504,005 . $102,540 . . . . $--0--
$26,136 . $342,637 . . . $455,147 . . . $125,317 . . $60,000 . . $140,000 $11,226,873 $10,320,106

$1,154,138,650 $13,726,336 $4,007,985
...... $188,400 $--0--
$74,644 $19,138,965
$885,000 ...... $425,000
$66,926,024 . $3,159,447,455 ....... $772,500
$44,325,329 $3,309,917,638 $1,154,138,650

State Funds

$ 4,375,356

$ 1,135,321,404

$

366,753

$ 5,320,501

$ 2,053,729

$ 1,472,855

$

924,140

$

762,424

$

322,435

$ 3,219,053

$ 1,154,138,650

$139,287,133

2010

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts ........................ Benefits ............................................ Total Funds Budgeted ............................... State Funds Budgeted ...............................

. . $7,557,900 $358,962,316 $366,520,216 $139,287,133

Section 31. 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 ................ Deferred Compensation ..............................
State Funds .......................................

Merit System Functional Budgets Total Funds

Commissioner's Office

$ 2,248,824

Applicant Services

$ 2,431,908

Classification and Compensation

$ 1,212,641

Flexible Benefits

$ 1,207,701

Employee Training and Development

$ 1,346,974

Health Insurance Administration

$ 34,936,484

Health Insurance Claims

$ 943,205,397

Internal Administration

$ 2,974,833

Total

$ 989,564,762

....... $--0--
. . . . $7,880,972 .... $1,772,962
....... $82,440 ....... $32,625 ...... $917,345
$136,502,980 . . . . $3,290,473
$261,965 $838,823,000 . . $989,564,762 ...... $114,920 . . $10,196,375 . $979,105,270 ...... $148,197 ....... $--0--

State Funds

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

Section 32. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources .................... $81,472,047

Operations Budget:

Personal Services................................................ $67,477,298

Regular Operating Expenses

$13,006,165

Travel ............................................................ $477,000

Motor Vehicle Purchases.......................................... $2,016,107

Equipment ...................................................... $2,219,450

Real Estate Rentals .............................................. $2,389,732

Per Diem, Fees and Contracts ..................................... $3,495,791

Computer Charges

$1,066,568

Telecommunications .............................................. $1,143,671

Authority Lease Rentals ............................................ $130,000

Advertising and Promotion

...

$150,000

Cost of Material for Resale ....................................... $2,590,000

Capital Outlay:

New Construction ................................................ $1,077,719

Repairs and Maintenance ......................................... $2,214,111

Land Acquisition Support........................................... $225,000

Wildlife Management Area Land Acquisition ......................... $800,000

WEDNESDAY, MARCH 16, 1994

2011

Shop Stock--Parks ......................................... User Fee Enhancements .................................... Buoy Maintenance Waterfowl Habitat .........................................
Paving at State Parks and Historic Sites Grants:
Land and Water Conservation Georgia Heritage 2000 Grants 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 National War Museum ..................................... Hazardous Waste Trust Fund Solid Waste Trust Fund .................................... Payments to Georgia Agricultural Exposition Authority ........ Payments of Mclntosh County .............................. 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

6,942,710

Parks, Recreation and Historic Sites

39,595,302

Coastal Resources

2,387,205

Game and Fish

32,067,653

Environmental Protection

38,958,986

Pollution Prevention Program

1,984,002

Total

121,935,858

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

. . . . $350,000 $1,300,000 $35,000
..... $--0-- $500,000
. . . . $800,000 $135,000 $500,000
.... $--0-- $106,513 $170,047 $80,000
.... $187,259 . $300,000
..... $--0-- $250,000
$8,918,534 $5,363,868 $2,354,025 . . . . $100,000 ...... $7,000 $121,935,858 ... $887,210 $3,804,148 $3,362,900 $1,415,630 . $200,000 $81,472,047
State Funds
6,942,710
14,242,473
2,270,955
27,709,780
29,363,980
942,149
81,472,047
... $--0-- $1,912,944 $1,598,081 $31,000 $18,000 $85,000 $35,000
.... $--0-- $36,000 $625,000
..... $--0-- $4,341,025
. . $--0--

2012

JOURNAL OF THE SENATE

Functional Budget Total Funds

State Funds

Georgia Agricultural Exposition Authority

$ 4,341,025 $

--0--

Section 33. Department of Public Safety.

A. Budget Unit: Department of Public Safety

$93,109,840

1. Operations Budget:

Personal Services................................................ $56,915,264

Regular Operating Expenses....................................... $7,407,438

Travel ............................................................ $132,617

Motor Vehicle Purchases.......................................... $3,700,000

Equipment ........................................................ $626,325

Computer Charges ............................................... $4,047,061

Real Estate Rentals ................................................. $10,356

Telecommunications ................................................ $593,000

Per Diem, Fees and Contracts ....................................... $387,400

State Patrol Posts Repairs and Maintenance.......................... $150,000

Capital Outlay ...................................................... $25,000

Total Funds Budgeted ........................................... $73,994,461

Indirect DOAS Service Funding ................................... $1,650,000

State Funds Budgeted ........................................... $72,344,461

2. Driver Services Budget:

Personal Services................................................ $16,443,143

Regular Operating Expenses....................................... $1,840,988

Travel ............................................................. $25,800

Motor Vehicle Purchases............................................. $73,500

Equipment ........................................................ $100,000

Computer Charges

....

$45,000

Real Estate Rentals ................................................. $61,058

Telecommunications ................................................ $619,000

Per Diem, Fees and Contracts ....................................... $189,140

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

Conviction Reports ................................................. $290,000

State Patrol Posts Repairs and Maintenance

$30,000

Driver License Processing

$1,047,750

Total Funds Budgeted ........................................... $20,765,379

Indirect DOAS Service Funding

$--0--

State Funds Budgeted ........................................... $20,765,379

Public Safety Functional Budgets Total Funds

State Funds

Administration

$ 20,015,766 $ 18,515,766

Driver Services

$ 20,765,379 $ 20,765,379

Field Operations

$ 53,978,695 $ 53,828,695

Total

$ 94,759,840 $ 93,109,840

B. Budget Unit: Units Attached for Administrative Purposes Only

$14,005,592

1. Attached Units Budget:

Personal Services................................................. $7,203,140

Regular Operating Expenses

$2,586,935

Travel ............................................................. $87,970

Motor Vehicle Purchases............................................. $68,500

Equipment ........................................................ $198,860

Computer Charges ................................................. $235,708

Real Estate Rentals ................................................ $102,114

Telecommunications ................................................ $144,490

Per Diem, Fees and Contracts

$646,987

WEDNESDAY, MARCH 16, 1994

2013

Peace Officers Training Grants Capital Outlay ................... Total Funds Budgeted State Funds Budgeted 2. Office of Highway Safety Budget: Personal Services Regular Operating Expenses Travel .......................... Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals .............. Telecommunications Per Diem, Fees and Contracts Highway Safety Grants ........... Total Funds Budgeted State Funds Budgeted ............

Attached Units Functional Budgets Total Funds

Office of Highway Safety

3,357,518

Georgia Peace Officers Standards and Training
Police Academy
Fire Academy

5,499,306 1,057,938 1,158,915

Georgia Firefighters Standards and Training Council
Georgia Public Safety Training Facility

466,052 6,610,863

Total

18,150,592

Section 34. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System Payments to Employees Retirement System Employer Contributions .............................. Total Funds Budgeted ................................ State Funds Budgeted ................................

Section 35. Public Service Commission. Budget Unit: Public Service 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 ................................

Public Service Commission Functional Budgets Total Funds

Administration

$ 1,693,672

Transportation

$ 3,546,951

. . $3,518,370 . . . . . $--0-- . $14,793,074
$13,698,074
. . . . $429,531 . . . . . $28,450 ...... $9,828 . . . . . $--0-- ...... $3,168 ... $37,080 . . . . . $78,161 ...... $3,800 ...... $7,500
$2,760,000 . . $3,357,518 . . $307,518

State Funds

$

307,518

$ 5,499,306

$

992,938

$ 1,058,915

$

466,052

$ 5,680,863

$ 14,005,592

$9,640,000 $490,000
$9,150,000 $9,640,000 . . $9,640,000

. $8,382,229 $6,773,916
.... $390,285 . $256,756
$216,200 ... $36,174
$408,660 .... $348,489 ... $114,754 . $1,688,000
$10,233,234 . . $8,382,229
State Funds
1,693,672
1,871,826

2014

JOURNAL OF THE SENATE

Utilities Total

4,992,611 10,233,234

Section 36. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ........................
Personal Services: Educ., Gen., and Dept. Svcs. Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs. Sponsored Operations ................................... Special Funding Initiative................................ Office of Minority Business Enterprise .................... Special Desegregation Programs .......................... Forestry Research ....................................... Research Consortium .................................... Capital Outlay ......................................... Total Funds Budgeted ................................... Departmental Income.................................... Sponsored Income ....................................... Other Funds ............................................ Indirect DOAS Services Funding ......................... State Funds Budgeted ...................................

B. Budget Unit: Regents Central Office and Other Organized Activities .........................................
Personal Services: Educ., Gen., and Dept. Svcs. Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs. Sponsored Operations Fire Ant and Environmental Toxicology Research .......... Agricultural Research.................................... Advanced Technology Development Center Capitation Contracts for Family Practice Residency Residency Capitation Grants Student Preceptorships .................................. Mercer Medical School Grant ............................ Morehouse School of Medicine Grant ..................... Capital Outlay Center for Rehabilitation Technology SREB Payments ........................................ Medical Scholarships Regents Opportunity Grants Regents Scholarships .................................... Rental Payments to Georgia Military College CRT Inc. Contract at Georgia Tech Research Institute Direct Payments to the Georgia Public Telecommunications Commission for Operations Total Funds Budgeted ................................... Departmental Income..................................... Sponsored Income Other Funds ............................................ Indirect DOAS Services Funding ......................... State Funds Budgeted

4,816,731
8,382,229
$991,109,445
. $1,062,872,775 $140,000,000
$255,384,706 $150,000,000 . $10,688,094
$308,856 ...... $338,725 ...... $319,747 . . . . $4,347,000
$250,000 $1,624,509,903
$40,000,000 $290,000,000 . $300,373,158 . . . . $3,027,300 $991,109,445
$155,269,081
. . $245,195,570 $68,262,264
$124,691,717 . $38,852,768 ...... $--0--
$1,991,867 . $1,890,857 . , , . $2,937,583 . . . . $2,484,870
$146,400 $6,244,350 $5,141,300
$332,090 $2,189,510 $5,960,000 $1,248,086
$600,000 $200,000 ...... $821,295 $212,983
. . . . $8,078,773 $517,482,283
...... $--0-- $106,039,476 $255,618,026 $555,700 $155,269,081

WEDNESDAY, MARCH 16, 1994

2015

Regents Central Office and Other Organized Activities

Functional Budgets Total Funds

Marine Resources Extension Center

$

1,812,259 S1i

Skidaway Institute of Oceanography

$ 3,791,776 S!

Marine Institute

$

1,317,167 3i

Georgia Tech Research Institute

$ 127,199,259 $i

Education Extension Services

$ 8,463,549 31

Agricultural Experiment Station

$ 52,846,849 3i

Cooperative Extension Service

$ 45,079,061 3

Medical College of Georgia Hospital and Clinics

$ 225,427,808 3i

Veterinary Medicine Experiment Station

$ 2,602,078 35

Veterinary Medicine Teaching Hospital

$ 2,644,592 3i

Joint Board of Family Practice

$ 22,395,342 5>

Georgia Radiation Therapy Center

$ 2,719,756 3i

Athens and Tifton Veterinary Laboratories

$ 2,947,130 3i

Regents Central Office

$ 17,935,657 3i

Office of Technology Policy

$

300,000 3>

Total

$ 517,482,283 3>

State Funds 1,275,471 1,460,887 916,444 12,846,183 2,437,349 34,548,196 27,620,704
30,449,184 2,602,078
493,303 22,395,342
-- 0-- 90,098 17,833,842 300,000 155,269,081

C. Budget Unit: Georgia Public Telecommunications Commission Personal Services ............................ Operating Expenses ......................... Total Funds Budgeted ....................... Other Funds ................................ State Funds Budgeted

....... $--0-- $7,098,276 $9,478,750
. . $16,577,026 . $16,577,026
....... $--0--

D. Budget Unit: Lottery for Education .......... Equipment, Technology and Construction Trust Fund ... Capital Outlay--GPTV ...................... Georgia Research Alliance .................... Capital Outlay-Georgia State University ....... Per Diem, Fees and Contracts ................ Total Funds Budgeted ....................... Lottery Funds Budgeted

$33,925,000 . $15,000,000
$2,000,000 $14,875,000 . . . . $2,000,000 ....... $50,000 $33,925,000 $33,925,000

Section 37. Department of Revenue. Budget Unit: Department of Revenue ........... Personal Services ............................ Regular Operating Expenses .................. Travel ..................................... Motor Vehicle Purchases ..................... Equipment ................................. Computer Charges .......................... Real Estate Rentals ......................... Telecommunications ......................... Per Diem, Fees and Contracts ................ County Tax Officials/Retirement and FICA . Grants to Counties/Appraisal Staff ........... Motor Vehicle Tags and Decals ............... Postage ....................................

$86,628,745 $55,033,453 $4,596,395 $1,380,174
$246,000 $800,122 $14,637,576 . $2,832,804 $1,114,537 ...... $558,524 . $3,369,000 ... $--0-- $3,245,955 . $3,496,176

2016

JOURNAL OF THE SENATE

Total Funds Budgeted............... Indirect DOAS Services Funding . State Funds Budgeted ...............

Department of Revenue Functional Budgets Total Funds

Departmental Administration

$ 6,654,475

Internal Administration Electronic Data Processing Field Services

$ 11,410,194 $ 8,936,662 $ 17,946,427

Income Tax Unit Motor Vehicle Unit Central Audit Unit

$ 7,381,105 $ 19,185,798 $ 7,127,628

Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Total

$ 4,321,023

$ 4,052,863

$

46,000

$ 4,248,541

$ 91,310,716

Section 38. 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

$ 3,390,158

Archives and Records

$ 4,481,050

Business Services and Regulation

$ 4,837,064

Elections and Campaign Disclosure

$ 3,474,652

Drugs and Narcotics

$ 1,048,300

State Ethics Commission

$

372,291

State Examining Boards

$ 9,767,964

Total

$ 27,371,479

B. Budget Unit. Real Estate Commission Personal Services Regular Operating Expenses .................. Travel ..................................... Motor Vehicle Purchases Equipment ................................. Computer Charges ..........................

...... $91,310,716 $3,845,000
...... $86,628,745

State Funds

$ 6,654,475

$ 11,210,194

$ 8,121,462

$ 17,646,427

$ 6,681,105

$ 17,885,798

$ 7,127,628

$ 3,284,052

$ 3,723,063

$

46,000

$ 4,248,541

$ 86,628,745

$26,326,479 .... $16,173,573 . . . . . $3,692,497 ....... $230,350
$111,000 ....... $243,162 . . . . . $2,030,588
$2,484,990 $368,304
$1,337,015 ....... $700,000 . . . . $27,371,479
$26,326,479

State Funds

$ 3,360,158

$ 4,406,050

$ 4,121,064

$ 3,454,652

$

994,300

$

372,291

$ 9,617,964

$ 26,326,479

$1,949,825 $1,136,025
$155,100 $16,000 $23,000 $8,000 $350,000

WEDNESDAY, MARCH 16, 1994

2017

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 1,949,825

$113,700 $30,000 . $118,000 $1,949,825 $1,949,825
Cost of Operations
1,989,825

Section 39. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission Personal Services. ............................................ Regular Operating Expenses................................... Travel ...................................................... Motor Vehicle Purchases...................................... Equipment .................................................. Computer Charges ........................................... Real Estate Rentals .......................................... Telecommunications .......................................... Per Diem, Fees and Contracts ................................. County Conservation Grants .................................. Total Funds Budgeted ........................................ State Funds Budgeted ........................................

. $1,926,187 . $1,015,079
$233,414 . . . . . $40,520
... $24,000 .... $12,115 ...... $7,500
$78,865 . $22,000 . . . . $631,350 . . . . $424,000
$2,488,843 $1,926,187

Section 40. Student Finance Commission. A. Budget Unit: Student Finance Commission .....................
Personal Services............................................. Regular Operating Expenses Travel ...................................................... Motor Vehicle Purchases...................................... Equipment .................................................. Computer Charges Real Estate Rentals .......................................... Telecommunications ......................................... Per Diem, Fees and Contracts Payment of Interest and Fees ................................. Guaranteed Educational Loans ................................ Tuition Equalization Grants................................... Student Incentive Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants .......................... Osteopathic Medical Loans.................................... Georgia Military Scholarship Grants ........................... Paul Douglas Teacher Scholarship Loans Total Funds Budgeted ........................................
State Funds Budgeted

$27,272,133
. $4,797,815 $399,051
. . . . . $81,800 . . . . . $--0--
$16,000 $371,000 . . . . . $24,763 $142,000 . . . . . $42,757 .... $--0--
$4,076,000 $18,840,166
$5,003,940 $38,000 $75,000 $160,000 $593,600 $425,000
$35,086,892 . $27,272,133

Georgia Student Finance Commission Functional Budgets Total Funds

Internal Administration Higher Education Assistance Corporation

$ 5,342,017

$

--0--

State Funds --0--

Georgia Student Finance Authority

$ 29,211,706

26,738,964

Georgia Nonpublic Postsecondary Education Commission

533,169 $

533,169

2018

JOURNAL OF THE SENATE

Total

$ 35,086,892 $ 27,272,133

B. Budget Unit: Lottery for Education ........................ ...... $85,697,875

Hope Financial Aid--Tuition ............................... ..... $48,994,747

Hope Financial Aid--Books ................................ ...... $20,143,424

Hope Financial Aid--Fees .................................

$4,656,704

Tuition Equalization Grants .....

$11,563,000

Georgia Military College Scholarships

$240,000

LEPD Scholarship ........................................ ......... $100,000

Total Funds Budgeted ..................................... ... $85,697,875

Lottery Funds Budgeted ................................... ...... $85,697,875

Section 41. Teachers' Retirement System.

Budget Unit: Teachers' Retirement System .................... ....... $3,925,000

Personal Services .......................................... .... $3,668,086

Regular Operating Expenses ................................ ......... $365,250

Travel ................................................... .......... $30,000

Motor Vehicle Purchases ................................... .......... $--0--

.......... $24,150

Computer Charges ........................................ ......... $967,136

Real Estate Rentals ....................................... ......... $469,750

Telecommunications ....................................... .......... $68,893

Per Diem, Fees and Contracts .............................. ......... $376,000

....... $3,400,000

Floor Fund for Local Retirement Systems ................... ... $525,000

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

$9,894,265

State Funds Budgeted ..................................... ....... $3,925,000

Section 42. Department of Technical and Adult Education.

A. Budget Unit: Department of Technical and Adult Education

$144,432,715

Personal Services .......................................... ....... $3,731,235

Regular Operating Expenses ................................ ......... $371,335

Travel ...................................................

$110,500

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

Equipment ............................................... .......... $15,000

Computer Charges ........................................

$406,730

Real Estate Rentals ....................................... ......... $334,490

Telecommunications ....................................... ......... $158,000

......... $704,000

Personal Services-Institutions .............................. ...... $99,797,501

Operating Expenses-Institutions ............................

$19,869,284

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

Quick Start Program ......................................

$6,518,990

...... $25,012,445

Regents Program .......................................... ....... $2,758,900

...... $15,311,383

Total Funds Budgeted ..................................... . . . . . $175,099,793

State Funds Budgeted ..................................... . $144,432,715

Administration Institutional Programs Total

Functional Budgets
$ $ $

Total Funds 5,831,290
169,268,503 175,099,793

State Funds $ 4,023,495 $ 140,409,220 $ 144,432,715

B. Budget Unit: Lottery for Education .......................

$22,550,423

Computer Laboratories and Satellite Dishes--Adult Literacy ....... $1,000,000

WEDNESDAY, MARCH 16, 1994

2019

Capital Outlay--Technical Institute Satellite Facilities.............. $19,147,673 Equipment-Technical Institutes ................................... $2,402,750 Total Funds Budgeted ........................................... $22,550,423 Lottery Funds Budgeted ......................................... $22,550,423

Section 43. Department of Transportation. Budget Unit: Department of Transportation ........................ $450,915,497 Personal Services............................................... $244,633,944 Regular Operating Expenses...................................... $55,888,851 Travel .......................................................... $1,494,910 Motor Vehicle Purchases.......................................... $1,522,000 Equipment ...................................................... $5,757,602 Computer Charges ............................................... $6,077,860 Real Estate Rentals .............................................. $1,334,773 Telecommunications .............................................. $2,503,900 Per Diem, Fees and Contracts .................................... $47,534,677 Capital Outlay ................................................. $628,498,885 Capital Outlay--Airport Approach Aid and Operational Improvements ................................................. $1,024,100 Capital Outlay--Airport Development.............................. $1,167,500 Mass Transit Grants ............................................. $9,463,781 Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations .................................................. $680,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction .................................................... $--0-- Total Funds Budgeted ......................................... $1,007,582,783 State Funds Budgeted .......................................... $450,915,497

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction

$ 759,892,740 $ 224,366,211

Maintenance and Betterments

$ 196,819,300 $ 185,619,300

Facilities and Equipment

$ 12,062,562 $ 11,512,562

Administration

$ 23,126,927 $ 22,501,927

Total

$ 991,901,529 $ 444,000,000

General Funds Budget

Total Funds

State Funds

Paving at State and Local Schools and State

Institutions

$

--0-- $

--0--

Air Transportation

$ 1,403,525 $ 1,016,525

Inter-Modal Transfer Facilities

$ 13,597,729 $ 5,218,972

Harbor/Intra-Coastal Waterways Activities

$

680,000 $

680,000

Total

$ 15,681,254 $ 6,915,497

Section 44. Department of Veterans Service. Budget Unit: Department of Veterans Service Personal Services......................... Regular Operating Expenses............... Travel .................................. Motor Vehicle Purchases.................. Equipment .............................. Computer Charges ....................... Real Estate Rentals ...................... Telecommunications ...................... Per Diem, Fees and Contracts .............

$23,661,066 $4,769,335
$115,123 . . . . $74,200 . . . . $--0--
$183,700 . . . . $11,753
$238,641 . . . . $57,883 . . . . $23,500

2020

JOURNAL OF THE SENATE

Operating Expense/Payments to Central State Hospital...... Operating Expense/Payments to Medical College of Georgia Regular Operating Expenses for Projects and Insurance Total Funds Budgeted .................................... State Funds Budgeted ....................................

Veterans Service Functional Budgets Total Funds

Veterans Assistance

$ 5,394,735

Veterans Home and Nursing Facility--Milledgeville

$ 17,723,246

Veterans Nursing Home--Augusta

$ 7,039,576

Total

$ 30,157,557

. $17,386,621 $6,970,976 $325,825 $30,157,557 $23,661,066
State Funds $ 5,124,126
$ 13,422,776 $ 5,114,164 $ 23,661,066

Section 45. Workers' Compensation Board.

Budget Unit: Workers' Compensation Board

$10,142,885

Personal Services.............................................. . . $7,368,707

Regular Operating Expenses

$310,549

Travel ....................................................... ... $58,000 Motor Vehicle Purchases....................................... ..... $--0--

Equipment ................................................... . . . . . $19,250

Computer Charges ............................................

$450,000

Real Estate Rentals ........................................... $1,013,996

Telecommunications ...........................................

$109,040

Per Diem, Fees and Contracts .................................. . . . . $255,000

Payments to State Treasury.................................... .... $748,343

Total Funds Budgeted ......................................... $10,332,885

State Funds Budgeted ......................................... $10,142,885

Section 46. State of Georgia General Obligation Debt Sinking Fund.

A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund

State General Funds (Issued)

$305,000,933

Motor Fuel Tax Funds (Issued)

$61,000,000

$366,000,933

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund

State General Funds (New) .................................. Motor Fuel Tax Funds (New) ................................

$38,007,405 $--0--

$38,007,405

Section 47. Provisions Relative to Section 1, General Assembly. It is the intent of the General Assembly that the funds for the Budget Responsibility Oversight Commission (BROC) be used for the initial starring of BROC. It is the further intent that BROC will meet during 1994 and decide the administrative structure of staff and placement in the General Assembly.

Section 48. 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 49. 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.

WEDNESDAY, MARCH 16, 1994

2021

Section 50. 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 51. 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 52. 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 53. 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 54. Provisions Relative to Section 12, 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.
It is the intent of the General Assembly with reference to the development of a commu nications system for the state of Georgia the following criteria shall apply: 1.) The Office of Information Technology shall be responsible for evaluation of all options for a new state radio system; 2.) Reports relating to evaluation of system shall be made to the Fiscal Affairs Sub-Committee not later than September 15, 1994 with possible extension of 60 days if not completed; 3.) Selected option shall be competitively bid; 4.) Office of Information Technol ogy shall be responsible for the development of requests for proposals relating to the various components of the communications system project; 5.) All proposals for the construction of a State System to be considered must meet standards set forth by the American Public Communications Organization.
Section 55. Provisions Relative to Section 14, 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.
It is the intent of this General Assembly that the Department of Agriculture determine the feasibility of relocating the MLK laboratories.
Section 56. Provisions Relative to Section 17, 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

2022

JOURNAL OF THE SENATE

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

Purpose

Amount

City of Port Wentworth
Mitchell County Cobb County Board
of Education City of Glenville Brantley County Bacon County City of Swainsboro City of Quitman City of Thomaston Floyd County City of Lagrange Liberty County City of Auburn City of Macon Wayne County City of Odum City of Buford Americus City Board
of Education City of Stone
Mountain City of Guyton Turner County Columbus/Muscogee
County Columbus/Muscogee
County Columbus/Muscogee
County Rabun County Rabun County White County Cobb County Lanier County Board
of Education City of Augusta Wayne County City of Canon City of Menlo Georgia Building
Authority Chatham County City of Atlanta
Houston County
City of Clarkston City of Stapleton

Repairs to Firehouse

$ 25,000

Contract for Economic Growth Study

7,000

Construction of Physical Education Facility

50,000

Expansion of Continuing Education Facility

25,000

Courthouse Renovations

22,000

Courthouse Renovations

25,000

Historic District Renovations

25,000

Historical Library Facility Renovation

25,000

Preservation of Robert E. Lee Institute

25,000

Modifications to Sarah Hightower Regional Library

15,000

Renovation of Alpha Multi-Purpose Center

40,000

Historic Trail Preservation

15,000

Construction of Recreational Facility

15,000

Program for Youth Athletics

10,000

Purchase of Rescue Unit

10,000

Water and Sewer System Improvements

15,000

Construction of Utility Line

50,000

Planning for School Merger

25,000

Operations of Commission on Holocaust

10,000

Purchase of Vehicle

13,300

Construction of Recreational Facility

10,000

Operation of Two Thousand Opportunities Inc.

50,000

Operation of Lindsey Creek Community Center

3,000

Operation of Combined Communities of Southeast Co

lumbus

25,000

Construction of Public Safety Facility

50,000

Renovation of Headstart Facility

15,000

Robertstown Water System Construction

25,000

Preservation of Historical William Root House

25,000

Renovation of Education Facility

40,000

Renovation of Historic Ezekiel Harris Home

50,000

Operations of Motherhood and Beyond Project

15,000

Water System Repairs

20,000

Water System Improvements

20,000

Capitol Preservation

50,000

Planning for the Maritime Trade Center

550,000

Public Access and Teacher Education Program at Clark

Atlanta University

250,000

Expansion and Operation of Aviation Museum and Hall

of Fame

913,000

Community Development Center Operations

30,000

Renovations to Volunteer Fire Department Facility

10,000

WEDNESDAY, MARCH 16, 1994

2023

Columbia County City of Rome Columbia County
Board of Education City of Pearson Harris County Talbot County Liberty County City of Darien City of Marshallville Burke County Screven County Screven County City of Macon
Glynn County Dougherty County Crawford County City of Scotdale Richmond County
Board of Education Richmond County
Board of Education Terrell County City of Rockmart City of Decatur
City of Perry Athens/Clark County Union County Coffee County
Puluski County Worth County Wilkinson County
Board of Education Mitchell County Decatur County
Board of Education Floyd County Board
of Education City of Baxley Union County Board
of Education

Volunteer Fire Department Operations Camp Good Times Operation Renovations to Evans Middle School
Renovations to City Hall Purchase of Sanitation Truck Preservation of Historic Records National Guard Operation Purchase of Sanitation Truck Preservation of Historic District Operation of Boggs Rural Life Center Repairs to Livestock Facility Repairs to Fire Station Operation of Booker T. Washington Community Center
Youth Programs Parent and Child Development Inc. Operations Purchase of Automated Fingerprint Information System Land Preparation for Industrial Park Scotdale Youth Development Program Operations Renovations to Davidson Fine Arts Magnet School
Renovations to A.R. Johnson Magnet School
Roof Repairs to Terrell County Library Senior Citizen Center Operations Contract for Services from Georgia School-Age Care As
sociation Operation of Genesis House Operation of Safe Campus Now Program Construction of Senior .Citizen House Operations of Highway 441 Economic Development Coa
lition Purchase of Equipment for Courthouse Construction on Livestock Pavilion Construction to High School
Improvements to Industrial Park Construction of Physical Education Facility
Purchase of Equipment for Model High School
Planning for Continuing Education Facility Purchase of Equipment

10,000 15,000
10,000 40,000 40,000 10,000 10,000 40,000
5,000 50,000 5,000 10,000
10,000 10,000 194,400 90,000 20,000
75,000
40,000 100,000 40,000
75,000 20,000 30,000 100,000
25,000 25,000 10,000
25,000 25,000
25,000
25,000 25,000
48,190

Section 57. Provisions Relative to Section 18, 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 utilize $180,000 of existing funds for the purchase of Waycross Diversion Center.

Section 58. Provisions Relative to Section 20, State Board of Education-Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,689.75. In addition, all local school system allotments for Quality Basic Edu cation shall be made in accordance with funds appropriated by this Act.

2024

JOURNAL OF THE SENATE

From the Appropriations in Section 20, 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 1995.
From the Appropriations in Section 20, funds in the amount of up to $452,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Edu cation. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruc tion in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SFY 1995 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 1995 that it contributed during SFY 1994.
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

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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 kindergarten, first and second grade programs in schools which had pilot kindergar ten programs in Fiscal Year 1993.

Provided, that the above amount of Lottery funds appropriated for Next Generation School Grants shall be used for the purchase of equipment, computer hardware and com puter software only.

Section 59. Provisions Relative to Section 22, 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 60. Provisions Relative to Section 24, Officer of the Governor. The Governor's Office of Planning and Budget shall give prior approval for all publications, other than De partmental internal forms.

Section 61. Provisions Relative to Section 25, 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 1995 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:

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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 providers for children placed by the department.
Child day care as provided by the federal Child Care Bill.
Provided, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible individuals with mental retardation to be served in the least restrictive community setting possible in lieu of a state mental retardation hospital and that existing funds appropriated herein for mental retardation hospitals be utilized in serving any mental retardation client who is moved from a state mental retardation hospital to a community setting.
Provided, the department is authorized to transfer Personal Services surpluses, not to exceed $275,000 at each of the MH/MR/SA institutions to insure sufficient funding for agency contracted nursing services. Such transfers shall not require prior budgetary approval.
In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional federal VR110 funds for capital outlay projects at Roosevelt Warm Springs Institute for Rehabilitation for use by handicapped citizens. Necessary matching funds will be provided within existing budget and with donated funds.
It is the intent of the General Assembly that, in the event the Department receives additional federal funding for childhood immunizations, over and above its usual direct as sistance allocation, the Department is authorized to expend these new funds on implement ing a program of additional vaccine purchase to increase immunization rates, provided the level of such new funds is adequate to implement this action statewide, by making such vaccines available without charge to physicians licensed under Title 43, Chapter 34, and who agree not to impose a charge for such vaccine on the child recipient, the child's parent, or any other person or party. The Department also is authorized to expend a portion of any such new federal funds for the administration and implementation of this program.
The Department of Human Resources is authorized to use existing funds to provide partial funding to contract 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 33 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.
The Department of Human Resources is directed 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 compre hensive Hemophilia Treatment Centers utilizing the agency's nurses and social workers and with no charge to the uninsured clients.
Provided, that of the above appropriation for psychotropic drugs, these funds may be transferred among the MH/MR/SA institution and community programs as needed for the benefit of clients who receive these drugs. Such transfers shall not require prior budgetary approval.

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It is the intent of the General Assembly that no funds appropriated to the Department which may be used to contract with Planned Parenthood of Atlanta shall be used in pro grams where abortion is a method of family planning. In addition, no funds appropriated to the Department which may be used for contracting with Planned Parenthood of Atlanta shall be used to pay dues to a national organization.
Provided, that of the above appropriation relative to Community Mental Health, Mental Retardation, Substance Abuse and Institutions, Haralson County is authorized to begin a pilot program for the operation of community mental health services through the Haralson County Board of Health.
It is the intent of the General Assembly that all current and future relocations of De partment of Family and Children Services offices require competitive bids in selection of relocation sites.
Section 62. Provisions Relative to Section 29, Law Department. Provided, the depart ment is authorized to use other funds for the use of upgrading computer systems.
Section 63. Provisions Relative to Section 30, 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.
The Department of Medical Assistance is directed to impose the use of recipient copayments in accordance with federal guidelines in the following program areas: hospital-inpatient and outpatient, physicians, home health, rural health, nurse practitioners, drugs, nonemergency transportation, durable medical equipment, optometric, orthotics/prosthetics, ambulatory surgical centers, podiatry and physician's assistant.
The department is authorized to extend medical coverage to eligible nineteen and twenty years olds in foster care.
It is the intent of the General Assembly that the Board of Medical Assistance establish a policy for setting the date to be used in determining the applicable Data Resources, Inc. rate to be used in setting the reimbursement rate for hospitals, nursing facilities and home health agencies.
Section 64. Provisions Relative to Section 31, 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 1995 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 1995 shall not exceed 8.66%.
Section 65. Provisions Relative to Section 32, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 32 (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 32.

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Provided that the funds appropriated herein for Historic Preservation Technical Assis tance be distributed among qualified agencies for professional regional preservation plan ning services.
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 66. Provisions Relative to Section 33, 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 67. Provisions Relative to Section 36, 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, $3,750,000 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, $15,000,000 is appropriated to establish an Equipment, Technology and Construction Trust Fund. Additionally, $14,950,000 shall be used to match public and private grants to public colleges and universities. Provided, how ever that the Board of Regents may use the funds generated by all the system institutions to satisfy the match requirement. The Board of Regents shall allocate $3,000,000 for educa tional and agricultural purposes to activities that comprise Budget Unit "B"--Regents Cen tral Office and Other Organized Activities.
It is the intent of this General Assembly that the Georgia Center for Advanced Tele communications Technology encourage and support private funding and construction of a facility that can be used by the Center for research and development of advanced telecom munications technologies, telecommunications related education, technical assistance to business and government and the transfer of technology to industry. It is the intent of this General Assembly to recommend to future sessions of the General Assembly that the facility to house the Center's activities be leased by the Board of Regents for approximately $1,950,000 annually beginning in Fiscal Year 1996.
Section 68. Provisions Relative to Section 38, 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 69. Provisions Relative to Section 39, Soil and Water Conservation Commis sion. It is the intent of this General Assembly that no Soil Technician position be filled upon the termination of an incumbent.
Section 70. Provisions Relative to Section 42, Department of Technical and Adult Ed ucation. None of the State funds appropriated in Section 42 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.

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Provided, the department is directed to conduct a study to determine the feasibility of establishing a Construction Trade program in Appling County.
It is the intent of the General Assembly that the Moultrie Tech satellite facility in Tift County be located on the campus of Abraham Baldwin Agriculture College.
Section 71. Provisions Relative to Section 43, 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 43 of this Bill, in the event such collections, less refunds, rebates and collections 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 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 $505,000,000 of the motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assistance 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.

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The Department is authorized to use federal funds to match bond proceeds to acquire, appraise, rehabilitate and evaluate additional railroad lines.
It is the intent of the General Assembly that the Department of Transportation design Highway 441 in Rabun County without limited access and without a divided median.
Section 72. In addition to all other appropriations for the State fiscal year ending June 30, 1995, 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 $9,812,000 for the purpose of providing operating funds for the Chil dren's Trust Fund ($1,521,000 Budget Unit "A"), for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/mental retardation institutions ($8,171,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Em ployment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 73. 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 74. 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 75. 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

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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 76. 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 77. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 78. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 79. 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 80. (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 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

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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 81. 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 82. 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 83. Provisions Relative to Section 46 State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriations in Section 46 to the "State of Geor gia General Obligation Debt Sinking Fund" for authorizing new debt, the maximum maturi ties, user agencies and user authorities, purposes, maximum principal amounts and particu lar appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)", $2,551,920 is specifi cally appropriated for the purpose of financing George L. Smith II Georgia World Congress Center facilities for the Department of Industry and Trade, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, waters, prop erty, highways, buildings, structures, equipment or facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $27,440,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $501,270 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 $5,390,000 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 appropriations designated "State General Funds (New)", $89,280 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 $960,000 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)", $1,386,000 is specifi cally appropriated for the purpose of financing educational facilities for county and inde pendent school systems through the State Board of Education, by means of the acquisition,

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construction, development, extension, enlargement, or improvement of land, waters, prop erty, highways, buildings, structures, equipment or facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $123,225 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 $1,325,000 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)", $644,025 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 $6,925,000 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)", $3,302,430 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 $35,510,000 in principal amount of General Obliga tion 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)", $231,000 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 $1,000,000 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)", $1,036,950 is specifi cally appropriated for the purpose of financing projects for the Department of Natural 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 $11,150,000 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)", $2,325,000 is specifi cally appropriated for the purpose of financing projects for the Department of Natural 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 $25,000,000 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)", $710,325 is specifi cally appropriated for the purpose of financing projects for the Board of Regents of the

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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 $3,075,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriations designated "State General Funds (New)", $17,298,000 is spe cifically appropriated for the purpose of financing projects for the Department of Transpor tation, 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 $186,000,000 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)", $627,750 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 $6,750,000 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)", $106,950 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 $1,150,000 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)", $532,425 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 $5,725,000 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)", $143,220 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 $620,000 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)", $102,795 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 $445,000 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)", $401,940 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

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more than $1,740,000 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)", $229,845 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 $995,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $397,320 is specifi cally appropriated for the purpose of financing projects for the Department of Agriculture, 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 $1,720,000 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)", $207,900 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 $900,000 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)", $1,185,750 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 $12,750,000 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)", $344,100 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 $3,700,000 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)", $604,500 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 $6,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,069,530 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 $4,630,000 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)", $223,200 is specifi cally appropriated for the purpose of financing projects for the Department of Corrections

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by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,400,000 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)", $96,255 is specifically appropriated for the purpose of financing projects for the Department of Industry, Trade and Tourism by means of the acquisition, construction, development, extension, 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 $1,035,000 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)", $837,000 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 $9,000,000 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)", $697,500 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Authority (Penal) 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 $7,500,000 in principal amount of General Obligation Debt, the in struments of which shall have maturities not in excess of two hundred and forty months.
Section 84. Salary Adjustments. The General Assembly has distributed to and in cluded in the agency appropriations listed hereinbefore State funds for the purposes de scribed herein: 1.) To provide a cost-of-living increase of 4% for employees of the Judicial, Legislative and Executive branches to be awarded on each employee's anniversary date. In creases are contingent on an employee's performance rating of satisfactory or better. 2.) To provide for a 4% increase for each state official whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4, effective July 1, 1994. Members of the General Assembly shall receive a 2% cost-of-living salary increase, effective July 1, 1994. 3.) To provide for a 5% increase in state base salary on the teacher salary for the State Board of Education and the Board of Technical and Adult Education, effective September 1, 1994 and provide a 4% increase for school bus drivers and lunchroom workers effective July 1, 1994. 4.) To provide a 5% funding level for merit increases for Regents faculty and support personnel to be awarded on July 1, 1994 for non-academic personnel and on September 1, 1994 for academic personnel. 5.) To reassign the following job classes by one paygrade and provide a one-step increase to incumbents of all positions in these classes: Special Agent, Senior Agent, Princi pal Agent, Assistant Agent-in-Charge, Special Agent-in-charge, Inspector, Assistant Deputy Director, Trooper Cadet, Trooper, Trooper First Class, Corporal, Sergeant, Lieutenant, Cap tain, Sergeant First Class (Post Commander), Sergeant (Assistant Post Commander), Con servation Ranger Cadet, Conservation Ranger, Conservation Ranger First Class, Conserva tion Corporal, Conservation Sergeant, Conservation Captain, Revenue Enforcement Officer, Revenue Corporal, Revenue Sergeant, Revenue Lieutenant, Revenue Captain. 6.) To in crease the monthly supplement earned by Squad Leaders, Assistant Squad Leaders and members of the Department of Corrections Tactical Squads by $30. 7.) To reassign all clas ses in the Registered Nurse series by two paygrades and all classes in the Licensed Practical Nurse series by one paygrade and provide a one-step increase to incumbents of all positions in these classes. 8.) To increase Personal Services funding in the Department of Law to provide for performance-based salary upgrades. 9.) To provide for a 4% salary increase for

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personnel appointed pursuant to Chapter 18 of Title 15 of the Official Code of Georgia relating to district attorneys, effective July 1, 1994.
Section 85. Total State Fund Appropriations
State Fiscal Year 1995 ............................................ $9,785,260,431
Section 86. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 87. 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 1375.
On the motion, 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 Clay Coleman Dean Edge Egan

Farrow Gillis Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Marable Middleton Newbill Parrish

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

Those voting in the negative were Senators:

Balfour Crotts Day

Glanton Gochenour Guhl

Langford of 29th McGuire

Those not voting were Senators:

Alien

Madden

Langford of 35th (excused) Oliver

Robinson (presiding) Thompson

On the motion, the yeas were 42, nays 8; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1375.
The following Senators filed the following statements with the Secretary regarding HB 1375:
The State Senate Atlanta, Georgia 30334
Mr. Secretary,
Please make sure that the journal reflects that during the vote on the Conference Com mittee report on the F.Y.95 Budget, the Senator from the 33rd was in a meeting with the chairman of House Rules concerning Senate Resolution 206. The Senator wishes to be on record in favor of the Conf. Comm. Report.
/s/ Steve Thompson Senator, 33rd Dist.

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March 16, 1994
4:20 pm
Mr. Secretary:
I was in Lt. Governor Howard's office during the budget vote--HB 1375 conference committee report. I was unavoidably detained on other conference committee issues.
Is/ Senator Oliver of the 42nd
To: Secretary of the Senate for entry into the Journal for March 16, 1994 From: Senator McGuire, District 30
Date: March 16, 1994
My vote against HB 1375 reflects my disagreement with the fact that the conference committee added 56 new items which were never before included. Taken out or severely weakened was the language requiring no tax dollars to be spent on pornography, to promote abortions, or to be used to lobby the legislature. I cannot support funding for golf courses and museums, especially when funding to improve college facilities is removed.
I had voted for the Senate version of the budget because we had made several small but significant changes which were a step in the right direction, but these were negated by the conference report.
I also have a fundamental problem with the conduct of the conference committee sys tem--they do not announce when they are meeting, where they are meeting, and when they do meet they speak in tones almost inaudible by anyone else in the room.
I do support education, model technology grants, and teacher pay raises. I support in creases in law enforcement pay and equipment. I support economic development programs and all other legitimate functions of government, but this budget goes much further. We had the opportunity in this budget to take the sales tax off of food and we did not do it. Instead we simply increased spending which makes our budget this year almost 30% higher than the budget four years ago--not including lottery funds. I cannot as a citizen or a Sena tor support such fiscal irresponsibility.

The State Senate Atlanta, Georgia 30334

March 18, 1994

MEMORANDUM

TO:

Mr. Frank Eldridge, Jr.

Secretary of the Senate

FROM:

Senator Gochenour District 27

Pursuant to Senate Rule 177 I submit the following to be inserted into the Senate Journal:

The FY '95 Budget is nearly $10 Billion Dollars. There are many good things in the Budget, and items I support. The teacher's pay raises, Merit System pay raises, the law enforcement pay raises, and nurse's pay raises I support. I further support the road im provements, technical school expansion, model technology grants, and the improvements of new correction facilities, some economic development programs, and many other programs.

My "no" vote on HB 1375, the General Appropriations Bill, was because of the unnec essary spending included in the bill. The on-going finances of the State has gone up almost $300 Million. The Senate is funding Planned Parenthood over $440,000, golf courses, and many other pork barrel projects.

I believe we must have less government rather than more government.

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2039

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 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.

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 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.

The Speaker has appointed on the part of the House, Representatives Barnes of the 33rd, Stanley of the 50th and Hart of the 116th.
The House has agreed to the Senate amendment, as amended by the House, to the following resolution of the House:

HR 124. By Representative Holland of the 157th: A resolution compensating Mr. Walter Lewis.

The House recedes from its position in disagreeing to the Senate substitute to the fol lowing bill of the House:

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.

The House insists on its position in disagreeing to the Senate amendment, and has

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appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Holmes of the 53rd, Cauthorn of the 35th and Simpson of the 101st.
The House has agreed to the Senate amendment, as amended by the House, to the following resolution of the House:
HR 967. By Representative Birdsong of the 123rd:
A resolution designating the Hardy Durham Faulk, Sr., Memorial Bridge.
The House has agreed to the Senate amendment to the House amendment to the fol lowing bill of the Senate:
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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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 House has adopted the report of the Committee of Conference on the following bill of the House:
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.

WEDNESDAY, MARCH 16, 1994

2041

The following bill was taken up to consider House action thereto:
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 House amendments were as follows:
House Amendment #2:
Amend SB 395 by adding on line 7 on page 1 immediately after the word and symbol "conference;" the following:
"to provide for a review and a hearing in certain instances by a disciplinary officer, panel, or tribunal;".
By striking line 7 on page 2 and inserting in lieu thereof the following:
"20-2-765. (a) Any time a teacher or principal".
By inserting between lines 14 and 15 on page 2 the following:
"(b) Any chronic disciplinary problem student, identified as such pursuant to subsec tion (a) of this Code section, whose cumulative short-term suspensions exceed 12 days in the current grading period or who is recommended for placement in an alternative school shall be subject to the provisions of Code Section 20-2-754; provided, however, if the suspension arises from an emergency situation in which it is necessary to remove the student promptly from the classroom for the safety or for the good climate of the school, then such student may be immediately suspended subject to the provisions of Code Section 20-2-766."
House amendment #1, committee amendment:
Amend SB 395 by adding on line 6 of page 2 after "days", the following:
"or long-term suspension for more than ten days pursuant to Code Section 20-2-751".
By adding on line 9 of page 2 immediately after "notify" and on line 17 of page 2 immediately after "request" the following:
"by certified mail with return receipt requested".
By striking lines 21 and 22 of page 1 and inserting in their place the following:
"means a student who exhibits a pattern of behavior characteristics which interfere with".
Senator Scott of the 36th moved that the Senate agree to the House Hart amendment, #2, and agree to the House committee amendment, #1, as amended by the following Senate amendment:
Amend the House Committee amendment to SB 395 by adding after line 14 of said amendment the following:
"By striking line 1 of page 1 and inserting 'To amend Chapter 2 of Title'.
By striking line 3 of page 1 and inserting 'elementary, secondary, and adult education, so as to define certain'.
By striking line 11 of page 1 and inserting 'or guardians; to change the provisions relat ing to medical and dental insurance for members of local boards of education; to provide for related matters; to repeal'.
By striking lines 14 through 17 of page 1 and inserting in their place the following:

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'Section 1. 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 of Part 2 of Article 16 thereof the following:'.
By striking lines 25 and 26 of page 2 and inserting in their place:
'Section 2. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 20-2-55, relating to per diem and expenses of members of local boards of education, and inserting in its place the following:
"(1) A local board of education is authorized to provide group medical and dental insur ance for its members who elect to participate and for the spouses and dependents of such members on the same terms that such insurance is provided for employees of that local board and for the spouses and dependents of such employees. Such insurance may be pro vided through a group policy secured by the local school district, a group policy secured by several local school districts, or by a policy secured by an organization of local school boards. A board providing such insurance shall pay no greater percentage of the cost of that insur ance for individual or family coverage than the percentage of the cost paid as an employer contribution by the state for individual or family coverage, respectively, under the health insurance plan for state employees pursuant to Article 1 of Chapter 18 of Title 45. The remainder of such insurance costs, and all the costs of any coverage for family members, shall be paid as an employee contribution by the board member."'
Section 3. All laws and parts of laws in conflict with this Act are repealed.".
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton 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 Thomas Thompson Turner

Those not voting were Senators:

Alien Blitch Coleman Gochenour

Henson

Taylor

Langford of 35th (excused) Tysinger

Robinson (presiding)

Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to House amendment #1 as amended by the Senate and agreed to House amendment #2 to SB 395.

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2043

The following bill was taken up for the purpose of considering the Conference Commit tee report 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 Conference Committee report on SB 12 was as follows:
The Committee of Conference on SB 12 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 12 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ David Scott Senator, 36th District

/s/ Calvin Smyre Representative, 136th District

/s/ Johnny Isakson Senator, 21st District

/s/ Denmark Groover Representative, 125th District

/s/ Pete Robinson Senator, 16th District

Ralph Twiggs Representative, 8th District

Committee of Conference substitute to SB 12:
A BILL
To be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia 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 provide for legislative intent and declarations; to restrict the authority of political subdivisions with respect to certain regulations of firearms; to define certain terms; to require certain information from a potential purchaser of a firearm; to provide for crimi nal history and involuntary hospitalization records checks; to provide for transaction num bers to be issued by the Georgia Bureau of Investigation; to provide for the establishment of a toll-free telephone number by the bureau for providing information to licensed firearms dealers; to provide procedures relating to the transmission of information between the bu reau and licensed firearms dealers with respect to potential buyers of firearms; to provide for fees; to provide for confidentiality of information; to provide for certain records and reports; to prohibit certain individuals from purchasing or possessing a firearm; to provide that if a person is denied the right to purchase a firearm based on the records of the Georgia Bureau of Investigation and if the bureau will not amend the records, the person shall be entitled to petition the superior court for an order directing the Georgia Bureau of Investi gation to amend the records; to provide that persons who are prohibited from purchasing or transporting a firearm based on a background check evidencing involuntary hospitalization shall be entitled to a hearing before the committing court; to provide procedures; to author ize the committing court to make a determination as to a person's competency to possess or transport a firearm; to provide for amendments to certain criminal records or records of involuntary hospitalization; to provide procedures; to provide for certain actions to have erroneous records corrected; to provide for attorney's fees under certain circumstances; to provide civil immunity; to provide for applicability and exceptions; to provide certain excep tions with respect to the transfer of a firearm as collateral for a loan or as pledged goods in a

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pawn transaction; to prohibit certain acts in connection with the sale or purchase of fire arms; to prohibit the breach of confidentiality with respect to certain records; to provide penalties; to provide for annual reports by the Georgia Bureau of Investigation; to restrict the authority of political subdivisions with respect to certain regulations of firearms but to authorize certain local regulations under certain conditions; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Infor mation Center, so as to require the Georgia Crime Information Center and the director of such center to perform certain duties with respect to furnishing certain information to li censed firearms dealers concerning potential purchasers or transferees of firearms; to require the probate courts and the clerks of the superior courts to perform certain duties with re spect to furnishing certain information to the Georgia Crime Information Center; to require the center to provide certain information to a potential purchaser or transferee of a firearm; to provide for the purging of certain records of 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, so as to provide a fee for conducting a hearing to determine eligibility to purchase a firearm; 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 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by adding at the end thereof a new Part 5 to read as follows:
"Part 5
16-11-170. (a) It is the intention of this part to establish state regulations which are consistent with the policy and terms of the federal Brady Handgun Violence Protection Act by providing a state background check law.
(b) This part shall in all respects be construed and administered in conformity with the provisions of the federal Brady Handgun Violence Protection Act, except that this part shall apply to firearms. Without limiting the generality of the foregoing, it is specifically intended that this part shall constitute a state law requiring verification by a state official that infor mation available does not indicate that possession of a firearm by a proposed transferee would be in violation of law, as authorized under 18 U.S.C. Section 922(s)(l)(D).
16-11-171. As used in this part, the term:
(1) 'Bureau' means the Georgia Bureau of Investigation.
(2) 'Center' means the Georgia Crime Information Center within the Georgia Bureau of Investigation.
(3) 'Dealer' means any person licensed as a dealer pursuant to 18 U.S.C. Section 921, et seq., or Chapter 16 of Title 43.
(4) 'Involuntarily hospitalized" means hospitalized as an inpatient in any mental health facility pursuant to Code Section 37-3-81 or hospitalized as an inpatient in any mental health facility as a result of being adjudicated mentally incompetent to stand trial or being adjudicated not guilty by reason of insanity at the time of the crime pursuant to Part 2 of Article 6 of Title 17.
16-11-172. On and after January 1, 1995, no dealer licensed pursuant to 18 U.S.C. Sec tion 923 or Chapter 16 of Title 43 shall sell or deliver from his or her business inventory at his or her licensed premises any firearm as defined in Code Section 16-11-131 to another person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, until:
(1) The dealer has obtained a completed consent form from the potential buyer or transferee, which form shall have been promulgated by the bureau and provided by the licensed dealer, which shall include only the name, birth date, gender, race, and social secur ity number or other identification number of such potential buyer or transferee;

WEDNESDAY, MARCH 16, 1994

2045

(2) The dealer has inspected identification containing a photograph of the potential buyer or transferee;
(3) The dealer has requested, by means of a toll-free telephone call, that the bureau conduct a criminal history and involuntary hospitalization records check;
(4) The dealer has received a unique transaction number for that inquiry from the bu reau verifying that the information available to the bureau does not indicate that possession of a firearm by the transferee would be in violation of federal or state law; and
(5) The dealer has recorded the date of receipt of the identifying number and the num ber on the consent form.
16-11-173. (a) Upon receipt of a request for a criminal history and involuntary hospital ization records check, the bureau shall immediately, during the licensee's call or by return call:
(1) Review all criminal history and involuntary hospitalization records electronically available to the bureau to determine if the potential buyer or transferee is prohibited from receipt or possession of a firearm pursuant to state or federal law; and
(2) Inform the licensee making the inquiry that its records demonstrate that the poten tial buyer or transferee is so prohibited or provide the licensee with a unique transaction number.
(b) In the event that the electronic check of records available to the bureau as provided in subsection (a) of this Code section reveals the existence of a criminal history record not immediately available to the bureau so as to determine the eligibility of the potential buyer to purchase a firearm, the bureau shall in the same call or return call advise the licensee of such existing, but not immediately available, record. In that event, the licensee shall not complete the sale of the firearm until the bureau advises the licensee that information sub sequently received as a result of that request shows that the potential buyer is not prohib ited from receiving or possessing a firearm under state or federal law.
16-11-174. In the event of electronic failure or similar emergency beyond the control of the bureau or center which prevents or delays the checks from being made as provided in Code Section 16-11-173, the bureau shall immediately notify the requesting licensee of the reason for, and estimated length of, such delay.
16-11-175. The bureau shall be authorized to charge and collect a fee not in excess of $5.00 for each criminal history and involuntary hospitalization records check conducted pur suant to Code Section 16-11-173.
16-11-176. (a) Any records created by the bureau to conduct the criminal history and involuntary hospitalization records check containing any of the information set forth in par agraph (1) of Code Section 16-11-172 pertaining to a potential buyer or transferee who is not found to be prohibited from receipt or transfer of a firearm by reason of state or federal law shall be confidential and may not be disclosed by the bureau or any officer or employee thereof to any person or to any other agency. The bureau shall destroy any such records, except a log which shows the date of a request, the unique transaction number assigned to the request, and the name and other identifying information of the dealer, but not including the name and other identifying information relative to the potential buyer, forthwith after it communicates the corresponding transaction number to the licensee and, in any event, 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 completion of the criminal history and involuntary hospitalization records check takes longer than ten days to complete, such identifying records may be maintained until the completion of the records check.
(b) Notwithstanding the provisions of subsection (a) of this Code section, the bureau may maintain only a log of dates of requests for criminal history and involuntary hospitali zation records checks and unique transaction numbers corresponding to such dates and the name, address, and other identifying information of the dealer but not the name or other

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identifying information relative to the potential buyer for a period of not longer than one year.
16-11-177. The bureau shall establish a toll-free telephone number which shall be oper ational seven days a week between the hours of 8:00 A.M. and 10:00 P.M. for purposes of responding to inquiries as described in this part from licensed dealers. The bureau shall employ and train such personnel as are necessary to administer expeditiously the provisions of this Code section.
16-11-178. (a) Any person who is denied the right to receive or purchase a firearm as a result of the procedures established by this part may request amendment of the record per taining to him or her by petitioning the bureau. If the bureau fails to amend the record within seven days and except as otherwise provided in subsection (b) of this Code section, the person requesting the amendment may petition the superior court of the county of resi dence for an order directing the bureau to amend the record. If the record as corrected demonstrates that such person is not prohibited from receipt or possession of a firearm by state or federal law, the bureau shall destroy any records it maintains which contain any information derived from the criminal history record check set forth in paragraph (1) of Code Section 16-11-172.
(b) In addition to other provisions of law relating to prohibitions against possessing or transporting a firearm, any individual who has been involuntarily hospitalized within five years immediately preceding the date of an application for a firearm shall be prohibited from purchasing or possessing a firearm; provided, however, that, if after a hearing before the committing court, the probate judge or judge of the superior court determines that based on the evidence submitted by such applicant and any other evidence required by the judge that such applicant is not a danger to himself or herself or others, such applicant shall not be deemed ineligible to purchase a firearm as a result of being involuntarily hospital ized. If such applicant is not deemed ineligible to purchase a firearm, the bureau shall de stroy any records it maintains which contain any information derived from the involuntary hospitalization records checks set forth in paragraph (1) of Code Section 16-11-172.
(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.
16-11-179. The bureau shall promulgate regulations to ensure the identity, confidential ity, and security of all records and data provided pursuant to this part. Any government official who willfully or intentionally compromises the identity, confidentiality, 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.
16-11-180. Compliance with the provisions of this part shall be a complete defense to any claim or cause of action under the laws of this state for liability for damages arising from the sale or transfer of any firearm which has been shipped or transported in interstate or foreign commerce to any person who has been convicted in any court of a crime punisha ble by imprisonment for a term exceeding one year.
16-11-181. (a) The provisions of this part shall not apply to:
(1) Any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898;
(2) Any replica of any firearm described in paragraph (1) of this Code section if such replica is not designed or redesigned to use rimfire or conventional center-fire fixed ammu nition or uses rimfire or conventional center-fire fixed ammunition which is no longer manu factured in the United States and which is not readily available in the ordinary channels of commercial trade;
(3) Any firearm which is a curio or relic as defined by 27 C.F.R. 178.11;
(4) Potential buyers or transferees who hold a valid permit or license to carry a pistol or

WEDNESDAY, MARCH 16, 1994

2047

revolver pursuant to Code Section 16-11-129 and who exhibit such permit or license to a licensed dealer; and
(5) Peace officers certified by the Georgia Peace Officer Standards and Training Council.
(b) Notwithstanding any other provisions of this part, in any case where a person has transferred a firearm as collateral for a loan or as pledged goods in a pawn transaction and such transaction has been carried out pursuant to the provisions of this part, upon such person reclaiming or redeeming the firearm from the dealer or upon such person transfer ring any other firearm as collateral or pledged goods to the same dealer or reclaiming the same at any time during the calendar year as the original transaction with such dealer, the provisions of this part shall not apply to such transfers subsequent to the original transfer during such calendar year.
16-11-182. (a) Any licensed dealer or any government official who willfully and inten tionally requests a criminal history and involuntary hospitalization records check from the bureau for any purpose other than compliance with this part or willfully and intentionally disseminates any criminal history or involuntary hospitalization records information to any person other than the subject of such information shall be guilty of a felony.
(b) Any person who, in connection with the purchase, transfer, or attempted purchase or transfer of a firearm pursuant to Code Section 16-11-172, willfully and intentionally makes any materially false oral or written statement or willfully and intentionally furnishes or exhibits any false identification intended or likely to deceive the licensee shall be guilty of a misdemeanor.
(c) Any licensed dealer who willfully and intentionally sells or delivers a firearm in violation of this part shall be guilty of a misdemeanor.
(d) Any purchaser or owner of a firearm who transfers the firearm at any time to a person who is prohibited from possession of a firearm by state or federal law shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years.
16-11-183. The bureau shall provide the standing Judiciary Committees of the Senate and House of Representatives an annual report including the number of inquiries made pursuant to this part for the prior calendar year. Such report shall include, but not be lim ited to, the number of inquiries received from licensees, the number of inquiries resulting in a determination that the potential buyer or transferee was prohibited from receipt or pos session of a firearm pursuant to state or federal law, the estimated costs of administering this part, the number of instances in which a person requests amendment of the record pertaining to such person pursuant to subsection (a) of Code Section 16-11-178, the number of instances in which the superior court issued an order directing the bureau to amend a record pursuant to subsection (a) of Code Section 16-11-178, and the number of instances in which the probate court or superior court issued an order directing the bureau to amend a record relative to involuntary hospitalization pursuant to subsection (b) of Code Section 1611-178.
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 except as otherwise provided in subsections (c), (d), (e), and (f) of this Code section.
(c) On and after January 1, 1995, a county or municipal corporation may by ordinance approved by the governing authority of the county or municipal corporation, subject to the approval of a majority of the qualified electors of such political subdivision voting in a refer endum thereon, require that a certain period not exceeding three days excluding Saturday, Sunday, and legal holidays shall elapse from the date that a potential buyer or transferee completes a consent form as provided in paragraph (1) of Code Section 16-11-172 before the

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JOURNAL OF THE SENATE

dealer is authorized to sell or transfer a firearm to said buyer or transferee; provided, how ever, that such waiting period not exceeding three days shall not apply if the purchaser exhibits to the dealer a valid permit or license to carry a pistol or revolver pursuant to Code Section 16-11-129. The provisions of this part shall apply in addition to any waiting period required by an ordinance enacted pursuant to this subsection.
(d) 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.
(e) 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.
(f) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from requiring the ownership of guns by heads of households within the political subdivision."
Section 2. Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by adding between subsec tions (d) and (e) of Code Section 35-3-34, relating to the dissemination of records by the Georgia Crime Information Center and local criminal justice systems to private persons and businesses, a new subsection (d.l) to read as follows:
"(d.l) (1) The center shall be authorized and directed to review its criminal history records and involuntary hospitalization records information and to report to each dealer as provided in Code Section 16-11-173 as to whether a named potential buyer or transferee of a firearm is prohibited from purchasing or possessing a firearm by state or federal law pursu ant to the requirements of Part 5 of Article 4 of Chapter 11 of Title 16. The director of the center shall establish with adequate staff and adequate telephone lines a toll-free telephone number as required in Code Section 16-11-177.
(2) The records of the Georgia Crime Information Center shall include information as to whether a person has been involuntarily hospitalized. Notwithstanding any other provi sions of law and in order to carry out the provisions of this Code section and Code Sections 16-11-173 and 16-11-174, the Georgia Crime Information Center shall be provided such in formation and no other mental health information from the involuntary hospitalization records of the probate courts concerning persons involuntarily hospitalized after the effec tive date of this subsection in a manner agreed upon by the Executive Probate Judges Council of Georgia and the Georgia Bureau of Investigation to meet the requirements of this Code section and Code Sections 16-11-173 and 16-11-174 and to preserve the confidentiality of patients' rights in all other respects. Further, notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Sections 16-11-172 and 16-11-173, the center shall be provided information as to whether a person has been adjudicated mentally incompetent to stand trial or not guilty by reason of insanity at the time of the crime and has been involuntarily hospitalized from the records of the clerks of the superior courts concerning persons involuntarily hospitalized after the effective date of this subsection in a manner agreed upon by The Council of Superior Court Clerks of Geor gia and the Georgia Bureau of Investigation to meet the requirements of this Code section and Code Sections 16-11-172 and 16-11-173 and to preserve the confidentiality of patients' rights in all other respects. After five years have elapsed from the date that a person's invol untary hospitalization information has been received by the Georgia Crime Information Center, the center shall purge its records of such information as soon as practicable and in any event purge such records within 30 days after the expiration of such five-year period."
Section 3. Said Article 2 of Chapter 3 of Title 35 is further amended by adding at the end of Code Section 35-3-37, relating to the inspection of criminal records, a new subsection (f) to read as follows:
"(f) If the center has notified a firearms dealer that a person is prohibited from purchasing or possessing a firearm pursuant to Part 5 of Article 4 of Chapter 11 of Title 16

WEDNESDAY, MARCH 16, 1994

2049

and if the prohibition is the result of such person's being involuntarily hospitalized within the immediately preceding five years, upon such person or his or her attorney making an application to inspect his or her records, the center shall provide the record of involuntary hospitalization and also inform the person or attorney of his or her right to a hearing before the judge of the probate court or superior court relative to such person's eligibility to pos sess or transport a firearm."

Section 4. Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, is amended by adding at the end of subsection (a) a new para graph (29) to read as follows:

"(29) For hearing to determine eligibility to purchase a firearm

30.00"

Section 5. Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, is amended by adding at the end of paragraph (1) of subsection (e) a new subparagraph (CC) to read as follows:

"(CC) For hearing to determine eligibility to purchase a firearm

30.00"

Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval but shall only apply to the sale or transfer of fire arms on and after January 1, 1995; provided, however, that no local ordinance which was in effect on January 1, 1994, shall be affected by Code Section 16-11-184 until January 1, 1995, at which time, unless enacted subsequent to the effective date of this Act as provided by that Code section, any such ordinance shall be of no further force or effect.

Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Scott of the 36th moved that the Senate adopt the Conference Committee re port on SB 12.

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

Those voting in the affirmative were Senators:

Abernathy Bowen Broun of 46th Burton Cheeks Clay Coleman Crotts Dean Edge Gillis Harbison

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

Perdue Pollard Ragan of llth Ragan of 32nd Ray Scott Slotin Starr Thomas Thompson Turner Tysinger

Those voting in the negative were Senators:

Balfour BauSh Blitch Boshears Brown of 26th

Day Egan Gochenour Guhl

Huggins McGuire Ralston Taylor

Those not voting were Senators:

Alien Farrow (excused) Glanton

Langford of 35th (excused) Madden (excused)

Robinson (presiding) Walker (excused)

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JOURNAL OF THE SENATE

On the motion, the yeas were 36, nays 13; the motion prevailed, and the Senate adopted the Conference Committee report on SB 12.
Senator Glanton of the 34th filed the following statement with the Secretary:
3/16/94
Dear Mr. Secretary
I request that the journal reflect that I punched the negative button on SB 12 Confer ence Committee report but was not recorded.
Thank you,
/s/ Senator Glanton of the 34th
The President resumed the Chair.
The following bill was taken up to consider House action thereto:
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 House amendment was as follows:
Amend SB 668 by striking lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, so as to provide for minutes of.
By striking lines 6 and 7 of page 1 and inserting in lieu thereof the following:
"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; to provide exceptions; to provide that no development authority of a county or municipality within the county or joint development authority 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 au thorized by federal law, without the written consent of the governing authority of such ad joining county wherein the real property is located; to provide an effective date; to repeal conflicting laws; and for other purposes."
By striking lines 9 through 11 of page 1 and inserting in lieu thereof the following:
"Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, is amended by inserting a new Code".
By striking line 24 of page 1 and inserting in lieu thereof the following:
"Section 2. Said title is further amended by adding at the end of Chapter 60, relating to general provisions applicable to counties and municipal corporations, a new Code Section 36-60-16 to read as follows:
'36-60-16. 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 cer tain 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 prop erty is located; provided, however, that the provisions of this Code section shall not apply to the exercise of eminent domain by a county or municipality as authorized under the Consti tution or other provisions of law; provided, further, that the provisions of this Code section

WEDNESDAY, MARCH 16, 1994

2051

shall not apply to any agreement entered into by two or more counties, municipal corpora tions, consolidated governments, or development authorities or any combination thereof prior to July 1, 1994, nor shall the transfer of any land pursuant to any such agreement be affected by this Code section.'
Section 3. Said title is further amended by adding in Chapter 62, known as the 'Devel opment Authorities Law,' between Code Sections 36-62-6 and 36-62-7, a new Code Section 36-62-6.1 to read as follows:
'36-62-6.1. No development authority of a county or municipality within the county or joint development authority within the county shall purchase or accept title to any real property located in an adjoining county, which property will be exchanged for certain prop erty 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; provided, however, that the provisions of this Code Section shall not apply to any agreement entered into by two or more counties, municipal corporations, consolidated gov ernments, or development authorities or any combination thereof prior to July 1, 1994, nor shall the transfer of any land pursuant to any such agreement be affected by this Code section.'
Section 4. This Act shall become effective upon".
By redesignating Section 3 as Section 5.
Senator Dean of the 31st moved that the Senate agree to the House amendment to SB 668.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th B,,Bruorwtonn of 26th Cheeks Clay Coleman Crotts Day Dean
Edge Gillis

Glanton Gochenour Guhl Harbison Hemmer Hill HTHTouogkgsi. ns Isakson Langford of 29th Marable McGuire Middleton Newbill
Oliver Parrish

Perdue Pollard Ragan of llth Ragan of 32nd Ralston R KD o\b,-mson
Starr Tavlor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien Baugh Egan

Farrow (excused) Henson Kemp

Langford of 35th (excused) Madden (excused) Walker (excused)

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 668.

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JOURNAL OF THE SENATE

The following resolution was taken up to consider House action thereto:

HR 906. By Representative Scoggins of the 24th: A resolution compensating Mr. Nelson 0. Scoggins.

Senator Dean of the 31st moved that the Senate recede from its amendment to HR 906. On the motion, 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 Brown of 26th Burton Cheeks Clay Coleman Crotts

Dean Gillis Harbison Henson Hill Hooks Huggins Isakson Langford of 29th Marable McGuire

Middleton Oliver Parrish Perdue Pollard Ragan of 32nd Ray Robinson Slotin Thomas Turner

Those voting in the negative were Senators:

Day Edge Glanton

Gochenour Guhl Newbill

Ralston Thompson Tysinger

Those not voting were Senators:

Alien
Baugh Boshears Egan Farrow (excused)

Hemmer
Kemp Langford of 35th (excused) Madden (excused) Ragan of llth

Scott Starr
Tflylor Walker (excused)

On the motion, the yeas were 33, nays 9; the motion prevailed, and the Senate receded from its amendment to HR 906.
The following bill was taken up for the purpose of considering the Conference Commit tee report thereto:
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 Conference Committee report was as follows:
The Committee of Conference on SB 469 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 469 be adopted.
Respectfully submitted,

WEDNESDAY, MARCH 16, 1994

2053

FOR THE SENATE:
/s/ Steve Thompson Senator, 33rd District
/s/ Richard Marable Senator, 52nd District
John Parrish Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Georganna Sinkfield Representative, 57th District
/s/ Bill Lee Representative, 94th District
/s/ Tom Cauthorn Representative, 35th District

A BILL
To be entitled an Act to amend Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to county boards of family and children services, so as to change the manner of appointing members to such boards; to provide for vacancies, terms of office, and compensation; to provide for additional members at the option of the county governing au thority; 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 county boards of family and children services, is amended by striking subsections (a) through (e) of Code Section 49-3-2, relating to appointment of members to such boards, and inserting in lieu thereof the following:
"49-3-2. (a) Each county board shall consist of five members who shall be appointed by the commissioner of human resources on the recommendation and nomination of the county commissioner or board of commissioners or other legally constituted fiscal or financial agent of the county. Such county commissioner or board of commissioners or fiscal or financial agent shall recommend and nominate to the commiasioncr three influential and respected citizens, recognized for their demonstrated intcfcat in family and children services provided by the county department, for each position on the county board to be filled by the commis sioner. Aa a condition of being designated aa a nominee, each person so designated shall certify in writing to the county commiaaioncr ot board of commiaaioncra or fiscal or financial agent that the pcraon intends to serve as a member of the board if the pcraon ia appointed to the board governing authority of the county. No person serving as a member of a county board on July 1, 1994, shall have such person's term of office shortened by this subsection. On and after that date, however, vacancies in such office which occur for any reason, includ ing but not limited to expiration of the term of office, shall be filled by appointment of the county governing authority except as provided in subsection (c) of this Code section. No elected officer of the state or any subdivision thereof shall be eligible for appointment to the county board. In making appointments to the county board of family and children services, the governing authority shall ensure that appointments are reflective of gender, race, ethnic, and age characteristics of the county population.
(b) The term of office of members of the county board shall be for five years and until the appointment and qualification of their respective successors, except that upon the expi ration of the terms of the members of the county board in office on July 1, 1068 1994, one member shall be appointed for a one-year term, one member for a two-year term, one mem ber for a three-year term, one member for a four-year term, and one member for a five-year term.
(c) Appointments to fill vacancies on the county board caused by death, resignation, or removal before the expiration of a term shall be made for the remainder of such term in the same manner as provided in this Code section for original appointments. In the event that the county commissioner or board of eommiaaioncro or county fiscal or financial agent gov erning authority of the county shall fail to recommend and nominate persona to fill vacnn eies fill any such vacancy or any vacancy caused by expiration of term on the county board as required by this Code acction within 90 days after such vacancy occurs, the commissioner

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JOURNAL OF THE SENATE

may appoint members to the county board to fill such vacancies absent such recommenda tion and nomination.
(d) The commissioner may provide rules and regulations governing selection of persons to acrvc as chairman and vice chairman of each county board. In addition to the five mem bers required by subsection (a) of this Code section, the county governing authority is au thorized but not required to appoint two additional members. One such additional member shall be a school counselor employed in the county and one such additional member shall be a law enforcement officer of the county who is responsible for investigating reports of child abuse. Members appointed pursuant to this subsection shall be appointed for terms of five years and shall be paid the per diem authorized in subsection (e) of this Code section. Ap pointments to fill vacancies created by the death, resignation, or removal before the end of the term of a member appointed pursuant to this subsection shall be made in accordance with subsection (c) of this Code section^
(e) Members of the county board shall serve without compensation, except that they shall be paid a per diem of not less than $15.00 per month and 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."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd moved that the Senate adopt the Conference Committee report on SB 469.
On the motion, 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 Cheeks Coleman Crotts Day Dean Edge Gillis

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

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

Those not voting were Senators:

Abernathy
Alien Baugh Clay
Egan

Farrow (excused)
Hemmer Kemp Langford of 35th (excused)
Madden (excused)

Scott Starr
Inomas Walker (excused)

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 469.

WEDNESDAY, MARCH 16, 1994

2055

The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that special license plates may be issued to state commanders of nationally chartered veterans' organizations; to provide that presentation of a handi capped identification card shall constitute proof of disability or hearing impairment; to re peal the requirement that a certain minimum number of applications must be received before such license plates shall be issued; to change the fee for such license plates; to pro vide for the design of such license plates; to provide for an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by striking in its entirety subsection (a) of Code Section 40-2-67, relating to spe cial license plates for commanders of certain veterans' organizations, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The state commanders of nationally chartered veterans' organizations, Legion, tEc~A"mvct8, the JcwiarTWar Vctcrana, the Disabled American "War Veterans, the Veterans of World War I, and the Spanish American War Vctcrana, upon application and compliance with the state motor vehicle laws relative to the registration and licensing of motor vehicles, upon payment of the regular license fees for license plates as provided by law, and upon the payment of an additional initial fee of $25.00 and an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted as provided in Code Section 40-234, shall be issued license plates as prescribed in Code Section 40-2-31 for use on their official or private passenger automobiles, upon which, in lieu of the numbers prescribed by said Code section, shall be such figures or symbols indicative of the office held by such individuals as may be prescribed by the commissioner."
Section 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 40-2-74, relating to special licenses plates for disabled persons, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submit ting satisfactory proof to the commissioner or one of his or her agents that he or she has permanently lost the use of a leg or both legs, or an arm or both arms, or any combination thereof, or is so severely disabled as to be unable to move without the aid of crutches or a wheelchair, shall be issued a specially designated disabled person's license plate from the commissioner. For purposes of this subsection, presentation of a handicapped identification card issued pursuant to Article 8 of Chapter 5 of this title shall constitute proof of disability?'
Section 3. Said article is further amended by striking in its entirety subsection (b) of Code Section 40-2-74, relating to special license plates for disabled persons, and inserting in lieu thereof a new subsection (b) to read as follows:

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JOURNAL OF THE SENATE

"(b) A hearing impaired person otherwise qualified under this subsection shall be eligi ble to have issued to him or her a specially designated disabled person's license plate in accordance with this Code section. As used in this Code section, 'hearing impaired person' shall have the same meaning as defined in Code Section 24-9-101, except that the term 'hearing impaired person' shall not include any person who is not qualified for a driver's license pursuant to Code Section 40-5-35, relating to reports by physicians and vision spe cialists in connection with the issuance or revocation of drivers' licenses, as now or hereafter amended. For purposes of this subsection, presentation of a handicapped identification card issued pursuant Article 8 of Chapter 5 of this title shall constitute proof of hearing impairment."
Section 4. Said article is further amended by striking in its entirety subsections (a) and (b) of Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) Motor vehicle owners who are retired veterans of the armed forces of the United States or persons who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, or recreational vehicles used for personal transportation, provided that the requisite number of applications arc received by the commissioner aa provided in subsection (b) of this Code section. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter.
(b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. The commissioner shall retain all applications received for such special and distinctive license plates for the wars or military operation described in subsection (a) of this Code section until a minimum of 260 application have been received for a distinctive license plate for a specific war or military operation. After receipt of 260 applicationa for such a distinctive license plate for such war or military operation, the commi93ioncr ghnll design a distinctive license plate for that war 01 military operation aa pro vidcd in subsection (c) of this Code section and issue the distinctive license platca to present and future qualifying applicants. If the commissioner docs not receive the required mini mum 260 application for a specific war or military operation by July 81 of the year prcccd ing the year of issuance of such plates, the commissioner shall not accept any applications for nor issue such diotinctivc license plates for that war or military operation, and all fees ahall be refunded to applicants. The commissioner shall design a distinctive license plate to commemorate service by the United States armed forces in wars listed above. The commis sioner shall promulgate such rules and regulations as may be necessary to enforce compli ance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $40.00 $60.00. The commissioner is specifically authorized to promulgate all rules and regulations neces sary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable."
Section 5. Section 1 of this Act shall become effective upon its approval by the Gover nor or upon its becoming law without such approval. Sections 2 and 3 of this Act shall become effective on July 1, 1994. Section 4 of this Act shall become effective on January 1, 1995.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Langford of the 29th moved that the Senate agree to the House substitute to SB 547.

WEDNESDAY, MARCH 16, 1994

2057

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Clay Crotts
Day
Edge
Gillis
Glanton

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

Those not voting were Senators:

Alien Baugh Bowen Coleman Dean

Egan Farrow (excused) Muggins Kemp Langford of 35th (excused)

Parrish Perdue Pollard Ragan of llth R of 32nd Ralgton R TM. Robinson Slotln Taylor Thompson Turner Tysinger
Madden (excused) Scott Starr Thomas Walker (excused)

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 547.
The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend the Senate substitute to HB 837 by deleting the following language from lines 18 through 20 on page 6:
", provided the requirements of this chapter are specifically waived in writing".
Senator Langford of the 29th moved that the Senate agree to the House amendment to the Senate substitute to HB 837.
On the motion, 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 Cheeks

Clay Coleman Crotts Day Edge Farrow Gillis Glanton

Gochenour Guhl Harbison Hemmer Henson Hill Hooks Langford of 29th

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JOURNAL OF THE SENATE

Madden Marable M,?P"ire MNeiwddbliellton Oliver Parrish

Perdue Pollard Ragan of llth ,,Ragan of. 3002nd, Ralston Ray

Robinson Slotin Starr T^ayl.or Thompson Turner

Those not voting were Senators:

Abernathy Allen Baugh Dean
Egan

Huggins Isakson
KemP Langford of 35th (excused)

Scott Thomas
. Tysmger
Walker (excused)

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 837.
Senator Robinson of the 16th moved that the following bill, having been placed on the Table March 14th, be taken from the Table:

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.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 1443 was taken from the Table.
Pursuant to Senate Rule 111, HB 1443, having been taken from the Table, was put upon its passage.
Senate Sponsor: Senator Oliver of the 42nd.
Senator Oliver of the 42nd offered the following amendment:
Amend HB 1443 by striking lines 23 through 32 of page 9 and lines 1 through 7 of page 10 and inserting in their place the following:
"Section 3. This Act shall become effective July 1, 1998.".
On the adoption of the Oliver amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Day Dean Edge Farrow Gillis Gochenour Guhl Harbison Hemmer Henson Hill

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

WEDNESDAY, MARCH 16, 1994

2059

Pollard Ragan of llth Ragan of 32nd Ralston

Ray Robinson Slotin Starr

Taylor Turner Tysinger Walker

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Abernathy Alien Bowen Egan

Hooks

Scott

Huggins

Thomas

Langford of 35th (excused) Thompson

On the adoption of the amendment, the yeas were 45, nays 1, and the Oliver amend ment was adopted.
The Senate Judiciary Committee offered the following substitute to HB 1443:
A BILL
To be entitled an Act to amend Code Section 31-2-6 of the Official Code of Georgia Annotated, relating to actions against applicants or licensees regulated by the Department of Human Resources, so as to provide for administration; 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 the appointment of the chief state administrative law judge; to provide for the designation or employment of assis tant, special assistant, and associate administrative law judges and administrative staff, equipment, and property; to establish the duties, powers, and authority of state administra tive law judges; to transfer the responsibility for the conduct of certain administrative hear ings from certain other agencies to the Office of State Administrative Hearings; to provide for procedures in the judicial review of contested matters; to transfer certain positions, equipment, and appropriations from certain other agencies; to authorize charges for hear ings to certain agencies; to provide for appellate review of orders of the superior courts in review of contested cases; to provide for related matters; to provide for dates for effective ness and implementation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-2-6 of the Official Code of Georgia Annotated, relating to actions against applicants or licensees regulated by the Department of Human Resources, is amended by striking subsection (1) and inserting in its place the following:
"(1) This Code section and all actions resulting from its provisions shall be adminis tered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' ; except that.
(1) All hearings in contested cases involving any sanction provided for in this Code section shall be conducted by hearing officers employed or appointed by the Department of Administrative Services, who ahall be members in good standing with the State Bur of Gcor
lt,--ftftu
(2) The provisions of subsection (a) of Code Section 60-13-17 shall not apply."
Section 2. Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Geor gia Administrative Procedure Act," is amended by designating the existing Code sections thereof as Article 1 and by adding at its end a new Article 2 to read as follows:

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"ARTICLE 2
50-13-40. (a) There is created within the executive branch of state government the Of fice of State Administrative Hearings. The office shall be independent of state administra tive agencies and shall be responsible for impartial administration of administrative hear ings in accordance with this article. The office shall be assigned for administrative purposes only, as that term is defined in Code Section 50-4-3, to the Department of Administrative Services.
(b) The head of the office shall be the chief state administrative law judge who shall be appointed by the Governor, shall serve a term of six years, shall be eligible for reappointment, and may be removed by the Governor for cause. The chief state administrative law judge shall have been admitted to the practice of law in this state for a period of at least five years. The chief state administrative law judge shall be in the unclassified service of the state merit system and shall receive a salary to be determined by the Governor. All succes sors shall be appointed in the same manner as the original appointment and vacancies in office shall be filled in the same manner for the remainder of the unexpired term.
(c) The chief state administrative law judge shall promulgate rules and regulations and establish procedures to carry out the provisions of this article.
(d) The chief state administrative law judge shall have the power to employ clerical personnel and court reporters necessary to assist in the performance of his or her duties.
(e) (1) The chief state administrative law judge shall have the power to employ fulltime assistant administrative law judges who shall exercise the powers conferred upon the chief state administrative law judge in all administrative cases assigned to them. Each assis tant administrative law judge shall have been admitted to the practice of law in this state for a period of at least three years. The chief state administrative law judge may establish different levels of administrative law judge positions and the compensation for such posi tions shall be determined by the chief state administrative law judge.
(2) The chief state administrative law judge may appoint a special assistant administra tive law judge on a temporary or case basis as may be necessary for the proper performance of the duties of the office, pursuant to a fee schedule established in advance by the chief state administrative law judge. A special assistant administrative law judge shall have the same qualifications and authority as a full-time assistant administrative law judge.
(3) The chief state administrative law judge may designate in writing a qualified fulltime employee of an agency other than an agency directly connected with the proceeding to conduct a specified hearing, but such appointment shall only be with the prior consent of the employee's agency. Such employee shall then serve as a special designated assistant administrative law judge for the purposes of the specific hearing and shall not be entitled to any additional pay for this service.
(4) When the character of the hearing requires utilization of a hearing officer with spe cial skill and technical expertise in the field, the chief state administrative law judge may so certify in writing and appoint as a special lay assistant administrative law judge a person who is not a member of the bar of this state or otherwise not qualified under this Code section. Such appointment shall specify in writing the reasons such special skill is required and the qualifications of the appointed individual.
(5) The chief state administrative law judge may designate a class of hearings for which individuals with the necessary skill and training need not meet the qualifications of paragraphs (1) through (4) of this subsection. These full-time associate administrative law judges shall exercise the powers conferred upon the chief state administrative judge in the class of administrative cases assigned to them. The chief state administrative law judge shall determine the compensation for such positions.
(f) The chief state administrative law judge and any administrative law judge employed on a full-time basis: (1) shall not otherwise engage in the practice of law; and (2) shall not,

WEDNESDAY, MARCH 16, 1994

2061

except in the performance of his or her duties in a contested case, render legal advice or assistance to any state board, bureau, commission, department, agency, or officer.
50-13-41. (a) Whenever a state agency authorized by law to determine contested cases initiates or receives a request for a hearing in a contested case which is not presided over by the agency head or board or body which is the ultimate decision maker, the hearing shall be conducted by the Office of State Administrative Hearings. Such hearings shall be conducted in accordance with the provisions of this chapter and the rules and regulations promulgated under this article. An administrative law judge shall have the power to do all things speci fied in paragraph (6) of subsection (a) of Code Section 50-13-13.
(b) An administrative law judge shall have all the powers of the referring agency with respect to a contested case. Subpoenas issued by an administrative law judge shall be en forced in the manner set forth in paragraph (7) of subsection (a) of Code Section 50-13-13. Nothing in this article shall affect, alter, or change the ability of the parties to reach infor mal disposition of a contested case in accordance with paragraph (4) of subsection(a) of Code Section 50-13-13.
(c) Within 30 days after the close of the record, an administrative law judge shall issue a decision to all parties in the case except when it is determined that the complexity of the issues and the length of the record require an extension of this period and an order is issued by an administrative law judge so providing. Every decision of an administrative law judge shall contain findings of fact, conclusions of law, and a recommended disposition of the case.
(d) Except as otherwise provided in this article, in all cases every decision of an admin istrative law judge shall be treated as an initial decision as set forth in subsection (a) of Code Section 50-13-17, including, but not limited to, the taking of additional testimony or remanding the case to the administrative law judge for such purpose. On review, the review ing agency shall consider the whole record or such portions of it as may be cited by the parties. In reviewing initial decisions by the Office of State Administrative Hearings, the reviewing agency shall give due regard to the administrative law judge's opportunity to ob serve witnesses. If the reviewing agency rejects or modifies a proposed finding of fact or a proposed decision, it shall give reasons for doing so in writing in the form of findings of fact and conclusions of law.
(e) (1) A reviewing agency shall have a period of 30 days following the entry of the decision of the administrative law judge in which to reject or modify such decision. If a reviewing agency fails to reject or modify the decision of the administrative law judge within such 30 day period, then the decision of the administrative law judge shall stand affirmed by the reviewing agency by operation of law.
(2) A reviewing agency may prior to the expiration of the review period provided for in paragraph (1) of this subsection extend such review period by order of the reviewing agency in any case wherein unusual and compelling circumstances render it impracticable for the reviewing agency to complete its review within such period. Any such order shall recite with particularity the circumstances which render it impracticable for the reviewing agency to complete its review within such review period. Any such extension by the reviewing agency shall be for a period of time not to exceed 30 days. Prior to the expiration of the extended review period, the review period may be further extended by further order of the reviewing agency for one additional period not to exceed 30 days if unusual and compelling circum stances render it impracticable to complete the review within the extended review period. Such further order further extending the review period shall likewise recite with particular ity the circumstances which render it impracticable for the reviewing agency to complete its review within the review period as previously extended. If a reviewing agency fails to reject or modify the decision of the administrative law judge within the extended review period, then the decision of the administrative law judge shall stand affirmed by the reviewing agency by operation of law.
(3) An agency may provide by rule that proposed decisions in all or in specified classes of cases before the Office of State Administrative Hearings will become final without further

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agency action and without expiration of the 30 day review period otherwise provided for in this subsection.
50-13-42. In addition to those agencies expressly exempted from the operation of this chapter under paragraph (1) of Code Section 50-13-2, this article shall not apply to the Public Service Commission, the Health Planning Review Board, or the Health Planning Agency or to the Department of Labor with respect to unemployment insurance benefit hearings conducted under the authority of Chapter 8 of Title 34. Such exclusion does not prohibit these agencies from contracting with the Office of State Administrative Hearings on a case-by-case basis.
50-13-43. All agencies shall cooperate with the chief state administrative law judge in the discharge of his or her duties. The Office of State Administrative Hearings shall comply with all applicable federal statutes, regulations, and guidelines, including those related to time frames for hearings, release of decisions, and other procedural requirements. The Office of State Administrative Hearings shall promulgate, when necessary for any class of hearings, specific rules and regulations in order to ensure compliance with federal requirements and receipt and retention of federal funding, tax credits, and grants.
50-13-44. (a) Any full-time hearing officer or equivalent position, used exclusively or principally to conduct or preside over hearings for a covered agency immediately prior to July 1, 1994, shall be administratively transferred to the Office of State Administrative Hearings, if such employee qualifies under Code Section 50-13-40. Any person serving im mediately prior to July 1, 1994, as an independent hearing officer or equivalent under con tract or written order of appointment shall be administratively transferred to the Office of State Administrative Hearings as of July 1, 1994, and shall continue as a special assistant administrative law judge. All full-time staff of covered agencies who have exclusively or principally served as support staff for administrative hearings shall be administratively transferred to the Office of State Administrative Hearings as of July 1, 1994. All equipment or other tangible property in possession of covered agencies which is used or held exclusively or principally by personnel transferred under this Code section shall be transferred to the Office of State Administrative Hearings as of July 1, 1994.
(b) All such transfers shall be subject to the approval of the chief state administrative law judge and such personnel or property shall not be transferred if the chief state adminis trative law judge determines that the hearing officer, staff, equipment, or property should remain with the transferring agency.
(c) Funding for functions and positions transferred to the Office of State Administrative Hearings under this article shall be transferred as provided for in Code Section 45-12-90. The employees of the Office of State Administrative Hearings shall be in the classified ser vice of the state merit system; provided, however, that the chief administrative law judge may place positions in the unclassified service as authorized in Article 1 of Chapter 20 of Title 45 and may also place an additional ten assistant administrative law judges in the unclassified service.
(d) The chief state administrative law judge shall assess agencies the cost of services rendered to them in the conduct of hearings."
Section 3. Said chapter is further amended by adding a new Code Section 50-13-20.1 to read as follows:
"50-13-20.1. A petition for judicial review of a final decision in a contested case issued by an administrative law judge pursuant to subsection (e) of Code Section 50-13-41 shall be subject to judicial review in the same manner as provided in Code Section 50-13-19 except that the procedure and standard of judicial review specifically provided for an agency shall be applied and shall not be affected, altered, or changed by Article 2 of this chapter."
Section 4. This Act shall become effective July 1, 1994, for purposes of commencing transfer of positions, independent hearing officers, employees, and equipment and for gen eral administrative purposes. The Office of State Administrative Hearings may commence the performance of its duties on and after July 1, 1994, and shall assume full responsibility

WEDNESDAY, MARCH 16, 1994

2063

for the performance of its duties on and after April 1, 1995. The Office of State Administra tive Hearings shall, where necessary for any class of hearings, promulgate rules and regula tions in order to comply with all federal and state procedural requirements. During the period between July 1, 1994, and April 1, 1995, covered agencies may continue to conduct covered administrative hearings as provided by prior law; but on and after April 1, 1995, all such hearings in new and, where practical, in pending proceedings shall be conducted as provided in this Act.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th offered the following amendment to the Committee substitute:
Amend the committee substitute to HB 1443 by adding on page 8 on line 8 after the word "Commission," and before the word "the" the words, "the Department of Transportation,".
On the adoption of the amendment, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Broun of 46th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Hemmer Henson Huggins Isakson Kemp Langford of 29th Madden Marable McGuire

Middleton Newbill Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Starr Taylor Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Brown of 26th Harbison Hill

Oliver Parrish Perdue

Robinson Slotin

Those not voting were Senators:

Abernathy Alien

Bowen Hooks

Langford of 35th (excused) Thomas

On the adoption of the amendment, the yeas were 42, nays 8, and the Clay amendment to the committee substitute was adopted.
Senator Oliver of the 42nd offered the following amendment:
Amend the Senate Committee substitute to HB 1443 by inserting on line 4 of page 1 between the word and symbol "administration;" and the word "to" the following:
"to amend Code section 49-4-153, relating to administrative hearings and appeals, so as to provide for exhaustion of administrative remedies; to provide an exception;".
By inserting between lines 15 and 16 of page 2 the following:
"Section 2. Said article is further amended by striking subsection (c) of Code Section 49-4-153, relating to administrative hearings and appeals, in its entirety and inserting in its place the following:

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'(c) If an aggrieved applicant for, recipient of, or provider of medical aasiatanec any aggrieved party exhausts all the administrative remedies provided in this Code section, judi cial review of the final decision of the commissioner may be obtained in the same manner and under the same standards as are applicable to those contested cases which are reviewable pursuant to Code Section 50-13-19; provided, however, that no other provision of Chap ter 13 of Title 50 shall be applicable to the department with the exception of Code Sections 50-13-17 and 50-13-19. Notwithstanding any other provision of law, a stay of the commis sioner's final decision may be granted by a reviewing court to a provider of medical assis tance only on condition that such provider posts bond with the commissioner in favor of the state, with good and sufficient surety thereon by a surety company licensed to do business in this state, in an amount determined by the commissioner to be sufficient to recompense the state for all medical assistance which otherwise would not be paid to the provider but for the granting of such a stay. A stay may be granted and renewed for time intervals up to three months, so long as bond is posted for every interval of time in which the stay is in effect.'"
On the adoption of the amendment, the yeas were 32, nays 12, and the Oliver amend ment 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:

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

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

Those voting in the negative were Senators:

Day Glanton Gochenour

McGuire Newbill

Those not voting were Senators:

Abernathy Alien

Bowen Hooks

Parrish Perdue Pollard Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott Slotin Starr Thompson Turner Tysinger
Taylor Walker
Langford of 35th (excused) Thomas

On the passage of the bill, the yeas were 43, nays 7. The bill, having received the requisite constitutional majority, was passed by substitute.

WEDNESDAY, MARCH 16, 1994

2065

The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for the administrative suspension of a driver's license for a first offense of driving under the influence; to provide for limited driv ing permits; to change the alcohol concentration resulting in administrative suspension of a driver's license of a person under the age of 18 involved in a traffic accident involving seri ous injuries or fatalities; to change the time in which an administrative hearing may be requested; to provide for stay of the suspension if a hearing is delayed under certain circum stances; to provide for the effect of a subsequent acquittal or accepted plea of nolo con tendere upon an administrative license suspension; to provide for reinstatement of the per son's driver's license under certain conditions; to change certain provisions relating to driving under the influence of alcohol or drugs; to prohibit certain pleas; to change certain criminal penalties; to provide that all parts of certain chemical testing machines shall be in good working order; to provide for penalties; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsections (a) and (e) of Code Section 40-5-64, relating to limited driving permits, in its entirety 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, e* paragraph (1) of subsection (a) of Code Section 40-5-63, or paragraph (1) of subsection (a) of Code Section 40-5-67.2, pro vided that such person has not had his or her driver's license suspended under Code Section 40-5-68."
"(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 or upon the expiration of 30 days in the case of an ad ministrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, except that such limited driving permit shall expire upon the earlier rein statement of the driver's license. A person convicted of such offense whose driver's license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit immediately following such conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her 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

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following such conviction may apply to the department for a permit. 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 haa lost his the driver's license has been lost, upon execution of an addi tional affidavit to that effectTThe department may issue such person a limited driving permit."
Section 2. Said title is further amended by striking subsection (b) of Code Section 40-567, relating to issuance of a temporary driving permit to a person charged with driving under the influence, in its entirety and inserting in lieu thereof the following:
"(b) At the time the law enforcement officer takes the driver's license, fee the officer shall issue a temporary driving permit to the person as follows:
(1) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 96 30 day temporary driving permit;
(2) If the driver's license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 36 30 day temporary driving permit; or
(3) If the test or tests administered pursuant to Code Section 40-5-55 indicate a blood alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Section 40-5-67.1, or if the review of the driver's prior driving record indicates that the driver's license has not been suspended within the previous five years, as measured from the dates of previous nrfoste-fef which a suspension was obtained to the date of the current arrest, the officer shall issue a 180 day temporary driving permit.
This temporary driving permit shall be valid for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The Department of Public Safety, at its sole discretion, may delay the expiration date of the temporary driv ing permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed."
Section 3. Said title is further amended by striking subsection (b) of Code Section 40-567.1, relating to administration of chemical tests and duty of officer to inform driver of requirements and rights, in its entirety and inserting in lieu thereof the following:
"(b) At the time a chemical test or tests are requested, the person shall be informed by the arresting officer that:
(1) Georgia law requires the person to submit to a test to determine if the person is under the influence of alcohol or other drugs;
(2) If the testing is refused, the person's driver's license or right to drive will be sus pended for a period of one year or, if the person is under age 18, for a period of one year or until the age of 18, whichever is greater, or, if the vehicle is a commercial vehicle, the person will be disqualified from operating a commercial motor vehicle for a minimum period of one year;
(3) If a test is performed and the results indicate a blood alcohol concentration of 0.10 grams or more, the driver's license or right to drive may be suspended for a minimum period of one year or, for a person under the age of 18, a blood alcohol concentration of <WH 0.04 grams or more, the person's driver's license or right to drive will be suspended for a minimum period of one year or until the age of 18, whichever is greater, and if the vehicle was a commercial motor vehicle and the test results indicate the presence of any alcohol, the per son will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours, and if the results indicate a blood alcohol concentration of 0.04 grams or more, the person will be disqualified from operating a commercial motor vehicle for a minimum period of one year;

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2067

(4) After submitting to the required testing, the person shall be entitled to obtain an additional test or tests at the expense of such person; and
(5) The refusal to submit to a test may be offered into evidence against the person at trial. Failure to provide any notice required under this subsection shall not invalidate the suspension pursuant to this Code section of any driver's license."
Section 4. Said title is further amended by striking subsection (c) of Code Section 40-567.1, relating to suspension of a driver's license for refusal to submit to testing, in its en tirety and inserting in lieu thereof the following:
"(c) If a person under arrest or a person who was involved in any traffic accident result ing in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results and a review of the driver's prior driving record indicate that a suspension or disqualification is required under this Code section, the results shall be reported to the department, such review of the driver's record ahall be completed at the time of such arrest or accident or within the ten day period prior to aubmission of the aworn report to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driv ing or was in actual physical control of a moving motor vehicle upon the highway or else where throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either a blood alcohol concentration of 0.10 grams or more or, for a person under the age of 18, a blood alcohol concentration of &96 0.04 grams or more, the department shall suspend the person's driver's license, permit, or nonresident operating privilege pursuant to Code Section 40-5-67.2, subject to review as provided for in this chapter. A person's license ahall not be administratively suspended for the first time pursuant to the immediately preceding sentence unlcaa, in addition to any other requirement for that suspension, that person's licenac haa previously been administra tively suspended or the person has been convicted of or had a plea of nolo contcndcrc ac cepted within the previous five ycara, as measured from the datca of previous arreata for which a suspension was obtained to the date of the current arrest, to a charge of violating any provision of this chapter for which any test may be required under Code Section 40 66; Upon the receipt of a sworn report of the law enforcement officer that the arrested person had been operating or was in actual physical control of a moving commercial motor vehicle and the test results indicate a blood alcohol concentration of 0.04 grams or more, the department shall disqualify the person from operating a motor vehicle for a minimum pe riod of one year."
Section 5. Said title is further amended by striking subsection (f) of Code Section 40-567.1, relating to service of notice of suspension, in its entirety and inserting in lieu thereof the following:
"(f) (1) The law enforcement officer, acting on behalf of the department, shall person ally serve the notice of intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test and review of the driver's prior driving reeed indicates that suspension or disqualification is required under this Code section. The law enforcement officer shall take possession of any driver's license or permit held by any person whose license is subject to suspension pursuant to subsection (c) or (d) of this Code section, if any, and shall issue a 36 30 day temporary permit. The officer shall forward the person's driver's license to the department along with the notice of intent to suspend or disqualify and the sworn report required by subsection (c) or (d) of this Code section within ten calendar days after the date of the arrest of such person. This paragraph shall not apply to any person issued a 180 day temporary permit pursuant to subsection (b) of Code Section 40-5-67. The failure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the Department of Public Safety from accepting

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such report and utilizing it in the suspension of a driver's license as provided in this Code section.
(2) If notice has not been given by the arresting officer, the department, upon receipt of the sworn report of such officer, shall suspend the person's driver's license, permit, or non resident operating privilege or disqualify such person from operating a motor vehicle and, by regular mail, at the last known address, notify such person of such suspension or disqual ification. The notice shall inform the person of the grounds of suspension or disqualification, the effective date of the suspension or disqualification, and the right to review. The notice shall be deemed received three days after mailing."
Section 6. Said title is further amended by striking subsection (g) of Code Section 40-567.1, relating to service of notice of suspension, in its entirety and inserting in lieu thereof the following:
"(g) (1) A person whose driver's license is suspended or who is disqualified from operat ing a commercial motor vehicle pursuant to this Code section shall request, in writing, a hearing within five ten calendar business days from the date of personal notice or receipt of notice sent by certified mail, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the depart ment shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administra tive Procedure Act.' The hearing shall be recorded.
(2) The scope of the hearing shall be limited to the following issues:
(A) Whether the law enforcement officer had reasonable grounds to believe the person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391; or
(B) Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality; and
(C) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test; and
(D) Whether the person refused the test; or
(E) Whether a test or tests was administered and the results indicated a blood alcohol concentration of 0.10 grams or more or, for a person under the age of 18, a blood alcohol concentration of 6r96 0.04 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, a blood alcohol concentration of 0.04 grams or more; and
(F) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investiga tion on a machine approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the opera tor's permit showing that the operator has been trained on the particular type of machine used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.
(3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the driver's license suspension or disqualifi cation. If no hearing is requested within the five calendar ten business days specified above, and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the driver's license; provided, however, that if the hearing is timely requested and is not held before the expiration of the temporary permit and the

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delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officer's decision is made^
(4) In the event the person is acquitted of a violation of Code Section 40-6-391 or such charge is initially disposed of other than by a conviction, then the suspension shall be termi nated and deleted from the driver's license record. In the event that a plea of nolo contendere is accepted to a charge of violating Code Section 40-6-391, then the suspension shall be terminated, provided that the accepted plea of nolo contendere shall be entered on tEe driver's license record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 40-6-391. In the event of an acquittal, accepted plea of nolo contendere, or other disposition other than by a conviction, the driver's license restora tion fee shall be promptly returned by the Department of Public Safety to the licensee."
Section 7. Said title is further amended by striking Code Section 40-5-67.2, relating to terms and conditions for administrative license suspensions for driving under the influence, in its entirety and inserting in lieu thereof the following:
"40-5-67.2. (a.) Any driver's license required to be suspended under subsection (c) of Code Section 40-5-67.1 shall be suspended subject to the following terms and conditions:
(1) Upon the first suspension pursuant to subsection (c) of Code Section 40-5-67.1 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three ycaro one year. One hundred and twenty days Not sooner than 30 days following the expiration of the 20 day temporary driving permit effective date of suspension, the person may apply to the Department of Public Safety for reinstatement of his or her driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program ap proved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended pursuant to Code Section 405-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Depart ment of Human Resources and pays the prescribed restoration fee.
(2) Upon the second or subsequent suspension pursuant to subsection (c) of Code Sec tion 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is ob tained, the period of suspension shall be for five three years. Not sooner than one hundred and twenty days following the effective date of suspension, the person may apply to the Department of Public Safety for reinstatement of the person's 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 res toration fee of $210.00 or $200.00 when process by mail. A driver's license suspended pursu ant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee.
(3) Upon the third or subsequent suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspen sions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for five years. A driver's license suspended pursuant to Code Section 40-5-67.1 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. The driver may apply for a probationary license pursuant to Code Section 40-5-58 after the expiration of two years from the expiration of the 20 day temporary permit effective date of suspension.
(b) An administrative license suspension pursuant to Code Section 40-5-67.1 shall be

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counted toward fulfillment of any period of suspension subsequently imposed as a result of a conviction of violating Code Section 40-6-391 which arises out of the same violation for which the administrative license suspension was imposed. An administrative license suspen sion pursuant to Code Section 40-5-67.1 shall run concurrently with any revocation of such driver's license pursuant to a subsequent determination that such person is a habitual violator.
(c) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driv ing skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay a restoration fee of $210.00 or $200.00 when processed by mail.
(d) Any other provision of law to the contrary notwithstanding, a driver with no previ ous conviction for a violation of Code Section 40-6-391 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, during the period of administrative suspension contemplated under t6h4i7s" chapter, shall be entitled to a limited driving permit as provided in Code Section 40-5-
Section 8. Said title is further amended by striking Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, in its entirety and inserting in lieu thereof the following:
"40-6-391. (a) A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(3) Under the combined influence of alcohol and any drug to the extent that it is less safe for the person to drive;
(4) The person's alcohol concentration is 0.10 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
(5) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.
(b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use.
(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 conviction with no 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 dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere 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

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(B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated; and
(C) Not less than 40 hours of community service;
(2) For the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere 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) 4*) A period of imprisonment of not less than 90 days nor more than 12 months. The judge, at hia At the sole discretion and under such terms and conditions as he the judge shall impose, the judge may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this paragraph; ; and
(ii) The judge, at his aolc discretion, may suspend, stay, or probate the minimum 48 hour term of imprisonment not aubjcct to 3U3Pcnsion, stay, or probation under division (i) of thia aubparagraph, provided that a condition of the auapcnsion, stay, or probation of the minimum 48 hour term of imprisonment shall be that the defendant shall perform not
(C) Not less than 80 hours of community service; or
(3) For the third or subsequent conviction within a five-year period of time, as mea sured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is 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; ad
(B) {i} A mandatory period of imprisonment of not less than 120 days nor more than 12 months. The judge, at hia At the sole discretion and under such terms and conditions as he the judge shall impose, the judge may suspend, stay, or probate all but ten days of any term of imprisonment imposed under this paragraph? ; and
(ii) The judge, at hia aolc discretion, may auspcnd, atay, of probate the minimum ten day-term of imprisonment not subject to suspension, stay, or probation under division (i) of thia aubparagraph, provided that a condition of the auapcnsion, stay, or probation of the mmmrem ten day term of imprisonment ahall be that the defendant shall perform not
(C) Not less than 36 20 days of community service;
44) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction.
(d) (1) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section.
(2) Notwithstanding any provision of this Code section to the contrary, any court au thorized to hear cases involving violations of this Code section shall be authorized to exer cise the power to probate, suspend, or stay any sentence imposed. Such power shall, how ever, be limited to the conditions and limitations imposed by subsection (c) of this Code section.
(e) The foregoing limitations on punishment also shall apply when a defendant has been convicted of violating, by a single transaction, more than one of the four provisions of subsection (a) of this Code section.

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(f) The provisions of Code Section 17-10-3, relating to general punishment for misde meanors including traffic offenses, and the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, shall not apply to any person convicted of violating any provision of this Code section.
(g) (1) If the payment of the fine required under subsection (c) of this Code section will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section.
(2) In the sole discretion of the judge, he or she may suspend up to one-half of the fine imposed under paragraph (3) of subsection (c) of this Code section for a third or subsequent conviction conditioned upon the defendant's undergoing an alcohol or drug treatment pro gram approved by the court.
(h) For purposes of determining under this chapter prior convictions of or pleas of nolo contendere to violating this Code section, in addition to the offense prohibited by this Code section, a conviction of or plea of nolo contendere to any of the following offenses shall be deemed to be a violation of this Code section:
(1) Any federal law substantially conforming to or parallel with the offense covered under this Code section;
(2) Any local ordinance adopted pursuant to Article 14 of this chapter, which ordinance adopts the provisions of this Code section; or
(3) Any previously or currently existing law of this or any other state, which law was or is substantially conforming to or parallel with this Code section.
(1) A person shall not drive or be in actual physical control of any moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in such person's blood, breath, or urine. Every person convicted of violating this subsection shall be guilty of a misdemeanor and, in addition to any disqualification resulting under Article 7 of Chapter 5 of this title, the 'Uniform Commercial Driver's License Act,' shall be fined as provided in subsection (c) of this Code section.
(j) (1) The clerk of the court in which a person is convicted a third time under subsec tion (c) of this Code section shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal no tices in the legal organ of the county in which such person resides or, in the case of nonresi dents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name, and address of the convicted person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made.
(2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such as sessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section.
(3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of con viction shall be immune from civil or criminal liability for such erroneous publication, pro vided such publication was made in good faith.
(k) A person under the age of 18 shall not drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is &96 0.04 grams or more at any time within three hours after such driving or being in physical control from alcohol con sumed before such driving or being in actual physical control ended. Every person convicted

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of violating this subsection shall be guilty of a misdemeanor for the first and second convic tions and upon a third or subsequent conviction thereof be guilty of a high and aggravated misdemeanor and shall be punished and fined as provided in subsection (c) of this Code section. No plea of nolo contendere shall be accepted for any person under the age of 18 charged with a violation of this Code section.
(1) A person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs. The offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child."
Section 9. Said title is further amended by striking subsection (a) of Code Section 40-6391.1, relating to pleas of nolo contendere, and inserting in its place a new subsection (a) to read as follows:
"(a) The decision to accept a plea of nolo contendere to a charge of violating Code Section 40-6-391 shall be at the sole discretion of the judge but, if such plea is accepted, the penalties provided for in subsection (c) of Code Section 40-6-391 shall be imposed; provided, however, that no such plea of nolo contendere shall be accepted if the person charged with violating Code Section 40-6-391 had an alcohol concentration of more than 0.15 at any time within three hours after driving or being in control of any moving vehicle from alcohol con sumed before such driving or being in control ended."
Section 10. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood with respect to alleged violations of driving under the influence of alcohol or drugs, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to meth ods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation on a machine which was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order and by an individual pos sessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to ap prove satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences;"
Section 11. The provisions of this Act shall apply only to cases arising out of arrests occurring on or after January 1, 1995, except that the provisions of Section 9 of this Act which restrict the acceptance of a plea of nolo contendere to a charge of violating Code Section 40-6-391 and the provisions of Section 8 of this Act changing the criminal penalties for violations of Code Section 40-6-391 shall become effective July 1, 1994, and except that the provisions of Section 6 of this Act, relating to the time for requesting a hearing on an administrative suspension, the stay of a suspension pending such hearing, and the early termination of an administrative suspension under certain conditions shall apply to cases pending on July 1, 1994.
Section 12. This Act shall become effective on January 1, 1995.
Section 13. 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 418.

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

Those voting in the affirmative were Senators:

Abernathy 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 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:

Alien Bowen

Henson

Langford of 35th (excused)

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 418.
The following bills were taken up to consider House action thereto:

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.
Senator Clay of the 37th moved that the Senate adhere to its amendment to HB 533 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 amendment to HB 533.
The President appointed as a Conference Committee on the part of the Senate, the following:
Senators Oliver of the 42nd, Langford of the 29th and Clay of the 37th.

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.
Senator Farrow of the 54th moved that the Senate adhere to its amendment to HB 897 and that a Conference Committee be appointed.

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2075

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to its amendment to HB 897.
The President appointed as a Conference Committee on the part of the Senate, the following:
Senators Farrow of the 54th, Thompson of the 33rd and Boshears of the 6th.

HB 492. By Representatives Mueller of the 152nd, Purcell of the 147th, Dixon of the 150th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to pro vide for a presumption that proficiency in Braille reading and writing is essential for the education of blind students; to provide for an inventory of Braille skills.
Senator Newbill of the 56th moved that the Senate insist on its amendment to HB 492.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 492.

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.
The House amendment was as follows:
Amend the Senate amendment as follows:
On the Senate Amendment on line 13 following the word "claims" and before the pe riod insert the following:
"; provided however that the provisions of this subsection shall not be construed to create any new claim not otherwise provided by law"
and
On the Senate Amendment on line 8 strike the word "persue" and insert the word "pursue".
Senator Edge of the 28th moved that the Senate agree to the House amendment to the Senate amendment to HB 471.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Broun of 46th ,,BBCrhuoerwte. oknns of 26th
Clay Coleman Crotts
Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Guhl IHHHTiealmrlbmisoern
Hooks Huggins Kemp
Langford of 29th Madden Marable

McGuire Middleton Newbill Oliver Parrish Pollard K.*D, aa.TMegaa_nn ootfc,. u3l,,l_2ftnknd,
Kay Slotln Taylor
Thomas Turner Walker

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Those not voting were Senators:

Alien Bowen Henson Isakson

Langford of 35th (excused) Perdue Ralston Robinson

Scott Starr Thompson Tysinger

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 471.
The following bill was taken up for the purpose of considering the Conference Commit tee report 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.
The Conference Committee report on HB 415 was as follows:
The Committee of Conference on HB 415 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 415 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

M Paul C. Broun Senator, 46th District

/a/ Ronald A. Crews Representative, 78th District

/s/ Arthur B. Edge, IV Senator, 28th District

/s/ John Carlisle Representative, 107th District

/s/ Mike Egan Senator, 40th District

/s/ Theo Titus III Representative, 180th District

Committee of Conference 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 certain terms; to provide for the criminal offense of offering to assist in the commission of suicide and committing an act in furtherance thereof; to provide for the offense of inducing a person by certain means to commit suicide; 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:

(1) 'Intentionally and actively assisting suicide' means direct and physical involvement, intervention, or participation in the act of suicide which is carried out free of any threat, force, duress, or deception and with understanding of the consequences of such conduct.

(2) 'Suicide' means the intentional and willful termination of one's own life.

(b) Any person who publicly 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

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suicide and commits any overt act to further that purpose is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
(c) Any person who knowingly and willfully commits any act which destroys the volition of another, such as fraudulent practices upon such person's fears, affections, or sympathies; duress; or any undue influence whereby the will of one person is substituted for the wishes of another, and thereby intentionally causes or induces such other person to commit or at tempt to commit suicide shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years.
(d) The provisions of this Code section shall not be deemed to affect any of the laws, in whole or in part, that may be applicable to the withholding or withdrawal of medical or health care treatment, including but not limited to, laws related to a living will, a durable power of attorney for health care, or a written order not to resuscitate."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Edge of the 28th moved that the Senate adopt the Conference Committee re port on HB 415.
On the adoption of the Conference Committee report, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Guhl Harbison Hemmer Hm
uHHTouogkgi sm. s
KemP Langford of 29th Marable McGuire Middleton

Those not voting were Senators:

Alien Bowen Coleman Farrow (excused) Henson

Isakson Langford of 35th (excused) Madden (excused) Newbill

Oliver Parrish Pollard Ragan of llth Ragan of 32nd Ralston R oRS.-,.loobtmi. nson Taylor Thomas Thompson Turner Tysinger
Perdue Scott Starr Walker (excused)

On the adoption of the Conference Committee report, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 415.
The following bills were taken up to consider House action thereto:
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.

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The House substitute was as follows:

A BILL
To be entitled an Act 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 Service Com mission; to define a certain term; to provide exceptions; to provide that the failure of a telecommunications utility or company to provide access to a live operator shall not serve as a basis for a cause of action for personal injuries or damage to property; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service generally, is amended by adding at the end thereof a new Code Section 46-5-26 to read as follows:
"46-5-26. (a) Each telecommunications utility and telecommunications company that provides operator service shall ensure that a caller may obtain access to a live operator through a method designed to be easily and clearly understandable and accessible to the caller. A telecommunications utility or telecommunications company shall submit to the Public Service Commission the method by which the telecommunications utility or telecom munications company shall provide access to a live operator for review, except for a telecom munications utility or telecommunications company whose operator services are under the jurisdiction, regulation, and rules of the Public Service Commission. This Code section ap plies regardless of the method by which the telecommunications utility or telecommunica tions company provides the operator service. The requirements of this Code section shall not apply to telephones located in prisons or jail facilities or to wireless telecommunication services. For the purpose of this Code section, 'operator services' means services that are provided when a caller dials '0'.
(b) The failure of a telecommunications utility or telecommunications company to pro vide access to a live operator as required in subsection (a) of this Code section shall not serve as the basis for a cause of action for personal injuries or damage to property."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Brown of the 26th moved that the Senate agree to the House substitute to SB 539.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Baugh Blitch Boshears BBDrroowunn oofcf 4o26o6-tt.hhu rB, urt, on Cheeks Clay
Crotts
Day
Dean

Gillis Guhl Harbison Hemmer uHHiolol ki s TK^ emp Langford of 29th Marable
Middleton
Newbill
Oliver

Those voting in the negative were Senators:

Balfour Edge

Glanton Gochenour

Parrish Pollard Ragan of 32nd j^ay Rn0 oKb.i,.n-s=on^ O0]COt.t felotln Taylor Thomas Thompson Turner
McGuire

WEDNESDAY, MARCH 16, 1994

2079

Those not voting were Senators:

Alien Bowen Coleman Farrow (excused) Henson

Muggins Isakson Langford of 35th (excused) Madden (excused) Perdue

Ragan of llth Ralston Starr Tysinger Walker (excused)

On the motion, the yeas were 35, nays 5; the motion prevailed, and the Senate agreed to the House substitute to SB 539.

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 House substitute was as follows:

A BILL
To be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to 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 OF GEORGIA:
Section 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, is amended by adding 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 along with any revenues received therefrom shall be prepared by the clerk of the superior court and submitted 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.
Senator Pollard of the 24th moved that the Senate agree to the House substitute to SB 456.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour

Baugh Blitch

Boshears Broun of 46th

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Burton Cheeks Coleman Crotts
Glanton Gochenour Guhl

Harbison Hemmer Hill
Hooks Kemp Langford of 29th McGuire Middleton
Newbill Parrish Pollard

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

Those not voting were Senators:

Alien Bowen Brown of 26th Clay (excused) Farrow (excused) Henson

Huggins Isakson Langford of 35th (excused) Madden (excused) Marable (excused) Oliver (excused)

Perdue Starr Thomas Walker (excused)

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 456.

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 House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for certain con tracts for school psychology services with persons certified by the Professional Standards Commission notwithstanding their not being licensed; to change certain requirements for assessments for graduation purposes; to change the standards for the exemption from cer tain evaluations; to provide for "high-achieving exempt schools"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the elementary and secondary education, is amended by adding after Code Section 20-2-156, a new Code section to read as follows:
"20-2-157. A local unit of administration shall be authorized to contract for school psy chology services with an individual certified by the Professional Standards Commission in school psychology. The certified individual shall be authorized to practice school psychology for the local unit of administration notwithstanding any contrary provision contained in Chapter 39 of Title 43 which requires such individuals to be licensed thereunder."
Section 1.1. Said chapter is further amended by adding at the end of Code Section 202-281, relating to the assessments of the effectiveness of educational programs, the following:
"(e) The curriculum-based assessment to be administered in grade 11 for graduation

WEDNESDAY, MARCH 16, 1994

2081

purposes pursuant to this Code section shall be field tested for no less than two years and shall have a preestablished scoring system which identifies passing scores for each battery on the test and for the graduation test in its entirety. This scoring system shall be approved by the State Board of Education prior to administration of the graduation test and shall not be changed without full disclosure of such changes to each of the local boards of education and the General Assembly. The test, when administered to students in grade 11 prior to spring, 1995, shall be for continued field testing purposes and the results thereof may not be used for graduation purposes. The test shall not be administered to students in grade 11 for graduation purposes prior to spring, 1995."
Section 2. Said chapter is further amended by striking subsection (e.l) of Code Section 20-2-282, relating to evaluation of schools, and inserting in its place the following:
"(e.l) The state board shall, subject to the requirements of subparagraph (a)(l)(D) of this Code section, establish criteria for determining whether local schools significantly ex ceed expectations based on performance of students in educational programs. A school's expectation shall be calculated based on the demographic characteristics of its student body, so as to allow for comparisons between schools to be made on an equitable basis. Local schools which score in the highest 36 30 percent of a demographic group of comparable schools will be deemed to be significantly exceeding expectations in a given year and desig nated 'high-achieving exempt schools.' Schools designated as high-achieving exempt schools will not be subject to comprehensive evaluations for those functions described in subparagraph (a)(l)(B), (a)(l)(C), or (a)(l)(I) of this Code section, as long as the school maintains the designation 'high-achieving exempt school.' Schools and school districts which have had a standards review within the last four years will continue on the five-year cycle as man dated by law."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Newbill of the 56th moved that the Senate disagree to the House substitute to SB 436.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 436.
The following bill was taken up for the purpose of considering the Conference Commit tee report 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 Conference Committee report was as follows:
The Committee of Conference on HB 690 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 690 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Don Cheeks Senator, 23rd District
/s/ Richard Marable Senator, 52nd District
/s/ Walter Ray Senator, 19th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Roy Barnes Representative, 33rd District
/s/ Charles Smith, Jr. Representative, 175th District
/s/ Matt Towery Representative, 30th District

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Committee of Conference 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.
ft) (5) 'Director' means the director of the Georgia Crime Victims Emergency Fund CriminarTustice Coordinating Council.
{&) (6) 'Fund' means the Georgia Crime Victims Emergency Fund.
{6) (7) 'Investigator' means an investigator of the board.
f7-) (8) 'Victim' means a person who suffers financial hardship as a result of a personal physical injury, 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:

WEDNESDAY, MARCH 16, 1994

2083

"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 shall receive the same per diem expense allowance as that received by members of the General Aaacmbly for each day a board member is in at tendance at a meeting of the board, plus reimbursement for actual transportation costa in curred while traveling by public carrier or the mileage allowance authorized for certain state officials and cmploycca for the uac of a personal automobile in connection with such attend' anco. The above shall 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 3uch cmploycco necessary to aaaiat the director in carrying out the pi-ovi siona of this chapter. Such employees ahall be subject to Chapter 20 of Title 46, relating to the state merit ayatem;
(2) To contract for services from attorneys, actuaries, investigators, and other special ized personnel as shall be ncccaaary 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;
44} (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;
4$) (4) To apply for funds from, and to submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crime and to receive and administer federal funds for the purposes of this chapter;
?} (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 in stances 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 before any third party;

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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 oFIts 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 fets 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 confiderT 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.
(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

WEDNESDAY, MARCH 16, 1994

2085

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; ef
(4) Any person who is a victim of family violence as denned by Code Section 19-13-1 and anyone who is a victim as a result of a violation of Code Section 40-6-391T; 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 injuri ous 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 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.'1
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;

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(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 aggregated; 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 aggregated
(2) No award under this chapter for the following losses shall exceed the maximum amount authorized:
Category_____________________________________Maximum Award
Lost Wages________________________________________$5,000.00
Funeral Expenses_____________________________________3,000.00
Financial Hardship or Loss of Support________________________5,000.00
Medical___________________________________________5,000.00
Counseling_________________________________________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 reduced 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;
(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.

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2087

(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 10 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 thereto 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.
Senator Cheeks of the 23rd moved that the Senate adopt the Conference Committee report on HB 690.
On the adoption of the Conference Committee report, 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 Burton CChroetetkss Day Dean Edge Gillis Glanton

Guhl Harbison Hemmer
Hill Hooks H mg T, KfemP Langford of 29th McGuire Middleton Newbill Parrish

Pollard Ragan of llth Ragan of 32nd
Ralston Ray Robinson 0 .. ^Slotm Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Alien Bowen Brown of 26th Clay (excused) Coleman Egan

Farrow (excused) Gochenour Henson Langford of 35th (excused) Madden (excused) Marable (excused)

Oliver (excused) Perdue Starr Thompson

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On the adoption of the Conference Committee report, the yeas were 40, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 690.
The following bill was taken up to consider the Conference Committee report thereon:

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.

The Conference Committee report was as follows:
The Committee of Conference on HB 1333 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1333 be adopted.
Respectfully submitted,

FOR THE SENATE:
M Arthur C. Guhl Senator, 45th District
/s/ Rooney L. Bowen Senator, 13th District
/s/ Don Cheeks Senator, 23rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Ralph Twiggs Representative, 8th District
1st Michael Snow Representative, 2nd District
/s/ Robert Harris Representative, 112th District

Committee of Conference substitute to HB 1333:
A BILL
To be entitled an Act to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Public Safety, so as to repeal certain provisions relating to participation in political campaigns by employees of the department; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Public Safety, is 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 right aa a citizen to express hia opinion and to cast his vote.
4b) 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.
(c) Any employee of the department found to have violated thia Code section ahall be terminated from the department."

WEDNESDAY, MARCH 16, 1994

2089

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 Cheeks of the 23rd moved that the Senate adopt the Conference Committee report on HB 1333.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour
Baugh Boshears Broun of 46th Burton Cheeks Coleman Day Dean Gillis Glanton

Guhl Harbison
Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th McGuire Middleton Parrish

Perdue Pollard Ragan of llth j^ay Robinson
Starr Taylor Turner Tysinger

Those voting in the negative were Senators:

Edge Isakson

Newbill Ragan of 32nd

Ralston Walker

Those not voting were Senators:

Alien Blitch Bowen Brown of 26th Clay (excused)

Crotts Egan Farrow (excused) Gochenour Langford of 35th (excused)

Madden (excused) Marable (excused) Oliver (excused) Thomas Thompson

On the motion, the yeas were 35, nays 6; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1333.
The following resolution was taken up to consider House action thereto:
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 amendment was as follows:
Amend the Senate amendment to HR 943 by striking from said amendment the following:
"word 'which' on page 2 line 12 and inserting in lieu thereof the word 'and' ",
and inserting in lieu thereof the following:
"words:

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'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 increasing cooperation between such providers which outweighs the public benefits of competition',
and inserting in lieu thereof on page 2 the following:
'shall have the power by general law to authorize contracts or agreements among health care providers and others for the provision of health care services which may have the effect of lessening competition if the benefits and advantages to the public of such contracts or agreements outweigh the disadvantages' ".
Senator Walker of the 22nd moved that the Senate agree to the House amendment to the Senate amendment to HR 943.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Broun of 46th Burton Cheeks Clay Coleman Dean
Edge
Gillis
Guhl
Harbison

Hemmer Henson Hill Hooks Huggins Isakson Kemp Langford of 29th Marable McGuire Middleton
Newbill
Parrish
Perdue
Pollard

Ragan of llth Ragan of 32nd Ralston Rav Robinson Scott Slotin ,, *, Taylor Thomas
Thompson
Turner
Tysinger
Walker

Voting in the negative were Senators Day and Glanton.

Those not voting were Senators:

Alien Bowen Brown of 26th Crotts

Egan Farrow (excused) Gochenour

Langford of 35th (excused) Madden (excused) Oliver (excused)

On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HR 943.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 31. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and Isakson of the 21st: A bill to provide for an additional judge of the superior court of the Cobb Judi cial Circuit; to provide for the initial appointment and subsequent election of

WEDNESDAY, MARCH 16, 1994

2091

such judge and of such judge's successors; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Cobb Judicial Circuit.
The Speaker has appointed on the part of the House, Representatives Walker of the 141st, Groover of the 125th and Porter of the 143rd.
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 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.
The Speaker has appointed on the part of the House, Representatives Lord of the 121st, Culbreth of the 132nd and Williams of the 114th.
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 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.
The Speaker has appointed on the part of the House, Representatives Cox of the 160th, Royal of the 164th and Greene of the 158th.
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 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 Speaker has appointed on the part of the House, Representatives Godbee of the 145th, Buck of the 135th, and Hammond of the 32nd.

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The following bill was taken up to consider House action thereto:

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 House amendment was as follows: Amend SB 394 as follows: Page 3 on line 6, strike the word "affidavit" and insert the word "application" Beginning on line 14, delete the sentence "The tax commissioner shall provide affidavit forms for this purpose." On line 17 delete the word "tax" and "of the county or the designee thereof On line 19 delete "and" and insert the word "which." On line 27 substitute the word "application" for the word "affidavit." Senator Isakson of the 21st moved that the Senate agree to the House amendment to SB 394. On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Broun of 46th Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan

Gillis Glanton Guhl Harbison Hemmer Henson Hooks Isakson Kemp Langford of 29th Marable McGuire Middleton Newbill

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

Those not voting were Senators:

Abernathy Alien Bowen Brown of 26th Farrow (excused)

Gochenour Hill Huggins Langford of 35th (excused) Madden (excused)

Oliver (excused) Robinson Scott Walker

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 394.

WEDNESDAY, MARCH 16, 1994

2093

The following bill was taken up to consider House action thereto:

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.
Senator Isakson of the 21st moved that the Senate adhere to the Senate substitute to HB 1308 and that a Conference Committee be appointed.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1308.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Isakson of the 21st, Walker of the 22nd and Pollard of the 24th.
The following bill was taken up to consider the Conference Committee report thereon:

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.
The Conference Committee report was as follows:
The Committee of Conference on HB 1810 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1810 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Hugh M. Gillis Senator, 20th District

M Cathy Cox Representative, 160th District

/s/ Walter S. Ray Senator, 19th District

/s/ Robert Hanner Representative, 159th District

/s/ Richard O. Marable Senator, 52nd District

/s/ Gregory H. Kinnamon Representative, 4th District

Committee of Conference substitute to HB 1810: A BILL

To be entitled an Act 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 Planning and Budget shall effectuate the purposes of decentralization of state government; to provide for strategic plans to decentralize state government; to provide a penalty; to amend Article 2 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to administrative space management, so as to provide that the department will effectuate the purposes of decentralization with its space management authority; to provide for standards for cost ef fectiveness and decentralization; to repeal the Advisory Board on Space Management; to

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provide factors to be used in decentralization; to provide for a penalty; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the office of the Governor, is amended by striking paragraph (6) of Code Section 45-12-73, relating to powers and duties of the Office of Planning and Budget, in its entirety and in serting in its place the following:
"(6) Develop a long-term capital improvements budget which emphasizes decentraliza tion of state government and which is consistent with the overall strategic plan for consider ation by the General Assembly;"
Section 2. Said chapter is further amended by adding at the end of Code Section 45-1278, relating to heads of budget units to submit annual estimates of budget, a new subsection to read as follows:
"(e) To effect the goal of decentralization, prior to September 1 of each year, the Office of Planning and Budget shall send all requests for new, expanded, relocated, or renovated rental real estate space to the Department of Administrative Services for an evaluation to determine conformity with Article 2 of Chapter 5 of Title 50, the 'State Space Management Act of 1976.' The Department of Administrative Services shall return such evaluation to the Office of Planning and Budget prior to the Governor's submission of the budget to the Gen eral Assembly as provided in Code Section 45-12-79."
Section 3. Said chapter is further amended by striking subsection (b) of Code Section 45-12-85, relating to examination and investigation of periodic work programs by the Office of Planning and Budget, in its entirety and inserting its place the following:
"(b) The Governor through the Office of Planning and Budget shall seek to effect econ omy, efficiency, decentralization of state government, and sound fiscal management in re viewing budget allotment requests and may make such changes to the budget allotment requests to meet these goals and objectives and which are consistent with and subject to the method and provisions contained in the General Appropriation Appropriations Act. Upon determination that the requested budget allotment conforms with the approved work pro gram and meets the above-mentioned goals and objectives, the Governor shall execute his or her warrant on the treasury for the funds included in the approved budget allotment. Not withstanding any authorization for expenditure included in an appropriations Act, all ap propriations in excess of the approved budget allotments for the budget year, as determined by the Office of Planning and Budget, shall cease to be an obligation of the state. The Office of Planning and Budget shall notify the Office of Legislative Budget Analyst and the Budg etary Responsibility Oversight Committee of any such action with appropriate supporting information."
Section 4. Said chapter is further amended by striking Code Section 45-12-88, relating to budget units to furnish information to the Budgetary Responsibility Oversight Commit tee, in its entirety and inserting in its place the following:
"45-12-88. When any budget unit has plans to institute any new program, it shall be the duty of the head of such unit to furnish to the Budgetary Responsibility Oversight Commit tee, on September 1 prior to the convening date of the session at which appropriations to finance such program are to be sought, a description of the program, the reason for seeking to institute such program, the operating procedure of such program, the manner in which it conforms to the organization's strategic plan as well as the state strategic plan, the extent to which the facilities and staff to implement or provide the program will be decentralized, and any other information which would be helpful to the members of the committee in determining whether or not to appropriate funds therefor. The members shall also be furnished with the projected cost to implement the program fully."
Section 5. Said chapter is further amended by striking subsections (a) and (b) of Code

WEDNESDAY, MARCH 16, 1994

2095

Section 45-12-95, relating to duty of Office of Planning and Budget to encourage cost-saving measures by state agencies, in its entirety and inserting in their place the following:
"(a) It is the intent of the General Assembly to encourage state agencies to identify and implement cost-saving measures and to decentralize state government.
(b) It is the duty of the Office of Planning and Budget to assist state agencies in identi fying and implementing measures that provide current services to the public at a reduced cost or improved services to the public at the same cost and that whenever possible, consis tent with such objectives, those services be administered or provided from facilities that are decentralized."
Section 6. Said chapter is further amended by striking subsection (a) of Code Section 45-12-175, relating to preparation of long-range development plans by the Office of Planning and Budget, in its entirety and inserting in its place the following:
"(a) The Governor, through the Office of Planning and Budget, shall have in continuous process and revision a strategic plan for the state as a whole. This plan shall be updated at least on an annual basis and shall cover a minimum period of time as determined by the Office of Planning and Budget, but not less than five years. It shall have as its primary goal the improved fiscal responsibility and responsiveness of state government and the effective and efficient delivery of services throughout the geographic area of the state with an empha sis on decentralizing state government. The goals and strategies contained in this state stra tegic plan shall be reflected by the various departments, boards, bureaus, commissions, in stitutions, authorities, and other agencies of state government, as respectively applies, in the development of their own strategic plans which specifically deal with their respective future directions and organizational missions. Each strategic plan developed by each department, board, bureau, commission, institution, authority, and other agency of state government shall contain a description of its future direction; a statement of its organizational mission; a description of the current and anticipated future needs being addressed by its preferred future direction and organizational mission; a description of planned actions designed to address these needs; a description of the goals for the program or services to be improved; a course of action for achieving the planned improvements, including an implementation timetable; a description of the evaluation system to be used to determine if the goals are being attained; an estimated annual cost for each planned improvement of a program or service; all efforts to decentralize its administrative and operational functions; and all other items as the Office of Planning and Budget may deem necessary. Each department, board, bureau, commission, institution, authority, and other agency of state government shall sub mit its own strategic plan to the Office of Planning and Budget as supporting information for the budget estimates required under Code Section 45-12-78."
Section 7. Said chapter is further amended by striking the word "and" at the end of paragraph (5) of subsection (d) of Code Section 45-12-178, relating to ongoing review by the Governor through the Office of Planning and Budget of all programs and functions in state government, by redesignating paragraph (6) as paragraph (7), and by inserting a new para graph (6) to read as follows:
"(6) Information describing the locations at which the program is operated and admin aisntedr"ed and the extent to which the operation and administration could be decentralized;
Section 8. Said article is further amended by striking subsection (a) of Code Section 50-5-32, relating to administrative space utilization management, in its entirety and in serting in its place the following:
"(a) The department is given the authority and charged with the duty of managing the utilization of administrative space by all state agencies in a manner that is the most cost efficient and operationally effective and which provides decentralization of state govern ment. Such management shall include the authority to assign and reassign administrative space to state agencies based on the needs of the agencies as determined by standards for administrative space utilization promulgated by the commissioner pursuant to Code Section

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50-5-33 and shall include the obligation to advise the Office of Planning and Budget and state agencies and departments of cost effective, decentralized alternatives."
Section 9. Said article is further amended by striking subsection (a) of Code Section 50-5-33, relating to commissioner to promulgate space utilization standards, in its entirety and inserting in its place the following:
"(a) The commissioner is authorized and directed to develop and promulgate standards governing the utilization of administrative space by all state agencies which require empha sis on cost effectiveness and decentralization. The standards shall be uniformly applied to all state agencies except as otherwise provided by subsection (b) of this Code section; but the standards shall recognize and provide for different types of administrative space re quired by the various state agencies and the different types of administrative space that may be required by a single state agency."
Section 10. Said article is further amended by striking Code Section 50-5-34, relating to state agencies to apply to department for space assignment, in its entirety and inserting in its place the following:
"50-5-35. Any state agency requiring any administrative space shall apply therefor to the department on forms prescribed by the department for such purpose; and the depart ment shall assign the space to the agency in conformity with the standards governing the utilization of administrative space promulgated pursuant to Code Section 50-5-33 and re quirement of cost effectiveness and decentralization."
Section 11. Said article is further amended by striking Code Section 50-5-35, relating to the creation of Advisory Board on Space Management, which reads as follows:
"50-5-34. (a) The Advisory Board on Space Management is created. The board shall consist of five members: the Secretary of State, chairman; the state auditor; an appointee of the Governor who is not the Attorney General; the Commissioner of Agriculture; and the commissioner of administrative services.
(b) The board shall meet on the call of the chairman for the purpose of reviewing for mally submitted disagreements by affected agency heads concerning department directed space assignments or reassignments. Such formal submission shall consist of a fully docu mented case history supporting the agency's disagreement, shall be signed by the agency head, and shall be forwarded to the commissioner. The commissioner shall refer the formal submissions to the chairman on a timely basis. Following a thorough review, and after reaching a majority opinion, the board shall make recommendations to the Governor as to the disposition of the disagreement.",
in its entirety and inserting in its place the following:
"50-5-35. For purposes of cost effectiveness and decentralization, the following factors, among other factors, shall be considered:
(1) Dual location of programs within a city should be considered in order to take advan tage of possible economies of scale and as a matter of convenience to the general public; or
(2) When all factors are reasonably equivalent, preferences will be given to location of state government programs and facilities in those counties which are determined by the Department of Community Affairs to be the most economically depressed, such term shall mean those 80 counties of the state designated as 'less developed' under the Job Tax Credit Program."
Section 12. Said article is further amended by striking Code Section 50-5-39, relating to liberal construction of article, in its entirety and inserting in its place the following:
"50-5-39. This article shall be liberally construed so as to effectuate the purposes and the intent of the General Assembly."
Section 13. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, MARCH 16, 1994

2097

Senator Gillis of the 20th moved that the Senate adopted the Conference Committee report on HB 1810.

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

Those voting in the affirmative were Senators:

Balfour Baugh Blitch Boshears Broun of 46th Burton Cheeks Clay Coleman Crotts Dean Gillis

Gochenour Guhl Harbison Henson Hill Hooks Huggins Isakson Kemp Marable McGuire Middleton

Perdue Pollard Ragan of llth Ralston Ray Scott Starr Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Day Edge Egan

Glanton Newbill

Ragan of 32nd Slotin

Those not voting were Senators:

Abernathy Alien Bowen Brown of 26th Farrow (excused)

Hemmer Langford of 35th (excused) Langford of 29th Madden (excused) Oliver (excused)

Parrish Robinson Thomas Walker

On the motion, the yeas were 35, nays 7; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1810.
The following bills were taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act 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 compensation of the members of such board; to provide for organization, quorum, and meetings of such board and its duties

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and powers; to provide for qualifications, compensation, and duties and powers of hearing officers; to provide for initial administrative appeal hearings and for intervention therein; to provide for review board actions regarding the decisions of hearing officers; to provide for evidence in such proceedings; to prohibit certain ex parte contracts; to provide for final decisions and appeals thereof; to provide for legal counsel; to provide for awards of attor ney's fees and expenses of litigation; to provide for judicial review; 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 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, is amended by striking paragraph (7) of subsection (b) of Code Sec tion 31-6-21, relating to the Health Planning Agency generally, and inserting in its place the following:
"(7) To provide, by rule, for such fees as may be necessary to cover the costs of prepar ing the record for appeals before the hearing officers and review board of the decisions of the planning agency, which costs may include reasonable sharing between the planning agency and the parties to appeal hearings;".
Section 2. Said chapter is further amended by striking subsection (i) of Code Section 31-6-21.1, relating to procedures for rule making by the Health Planning Agency, and in serting in its place a new subsection (i) to read as follows:
(i) The state health plan or the rules establishing considerations, standards, or similar criteria for the grant or denial of a certificate of need pursuant to Code Section 31-6-42 shall not apply to any application for a certificate of need as to which, prior to the effective date of such plan or rules, respectively, the evidence has been closed following a full evidentiary hearing before the review board a hearing officer."
Section 3. Said chapter is further amended by striking Code Section 31-6-44, creating the Health Planning Review Board, and inserting in its place the following:
"31-6-44. (a) There is created the Health Planning Review Board, which shall be an agency separate and apart from the planning agency. The review board shall be composed of members appointed by the Governor, two from each congressional district, and ahall include three attorneys. The Governor shall appoint persona to the board who arc familiar with the health care industry but who do not have a financial intcrcot in any health care facility. The Governor ahall alao name the chairman of the review board who ahall be an attorney. The purpose of That review board which existed on June 30, 1994, is continued in existence after that date but on and after July 1, 1994, shall be constituted as provided in this subsection. Those members of the Health Planning Review Board serving as such on January 1, 1994, or any person selected to fill a vacancy in such memb)ergshj^ip shall continue to serve as such members until July 1, 1994, at which time the terms of office of such members shall expire. On and after July 1, 1994, the review boarJ shall be to conHuet appeal hearings on decisions of the planning agency, as set forth in thia Code section. The review board shall promulgate reasonable rules for its operation and rules of procedure for the conduct of its hearings. The members composed of 11 members appointed by the Governor, with one from each congres sional district. The Governor shall appoint persons to the review board who are familiar with the health care industry but who do not have a financial interest in or represent or have any compensation arrangement with any health care facility. The Governor shall also name from among such members a chairperson and a vice chairperson of the review board, both of whom shall be attorneys licensed to practice law in this state. The vice chairperson shall have the same authority as the chairperson; provided, however, the vice chairperson shall not exercise such authority unless expressly delegated by the chairperson or in the event the chairperson becomes incapacitated, as determined by the 9.overnor' ^acanc'e^ " the board caused by resignation, death, or any other cause shall be filled for the unexpired terni in the same manner as the original appointment. No person required to register with the Secretary of State as a lobbyist or registered agent shall be eligible for appointment by the Governor to the board.

WEDNESDAY, MARCH 16, 1994

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(b) The purpose of the review board shall be to review decisions made by hearing officers~as provided in subsection (h) of this Code section. At least a quorum of the review board shall meet at lease once every month to review hearing officer decisions unless there are not any decisions for it to review. For purposes of this subsection, a quorum shall consist of five members of the review board, including either the chairperson or the vice chairper son. The review board shall promulgate reasonable rules for its operation and rules of proce dure for the conduct of review board meetings and initial administrative appeal hearings held by the appointed hearing officers. Subject to the limitations stated in this subsection and in subsection (c) of this Code section, the review board shall formulate and approve a list of at least five and not more than ten attorneys who shall serve as hearing officers for appeals which are assigned to them by the chairperson of the review board. Each such attor ney approved to be included on the list of hearing officers shall be an active member of the State Bar of Georgia in good standing, and each such attorney must have maintained such active status for the five years immediately preceding such person's respective approval. The members of the review board shall receive no salary but shall be reimbursed for their ex penses in attending meetings and for transportation costs as authorized by Code Section 457-21, which provides for compensation and allowances of certain state officials, and the chairperson and vice chairperson shall also be compensated for their services rendered~to the review board outside of attendance at an appeal hearing a review board meeting, the amount of which compensation shall be determined according to regulations of the Depart ment of Administrative Services. Hearing officers to whom a case has been assigned shall receive compensation determined to be appropriate and reasonable by the review board. Such compensation to the members of the review board and to hearing officers shall be made by the Department of Administrative Services.
{te} (c) Any applicant for a project, or any competing applicant, or any competing health care faculty that has notified the planning agency prior to its decision that such facility is opposed to the application before the planning agency, or any county or municipal govern ment in whose boundary boundaries the proposed project will be located, who is aggrieved by a decision of the planning agency shall have the right to an initial administrative appeal hearing before a three member panel of the review board hearing officer or to intervene in such hearing. Such request for hearing shall be the administrative remedy for decisions of the planning agency. Such hearing shall be requested or intervention shall be made within 30 days of the date of the decision made pursuant to Code Section 31-6-43. Within 2&-4ay of the filing of such request, the chairman In the event that an appeal is requested, the chairperson of the review board shall name the panel appoint a hearing officer for each such hearing, and the panel shall include one lawyer, who shall be the chairmaiToTthc panel, and two nonlnwycr members of the review board. A member of the review board from the con grcssional district in which the proposed project ia located ahall be one of such three mem bers of the panel, unless both aueh members have a conflict of interest, in which case any other member of the review board may serve. Within 40 days of the filing of the request for a hearing, the chairman of the panel within 50 days after the date of the decision made pursuant to Code Section 31-6-43. Within 14 days after the appointment of the hearing officer, such hearing officer shall set the date or dates for the hearing and shall provide the parties with written notice mailed at least 14 days before the date of commencement of such hearing. The hearing shall be commenced within 120 days of the filing of the request for a hearing, unless the applicant consents or, in the case of competing applicants, all applicants consent to an extension of this time period to a specified date. The chairman of the panel Unless the applicant consents or, in the case of competing applicants, all applicants consent to an extension of said 120 day period, any hearing officer who fails to commence a hearing within the required time period shall not be eligible for continued service as a hearing officer for the purposes of this Code section. The hearing officer shall have the authority to dispose of all motions made by any party before the issuance~of the hearing officer's decision and shall make such rulings as may be required for the conduct of the hearing.
(e> (d) In fulfilling the functions and duties of this chapter, the pemel hearing officer shall act, and the hearing shall be conducted as a full evidentiary hearing, in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' relating to contested

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cases, except as otherwise specified in this Code section. AH Subject to the provisions of Article 4 of Chapter 18 of Title 50, all files, working papers, studies, notes, and other writ ings or information used by the planning agency in making its decisions decision shall be public records and available to the parties, and the chairman of the panel hearing officer may permit each party to exercise such reasonable rights of prehearing discovery of such information used by the parties as will expedite the hearing.
{d} (e) The issue for the decision by the panel hearing officer shall be whether, and the panel hearing officer shall order the issuance of a certificate of need if, in the panel's hearing officer's judgment the application is consistent with the considerations as set forth in Code Section 31-6-42 and the planning agency's rules, as the panel hearing officer deems such considerations and rules applicable to the review of the project. The panel hearing officer shall also consider whether the planning agency committed prejudicial procedural error in its consideration of the application. Within 80 days of the conclusion of the hearing, the panel shall make written findings of facts and conclusions of law as to each such considera tion or rule, including a detailed statement of the rcasono for the decision of the panel The hearing officer shall also consider whether the appeal lacks substantial justification and whether such appeal was undertaken solely for the purpose of delay or harassment. Appel lants or applicants shall proceed first with their cases before the panel hearing officer in the order determined by the chairman of the panel hearing officer, and the planning agency, if a party, shall proceed last. In the event of a consolidated hearing on applications which were joined pursuant to subsection (d) of Code Section 81-6-42 31-6-43, the review board hearing officer shall have the same powers specified for the planning agency in subsection (d) of Code Section 31-6-42 to iaauc 31-6-43 to order the issuance of no certificate of need or one or more certificates of need.
{e) (f) Unless otherwise agreed by the parties, all All evidence shall be presented at the hearing Initial administrative appeal hearing conductecTby the appointed hearing officer. A party or intervenor may present any relevant evidence on all issues raised by the panel hearing officer or any party to the hearing or revealed during discovery, except that, unless in response to an issue raised by an opponent or the panel hearing officer or revealed during discovery, a party or intervenor may not present a new need study or analysis that is sub stantially different from any such study or analysis submitted to the planning agency prior to its decision and that could reasonably have been available for submission to the planning agency prior to its decision. Except for such limitation on new studies or analyses, the panel hearing officer may consider the latest data available, including updates of studies previously submitted, in deciding whether an application is consistent with the applicable consid erations and or rules.
(g) Within 30 days after the conclusion of the hearing, the hearing officer shall make written findings of fact and conclusions of law as to each consideration as set forth in Code Section 31-6-42 and the planning agency's rules, including a detailed statement of the rea sons for the decision of the hearing officer. If any party has alleged that an appeal lacks substantial justification and was undertaken solely for the purpose of delay or harassment, the decision of the hearing officer shall make findings of fact addressing the merits of the allegation. Immediately upon rendering a decision, the hearing officer shall file such decision with the review board, serve such decision upon all parties, and transmit the administrative record to the chairperson of the review board. Any party, including the planning agency, which disputes any finding of fact or conclusion of law rendered by the hearing officer in such hearing officer's decision and which wishes to appeal that decision to the review board shall file such party's specific objections thereto with the review board within 30 days of such party's receipt of the hearing officer's decision.
(h) The decision of the hearing officer will become the final decision of the planning agency upon the sixty-first day following the receipt of the decision by the review board unless an objection thereto is filed within the time limit established in subsection (g) of this Code section and within 60 days of the receipt of the hearing officer's decision by the review board:

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(1) At least a quorum of the review board meets to review such decision and, by a

majority vote of those members present at the meeting, decides whether to affirm, reverse^

or modify the hearing officer's decision or to remand the case to the hearing officer for fur

ther consideration; or

'

(2) At the request of any party which participated in the initial administrative hearing before" the hearing officer, or upon its own initiative, the chairperson or the chairperson's designee extends the time period for review of such decision. However, the review board may not extend the time period for review of such decision for longer than 45 daysT

The chairperson or vice chairperson shall set the date for the review board meeting and provide the parties with written notice mailed at least 14 days prior to such meeting. Within 30 days after meeting to review such hearing officer's decision, either the chairperson or the vice chairperson of the review board shall, on behalf of the review board members present at such meeting, issue a written order which memorializes the decision of the review board reached by such majority vote. In the event the review board reverses or modifies the hear ing officer's decision, the review board shall issue a written decision explaining why such changes were made. However, the review board shall not reverse findings of fact made by the hearing officer unless the review board specifically finds that the hearing officer's find ings of fact are not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the 'any evidence' standard contained in other statutory provisions. If, before the date set for the review board's meeting, application is made to the chairperson for leave to present additional evidence and it is shown to the satisfaction of the chairperson that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the hearing officer, the chairperson may order that the additional evidence be taken before the same hearing officer who rendered the initial decision upon conditions determined by the chairperson. The hearing officer may modify the initial deci sion by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decision with the review board. Unless leave is given by the chairperson in accordance with the provisions of this subsection, the review board may not consider new evidence under any circumstances. In all circumstances, the review board's decision shall be based upon considerations as set forth in Code Section 31-6-42 and the planning agency's rules.

{f} (i) After the issuance of a decision by the planning agency pursuant to Code Section 31-6-43, no party to an appeal hearing, nor any person on behalf of any such party, shall make an ex parte contact with the hearing officer appointed to conduct the appeal hearing or any member of the review board in regard to a project under appeal.

(g) (j) The decision of the panel Unless the hearing officer's decision becomes the plan ning agency's decision by operation ofTaw as provided in subsection (h) of this Code section, the final decision of the review board shall become the planning agency's decision by opera tion of law. Such final decision shall be the final agency decision for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The appeals process provided by this Code section shall be the administrative remedy only~for decisions made by the plan ning agency pursuant to Code Section 31-6-43 which involve the approval or denial of appli cations for certificates of need.

{h) (k) In the event that the review board, ita chairman, or a panel of the review board or its chairperson or vice chairperson requires legal counsel, the chairman chairperson or vice chairperson shall make a request for such advice to the Attorney General

(1) If, based, upon the findings of the hearing officer, the review board determines that the appeal filed by any party of a decision of the planning agency lacks substantial justifica tion and was undertaken solely for the purpose of delay or harassment, the review board may enter an award in its written order against such party and in favor of the successful party or parties, including the planning agency, of all or any part of their respective reason able and necessary attorney's fees and expenses of litigation, as the review board deems just.

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Such award may be enforced by any court undertaking judicial review of the final decision. In the absence of any petition for judicial review, then such award shall be enforced, upon due application, by any court having personal jurisdiction over the party against whom such an award is macteT
{j> (m) Any party to the initial administrative appeal hearing conducted by the ap pointed hearing officer, excluding the planning agency, may seek judicial review of the pancl'a final decision in accordance with the method set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that in conducting such review, the court may reverse or modify the final decision only if substantial rights of the appellant have been prejudiced because the procedures followed by the planning agency, the hearing officer, or the review board; or the administrative findings, inferences, and conclusions;-an{ decision of the review board contained in the final decision are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the agency;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the 'any evidence' standard contained in other statutory provisions; or
(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwar ranted exercise of discretion."
Section 4. Those provisions of this Act relating to the appointment of members of the Health Planning Review Board to take office on July 1, 1994, shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective July 1, 1994.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Ray of the 19th moved that the Senate agree to the House substitute to SB 627.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Broun of 46th Burton CClhaeyeks
Coleman Crotts
Day
Dean
Edge
Egan

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson HHouogkgsins
Isakson Kemp
Marable
McGuire
Middleton
Newbill

Oliyer Perdue Pollard Ragan Of llth Ragan of 32nd Ralston R "Scaoytt
blotln Taylor
Thompson
Turner
Tysinger
Walker

Those not voting were Senators:

Alien Bowen

Brown of 26th Farrow (excused)

Hill Langford of 35th (excused)

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Langford of 29th Madden (excused)

Parrish Robinson

Starr Thomas

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 627.

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 amendment was as follows:
Amend the Senate amendment to HB 1187 as follows:
By striking the figure "12" on line 5, and inserting "13" and by striking all on lines 11 through 14
Senator Perdue of the 18th moved that the Senate agree to the House amendment to the Senate amendment.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Alien Bowen Brown of 26th

Guhl Langford of 35th (excused) Parrish

Robinson Starr Thomas

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1187.
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.

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Senator Perdue of the 18th moved that the Senate insist on its amendment to HB 929.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 929.
The following bill was taken up for the purpose of considering the Conference Commit tee report thereto:

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 Conference Committee report was as follows:
The Committee of Conference on HB 1489 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1489 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Sonny Perdue Senator, 18th District
Sallie Newbill Senator, 56th District

/s/ Eric B. Johnson Representative, 153rd District
/s/ A. Richard Royal Representative, 164th District

/s/ Ronald D. Slotin Senator, 39th District

/s/ Jimmy Skipper Representative, 137th District

Committee of Conference 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:

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(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 unincorporated areas of the county and the obligation of all residents of the county for the maintenance and prosperity of the central business district and the unincor porated areas of the county;
(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; ami
(8) Any coordinated plan of county and municipal service delivery and financing.
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 popula tions of all such absent municipalities is less than one-half of the aggregate population of all qualified municipalities located within the special district, the submitting political subdivi sions shall, in behalf of the absent municipalities, specify a percentage of that portion 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 por tion 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 located 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 commissioner by March 1, 1980, for those special districts in which the tax authorized by this article 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 day of the next calendar year following the month in which the commissioner receives a certificate as pro vided in this Code section, which certificate shall provide other percentages upon which the commissioner shall make the distribution to the political subdivisions entitled to the pro ceeds 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

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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 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.

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2107

(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 a reduced percentage of distribution than presently being re ceived 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 para graph shall apply only to the negotiations required by paragraph (7) of this subsection and shall not apply to any subsequent renegotiations required by this subsection.
(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 moved that the Senate adopt the Conference Committee report on HB 1489.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Baugh Bowen Broun of 46th Brown of 26th Cheeks Clay Coleman Crotts Dean Farrow Gillis

Harbison Hill Hooks Huggins Isakson Kemp Madden Marable Middleton Oliver Parrish

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

Those voting in the negative were Senators:

Balfour Blitch Boshears Burton Day Edge

Egan Glanton Gochenour Guhl Hemmer

McGuire Newbill Ragan of 32nd Ralston Thomas

Those not voting were Senators:

Alien Henson

Langford of 35th (excused) Tysinger

Langford of 29th

Walker

On the motion, the yeas were 34, nays 16; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1489.

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The following bill was taken up to consider House action thereto:

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.
Senator Crotts of the 17th moved that the Senate insist on its amendment to HB 1798.
On the motion, the yeas were 36, nays 2; the motion prevailed, and the Senate insisted on its amendment to HB 1798.
The following bill was taken up for the purpose of considering the Conference Commit tee report thereto:

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.
The Conference Committee report was as follows:
The Committee of Conference on HB 1376 recommends that both the Senate and the House of Representative recede from their positions and that the attached Committee of Conference Substitute to HB 1376 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Mike D. Crotts Senator, 17th District
/s/ David Ralston Senator, 51st District
/s/ Steve B. Farrow Senator, 54th District

/s/ Bobby Harris Representative, 112th District
/s/ Carlton H. Colwell Representative, 7th District
/s/ Alan Powell Representative, 23rd District

Committee of Conference substitute to HB 1376: A BILL

To be entitled an Act 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 certain definitions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," is amended by striking paragraphs (22) and (24) of Code Section 40-5-142, relating to definitions relative to commercial drivers, in its entirety and inserting in lieu thereof the following:
"(22) 'Serious traffic violation' means:
(A) Speeding 15 or more miles per hour above the posted speed limit; er
(B) Reckless driving, as defined under state or local lawy ;
(C) Following another vehicle too closely, as defined under state or local law;
(D) Improper or erratic lane change which presents a risk to any other vehicle, but not including failure to signal a lane change; or

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2109

(E) A violation, arising in connection with a fatal accident, of state law or a local ordi nance, relating to motor vehicle traffic control, excluding parking, weight, length, height, and vehicle defect violations."
"(24) 'Tank vehicle' means any commercial motor vehicle designed to transport any liquid, powdered, or gaseous materials within a tank that is either permanently or tempora rily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks as defined by federal law. However, the term 'tank vehicle' shall not include a portable tank having a rated capacity under 1,000 gallons."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Crotts of the 17th moved that the Senate adopt the Conference Committee report on HB 1376.
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
oWen tAatl, Broun of 46th Brown of 26th Burton
Coleman Crotts Day Dean Edge

Egan Farrow Gillis Glanton Gochenour
Guhl HaMson Hemmer
Henson Hill H ks Huggins Kemp Langford of 29th Madden

McGuire Middleton Newbill Parrish Perdue
Pollard Ragan of 32nd Rafgton _Ro,bi. nson Scott slotm Starr Taylor Thomas Turner

Those not voting were Senators:

Alien Isakson Langford of 35th (excused) Marable

Oliver Ragan of llth Ray

Thompson Tysinger Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1376.
The President stated at this time the Senate would consider in open session the ap pointments submitted by His Excellency, Governor Zell Miller, in communication to the Senate on February 22, 1994, which appears in the Journal of February 22, 1994.
Senator Taylor of the 12th asked unanimous consent that the reading of the appoint ments be dispensed with since they had been printed and distributed by the Secretary to each Senator, and that one roll call suffice on all appointments, unless any Senator desig nated any appointee be deleted from the list and voted on individually. The consent was granted.
The Committee on Higher Education submitted the following report which was read by the Secretary:

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The State Senate Atlanta, Georgia 30334
March 8, 1994
Mr. Frank Eldridge, Jr. Secretary of the Senate 351 State Capitol Atlanta, Georgia 30334
Dear Mr. Eldridge:
The Senate Committee on Higher Education met on Tuesday, March 8th, and consid ered the Governor's appointees to the Board of Regents of the University System of Georgia and voted unanimously to recommend to the Senate that the following appointees be confirmed:
Mr. Kenneth W. Cannestra of Fulton County, term of office beginning February 8, 1994 and ending January 1, 2001.
Mr. Dwight H. Evans of DeKalb County, term of office beginning July 13, 1993 and ending January 1, 2000.
Mr. Ed Jenkins of Pickens County, term of office beginning February 8, 1994 and end ing January 1, 2001.
Sincerely,
Is/ Sonny Perdue Chairman
The Committee on Education submitted the following report which was read by the Secretary:

The State Senate Atlanta, Georgia 30334
March 10, 1994
Mr. Frank Eldridge, Jr. Secretary of the Senate 351 State Capitol Atlanta, Georgia 30334
Dear Mr. Eldridge:
The Senate Committee on Education met on Thursday, March 10th, and considered the Governor's appointees to the Board of Education of Georgia and voted unanimously to rec ommend to the Senate that the following appointees be confirmed:
Mr. Albert Billingslea of Bibb County, term of office beginning August 12, 1993 and ending January 1, 1995.
Mr. A. Joe McGlamery of Bulloch County, term of office beginning November 10, 1993 and ending January 1, 1995.
Sincerely,
/a/ Jack Hill
On the confirmation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch

Boshears Bowen Broun of 46th Brown of 26th

Burton Cheeks Clay Coleman

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

Hill Hooks Huggins Isakson Kemp Langford of 29th Madden McGuire Middleton Newbill Oliver Perdue

Those not voting were Senators:

Alien

Marable

Egan

Parrish

Langford of 35th (excused) Ray

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

On the confirmation, the yeas were 48, nays 0, and all the appointees were confirmed.
On the confirmation of the above appointees, the following communication was sent by the Secretary of the Senate to His Excellency, Governor Zell Miller:
Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334
March 16, 1994
Honorable Zell Miller Governor State Capitol Atlanta, Georgia
Dear Governor Miller:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on February 22, 1994, were acted upon by the Georgia State Senate in Session on March 16, 1994, with the following results:
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Danny J. Brown of Washington County, as a member of the Georgia Agricul tural Exposition Authority for the term of office beginning September 10, 1993 and ending July 1, 1994. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Mary Edenfield of Houston County, as a member of the Georgia Agricultural Exposition Authority for the term of office beginning September 10, 1993 and ending June 30, 1995. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable John T. Mitchell of Bibb County, as a member of the Georgia Agricultural Exposition Authority for the term of office beginning September 10, 1993 and ending June 30, 1996. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.

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The following named persons as members of the 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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Jim Millirons of Clayton County, as a member of the Asbestos Licensing Board for the term of office beginning December 8, 1993 and ending June 30, 1996. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Herbert Adams, Jr. of DeKalb County, as a member of the Asbestos Licens ing Board for the term of office beginning January 3, 1994 and ending June 30, 1996. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable David Pursley of DeKalb County, as a member of the Georgia Board of Ath letic Trainers for the term of office beginning August 2, 1993 and ending January 31, 1998. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Kay Lynette Edgecombe of DeKalb County, as a member of the Georgia Board of Athletic Trainers for the term of office beginning January 3, 1994 and ending Jan uary 31, 1998. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable John S. Strickland of Colquitt County, as a member of the Georgia Auction eers Commission for the term of office beginning July 7, 1993 and ending August 14, 1996. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Peter A. DeSantis, Jr. of Thomas County, as a member of the Georgia Auc tioneers Commission for the term.of office beginning January 7, 1994 and ending August 14, 1998. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 July 25, 1995. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Barbers for the term of office beginning February 7, 1994 and ending December 29, 1996: Jimmie F. Rollins of Camden County; and Winston Strickland of Bartow County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The following named persons as members of the Board of Children and Youth Services for the term of office beginning October 26, 1993 and ending July 6, 1998: Susan Dunwoody of Bibb County; and James Robert Locklin of Clarke County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 Au gust 20, 1994. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Kelly M. Reed, Jr. of Henry County, as a member of the Georgia Board of

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Chiropractic Examiners, for the term of office beginning November 4, 1993 and ending Au gust 20, 1996. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Edgar Roberts of Lowndes County, as a member of the Board of Corrections for the term of office beginning August 5, 1993 and ending July 1, 1995. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable James H. Cowart of DeKalb County, as a member of the Board of Correc tions for the term of office beginning August 5, 1993 and ending July 1, 1996. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the 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 Troup County; Charles B. Webster of Richmond County; and William J. Wetherington of Muscogee County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
Honorable Lillie Dumas of Fulton County, as a member of the State Board of Cosme tology, for the term of office beginning January 5, 1994 and ending May 1, 1995. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia 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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Board of 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 Praag of Fulton County. The vote on this confirma tion was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Albert Billingslea of Bibb County, as a member of the State Board of Educa tion, for the term of office beginning August 12, 1993 and ending January 1, 1995. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Charles R. Armour of DeKalb County, as a member of the State Board of Education for Professional Engineers and Land Surveyors, for the term of office beginning March 1, 1994 and ending June 1, 1998. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 begin ning March 1, 1994 and ending July 1, 1998. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of 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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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

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of Tift County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
Honorable Sharon Dolliver of Bibb County, as a member of the State Board of Regis tration for Foresters, for the term of office beginning February 10, 1994 and ending March 19, 1998. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Deana W. Womack of Cobb County, as a member of the Health Strategies Council, for the term of office beginning June 15, 1993 and ending July 1, 1995. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Human Resources for the term of office beginning April 6, 1993 and ending April 6, 1998: James L. Alien of Tift County; and Tommy C. Olmstead of Bibb County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
Honorable Jane Carithers of Cobb County, as a member of the Board of Human Re sources, for the term of office beginning May 3, 1993 and ending April 6, 1997. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Terrell Alien of Troup County, as a member of the Board of Human Re sources, for the term of office beginning September 23, 1993 and ending April 6, 1996. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Industry, Trade and Tourism for the term of office beginning July 8, 1993 and ending July 1, 1998: W. Frank Barren, Jr. of Floyd County; and John Hunt of Tift County and Robert W. Kinard of Whitfield County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
Honorable Ronald E. Elliott of Clarke County, as a member of the Joint Board of Fam ily Practice, for the term of office beginning September 10, 1993 and ending July 1, 1994. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.

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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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 end ing December 31, 1997. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 ending January 1, 1999. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Arnold Tenenbaum of Chatham County, as a member of the Board of Direc tors of the Georgia Lottery Corporation, for the term of office beginning May 21, 1993 and ending December 15, 1994. The vote on this confirmation was yeas 48, nays 0, and the nomi nee was confirmed.
Honorable E. Penn Nicholson of DeKalb County, as a member of the Board of Direc tors of the Georgia Lottery Corporation, for the term of office beginning February 9, 1994 and ending December 15, 1997. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Magistrate Courts Training 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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
Honorable Beauty P. Baldwin of Gwinnett County, as a member of the Board of Medi cal Assistance, for the term of office beginning August 4, 1993 and ending June 30, 1997. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confir mation was yeas 48, nays 0, and the nominees were confirmed.
Honorable J. D. Caswell of Gwinnett County, as a member of the Board of Natural

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Resources, for the term of office beginning July 29, 1993 and ending March 16, 1999. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 Douglas County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of 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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
Honorable Ann Greeson of Gordon County, as a member of the State Board of Occupa tional Therapy, for the term of office beginning November 17, 1993 and ending December 31, 1995. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Stephen E. Stanford 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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Examiners 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. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Wayne Garner of Carroll County, as a member of the State Board of Par dons and Paroles, for the term of office beginning April 7, 1993 and ending December 31, 1999. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.

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Honorable John T. Sherrer of Cobb County, as a member of the State Board of Phar macy, for the term of office beginning November 17, 1993 and ending November 1, 1998. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Physical Therapy for the term of office beginning October 19, 1993 and ending August 30, 1996: Denice Mooney of Irwin County; and Patricia H. Willis of Gwinnett County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 September 13, 1993 and ending July 1, 1997. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
Honorable Kathryn Milner Shehane of Douglas County, as a member of the Profes sional Standards Commission, for the term of office beginning August 25, 1993 and ending July 1, 1996. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable George E. Junnier of Fannin County, as a member of the Georgia Real Es tate Appraisers Board, for the term of office beginning November 8, 1993 and ending July 1, 1998. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 begin ning March 22, 1993 and ending June 24, 1995. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Lue Roche of Clayton County, as a member of the State Board of Examiners for Speech-Language Pathology and Audiology, for the term of office beginning October 14, 1993 and ending July 1, 1995. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the 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 vote on this confirmation was confirmation was yeas 48, nays 0, and the nominees were confirmed.

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Honorable Greer Johnson of DeKalb County, as a member of the Stone Mountain Me morial Association, for the term of office beginning July 21, 1993 and ending February 24, 1997. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Technical and Adult Education for the term of office beginning July 12, 1993 and ending June 30, 1998: Gwen Goodman of Chatham County; Eugene Hunt of Richmond County; and Daniel B. Rather of Fulton County. The vote on this confirmation was confirmation was yeas 48, nays 0, and the nominees were confirmed.
Honorable Barbara M. Driscoll of Fulton County, as a member of the State Children's Trust Fund Commission, for the term of office beginning October 28, 1993 and ending June 30, 1994. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nomi nees were confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
Honorable Dwight H. Evans of DeKalb County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning July 13, 1993 and ending January 1, 2000. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Regents of the University System of Georgia for the term of office beginning February 8, 1994 and ending January 1, 2001: Kenneth W. Cannestra of Fulton County; and Ed Jenkins of Pickens County. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
Honorable W. Wayne Reaves of Bibb County, as a member of the State Board of Regis tration of Used Car Dealers, for the term of office beginning May 19, 1993 and ending June 30, 1996. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Fred Thomas Fincher, Sr. of Troup County, as a member of the Veterans Service Board, for the term of office beginning July 21, 1993 and ending April 1, 1999. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Wallace Rhodes of Troup County, as a member of the State Board of Exam iners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, for the term of office beginning March 31, 1993 and ending June 30, 1995. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Honorable Harrill Dawkins of Rockdale County, as a member of the State Board of

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Workers' Compensation, for the term of office beginning May 1, 1993 and ending May 1, 1997. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
Sincerely,
M Frank Eldridge, Jr. Secretary of the Senate
The following bills and resolution were taken up to consider House action thereto:

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 House substitute was as follows:

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 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; to provide for the free replacement of a driver's license due to a change of the licensee's name or address; to pro vide for limitations; 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 licenses, is amended by striking subsection (a) of Code Section 40-5-25, relating to license applications and fees, and inserting in its place a new subsection (a) of Code Section 40-5-25 to read as follows:

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

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

$ 10.00

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

(3) For Classes A and B drivers' licenses

15.00

(4) For application for Classes A, B, C, and M commercial drivers' licenses or a

Class P commercial driver's instruction permit

35.00

(5) For Class P commercial drivers' instruction permits for Classes A, B, C,

and M commercial drivers' licenses

15.00

(6) For Classes A, B, C, and M commercial drivers' licenses, initial issuance

requiring a road test

65.00

(7) For Classes A, B, C, and M commercial drivers' licenses, initial issuance not

requiring a road test .............................................. 15.00

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

15.00

(9) Initial issuance of Classes A, B, C, and M commercial drivers' licenses and

Class P commercial drivers' instruction permits shall include all endorse

ment fees within the license fee. Each endorsement added after initial

licensing ......................................................... 5.00

Except as provided in Code Section 40-5-36, relating to veterans' licenses, and Code Section 40-5-149, relating to application fees for public school bus drivers, there shall be no excep tions to the fee requirements for a commercial driver's license or a commercial driver's li cense permit. Notwithstanding any other provision of this Code section, the there shall be

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no fee whatsoever for replacement of any driver's license solely due to a change of the licen see's name or address shall be $10.00, provided that such replacement license shall be valid only for the remaining period of such original license; and provided, further, that only one such free replacement license may be obtained within any four-year period for which the license was originally issued."
Section 2. Said article is further amended by striking Code Section 40-5-33, relating to notices of change of name or address, and inserting in its place a new Code Section 40-5-33 to read as follows:
"40-5-33. Whenever any person, after applying for or receiving a driver's license, shall move from the address named in such application or in the license issued to him or her or when the name of a licensee is changed by marriage or otherwise, such person may apply to the department for a license showing the correct name or address within 30 60 days."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Turner of the 8th moved that the Senate agree to the House substitute to SB 416.
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 Bo wen Broun of 46th Burton Cheeks Clay Coleman Crotts Dean Edge Egan

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

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

Voting in the negative was Senator Day.

Those not voting were Senators:

Alien Brown of 26th Farrow (excused) Langford of 35th (excused)

Marable Parrish Ray

Scott Starr Walker

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 416.
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.

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2121

The House amendments were as follows:
House Amendment # 1:
Amend SB 451 by adding on line 16 of page 1 after the semicolon and before the word "to" the following:
"to authorize the adoption of resolutions by boards of directors of certain banks and bank holding companies to except such institutions from the provisions of such part; to provide for severability and intent;".
By adding between lines 6 and 7 of page 13 a new Section 7 to read as follows:
"Section 7. Said part is further amended by adding immediately following Code Section 7-1-626, relating to the rights of bank holding companies consisting of building and loan associations, a new Code Section 7-1-627 to read as follows:
'7-1-627. (a) Notwithstanding any provision of this part to the contrary, if the board of directors of a Georgia bank or Georgia bank holding company adopts a resolution to except such bank or bank holding company from being acquired pursuant to the provisions of this part and files a certified copy of such resolution with the Department of Banking and Fi nance in person or by certified mail, the bank or bank holding company may not be ac quired under this part. The board of directors may revoke the resolution by filing a certified copy of the revocation with the Department of Banking and Finance in person or by certi fied mail.
(b) Notwithstanding the provisions of subsection (a) of Code Section 7-1-625 to the contrary, in the event any provision of this Code section is declared or adjudged to be inva lid or unconstitutional, such declaration or adjudication shall not affect the remaining por tions of this part, which shall remain of full force and effect. The General Assembly declares that it would have enacted the remaining portions of this part if it had known that any provision of this Code section would be declared or adjudged invalid or unconstitutional.' "
By redesignating Section 7 as Section 8 on line 7 of page 13.
House Amendment # 2:
Amend SB 451 as follows:
Add new Section 7 on page 13 between line 6 & 7 as follows: "Section 7. The provision of this Act shall not become effective until July 1, 1995." And by renumbering both Section 7 as Section 8.
Senator Turner of the 8th moved that the Senate agree to the House amendments to SB 451.
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 Bowen Broun of 46th Burton Cheeks Clay Coleman
Dean Edge Egan Gillis

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

Middleton Newbill Oliver Perdue Pollard Ragan of llth RDRaaglfsa,tnonof 32nd Robinson Slotin Taylor Thomas Turner Tysinger

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Those not voting were Senators:

Alien Boshears (excused) Brown of 26th Crotts Farrow (excused)

Langford of 35th (excused) Marable Parrish Ray Scott

Starr Thompson (excused) Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 451.

SR 561. By Senator Blitch of the 7th: A resolution designating the Robert Lee Patten II Probation Boot Camp.

The House amendment was as follows:
Amend SR 561 as follows:
On page 1, lines 1 and 2, strike the words - "Boot Camp" and insert the words "Deten tion Center".
On page 2, lines 17 and 18, strike the words "Boot Camp" and insert "Detention Center".
On page 2, line 22, strike the words "Boot Camp" and insert the words "Detention Center".
Senator Blitch of the 7th moved that the Senate agree to the House amendment to SR 561.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Bowen Broun of 46th Burton Cheeks Clay Coleman Day Dean Edge Egan Gillis

Glanton Gochenour Guhl Harbison Hemmer Hill Hooks Huggins Isakson Kemp Madden Marable McGuire

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

Those not voting were Senators:

Abernathy Alien Blitch Boshears (excused) Brown of 26th Crotts

Farrow (excused) Henson Langford of 35th (excused) Langford of 29th Oliver Parrish

Ragan of llth Ralston R
y Scott Thompson (excused)

WEDNESDAY, MARCH 16, 1994

2123

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 561.
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.
The House amendments were as follows:
House Amendment #1:
Amend SB 521 by striking line 7 of page 1 and inserting the following:
"matters; to provide for automatic repeal; to repeal conflicting laws; and for other purposes."
By striking line 14 of page 3 and inserting the following:
"impairments available in other states.
30-7-5. This chapter will be automatically repealed on July 1, 1994, unless funds are appropriated for purposes of this chapter in an Appropriations Act making specific refer ence to this chapter.'"
House Amendment #2:
Amend SB 521 by inserting in line 26 of page 2 after the word "staff" the following:
", not to exceed eight positions,".
Senator Burton of the 5th moved that the Senate disagree with the House amendments.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to SB 521.
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 courts; 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.
The House amendment was as follows:
Amend SB 585 as follows:
Delete on page 2 - Lines 16 thru 21.
Amend caption accordingly.
Senator Burton of the 5th moved that the Senate agree to the House amendment to SB 585.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 585.
The following resolution was taken up to consider the Conference Committee report thereon:

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COMMITTEE OF CONFERENCE REPORT ON SR 203

SR 203. By Senators Hill of the 4th, Perdue of the 18th, Taylor of the 12th and others:
A resolution proposing an amendment to the Constitution so as to authorize counties and municipal corporations to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property lo cated in such county or municipal corporation with other counties or municipal corporations with which the assessing county or municipal corporation has con tracted; to provide for the submission of this amendment for ratification or rejection.

The Conference Committee report was as follows:
The Committee of Conference on SR 203 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 203 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Sonny Purdue Senator, 18th District

/s/ Larry Walker Representative, 141st District

/s/ Jack Hill Senator, 4th District

/s/ A. Richard Royal Representative, 164th District

/s/ J. Tom Coleman Senator, 1st District

/s/ Thurbert E. Baker Representative, 70th District

Committee of Conference substitute to SR 203: A RESOLUTION

Proposing an amendment to the Constitution so as to authorize counties and municipal ities to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property located in such counties or municipalities with certain other neighboring counties and municipal corporations with which the assessing county or munici pality has contracted for the purpose of development of regional facilities by such counties or municipalities; to provide for a definition; to provide for the allocation of certain other revenues; to provide for the public or private initiation of facilities; to provide for contract provisions concerning sharing of expenses and benefits and other matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV of the Constitution is amended by adding a new Para graph IV to read as follows:
"Paragraph IV. Tax allocation; regional facilities. As used in this Paragraph, the term 'regional facilities' means industrial parks, business parks, conference centers, convention centers, airports, athletic facilities, recreation facilities, jails or correctional facilities, or other similar or related economic development parks, centers, or facilities or any combina tion thereof. Notwithstanding any other provision of this Constitution, a county or munici pality is authorized to enter into contracts with: (1) any county which is contiguous to such county or the county in which such municipality is located; (2) any municipality located in such a contiguous county or the same county; or (3) any combination thereof. Any such contract may be for the purpose of allocating the proceeds of ad valorem taxes assessed and collected on real property located in such county or municipality with such other counties or municipalities with which the assessing county or municipality has entered into agreements for the development of one or more regional facilities and the allocation of other revenues

WEDNESDAY, MARCH 16, 1994

2125

generated from such regional facilities. Any such regional facility may be publicly or pri vately initiated. The allocation of such tax proceeds and other revenues shall be determined by contract between the affected local governments. Such contract shall provide for the manner of development, operation, and management of the regional facility and the sharing of expenses among the contracting local governments and shall specify the percentage of ad valorem taxes and other revenues to be allocated and the method of allocation to each con tracting local government. Unless otherwise provided by law, such a regional facility will qualify for the greatest dollar amount of income tax credits which may be provided for by general law for any of the counties or municipalities which have entered into an agreement for the development of the regional facility, regardless of the county or municipality in which the business is physically located. The authority granted to counties and municipali ties under this Paragraph shall be subject to any conditions, limitations, and restrictions which may be imposed by 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 be amended so as to authorize counties and cities to contract with neighboring counties and cities concerning regional facilities and the sharing of support of and benefits from such regional facilities?"

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.
Senator Hill of the 4th moved that the Senate adopt the Conference Committee report on SR 203.
On the adoption of the Conference Committee report, 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 BC,,Blruaorywt.onn of 26th
Coleman
Day
Dean Edge
Egan Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson HTHHTioulogl gki sins
Kemp
Madden
Marable McGuire
Middleton Oliver

Perdue Pollard Ragan of llth Ragan of 32nd Ralston r> S,,K0coo?b,t.m,t son,,
lotln
starr
Taylor Thomas
Turner Tysinger

Voting in the negative was Senator Newbill.

Those not voting were Senators:

Alien Boshears (excused)

Cheeks Crotts

Farrow (excused) Isakson

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Langford of 35th (excused) Parrish

Langford of 29th

Thompson (excused)

Walker

On the adoption of the Conference Committee report, the yeas were 44, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on SR 203.
The following bills and resolutions were taken up to consider House action thereto:
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 denning 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.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide for approval of sureties; to provide for a determination of 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 qualifications of bondspersons; 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 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and the procedure for such, is amended by adding a new subsec tion at the end thereof to read as follows:
"(j) For all persons who have been authorized by law or the court to be released on bail, sheriffs and constables shall accept such bail; provided, however, that the sureties tendered and offered on the bond are approved by the sheriff of the county in which the offense was committed."
Section 2. Code Section 17-6-15 of the Official Code of Georgia Annotated, relating to allowance of opportunity to give bail, is amended by striking subsection (b) in its entirety and inserting in its place the following:
"(b) (1) A reasonable opportunity shall be allowed the accused person to give bail; and, even after commitment and imprisonment, the committing court may order the accused person brought before it to receive bail. No person shall be imprisoned under a felony com mitment when bail has been fixed, if the person tenders and offers to give bond in the amount fixed, with sureties acceptable to the sheriff of the county in which the alleged of fense occurred; provided, however, the sheriff shall publish and pest make available written rules and regulations defining acceptable sureties and prescribing under what conditions sureties may be accepted. If the sheriff determines that a professional bonding company is an acceptable surety, the rules and regulations shall require, but shall not be limited to, the following:
(A) Complete documentation showing the composition of the company to be an individ ual, a~trust, or a group of individuals, whether or not formed as a partnership or other legal entity, or a corporation or a combination of individuals, trusts, and corporations;
(B) Complete documentation for all employees, agents, or individuals authorized to sign or act on behalf of the bonding company;

WEDNESDAY, MARCH 16, 1994

2127

(C) Complete documentation showing that the company holds a valid business license

in the jurisdiction where bonds will be written;

~

(D) Fingerprints and background checks of every individual who acts as a professional bondsperson as defined in Code Section 17-6-50 for the professional bonding company seek^ ing approval;

(E) Establishment of a cash escrow account or other form of collateral in a sum and upon terms and conditions approved by the sheriff;

(F) Establishment of application, approval, and reporting procedures for the professionaTbonding company deemed appropriate by the sheriff which satisfy all rules and regu lations required by the laws of this state and the rules and regulations established by the sheriff;

(G) Applicable fees to be paid by the applicant to cover the cost of copying the rules and regulations and processing and investigating all applications and all other costs relating thereto;"or

(H) Additional criteria and requirements for approving and regulating bonding compa nies to be determined at the discretion of the sheriff.

(2) This Code section shall not be construed to require a sheriff to accept a professional bonding company or bondsperson as a surety.

(3) This Code section shall not be construed to prevent the posting of real property bondlTand the sheriff may not prohibit the posting of property bonds , except the sheriff may require a cash reserve and property for the operation of professional bondsmen. Addi tional requirements for the use of real property may be determined at the discretion of the sheriff. The sheriff shall not prohibit a nonresident of the county from posting a real prop erty bond if such real property is located in the county in which it is offered as bond and if such property has sufficient unencumbered equity to satisfy the sheriff's posted rules and regulations as to acceptable sureties."

Section 3. Code Section 17-6-50 of the Official Code of Georgia Annotated, relating to persons deemed professional bondsmen, is amended by designating the current text as sub section (a) and adding a new subsection (b) to read as follows:

"(b) A professional bondsperson is one who holds himself or herself out as a signer or surety of bonds for compensation who must meet the following qualifications:

(1) Is 18 years of age or over;

(2) Is a resident of the State of Georgia for at least one year before making application to write bonds;

(3) Is a person of good moral character and has not been convicted of a felony or any crime involving moral turpitude; and

(4) Is approved by the sheriff and remains in good standing with respect to all applica ble federal, state, and local laws and all rules and regulations established by the sheriff in the county where the bonding business is conducted."

Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Kemp of the 3rd moved that the Senate agree to the House substitute to SB 630.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Bowen Broun of 46th

Brown of 26th Burton Cheeks Clay

Coleman Day Dean Edge

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Egan Gillis Glanton Gochenour
grHlauerlmVomi.soern Henson Hill Hooks Huggins

Kemp Madden Marable McGuire
M,JJTeiwddb. li.eU,,ton Ohver Perdue Pollard Ragan of 32nd

Those not voting were Senators:

Alien ^Bfh.t"c^h1 Boshears (excused) Crotts

Farrow (excused) Isakson Langford of 35th (excused) Langford of 29th

Ralston Ray Robinson Slotin Sm Ttaayirlror Thomas Turner Tysinger Walker
Parrish Ragan of llth Scott Thompson (excused)

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 630.
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 and election of members of said boards; to provide for taxes, fees, and assess ments; to provide for the boundaries of said districts.
The House amendment was as follows:
Amend SB 640 as follows:
On page 9, line 25, after the semi-colon add "and".
Senator Coleman of the 1st moved that the Senate agree to the House amendment.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 640.
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.
The House substitute was as follows:
A BILL
To be entitled an Act to create the Chatham County Recreation Authority and to au thorize such authority to acquire, construct, equip, maintain, and operate athletic and recre ational centers, facilities, and areas, including, but not limited to, playgrounds, parks, hik ing, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis

WEDNESDAY, MARCH 16, 1994

2129

courts, athletic fields and courts, club houses, gymnasiums, auditoriums, youth centers, sen ior citizen centers, stadiums, related buildings, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facili ties, to acquire parking facilities and parking areas in connection therewith, to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers and to impose duties on the authority, the determination of which shall be in the sole discretion of the Board of Commissioners of Chatham County; to provide for the membership and for the appointment of members of the authority; to authorize the authority to contract with others pertaining to such recrea tional facilities, to execute leases of such facilities, to convey title to real property of the authority in fee simple, and to do all things deemed necessary or convenient for the opera tion of such undertakings; to authorize the authority and other political subdivisions to enter into contracts pertaining to uses of such facilities and areas, which contracts and leases shall obligate the lessees to make payment for the use of such areas and facilities for the term thereof and to pledge to that purpose revenues derived from taxation; to provide that no debt of Chatham County or other political subdivisions, within the meaning of Arti cle IX, Section III, Paragraph I of the Constitution of the State of Georgia, shall be incurred by exercise of the powers granted; to authorize the issuance of revenue bonds or obligations of the authority; to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations and to secure the payment thereof; to define the rights of the holders of such bonds or obligations; to make the property of the authority exempt from taxation and assessment; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for construction; to provide for conveyance of property upon dissolu tion; to provide for severability; to create the Georgia International and Maritime Trade Center Authority and to authorize such authority to acquire, construct, equip, maintain, and operate projects or undertakings embracing buildings and facilities to be used for trade shows, for marketing import and export trade and other trade activities and conferences in connection therewith, and for conferences, amusement, or educational purposes, fairs, expo sitions, exhibitions, or marketing in connection therewith; to declare purposes and provide for the powers of the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to authorize the au thority to contract with others pertaining to its undertakings, to execute leases or other contracts, to convey title to real property, and to do all things deemed necessary or conven ient for the operation of such undertakings; to authorize the authority to enter into leases or other contracts with the State of Georgia or any of its authorities, departments, or agencies; to authorize the authority and other political subdivisions of the state, including specifically Chatham County and the mayor and aldermen of the City of Savannah, to enter into leases or other contracts pertaining to uses of such projects or undertakings; to make the property of the authority exempt from taxation and assessment; to fix the venue or jurisdiction of actions relating to any provisions of this Act; to provide for construction; to provide for conveyance of property upon dissolution; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1. This Act shall be known and may be cited as the "Chatham County Recrea tion Authority Act."
Section 2. (a) There is created a body corporate and politic to be known as the Chat ham County Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation. By that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in a courts of law and equity. The authority shall not be a state institution nor a department or agency of the state, but shall be an instrumentality of the state, a mere

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creation of the state, having a distinct corporate entity and being exempt from the provi sions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." The authority shall have its principal office in Savannah, Georgia, and its legal situs or residence for the purposes of this Act shall be Chatham County. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be oper ated by the authority as provided under the provisions of this Act.
(b) The authority shall consist of seven members who shall be residents of Chatham County and who shall be appointed by the Board of Commissioners of Chatham County. The Board of Commissioners of Chatham County shall initially appoint three members for terms of two years each and four for terms of four years each. After expiration of the initial terms, the terms of all members shall be four years.
(c) Members of the Board of Commissioners of Chatham County may be appointed to serve as members of the authority. However, the term of office of any such member on the authority shall only run concurrent with the member's service on the board of commission ers. No more than three members of the Board of Commissioners of Chatham County may serve as members of the authority at the same time.
(d) The members of the authority shall enter upon their duties immediately upon the next scheduled meeting.
(e) Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term.
(f) The authority shall elect one of its members as chairperson and another member as vice chairperson. The clerk of the Board of Commissioners of Chatham County shall be the secretary and treasurer. Said clerk shall not be a member of the authority.
(g) The county attorney shall be the attorney for the authority and serve as its counsel in all matters.
(h) Four members of the authority shall constitute a quorum. No vacancy on the au thority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority.
(i) The authority shall make rules and regulations for its own government. It shall have perpetual existence.
(j) Any member of the authority may be removed from office by the governing authority which appointed such member for failure to perform his or her duties as a member of the authority. Such failure shall include without limitation absence from three consecutive meetings of the authority, unless excused by reasonable grounds as determined by a major ity of the authority. Any office so vacated shall be filled within 60 days by appointment by the Board of Commissioners of Chatham County. The new appointee shall serve the remain der of the unexpired term to which he or she is appointed.
Section 3. As used in this Act, the term:
(1) "Authority" shall mean the Chatham County Recreation Authority created in Sec tion 2 of this Act.
(2) "Cost of the project" shall embrace the cost of acquisition and construction; the cost of all lands, properties, rights, easements, and franchises acquired and the cost of all con veyances in fee simple of the authority's title thereto and leases thereof; the cost of all machinery and equipment and financing charges and interest prior to and during construc tion and for one year after completion of construction; cost of engineering, architectural, fiscal, and legal expenses, and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative ex penses and such other expenses as may be necessary or incident to the financing authorized by this Act; the acquisition and construction of any project, and the placing of the same in

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operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.
(3) "Project" shall be deemed to mean and include the acquisition, construction, equip ping, maintenance, and operation of athletic and recreation centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picknicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, re lated buildings, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; the acquisition of parking facilities or parking areas in connection therewith; the acquisition of the necessary property therefor, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such recreational facilities and areas deemed by the authority to be necessary, convenient, or desirable.
(4) "Revenue bonds," "bonds," and "obligations," means revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall mean obligations of the authority the issuance of which are specifically provided for in this Act.
(b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom, including the antici pated revenues and earnings from the lease of any project, and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of acquiring, operating, maintaining and repairing improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
Section 4. (a) The authority shall have powers:
(1) To have a seal and alter the same at pleasure;
(2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of the same in any manner it deems to the best advantage of the authority. If the authority shall deem it expedient to construct any property on any lands the title to which shall then be in the State of Georgia, the Governor is authorized to convey for and in behalf of the state title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state of the reasonable value of such lands or upon the receipt of such lawful consideration as may be determined by the parties to such convey ance. If the authority shall deem it expedient to acquire and construct any project on any lands, the title to which shall then be in the name of the Board of Commissioners of Chat ham County or any municipality incorporated in said county, the governing authority or body of said county or any of said municipalities is authorized to convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyances or upon payment for the credit of the general funds of said county or municipalities of the reasonable value of such lands, such value to be determined by mutual consent of said county or municipality and the authority or by an appraiser to be agreed upon by the governing authority or body of said county or municipality and the chairperson of the authority;

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(4) To appoint, select, and employ officers, agents, and employees, including engineer ing, architectural, and construction experts, fiscal agents, and attorneys and fix their respec tive compensation;
(5) To make contracts and leases and to execute all instruments necessary or conven ient, including contracts for the acquisition and construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, including contracts for acquiring, constructing, renting, and leasing of its projects for use of Chatham County or any municipality in Chatham County, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and charac ter, and any and all persons, firms, and corporations and the state and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is spe cifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and sublease agreements with the State of Georgia or any agencies or departments thereof relative to parks and recreational centers, areas, and facilities and rela tive to any property which such department or other agency or department of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agency or department thereof and the authority is specifically authorized to convey title in fee simple to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia or the United States government, or any agency or department thereof, subject to the rights and interest of the holders of any of the bonds or obligations authorized to be issued pursuant to this Act, and by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in this Act;
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, im prove, equip, operate, and manage projects as defined in this Act, the cost of any such pro ject to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America and any agency or instrumentality thereof;
(7) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
(8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose;
(9) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of,the holders thereof;
(10) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state;
(11) To borrow money for any of its corporate purposes from any bank, banks, or other lending institutions and to execute evidences of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the authority from a lease or leases entered into by the authority as the lessor and Chatham County or a municipality within it as the lessee;
(12) To do all things necessary or convenient to carry out the powers expressly given in this Act; and
(13) To make recommendations to the Board of Commissioners of Chatham County on

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land acquisition, facilities development, and other matters relating to the provision of recre ation and recreational opportunities to the citizens of Chatham County and the municipali ties within it.
(b) The authority and the trustee acting under a trust indenture are specifically author ized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created.
Section 5. The authority, or any authority or body which has or which may in the fu ture succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as defined in this Act of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided for in this Act for such payment. The bonds of each issue shall be dated and shall bear interest at such rate or rates as determined by the authority, payable on such dates as determined by the authority. Prin cipal on such bonds shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity at the option of the authority at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with Arti cle 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto.
Section 6. 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 thereof shall be exempt from all taxation within the state.
Section 7. The authority may sell such bonds in such manner and for such prices as it may determine to be for the best interest of the authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authoriz ing the issuance of such bonds.
Section 8. Such revenue bonds may 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 and Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members, subject to the provisions of Chapter 14 of Title 50 of the O.C.G.A., governing open and public meetings. Before the vote to issue any revenue bonds, the authority must advertise not less than 30 days immediately preceding the day of the election in the Savannah Morning News and Savannah Evening Press at least once per week for three consecutive weeks the intent to vote on these bonds. The advertisements shall be a minimum of one-eighth of a page in size and shall list all details of the proposed revenue bond issue, including the date, time, and place when the authority will vote on the issue.
Section 9. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or of Chatham County, or a pledge of the faith and credit thereof; but such bonds shall be payable solely from the rentals, revenues, earn ings, and funds of the authority as provided in the resolution or trust agreement or inden ture authorizing the issuance and securing the payment of such bonds. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state or any politi cal subdivision thereof, including specifically said county, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of

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this section. However, Chatham County and any other political subdivision contracting with the authority may obligate itself to pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section, and from any other source; and, the obligation to make such payments shall consti tute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of Article IX, Section V, Paragraph I of the Constitution of the State of Georgia. When such obligation is made to make such pay ments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such obligation. Without limiting the obligations of any political subdivision contracting with the authority in accordance with this Act, it shall be required that prior to entering into any such contract, the authority or the political subdivision with whom such contract will be executed shall prepare or cause to be prepared a feasibility study including a projection of revenues for the project which is the subject of such contract. The political subdivision entering into a contract with the authority shall, prior to entering into the contract, properly advertise their intention and call as least one public hearing on the subject not less than three weeks prior to the date on which the political subdivision plans to vote to approve the signing of the contract.
Section 10. The revenues, rents, and earnings derived from any particular project or projects and any and all revenue, rents, and earnings received by the authority, regardless of whether such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the authority to the payment of the principal of and interest on revenue bonds of the authority as may be pro vided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds. Such funds so pledged from whatever source received, which may include funds received from one or more or all sources, may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instru ment and which may be pledged to and charged with the payment of: (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds retired by call or purchase. The use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument secur ing the payment of the same.
Section 11. The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose and the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption provided in this Act shall not include an exemption from sales and use tax on property purchased by or for the use the authority.
Section 12. The property of the authority shall not be subject to levy and sale under legal process.
Section 13. Any action to protect or enforce any rights under the provisions of the Act or any suit or action against such authority shall be brought in the Superior Court of the Eastern Judicial Circuit, Chatham County, Savannah, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
Section 14. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law". The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of

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the State of Georgia or the United States government or any department or agency of the United States government, if subject to being sued and if consenting to same, 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 the state or such municipality, county, authority, political 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 part of the basis of the security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation pro ceedings, contracting with the authority.
Section 15. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and upon the issuance of bonds under the provisions of this Act shall constitute a contract with the holders of such bonds.
Section 16. All funds received pursuant to the authority of this Act, whether as pro ceeds from sale of revenue bonds or as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contributions shall be deemed to be trust funds to be held and applied by the authority solely as provided in this Act, and the bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the authority.
Section 17. This Act and any other law enacted with reference to the Chatham County Recreation Authority shall be liberally construed for the accomplishment of its purposes.
Section 18. Should any sentence, clause, phrase, or part of the Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof.
Section 19. The scope of the authority's operation shall be limited to the territory em braced within Chatham County.
Section 20. Should the authority for any reason be dissolved after full payment of all bonded indebtedness incurred under the provisions of this Act, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the author ity at the time of such dissolution shall be conveyed to Chatham County; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, sub ject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance.
Part 2
Section 1. Short title. This Act shall be known and may be cited as the "Georgia Inter national and Maritime Trade Center Authority Act."
Section 2. Declaration of purpose. It is declared that there exists in the City of Savan nah and Chatham County, the coastal area of the state, and the state, a need for a public authority to operate the Georgia International and Maritime Trade Center project for the purpose of developing and promoting for the public good, the growth of the state's import

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and export markets through its ports and other transportation modes and to facilitate eco nomic growth, public welfare, education, and recreation for the people of the state, and without limiting the powers granted to the authority by this Act, the creation of the author ity shall be and is declared to be for public and governmental purposes, that is, for the promotion of the public general welfare in matters of economic growth, import and export, public welfare, education, and recreation, and in an effort to better the general condition of the people of the City of Savannah, Chatham County, the coastal area of Georgia, and the state.
Section 3. Creation of the authority; members, (a) There is created a body corporate and politic to be known as the Georgia International and Maritime Trade Center Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The authority shall not be a state institution nor a department or agency of the state, but shall be an instrumentality of the state, a mere creation of the state, having a distinct corporate entity. The authority shall have its principal office in Chatham County, and its legal situs or residence for the purpose of this Act shall be Chatham County. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act.
(b) The authority shall consist of 14 members, five of whom shall be appointed by the Board of Commissioners of Chatham County, five of whom shall be appointed by-the Mayor and Aldermen of the City of Savannah, and four of whom shall be appointed by the major ity vote of the members of the Chatham County delegation of the Georgia General Assem bly. Of the five members appointed by the Board of Commissioners of Chatham County, one shall be the chairperson, one shall be a commissioner who does not reside in the City of Savannah, and at least one shall reside in a municipality other than the City of Savannah, each of whom shall serve ex officio and shall have a vote. Of the five members appointed by the Mayor and Aldermen of the City of Savannah, one shall be the mayor and one shall be an alderman, each of whom shall serve ex officio and shall have a vote. Of the four members appointed by the Chatham County delegation of the Georgia General Assembly, one shall be the President of the Savannah Area Convention and Visitors' Bureau, who shall serve ex officio and shall have a vote. The terms of office of all members except ex officio members shall be four years, except that, of the three appointed by the Board of Commissioners of Chatham County, one shall be for one year, one shall be for two years, and one shall be for three years; and of the three appointed by the mayor and aldermen, one shall be for one years, one shall be for two years, and one shall be for three years. After expiration of the initial terms, the terms of all members except the ex officio members shall be for four years and except that the appointment of any person selected to fill an unexpired term shall be only for the remainder of such term.
(c) Vacancies on the authority by reason of expiration of term or otherwise shall be filled by the body that appointed the member vacating the position.
(d) The members of the authority shall organize and enter upon the performance of their duties immediately after the effective date of this Act. The authority shall have per petual existence.
(e) The authority shall elect one of its members as chairperson and another as vice chairperson, and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may, but need not, be a member of the authority.
(f) Seven members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority at every meeting, and in every instance a majority vote shall author ize any legal act of the authority, including all things necessary to authorize and issue reve nue bonds.

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(g) A member other than an ex officio member may be removed from office by the governing body which appointed such member for failure to perform his or her duties as a member of the authority. Such failure shall include without limitation the failure to attend a majority of the regularly scheduled meetings of the authority in any calendar year. Any office so vacated shall be filled by the governing body which appointed such former member. The new appointee shall serve the remainder of the unexpired term to which he or she is appointed.
(h) The members shall not be entitled to compensation for their services, but shall be entitled to and shall be reimbursed for their actual expenses properly incurred in the per formance of their duties. Each member of the authority shall hold office until his or her successor shall have been appointed and qualified. The authority may make bylaws, rules, and regulations for its governance. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable books and records of all its obliga tions, contracts, transactions, and undertakings and of all income and receipts of every na ture and all expenditures of every kind and shall provide for an annual independent audit of income and expenditures.
(i) The authority shall prepare and submit to the Board of Commissioners of Chatham County, the Mayor and Aldermen of the City of Savannah, and the Chatham County dele gation of the Georgia General Assembly an annual report at the end of each fiscal year or calendar year of the authority outlining the work of the authority and furnishing to each such body a copy of its most recent annual independent audit of income and expenditure.
Section 4. Definitions. As used in this Act, the term:
(1) "Authority" means the Georgia International and Maritime Trade Center Authority created in Section 3 of this Act.
(2) "Project" or "undertaking" shall be deemed to mean and include buildings and fa cilities to be used for trade shows, conferences, amusements, or educational purposes and for fairs, expositions, exhibitions, or marketing in connection therewith, together with all other undertakings which may be acquired, constructed, equipped, maintained, or operated by public authorities.
Section 5. Powers. The authority is authorized:
(1) To have a seal and alter the seal at pleasure;
(2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same or to dispose of the same in any manner it deems to the best advantage of the authority; and, if the authority shall deem it expedient to construct any property on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey for and in behalf of the state title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state of the reasonable value of such lands or upon the receipt of such lawful consideration as may be determined by the parties to such con veyance. If the authority shall deem it expedient to acquire and construct any project on any lands, the title to which shall then be in the Board of Commissioners of Chatham County, the mayor and aldermen of the City of Savannah, or any other municipality incor porated in said county, the governing authority or body of said county or any of the said municipalities is authorized to convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyance or upon payment for the credit of the general funds of said county or municipality of the reasonable value of such lands, such value to be determined by the mutual consent of said county or municipality and the authority or by an appraiser to be agreed upon by the governing au thority or body of said county or municipality and the chairperson of the authority;

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(4) To select, appoint, and employ professional, administrative, clerical, or other per sonnel and to contract for professional or other services and to allow suitable compensation for such personnel and services;
(5) To make contracts and leases and to execute all instruments necessary or conven ient, including contracts for the acquisition and constructions of projects and leases of projects or contracts with respect to the use and management of projects which it causes to be erected or acquired, including contracts for acquiring, constructing, renting, managing, and leasing of its projects for use of the State of Georgia or any of its departments, agencies, or authorities, the Board of Commissioners of Chatham County, or the mayor and aldermen of the City of Savannah, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all persons, firms, and corpora tions and the state and any and all political subdivisions, departments, institutions, or agen cies of the state are authorized to enter into contracts, leases, or agreements with the au thority upon such terms and for such purposes as them deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corpora tions and counties and to the authority to enter into contracts and lease and sublease agree ments with the State of Georgia or any agencies or departments thereof and relative to any property which such department or other agency or department of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agency or department thereof, and the authority is specifically authorized to convey title in fee simple to any and all of its lands and any improvements thereon to any persons, firms, corpora tions, political subdivisions, the State of Georgia, or the United States government, or any agency or department thereof;
(6) To acquire, construct, erect, own, repair, remodel, maintain, add to, extend, im prove, equip, operate, and manage projects as defined in this Act, the cost of any such pro ject to be paid in whole or in part from the funds of the authority or funds from Chatham County or the City of Savannah and any grant from the State of Georgia, its departments, agencies, or authorities, or the United States or any agency or instrumentality thereof;
(7) To accept grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof, upon such terms and conditions as the United States or such agency or instrumentality may impose;
(8) To accept grants of money or materials or property of any kind from the State of Georgia or any department, agency, authority, or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such department, agency, authority, or instrumentality or political subdivision thereof may impose;
(9) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services, with or without consideration, from any person, firm, corpo ration, foundation, or other entity;
(10) To exercise any power which is usually possessed by private corporations perform ing similar functions and which is not in conflict with the Constitution and laws of this state;
(11) From time to time to sell, lease, grant, exchange, or otherwise dispose of any sur plus property, both real and personal, or interest therein not required in the normal opera tion of and usable in the furtherance of the purpose for which the authority was created;
(12) To advise the State of Georgia, its departments, agencies, or authorities, Chatham County, and the mayor and aldermen of the City of Savannah on land acquisition, facilities development, and other matters relating to the provision of convention and trade opportu nities for the coastal region of the state;
(13) To procure insurance against any loss in connection with property and other assets of the authority;
(14) To exercise the power provided by Code Section 45-9-1 of the O.C.G.A. to procure policies of liability insurance or contracts of indemnity or to formulate sound programs of

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self-insurance to insure or indemnify members of the authority and its officers and employ ees against personal liability for damages arising out of the performance of their duties or in any way connected therewith to the extent that such members, officers, or employees are not immune from such liability;
(15) To make contracts and to execute all instruments necessary or convenient in con nection therewith;
(16) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the man ner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business;
(17) To the extent that a contract between the authority and a public or private agency provides therefor, to act as an agent for such public or private agency in any matter coming within the purposes or powers of the authority; and
(18) To do all things necessary or convenient to carry out the powers expressly given in this Act.
Section 6. Exemption from taxation. The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public pur pose and the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption provided in this Act shall not include an exemption from sales and use tax on property purchased by or for the use of the authority.
Section 7. Property not subject to levy and sale. The property of the authority shall not be subject to levy and sale under legal process.
Section 8. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of the Eastern Judicial Circuit, Chatham County, Georgia.
Section 9. Trust funds. All funds received pursuant to the authority of this Act, whether as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contri butions, shall be deemed to be trust funds to be held and applied by the authority solely as provided in this Act.
Section 10. Construction. This Act and any other law enacted with reference to the Georgia International and Maritime Trade Center Authority shall be liberally construed for the accomplishment of its purposes.
Section 11. Conveyance of property upon dissolution. Should the authority for any rea son be dissolved, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to the Mayor and Aldermen of the City of Savannah and to Chatham County; or title to any such property may be con veyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance.
Section 12. Effect of partial invalidity of Act. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provisions of this Act independently of any other provision of this Act.

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Part 3
Section 1. Effective date. This Act shall become effective upon its approval by the Gov ernor or upon its becoming law without such approval.
Section 2. Repealer. All laws and parts of laws in conflict with this Act are repealed.
Senator Coleman of the 1st moved that the Senate agree to the House substitute to SB 641.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 641.
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.
The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to change the composition of the commissioner districts; to provide for cer tain definitions and inclusions; to require submission of this Act to the United States Attor ney General for certain approval; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows:
"Section 3. Commissioner Districts, (a) For the purpose of electing members of the board of commissioners, Chatham County is divided into eight commissioner districts as follows:
Commissioner District: 1
CHATHAM COUNTY VTD: 0001 1-1 VTD: 0002 1-2 VTD: 0003 1-3 VTD: 0005 1-5 VTD: 0006 1-6 VTD: 0007 1-7 VTD: 0009 1-9 VTD: 0010 1-10 (Part) Tract: 0042.02 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 601, 602, 603, 604, 605, 606, 607, 608, 701, 702, 703, 704, 705, 706, 707, 708 Block(s): That part of Block 709 lying north of Holland Road extended to Haynes Creek Block(s): 710, 711, 712, 713 VTD: 0011 1-11 VTD: 0012 1-12 (Part) Tract: 0039. Block(s): 409 Tract: 0040.02

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Block(s): 101, 102, 103, 104A, 104B, 105, 118A, 118B Tract: 0102.
Block(s): 312A, 312B, 312C VTD: 0013 1-13 (Part)
Tract: 0102. Block(s): 303,304, 305, 306, 307, 314, 315, 316
VTD: 0044 4-11 VTD: 0045 4-12 VTD: 0056 6-1
Commissioner District: 2
CHATHAM COUNTY VTD: 0014 2-1 VTD: 0015 2-2 VTD: 0016 2-3 VTD: 0017 2-4 VTD: 0018 2-5 VTD: 0019 2-6 VTD: 0020 2-7 VTD: 0021 2-8 VTD: 0022 2-9 VTD: 0025 3-2 (Part) Tract: 0101.1 Block(s): 306, 307, 308, 309, 310, 311, 312, 313, 328 VTD: 0026 3-3 (Part) Tract: 0037. Block(s): 108, 109, 110, 111, 112, 113, 118, 119, 120, 201B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216 Tract: 0101.01 Block(s): 323 VTD: 0027 3-4 (Part) Tract: 0022. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328 Tract: 0037. Block(s): 114, 115, 116, 117, 121, 122, 123, 124, 125, 126, 127 VTD: 0028 3-5 (Part) Tract: 0036.02 Block(s): 401, 406, 409, 410, 419, 420, 421, 433 VTD: 0033 3-10 VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): 101 Block(s): That part of Block 102A lying east of Nevada Street extended to Sea board Coastline Railroad Block(s): 102B, 104, 105, 106, 107, 110, 111, 112, 113, 114, 117, 118, 119 Block(s): That part of Block 401B lying west of Moorings Drive and Moorings Drive extended to a tributary of the Wilmington River Block(s): 402, 404A, 404B, 405, 406, 407, 408, 409 Tract: 0101.01 Block(s): 314A, 314C, 318A, 321A, 321D, 322, 329A, 329B
Commissioner District: 3
CHATHAM COUNTY VTD: 0012 1-12 (Part) Tract: 0039. Block(s): 201A, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 301A, 301B,

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302, 303, 304, 305, 306, 307, 308, 309, 310A, 310B, 311A, 311B, 312, 313, 314, 315, 404, 405, 406A, 406B, 407A, 407B, 408, 410A, 410B, 411, 412A, 412B Tract: 0102. Block(s): 313A, 313B, 313C VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 101, 102, 103, 118, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 308, 309, 310, 311, 312D VTD: 0024 3-1 (Part) Tract: 0003. Block(s): 110, 145, 227 Tract: 0008. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 218, 219, 225, 227, 228, 229, 231, 232, 233 Tract: 0013. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116 VTD: 0025 3-2 (Part) Tract: 0003. Block(s): 101B, 102, 103, 104, 105, 106, 115, 116, 117, 118, 119, 120, 122, 123, 124, 125, 126, 130, 131, 132, 137, 140, 141, 142, 151, 153, 157, 158, 159, 160, 163, 164, 165, 166, 170, 171, 172, 173, 174, 175, 176, 188, 189, 190, 191, 192, 193, 201, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 222, 225, 240, 241, 244, 301B Tract: 0009. Block(s): 101, 102, 103, 104, 105, 106, 107, 110, 111, 112, 113, 114, 115, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 218, 219, 222, 223, 224, 225, 228, 229, 230, 231, 232 Tract: 0101.01 Block(s): 201, 202, 203B, 204, 205, 304A, 304B, 305A, 305B Tract: 0106.05. Block(s): 105, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116 VTD: 0026 3-3 (Part) Tract: 0036.01 Block(s): 103, 108, 109, 115, 116, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306A, 307, 308, 309, 310, 311, 312, 313, 314 Tract: 0036.02 Block(s): 101A Tract: 0037. Block(s): 201A, 202, 203, 204, 205, 206 VTD: 0027 3-4 (Part) Tract: 0036.02 Block(s): 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229 VTD: 0028 3-5 (Part) Tract: 0036.02 Block(s): 101C, 230, 231, 232, 233, 234, 235, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 402, 403, 404, 405, 407, 408, 411, 412, 413, 414, 415, 416, 417, 418, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 501A, 501B, 502, 503, 504A, 504B, 505A, 505B VTD: 0029 3-6 VTD: 0030 3-7 VTD: 0031 3-8 VTD: 0032 3-9

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VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): That part of Block 102A lying west of Nevada Street extended to Sea board Coastline Railroad Block(s): 306B, 401A Block(s): That part of Block 401B lying east of Moorings Drive and Moorings Drive extended to a tributary of the Wilmington River Block(s): 403 Tract: 0036.02 Block(s): 101D, 312B Tract: 0101.01 Block(s): 301, 302, 303, 314B, 315, 316,. 317, 318B, 319, 320, 321B, 321C
VTD: 0035 4-2 (Part) Tract: 0101.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 122A, 122B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218A, 218B, 218C, 219, 220, 221, 222, 223, 224, 225, 226, 227, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 314, 315A, 401, 403A, 405 Tract: 0111.01 Block(s): 501A, 501B, 502, 503, 504, 505, 506
VTD: 0036 4-3 (Part) Tract: 0111.01 Block(s): 507
VTD: 0043 4-10 (Part) Tract: 0038. Block(s): 204B, 307B, 312B, 313B Tract: 0039. Block(s): 201B, 202B Tract: 0101.02 Block(s): 315B, 402, 403B, 404, 407, 408, 409, 410, 411, 412, 413
Commissioner District: 4
CHATHAM COUNTY VTD: 0036 4-3 (Part) Tract: 0111.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 201, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 401, 402, 403, 404, 405, 406, 508, 509, 510, 511, 512, 513, 514 VTD: 0037 4-4 VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8 VTD: 0042 4-9 (Part) Tract: 0110.02 Block(s): 101, 102, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411A, 411B, 411C, 412, 413, 414, 415, 416, 501, 502, 503, 504, 601, 602, 603, 604, 605, 606, 607 VTD: 0043 4-10 (Part) Tract: 0110.02 Block(s): 103 Tract: 0110.04 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303,

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304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331
Commissioner District: 5
CHATHAM COUNTY VTD: 0049 5-4 VTD: 0050 5-5 VTD: 0051 5-6 VTD: 0052 5-7 (Part) Tract: 0045. Block(s): 202, 205, 207, 208, 209, 210, 214A, 214B, 214C, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330 Block(s): That part of Block 401A lying south of the Mills B. Lane Connector extended to Ogeechee Road Block(s): 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414A, 414B VTD: 0053 5-8 VTD: 0054 5-9 VTD: 0055 5-10 VTD: 0061 6-6 VTD: 0062 6-7 (Part) Tract: 0109.01 Block(s): That part of Block 101 lying north of Tibet Avenue extended to its intersection with Hunter Army Airfield VTD: 0074 7-10 VTD: 0086 5-11
Commissioner District: 6
CHATHAM COUNTY VTD: 0010 1-10 (Part) Tract: 0042.02 Block(s): That part of Block 709 lying south of Holland Road extended to Haynes Creek Block(s): 801 VTD: 0057 6-2 (Part) Tract: 0042.02 Block(s): 901, 902A, 902B, 903, 904, 905, 906 Tract: 0042.05 Block(s): 315, 316, 317, 318, 612, 613, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 801A, 801B, 802, 803A, 803B, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813 Tract: 0042.06 Block(s): 101, 102, 103 Tract: 0109.02 Block(s): 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 109, 111, 112, 113, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145 VTD: 0059 6-4 VTD: 0060 6-5 VTD: 0062 6-7 (Part) Tract: 0042.03 Block(s): 301, 302, 303, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 413, 415, 416, 419, 420, 421, 422 Tract: 0042.05 Block(s): 403A, 501, 507

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Tract: 0109.01 Block(s): That part of Block 101 lying south of Tibet Avenue extended to its intersection with Hunter Army Airfield Block(s): 102, 103, 104, 201, 202, 203, 204, 301, 302, 303, 304
VTD: 0063 6-8 VTD: 0064 6-9 VTD: 0072 7-8 (Part)
Tract: 0108.98 Block(s): That part of Block 233 lying southeast of Bush Road extended to its intersection with the Ogeechee River Block(s): 241, 242, 243
Commissioner District: 7
CHATHAM COUNTY VTD: 0065 7-1 VTD: 0066 7-2 VTD: 0067 7-3 VTD: 0068 7-4 VTD: 0069 7-5 VTD: 0070 7-6 VTD: 0071 7-7 VTD: 0072 7-8 (Part) Tract: 0108.04 Block(s): 101B, 101E Tract: 0108.97 Block(s): 108A, 109, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 250A, 251B, 252, 253, 254, 255, 256, 257, 258, 259, 260, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275A, 275B, 276, 277, 278B, 280, 281, 282, 283, 284A, 284B Tract: 0108.98 Block(s): 105A, 105B, 106A, 106B, 107, 108B, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 123, 124, 125, 126, 139, 142, 143, 144, 145, 149, 150, 201B, 202B, 203B, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232 Block(s): That part of Block 233 lying northwest of Bush Road extended to its intersection with the Ogeechee River Block(s): 234, 235, 236, 237, 238, 244, 245, 246, 247, 248, 249 VTD: 0073 7-9
Commissioner District: 8
CHATHAM COUNTY VTD: 0024 3-1 (Part) Tract: 0003. Block(s): 101A, 107, 108, 109, 111, 112, 113, 114, 121, 127, 128, 129, 133, 134, 135, 136, 138, 139, 143, 144, 146, 147, 148, 149, 150, 152, 154, 155, 156, 161, 162, 167, 168, 169, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 194, 195, 196, 197, 202, 226, 230, 237, 245 VTD: 0046 5-1 VTD: 0047 5-2 VTD: 0052 5-7 (Part) Tract: 0012. Block(s): 112

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Tract: 0033.02 Block(s): 201, 206, 207
Tract: 0045. Block(s): 101A, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 134C, 201, 203, 204, 206A, 206B, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224 Block(s): That part of Block 401A lying north of Mills B. Lane Connector ex tended to Ogeechee Road
VTD: 0075 7-11 VTD: 0076 8-1 VTD: 0077 8-2 (Part)
Tract: 0105.01 Block(s): 201, 212B, 213
Tract: 0106.01 Block(s): 315, 620A, 620B
Tract: 0106.04 Block(s): 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123, 124A, 124B, 125, 126A, 126B, 127A, 127B, 127C, 128, 129A, 129B, 130, 131A, 131B, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142B, 143B, 144, 145, 146, 147B, 150, 151, 152, 153, 154, 155
Tract: 0106.05 Block(s): 101, 102B, 103, 104, 117, 118, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146C, 147, 148, 149, 150, 151B, 152B, 153, 154B, 162, 163, 164, 165, 166, 167, 168, 169A, 169B, 170A, 170B, 171A, 171B, 172A, 172B, 175
Tract: 0106.99 Block(s): 146Z
VTD: 0078 8-3 VTD: 0079 8-4 VTD: 0080 8-5 VTD: 0081 8-6 VTD: 0082 8-7 VTD: 0083 8-8 VTD: 0084 8-9 VTD: 0085 8-10
(b) For purposes of this section:
(1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geographi cal boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for con venience only; and in the event the description of any commissioner district contains a con flict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Chatham County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial cen sus of 1990 for the State of Georgia; and
(5) Any part of Chatham County which is described in this section as being included in

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a particular commissioner district shall nevertheless not be included within such commis sioner district if such part is not contiguous to such commissioner district. Such noncontigu ous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
(c) Commissioner Districts 1, 2, 3, 4, 5, 6, 7, and 8 as they existed on January 1, 1994, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, 5, 6, 7, and 8, respec tively, but as newly described under this section on and after the date this subsection be comes effective in 1994, and members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section."
Section 2. It shall be the duty of the governing authority of Chatham County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, to the United States Attorney General for 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 655.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 655.
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.
The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to change the composition of the education districts; to provide for certain definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, is amended by strik ing Section 1 and inserting in its place a new Section 1 to read as follows:
"Section 1. (a) The Board of Public Education for the City of Savannah and the County of Chatham shall be composed of a president and eight other members, to be elected as provided in this Act. For the purpose of electing members of the board of education, Chat ham County is divided into eight education districts as follows:
Education District: 1
CHATHAM COUNTY VTD: 0001 1-1 VTD: 0002 1-2 VTD: 0003 1-3 VTD: 0005 1-5 VTD: 0006 1-6 VTD: 0007 1-7 VTD: 0009 1-9

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VTD: 0010 1-10 (Part) Tract: 0042.02 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 601, 602, 603, 604, 605, 606, 607, 608, 701, 702, 703, 704, 705, 706, 707, 708 Block(s): That part of Block 709 lying north of Holland Road extended to Haynes Creek Block(s): 710, 711, 712, 713
VTD: 0011 1-11 VTD: 0012 1-12 (Part)
Tract: 0039. Block(s): 409
Tract: 0040.02 Block(s): 101, 102, 103, 104A, 104B, 105, 118A, 118B
Tract: 0102. Block(s): 312A, 312B, 312C
VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 303, 304, 305, 306, 307, 314, 315, 316
VTD: 0044 4-11 VTD: 0045 4-12 VTD: 0056 6-1
Education District: 2
CHATHAM COUNTY VTD: 0014 2-1 VTD: 0015 2-2 VTD: 0016 2-3 VTD: 0017 2-4 VTD: 0018 2-5 VTD: 0019 2-6 VTD: 0020 2-7 VTD: 0021 2-8 VTD: 0022 2-9 VTD: 0025 3-2 (Part) Tract: 0101.01 Block(s): 306, 307, 308, 309, 310, 311, 312, 313, 328 VTD: 0026 3-3 (Part) Tract: 0037. Block(s): 108, 109, 110, 111, 112, 113, 118, 119, 120, 201B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216 Tract: 0101.01 Block(s): 323 VTD: 0027 3-4 (Part) Tract: 0022. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328 Tract: 0037. Block(s): 114, 115, 116, 117, 121, 122, 123, 124, 125, 126, 127 VTD: 0028 3-5 (Part) Tract: 0036.02 Block(s): 401, 406, 409, 410, 419, 420, 421, 433 VTD: 0033 3-10 VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): 101 Block(s): That part of Block 102A lying east of Nevada Street extended to Sea board Coastline Railroad

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Block(s): 102B, 104, 105, 106, 107, 110, 111, 112, 113, 114, 117, 118, 119 Block(s): That part of Block 401B lying west of Moorings Drive and Moorings
Drive extended to a tributary of the Wilmington River Block(s): 402, 404A, 404B, 405, 406, 407, 408, 409 Tract: 0101.01 Block(s): 314A, 314C, 318A, 321A, 321D, 322, 329A, 329B
Education District: 3
CHATHAM COUNTY VTD: 0012 1-12 (Part) Tract: 0039. Block(s): 201A, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310A, 310B, 311A, 311B, 312, 313, 314, 315, 404, 405, 406A, 406B, 407A, 407B, 408, 410A, 410B, 411, 412A, 412B Tract: 0102. Block(s): 313A, 313B, 313C VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 101, 102, 103, 118, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 308, 309, 310, 311, 312D VTD: 0024 3-1 (Part) Tract: 0003. Block(s): 110, 145, 227 Tract: 0008. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 218, 219, 225, 227, 228, 229, 231, 232, 233 Tract: 0013. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116 VTD: 0025 3-2 (Part) Tract: 0003. Block(s): 101B, 102, 103, 104, 105, 106, 115, 116, 117, 118, 119, 120, 122, 123, 124, 125, 126, 130, 131, 132, 137, 140, 141, 142, 151, 153, 157, 158, 159, 160, 163, 164, 165, 166, 170, 171, 172, 173, 174, 175, 176, 188, 189, 190, 191, 192, 193, 201, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 222, 225, 240, 241, 244, 301B Tract: 0009. Block(s): 101, 102, 103, 104, 105, 106, 107, 110, 111, 112, 113, 114, 115, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 218, 219, 222, 223, 224, 225, 228, 229, 230, 231, 232 Tract: 0101.01 Block(s): 201, 202, 203B, 204, 205, 304A, 304B, 305A, 305B Tract: 0106.05 Block(s): 105, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116 VTD: 0026 3-3 (Part) Tract: 0036.01 Block(s): 103, 108, 109, 115, 116, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306A, 307, 308, 309, 310, 311, 312, 313, 314 Tract: 0036.02 Block(s): 101A Tract: 0037. Block(s): 201A, 202, 203, 204, 205, 206 VTD: 0027 3-4 (Part) Tract: 0036.02 Block(s): 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203,

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204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229 VTD: 0028 3-5 (Part) Tract: 0036.02 Block(s): 101C, 230, 231, 232, 233, 234, 235, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 402, 403, 404, 405, 407, 408, 411, 412, 413, 414, 415, 416, 417, 418, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 501A, 501B, 502, 503, 504A, 504B, 505A, 505B VTD: 0029 3-6 VTD: 0030 3-7 VTD: 0031 3-8 VTD: 0032 3-9 VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): That part of Block 102A lying west of Nevada Street extended to Sea board Coastline Railroad Block(s): 306B, 401A Block(s): That part of Block 401B lying east of Moorings Drive and Moorings Drive extended to a tributary of the Wilmington River Block(s): 403 Tract: 0036.02 Block(s): 101D, 312B Tract: 0101.01 Block(s): 301, 302, 303, 314B, 315, 316, 317, 318B, 319, 320, 321B, 321C VTD: 0035 4-2 (Part) Tract: 0101.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 122A, 122B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218A, 218B, 218C, 219, 220, 221, 222, 223, 224, 225, 226, 227, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 314, 315A, 401, 403A, 405 Tract: 0111.01 Block(s): 501A, 501B, 502, 503, 504, 505, 506 VTD: 0036 4-3 (Part) Tract: 0111.01 Block(s): 507 VTD: 0043 4-10 (Part) Tract: 0038. Block(s): 204B, 307B, 312B, 313B Tract: 0039. Block(s): 201B, 202B Tract: 0101.02 Block(s): 315B, 402, 403B, 404, 407, 408, 409, 410, 411, 412, 413
Education District: 4
CHATHAM COUNTY VTD: 0036 4-3 (Part) Tract: 0111.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 201, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 401, 402, 403, 404, 405, 406, 508, 509, 510, 511, 512, 513, 514 VTD: 0037 4-4 VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8

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VTD: 0042 4-9 (Part) Tract: 0110.02 Block(s): 101, 102, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411A, 411B, 411C, 412, 413, 414, 415, 416, 501, 502, 503, 504, 601, 602, 603, 604, 605, 606, 607
VTD: 0043 4-10 (Part) Tract: 0110.02 Block(s): 103 Tract: 0110.04 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331
Education District: 5
CHATHAM COUNTY VTD: 0049 5-4 VTD: 0050 5-5 VTD: 0051 5-6 VTD: 0052 5-7 (Part) Tract: 0045. Block(s): 202, 205, 207, 208, 209, 210, 214A, 214B, 214C, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330 Block(s): That part of Block 401A lying south of the Mills B. Lane Connector extended to Ogeechee Road Block(s): 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414A, 414B VTD: 0053 5-8 VTD: 0054 5-9 VTD: 0055 5-10 VTD: 0061 6-6 VTD: 0062 6-7 (Part) Tract: 0109.01 Block(s): That part of Block 101 lying north of Tibet Avenue extended to its intersection with Hunter Army Airfield VTD: 0074 7-10 VTD: 0086 5-11
Education District: 6
CHATHAM COUNTY VTD: 0010 1-10 (Part) Tract: 0042.02 Block(s): That part of Block 709 lying south of Holland Road extended to Haynes Creek Block(s): 801 VTD: 0057 6-2 (Part) Tract: 0042.02 Block(s): 901, 902A, 902B, 903, 904, 905, 906 Tract: 0042.05 Block(s): 315, 316, 317, 318, 612, 613, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 801A, 801B, 802, 803A, 803B, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813 Tract: 0042.06 Block(s): 101, 102, 103

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Tract: 0109.02 Block(s): 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 109, 111, 112, 113, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145
VTD: 0059 6-4 VTD: 0060 6-5 VTD: 0062 6-7 (Part)
Tract: 0042.03 Block(s): 301, 302, 303, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 413, 415, 416, 419, 420, 421, 422
Tract: 0042.05 Block(s): 403A, 501, 507
Tract: 0109.01 Block(s): That part of Block 101 lying south of Tibet Avenue extended to its intersection with Hunter Army Airfield Block(s): 102, 103, 104, 201, 202, 203, 204, 301, 302, 303, 304
VTD: 0063 6-8 VTD: 0064 6-9 VTD: 0072 7-8 (Part)
Tract: 0108.98 Block(s): That part of Block 233 lying southeast of Bush Road extended to its intersection with the Ogeechee River Block(s): 241, 242, 243
Education District: 7
CHATHAM COUNTY VTD: 0065 7-1 VTD: 0066 7-2 VTD: 0067 7-3 VTD: 0068 7-4 VTD: 0069 7-5 VTD: 0070 7-6 VTD: 0071 7-7 VTD: 0072 7-8 (Part) Tract: 0108.04 Block(s): 101B, 101E Tract: 0108.97 Block(s): 108A, 109, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 250A, 251B, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275A, 275B, 276, 277, 278B, 280, 281, 282, 283, 284A, 284B Tract: 0108.98 Block(s): 105A, 105B, 106A, 106B, 107, 108B, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 123, 124, 125, 126, 139, 142, 143, 144, 145, 149, 150, 201B, 202B, 203B, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232 Block(s): That part of Block 233 lying northwest of Bush Road extended to its intersection with the Ogeechee River Block(s): 234, 235, 236, 237, 238, 244, 245, 246, 247, 248, 249 VTD: 0073 7-9

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Education District: 8
CHATHAM COUNTY VTD: 0024 3-1 (Part) Tract: 0003. Block(s): 101A, 107, 108, 109, 111, 112, 113, 114, 121, 127, 128, 129, 133, 134, 135, 136, 138, 139, 143, 144, 146, 147, 148, 149, 150, 152, 154, 155, 156, 161, 162, 167, 168, 169, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 194, 195, 196, 197, 202, 226, 230, 237, 245 VTD: 0046 5-1 VTD: 0047 5-2 VTD: 0052 5-7 (Part) Tract: 0012. Block(s): 112 Tract: 0033.02 Block(s): 201, 206, 207 Tract: 0045. Block(s): 101A, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 134C, 201, 203, 204, 206A, 206B, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224 Block(s): That part of Block 401A lying north of Mills B. Lane Connector ex tended to Ogeechee Road VTD: 0075 7-11 VTD: 0076 8-1 VTD: 0077 8-2 (Part) Tract: 0105.01 Block(s): 201, 212B, 213 Tract: 0106.01 Block(s): 315, 620A, 620B Tract: 0106.04 Block(s): 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109,110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123, 124A, 124B, 125, 126A, 126B, 127A, 127B, 127C, 128, 129A, 129B, 130, 131A, 131B, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142B, 143B, 144, 145, 146, 147B, 150, 151, 152, 153, 154, 155 Tract: 0106.05 Block(s): 101, 102B, 103, 104, 117, 118, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146C, 147, 148, 149, 150, 151B, 152B, 153, 154B, 162, 163, 164,165, 166, 167, 168, 169A, 169B, 170A, 170B, 171A, 171B, 172A, 172B, 175 Tract: 0106.99 Block(s): 146Z VTD: 0078 8-3 VTD: 0079 8-4 VTD: 0080 8-5 VTD: 0081 8-6 VTD: 0082 8-7 VTD: 0083 8-8 VTD: 0084 8-9 VTD: 0085 8-10
(b) For purposes of this section:
(1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geographi cal boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a

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geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for con venience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Chatham County which is not included in any education district de scribed in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Chatham County which is described in this section as being included in a particular education district shall nevertheless not be included within such education dis trict if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
(c) Education Districts 1, 2, 3, 4, 5, 6, 7, and 8 as they existed on January 1, 1994, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, 7, and 8 respectively, but as newly described under this section on and after the date this subsection becomes effective in 1994, and members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section."
Section 2. It shall be the duty of the Board of Education for the City of Savannah and the County of Chatham to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, to the United States Attor ney General for 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 656.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 656.
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 House substitute was as follows:
A BILL
To be entitled an Act 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 provide that the boundary between Georgia and South Carolina be specified and described effective upon the approval of both states and the consent of the Congress of the United States pursuant to Article I, Section 10 of the United States Constitution; to provide for an accu rate survey and mapping of said boundary; to provide for an effective date; to repeal con flicting laws; and for other purposes.
WHEREAS, the State of Georgia, pursuant to a grant of its motion for leave to file in

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August, 1977, filed its complaint against the State of South Carolina in the United States Supreme Court pursuant to Article III, Section 2, Clause 2 of the United States Constitu tion as a result of the prolonged dispute between the two states over the location of their common boundary along the lower reaches of the Savannah River, the river's mouth, and their lateral seaward boundary;
WHEREAS, the Honorable Walter E. Hoffman, Senior Judge of the United States Dis trict Court for the Eastern District of Virginia, was appointed Special Master by the U.S. Supreme Court;
WHEREAS, the State of South Carolina in due course filed its answer and counterclaims;
WHEREAS, the Special Master filed his First Report to the Court on March 20, 1986, and his Second and Final Report to the Court on March 30, 1989, to which each state filed exceptions;
WHEREAS, the United States Supreme Court rendered its decision in Georgia v. South Carolina, No. 74, Orig., decided June 25, 1990, directing the states to prepare an appropriate proposed decree and retaining jurisdiction to entertain such further proceedings as may be necessary or advisable;
WHEREAS, the matter remains pending before the United States Supreme Court;
WHEREAS, on May 21, 1991, the states and the United States Department of Com merce, National Oceanic and Atmospheric Administration (NOAA) contracted for a survey of the boundary area involved and the mapping and placement of appropriate markers to define the boundary;
WHEREAS, NOAA reported its progress and difficulties to the two states on October 20, 1992;
WHEREAS, the landforms upon which the U.S. Supreme Court based its decision have shifted by erosion and accretion since the time of the first scientifically accurate survey of the area in 1855, causing the boundary based upon these landforms to meander across the Savannah River;
WHEREAS, the states have met and proposed a boundary based upon the present landforms and navigable channel as a basis for agreement and establishment as the bound ary by compact between the states, subject to the consent of the Congress of the United States pursuant to Article I, Section 10 of the United States Constitution;
WHEREAS, the states desire to provide for an accurate survey and mapping of said boundary.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 2 of Title 50 of the Official Code of Georgia Annotated, relating to the boundaries and jurisdiction of the state, is amended by striking in its entirety Code Section 50-2-1, relating to boundaries of the state generally, and inserting in lieu thereof a new Code Section 50-2-1 to read as follows:
"50-2-1. The boundaries of Georgia, as deduced from the Constitution of Georgia, the Convention of Beaufort, the Articles of Cession and Agreement with the United States of America entered into on April 24, 1802, the Resolution of the General Assembly dated De cember 8, 1826, and the adjudications and compromises affecting Alabama, and Florida, and South Carolina are as follows:
From the sea, or the mouth of the River Savannah, at the point where the northern edge of the navigable channel of the River Savannah intersects a point three geographical miles east of the ordinary low water mark, generally along the northern edge of the naviga ble channel up the River Savannah, along the northern edge of the sediment basin to the Tidegate, thence along the stream thereof to the fork or confluence made by the Rivers

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Keowee and Tugalo, and thence along said River Tugalo until the fork or confluence made by said Tugalo and the River Chattooga, and up and along the same to the point where it touches the northern boundary line of South Carolina, and the southern boundary line of North Carolina, which is at a point on the thirty-fifth parallel of north latitude, reserving all the islands in said Rivers Savannah, Tugalo, and Chattooga, except for the Barnwell Islands and Oyster Bed Island in the Savannah, to Georgia; thence on said line west, to a point where it merges into and becomes the northern boundary line of Alabama -- it being the point fixed by the survey of the State of Georgia, and known as Nickajack; thence in a direct line to the great bend of the Chattahoochee River, called Miller's Bend -- it being the line run and marked by said survey; and thence along and down the western bank of said Chat tahoochee River, along the line or limit of high-water mark, to its junction with the Flint River; thence along a certain line of survey made by Gustavus J. Orr, a surveyor on the part of Georgia, and W. Whitner, a surveyor on the part of Florida, beginning at a fore-and-aft tree about four chains below the present junction; thence along this line east, to a point designated 37 links north of Ellicott's Mount on the St. Marys River; thence along the mid dle of said river to the Atlantic Ocean, and extending therein three geographical miles from ordinary low water along those portions of the coast and coastal islands in direct contact with the open sea or three geographical miles from the line marking the seaward limit of inland waters; thence running in a northerly direction and following the direction of the Atlantic Coast to a point opposite the mouth, or inlet, of said Savannah River, and from thence to the mouth or inlet of said Savannah River, to the point where the northern edge of the navigable channel of the River Savannah intersects a point three geographical miles east of the ordinary low water mark, the place of beginning; including all the lands, waters, islands, and jurisdictional rights within said limits; and also all the islands within 20 marine leagues three geographical miles of the seacoast."
Section 2. Said article is further amended by striking in its entirety Code Section 50-22, relating to the boundary between Georgia and South Carolina, and inserting in lieu thereof a new Code Section 50-2-2 to read as follows:
"50-2-2. The boundary between Georgia and South Carolina shall be the line described as running from the mouth of the River Savannah, up said river and the Rivers Tugalo and Chattooga, to the point where the last-named river intersects with the thirty-fifth parallel of north latitude, conforming as much as possible to the line agreed on by the commissioners of said states at Beaufort on April 28, 1787, except for the Barnwell Islands and the Oyster Bed Island in the River Savannah; provided", however, that the boundary along the lower reaches of the Savannah River, and the lateral seaward boundary, shall be more particularly described as being:
BEGINNING at a point 32 degrees 07 minutes 00 seconds North Latitude and 81 degrees~07 minutes 00 seconds West Longitude, located in the Savannah River, and proceeding in a southeasterly direction down the thread of the Savannah River equidistant between the banks of the River on Hutchinson Island and on the mainland of South Carolina, including the small downstream island southeast of the aforesaid point, at ordinary stage, until reach ing the vicinity of Pennyworth Island;
Proceeding thence easterly down the thread of the northernmost channel of the Savan nah River as it flows north of Pennyworth Island, making the transition to the said north ernmost channel using the triequidistant method between Pennyworth Island, the Georgia bank on Hutchinson Island, and the South Carolina mainland bank, thence to the thread of the said northernmost channel equidistant from the South Carolina mainland bank and Pennyworth Island at ordinary stage, around Pennyworth Island]
Proceeding thence southeasterly to the thread of the northern channel of the Savannah River equidistant from the Georgia bank on Hutchinson Island and the South Carolina mainland bank, making the transition utilizing the triequidistant method between Penny worth Island, the Georgia bank on Hutchinson Island, and the South Carolina mainland bank;
Proceeding thence southeasterly down the thread of the Savannah River equidistant

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from the Hutchinson Island and South Carolina mainland banks of the river at ordinary stage, through the tide gates, until intersecting the northwestern (farthest upstream) bound ary of the 'Back River Sediment Basin,' as defined in the 'Annual Survey--1992, Savannah Harbor, Georgia, U.S. Coastal Highway, No. 17 to the Sea,' U.S. Army Corps of Engineers, Savannah District, as amended by the Examination Survey--1992 charts for the Savannah Harbor Deepening Project, Drawings No. USH 112/107 (hereinafter the 'Channel Chart');
Proceeding thence along the said northwestern boundary to its intersection with the nortEer boundary of the Back River Sediment Basin, in a generally southeasterly direction until said boundary intersects the northern boundary of the main navigational channel as depicted on the Channel Chart at the point designated as SR-34 (Georgia State Grid, East Zone, 1927 NAD, Coordinates x = 849479.546, y=759601.757);
Proceeding thence toward the mouth of the Savannah River along the northern bound ary 6T the main navigational channel at the new channel limit as depicted on the Channel Chart, via Oglethorpe Range through point SR-33 (coordinates x=853126.849, y=761229.575), Fort Jackson Range through point SR-32 (coordinates x--854568.183, y=762555.255), the Bight Channel through points SR-31 (coordinates x=855854.367, y=765145.946), SR-30 (coordinates x = 857363.583, y=766237.604), SR-29 (coordinates x = 858471561, y=766530.527), SR-28 (coordinates x = 859881.928, y=766491.887), and SR27 (coordinates x=861359.826, y=765804.794), Upper Flats Range through point SR -26 (coordinates x = 863655.959, y=763821.629), Lower Flats Range through points SR-25 (coor dinates x=865361.347, y=759910.744), SR-24 (coordinates x=866413.099, y=758260.171), SR-23 (coordinates x = 867339.230, y=757647.194, SR-22 (coordinates x=870024.011, y=756511.390), and SR-21 (coordinates x = 873855.646, y = 755906.677), Crossing Range through points SR-20 (coordinates x = 875581.821, y=754992.833), and SR-19 (coordinates x = 884667.253, y = 744780.789) and New Channel Range around the Rehandling Basin, and along the northern boundary of the Oyster Bed Island Turning Basin through point SR-16 (coordinates x=894907.977, y=742529.752), to the easternmost end of Oyster Bed Island at Navigational buoy R '24";
Proceeding thence from Navigational Buoy R '24' easterly along the mean low water line of Oyster Bed Island to the point at which the mean low water line of Oyster Bed Island intersects the Oyster Bed Island Training Wall;
Proceeding thence along the southern edge of the Oyster Bed Island Training Wall un til reaching the Jones Island Range line;
Proceeding thence southeasterly along the Jones Island Range line until reaching the northern boundary of the main navigational channel as depicted on the Channel Chart;
Proceeding thence southeasterly along the northern boundary of the main navigational channel as depicted on the Channel Chart to Navigational Buoy R '6', via Jones Island Range and Bloody Point Range; and finally
Proceeding thence in an easterly direction from Navigational Buoy R '6' in a straight line Terming the seaward lateral boundary line to the seaward limit of Georgia as now or hereafter fixed by the Congress of the United States, said boundary line bearing approxi mately 104 degrees from magnetic north, the bearing of said line being more particularly described as being at right angles to the baseline from the southernmost point of Hilton Head Island and the northernmost point of Tybee Island, drawn by the Baseline Committee in 1970.
Provided, however, that the boundary shall be as more particularly shown by reference to trie United States Department of Commerce, National Oceanic and Atmospheric Admin istration (NOAA) GPS coordinates on a map to be prepared by NOAA as a part of the survey commissioned by the States of Georgia and South Carolina in order to locate this boundary. In case of any conflict between the verbal description set forth hereinabove and the map locating the boundary with reference to GPS points, the location shown on the map shall prevail.
Provided, further, that nothing herein shall in any way be deemed to govern or effect in

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any way the division between the states of the remaining assimilative capacity, that is, the capacity to receive wastewater and other discharges without violating water quality stan dards, of the portion of the Savannah River described herein."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that this Act shall not become effective until and unless the Congress of the United States shall ratify, confirm, adopt, or otherwise consent thereto.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Coleman of the 1st moved that the Senate agree to the House substitute to SB 572.
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 Bowen Broun of 46th B,,Bruorwtonn of 26th CClhaeyeks
Coleman Day Dean
Edge Gillis

Gochenour Guhl Harbison Hemmer Henson Hill HTHTouogkgsm s KMeamddpen
Marable McGuire Middleton
Newbill Oliver

Perdue Pollard Ragan of llth Ragan of 32nd Ralston R oKJo,b-m.,so,,n
lotin
bterr Thomas Turner Tysinger Walker

Those not voting were Senators:

Alien Boshears (excused) Crotts Egan

Farrow (excused) Glanton Isakson Langford of 35th (excused)

Langford of 29th Parrish Taylor Thompson (excused)

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 572.
HR 967. By Representative Birdsong of the 123rd: A resolution designating the Hardy Durham Faulk, Sr., Memorial Bridge.
The House amendment was as follows: Amend the Senate amendment to HR 967 by striking in their entirety lines 1 through 15 and inserting in lieu thereof the following: "By designating the existing material as Part 1 and by adding below line 13 of page 2 the following:
'Part 2 WHEREAS, with the passing of Mrs. Janette McGarity Barber on August 19, 1983, the State of Georgia lost one of its most distinguished citizens; and WHEREAS, a native of Dallas, Georgia, the daughter of the late Colonel and Mrs.

WEDNESDAY, MARCH 16, 1994

2159

Charles Benjamin McGarity, and the wife of Mac Barber, former legislator and current member of the Public Service Commission, Mrs. Barber was educated at the University of Georgia where she received the following degrees: Bachelor of Science, Master of Education, and Master of Arts; and
WHEREAS, the future brightness of her career was evident on the university campus where she was a member of Phi Kappa Phi and Phi Upsilon Omicron and served as presi dent of Kappa Alpha Theta Sorority. In 1992, the sorority constructed a new chapter room and named it in her memory; and
WHEREAS, she served the citizens of Georgia and the nation in a variety of positions and responsibilities and in each capacity her skill, genius for making friends, and outstand ing abilities and energies made lasting contributions to the quality of life, the cultural ap preciation, and the religious uplifting of thousands of our citizens; and
WHEREAS, she was a leader, an educator, an editor, a scholar, a professional, a civic servant, and a most outstanding personality, and some of her contributions are:
Teacher: Home Economics Education;
State Advisor: Georgia Association, Future Homemakers of America, of whom the alumni number more than 300,000;
President: Georgia Home Economics Association;
President: Georgia Vocational Association;
Chairman: Georgia Committee on Children and Youth;
Chairman: Georgia Teenage Nutrition Council;
President: Georgia Mothers Association;
Editor: Historic Georgia Mothers, a book featuring 25 historic Georgia women, pub lished in 1975;
Chairman: Legislative Committee, Garden Clubs of Georgia;
Chairman: Georgia Delegation to the White House Conference on Children and Youth;
Member: White House Advisory Committee on Children and Youth appointed by Presi dent Richard M. Nixon;
Member: Advisory Board, National Future Homemakers of America;
Member: Editorial Board of Seventeen magazine;
Member: Southeastern Council on Family Life Education;
Member: American Vocational Association;
Member: American Home Economics Association;
First Vice President: American Mothers Committee, Inc.;
Listed in: Who's Who Among American Women;
Chairman: Commerce Public Library Board;
President: Friends of the Library; and
President: Commerce Garden Club Council; and
WHEREAS, her charm and radiant personality endeared her to all who knew her as she gave so unselfishly of her time and energy; and
WHEREAS, among her honors were: First Distinguished Alumni Award given by the University of Georgia, College of Home Economics Alumni Association; named Person of the Year by the Georgia Youth Council; named the "Woman of the Year" by Progressive Farmer magazine; and, posthumously, named the 1985 College of Home Economics Honor Hall of Recognition Designee; the designation of the Janette McGarity Barber Distinguished

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Professorship at the University of Georgia; the designation of the "Janette McGarity Barber Kappa Alpha Theta Sorority Chapter Room" at the University of Georgia; the designation of the "Janette McGarity Barber patio" at the FFA-FHA camp on Lake Jackson by the State Department of Education; and
WHEREAS, in further recognition of Mrs. Barber's outstanding contributions to the young women of this state, her alma mater, the College of Family and Consumer Sciences of the University of Georgia, announced the establishment on June 25, 1991, of the Janette McGarity Barber Distinguished Professorship; and
WHEREAS, Mrs. Barber is best remembered by thousands of citizens of the State of Georgia as a friend, an adviser, and a mentor; and it is mostly for this reason that contribu tions totaling more than $39,820.00 have come from across this state in her memory and all of which was used to establish educational scholarships; and
WHEREAS, it is only fitting for this body to remember the dedicated example of Ja nette McGarity Barber and her lasting contributions to the quality of life, the cultural ap preciation, and the religious uplifting of thousands of our citizens by her roles as educator, leader, scholar, and professional.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that this body recognizes the outstanding accomplishments and contributions of Mrs. Janette McGarity Barber by directing that a portrait of this distinguished woman be placed on the third floor of the west side of the state capitol building, over which the House of Representatives has exclusive authority and jurisdiction with regard to the hanging of portraits in such area.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is au thorized and directed to conduct all the necessary matters relative to the purposes set out in this resolution.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is au thorized and directed to transmit an appropriate copy of this resolution to Mr. Mac Barber.'"
Senator Coleman of the 1st moved that the Senate agree to the House amendment to the Senate amendment to HR 967.
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 Bowen Broun of 46th Brown of 26th Burton Cheeks Coleman Crotts Day Dean Edge

Gillis Glanton Gochenour Harbison Hemmer Hill Hooks Huggins Madden Marable McGuire Middleton Newbill Oliver

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

Those not voting were Senators:

Alien Boshears (excused) Clay

Egan Farrow (excused) Guhl

Henson Isakson Kemp

WEDNESDAY, MARCH 16, 1994

2161

Langford of 35th (excused) Parrish

Langford of 29th

Ray

Thompson (excused)

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HR 967.
The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:

COMMITTEE OF CONFERENCE REPORT ON HB 1221
The Committee of Conference on HB 1221 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1221 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Mary Margaret Oliver Senator, 42nd District

/s/ Jeanette Jamieson Representative, 22nd District

/s/ Don Cheeks Senator, 23rd District

/s/ DuBose Porter Representative, 143rd District

/s/ Ron Slotin Senator, 39th District

/s/ Bobby Harris Representative, 112th District

Committee of Conference substitute to HB 1221: A BILL

To be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for the issuance, free of charge, of special license plates for amateur radio operators; to provide procedures for the issuance and renewal of additional plates; to provide for fees; to provide for the issuance, free of charge, of a motor vehicle license plate to retired members of the Georgia National Guard; 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 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 40-2-66 of the Official Code of Georgia Annotated, relating to special license plates for members of the Georgia National Guard, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Motor vehicle owners who are retired members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, including the payment of the basic registration fee, shall be issued, free of charge, a license plate as prescribed in that article for private passenger cars or trucks used for personal transportation. Each retired member of the Georgia National Guard shall be entitled

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to no more than one such free plate at a time; provided, however, that upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual regis tration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The license plates issued pursuant to this paragraph shall, in addition to the numbers and letters prescribed by law, be identical to those issued pursuant to para graph (1) of this subsection. The adjutant general of Georgia shall furnish to the commis sioner each year, prior to the date that license plates are issued, a list of the retired mem bers of the Georgia National Guard."
Section 2. Said article is further amended by striking subsection (a) of Code Section 40-2-75, relating to special license plates for amateur radio operators, and inserting in its place a new subsection (a) to read as follows:
"(a) Motor vehicle owners who are residents of the State of Georgia and who hold an unrevoked and unexpired official amateur radio station license issued by the Federal Com munications Commission, upon application, accompanied by proof of ownership of such li cense, and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles, and upon the payment of an additional initial fee of $26.00 and an additional annual registration fee of $26.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the atatc as provided in Code Section 40-2-34, shall be issued, free of charge, a special de sign license plate for a private passenger vehicle upon which shall be inscribed the official amateur radio call letters of such applicant as assigned by the Federal Communications Commission. Each licensed amateur radio operator shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and an initial manufacturing fee of $25.00, a licensed amateur radio operator shall be entitled to one additional such license plate. For each addi tional license plate for which an initial $25.00 manufacturing fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The commissioner may consult with licensed amateur radio operators residing in the State of Georgia in the design of the special license plate authorized by this subsection."
Section 3. This Act shall become effective July 1, 1994.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Coleman of the 1st moved that the Senate adopt the Conference Committee report on HB 1221.
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
n " ,*i.
BRr'own oft2fi6tthh Cheeks day Coleman Dean Edge

Gillis Glanton Gochenour Guhl
Harbison
H...e.m. mer Hl11 Hooks Huggins Kemp Madden

Marable McGuire Middleton Newbill
Oliver
P_er,,due, Pollard Ragan of llth Ragan of 32nd Robinson Slotin

WEDNESDAY, MARCH 16, 1994

2163

Starr Taylor

Thomas Turner

Tysinger Walker

Those voting in the negative were Senators Burton and Day.

Those not voting were Senators:

Alien Boshears (excused) Crotts Egan Farrow (excused)

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

Ralston Ray Scott Thompson (excused)

On the motion, the yeas were 40, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1221.
The following bill was taken up for the purpose of considering the Conference Commit tee report thereto:

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 Conference Committee report was as follows:
The Committee of Conference on HB 1658 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1658 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Harold J. Ragan Senator, llth District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ E. M. Childers Representative, 13th District

/s/ Ronald D. Slotin Senator, 39th District
/s/ Charles W. Walker Senator, 22nd District

/s/ Newt Hudson Representative, 156th District
/s/ Jimmy Skipper Representative, 137th District

Committee of Conference substitute to HB 1658:
A BILL
To be entitled an Act 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 that on-site individual sewage management systems properly approved shall be approved for installation in every county in the state, provided that such on-site, individual sewage systems shall be required to meet local regulations authorized by law; to provide conditions under which such on-site individual sewage management systems are subject to reexamination by such department; to amend Code Section 31-3-5.1 of the Official Code of Georgia Annotated, relating to regulations for septic tanks or individual sewage management systems in unin corporated areas, so as to repeal certain provisions relating to the applicability of certain

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regulations adopted by a county board of health; 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 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by striking in its entirety Code Section 31-2-7, relating to standards for individual sewage management systems, and inserting in lieu thereof a new Code Section 31-2-7 to read as follows:
"31-2-7. (a) As used in this Code section, the term:
(1) 'Individual sewage management system' shall mean a self-contained, on-site sewage treatment plant or component of such plant designed to serve no more than one residence and approved for such use by the director of the Environmental Protection Division of the Department of Natural Resources.
(2) 'Properly approved' means any individual sewage management system or component of such system which is designed to be physically incapable of a surface discharge of un treated sewage and which":
(A) Has been approved in a regulation promulgated by the department; or
(B) Has been approved for use per the manufacturer's recommendations by the boards of health in a minimum of ten counties and has performed satisfactory service for a period of three years or longer.
(3) 'Satisfactory service' means that the supervisor of the county on-site prograrn has stated in writing that an individual sewage management system or component thereof has performed in an acceptable manner.
(4) 'Unsatisfactory service' means documented substandard performance as compared to other approved systems or components.
(b) The Department of Human Resources shall have the authority as it deems neces sary luid proper to adopt state-wide minimum standards for on-site, individual sewage man agement systems, including but not limited to standards for the size and construction of septic tanks. The department is authorized to require that any on-site, individual sewage management system be examined and approved prior to allowing the use of such system in the state. Any on-site, individual sewage management system which has been properly ap proved shall, by virtue of such approval and by operation of law, be approved for installa tion in every county of the state; provided, however, that such on-site, individual sewage management system shall be required to meet local regulations authorized by law. Upon written request of three or more county boards-ef health districts, the department is author ized to require the reexamination of any such system or component thereof, provided that documentation is submitted indicating unsatisfactory service of such system or component thereof. Before any such examination or reexamination, the department may require the person, persons, or organization manufacturing or marketing the system to reimburse the department or its agent for the reasonable expenses of such examination. Aa uacd in this Code section, the term 'individual acwagc management system' ahall mean a self contained, on site-sewage treatment plant designed to serve no more than one residence and approved for such use by the director of the Environmental Protection Division of the Department of Natural Resources."
Section 2. Code Section 31-3-5.1 of the Official Code of Georgia Annotated, relating to regulations for septic tanks or individual sewage management systems in unincorporated areas, is amended by striking in its entirety subsection (c) which reads as follows:
"(c) The regulations of a county board of health adopted pursuant to the authority of paragraphs (1) through (5) of subsection (a) of this Code section shall control over any con flicting or inconsistent rules or regulations of the Department of Human Resources adopted pursuant to Chapter 2 of this title or pursuant to any other law."

WEDNESDAY, MARCH 16, 1994

2165

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 Ragan of the llth moved that the Senate adopt the Conference Committee report on HB 1658.
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
Bowen Brown of 26th Brwurtkon, QV/IlccKo Coleman j)av Dean Edge Gillis Glanton

Gochenour Guhl
Harbison Hemmer
Hill Hookg THT uggms KT -emp Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Perdue
Pollard Ragan of llth
Ragan of 32nd Ralston ,,Ray nRoibi nson Slotin Starr Taylor Thomas Turner Tysinger

Those not voting were Senators:

Alien Boshears (excused) Broun of 46th C ro tts
Egan

Farrow (excused) Henson
Isakson Langford of 35th (excused)

Parrish Scott
Thompson (excused) Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1658.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the definition of resident; to change the provisions relating to instruction permits and temporary licenses; to change the provi sions relating to who may apply for such instruction permits or temporary licenses; to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to organization of the Department of Revenue, so as to provide for additional duties and

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responsibilities of the state revenue commissioner; to require that the state revenue commis sioner shall acquire the necessary equipment and take all other necessary steps for the ac ceptance and utilization by the department of tag and title information in an electronic format from local tax officials; to provide for submission of such information by the county tax collector or county tax commissioner, when available; to provide for other related mat ters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraph (15) of Code Section 40-5-1, relating to defini tions relative to drivers' licenses, in its entirety and inserting in lieu thereof a new para graph (15) to read as follows:
"(15) 'Resident' means a person who has a permanent home or abode in Georgia to which, whenever he such person is absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that the following person is a resident:
(A) Any person who accepts employment or engages in any trade, profession, or occupa tion in Georgia or enters his or her children to be educated in the public schools of Georgia within ten days after the commencement of such employment or education; or
(B) Any person who, except for infrequent, brief absences, has been present in the state for 30 or more days-;
provided, however, that no person shall be considered a resident for purposes of this chapter unless such person is either a United States citizen, resident alien, an alien with U. S. Immi gration and Naturalization Service employment authorization or an alien presumed to be residing in the United States under color of law."
Section 2. Said title is further amended by striking in its entirety Code Section 40-5-24, relating to instruction permits and temporary licenses, and inserting in lieu thereof a new Code Section 40-5-24 to read as follows:
"40-5-24. (a) Any pe*9e resident of this state who is at least 15 years of age may apply to the department for an instruction permit to operate a noncommercial Class C vehicle. The department shall, after the applicant has successfully passed all parts of the examina tion other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a Class C vehicle upon the public highways for a period of 12 months when accompanied by a person at least 18 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. This subsection does not apply to instruction permits for the operation of motorcycles.
(b) Any person resident of this State who is at least 16 years of age may apply to the department for a noncommercial Class M motorcycle instruction permit. The department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a motorcycle or a motor driven cycle upon the public highways for a period of six months. A motorcycle in struction permit shall not be valid when carrying passengers, or on a limited access highway, or at night.
(c) Any pei-seR resident of this state who is at least 18 years of age may apply to the department for an instruction permit to operate noncommercial vehicles in Classes A and B. Such permits may be issued only to persons with valid commercial or noncommercial Class C licenses or persons who have passed all required tests for a commercial or noncommercial Class C license. The department shall, after the applicant has successfully passed all parts of the appropriate examination other than the skill and driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having the permit in his or her

WEDNESDAY, MARCH 16, 1994

2167

immediate possession, to operate a vehicle of the appropriate noncommercial class upon the public highways for a period of 12 months when accompanied by a licensed driver, qualified in the vehicle being operated, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver as an instructor. Prior to being issued a driver's license for Classes A and B, the applicant shall pass a knowledge and skill test for driving a Class A or B vehicle as provided by the commissioner.
(d) The department shall issue a temporary driver's permit to an applicant for a driver's license permitting him or her to operate a specified type or class of motor vehicle while the department is completing its investigation and determination of all facts relative to such applicant's eligibility to receive a driver's license. Such permit must be in his or her immediate possession while operating a motor vehicle, and it shall be invalid when the applicant's license has been issued or for good cause has been refused. Such permit shall be valid for no more than 45 days. When a license has been refused, the permit shall be re turned to the department within ten days of receipt of written notice of refusal.
(e) Any person resident of this state holding a noncommercial Class P instruction per mit issued pursuant to subsection (a) of this Code section who is convicted of any moving hazardous offense which resulted in an accident or suspension of such noncommercial Class P instruction permit shall not be authorized to apply for and receive a noncommercial Class A, B, or C driver's license for a period of 12 months following the date of conviction of any of the offenses enumerated in this subsection. This subsection shall not prohibit any person from reapplying for a subsequent noncommercial Class P instruction permit."
Section 3. Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to organization of the Department of Revenue, is amended by adding at the end of said article a new Code Section 48-2-19 to read as follows:
"48-2-19. (a) It is the intent of the General Assembly that the state revenue commis sioner shall have total responsibility for the administration of the laws of the state relating to the licensing, registration, valuation, and titling of motor vehicles and that the commis sioner shall carry out a complete modernization and improvement of such functions.
(b) The state revenue commissioner shall have total responsibility for developing and implementing a comprehensive and detailed plan to accomplish the modernization and im provement of the functions specified in subsection (a) of this Code section. Such plan shall include:
(1) A detailed analysis of personnel, equipment, motor vehicles, and facilities necessary for the administration of the laws relating to the licensing, registration, valuation, and ti tling of motor vehicles;
(2) A detailed analysis of the funding necessary to administer such functions of the department;
(3) Detailed recommendations for the most effective methods of carrying out the func tions provided for in subsection (a) of this Code section, bearing in mind that the citizens of the State of Georgia should have a right to expect prompt, courteous, and cost-efficient service with respect to such functions;
(4) Recommendations for any changes in the relevant laws needed to accomplish the goals referred to in paragraph (3) of this subsection; and
(5) A suggested timetable for the completion of such recommendations.
(c) The state revenue commissioner shall from time to time report to the presiding officers of the Senate and House of Representatives with respect to:
(1) The progress of implementation of the plan provided for in subsection (b) of this Code section;
(2) Any deficiencies or inefficiencies noted by the state revenue commissioner in the current carrying out of the functions provided for in subsection (a) of this Code section; and

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(3) Any interim improvements which should be made in the carrying out of such func tions pending completion of the plan provided for in subsection (b) of this Code section.
(d) The state revenue commissioner shall obtain the necessary equipment and person nel in order to utilize effectively motor vehicle registration, licensing, and title information submitted in electronic form by the tax collectors and tax commissioners of the various counties of this state. All counties which have the technological capability of submitting such registration, licensing, and title information in an electronic form shall do so and all other counties are encouraged to develop such capabilities. The state revenue commissioner may promulgate rules and regulations for the purpose of standardizing the format of such electronic information to be submitted by the tax collectors and tax commissioners of the various counties, provided that such rules and regulations shall provide for the use of one or more electronic formats currently utilized by local taxing officials."
Section 4. Sections 1 and 2 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. Section 3 of this Act shall become effective July 1, 1994.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Pollard of the 24th moved that the Senate agree to the House substitute to SB 518.
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 Bowen Burton Cheeks Clay Coleman Crotts Day Dean Edge Egan

Gillis Glanton Gochenour Guhl Harbison Hemmer Hill Huggins Kemp Madden Marable McGuire Middleton Newbill

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

Those not voting were Senators:

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

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

Parrish Scott
Thompson (excused) Walker

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 518.
The following messages were received from the House through Mr. Rivers, the Clerk thereof:

WEDNESDAY, MARCH 16, 1994

2169

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill 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.

The House has rejected the report of the Committee of Conference on the following bill of the Senate:

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 mediation; to provide a state ment of legislative intent.

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 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 Speaker has appointed on the part of the House, Representatives Floyd of the 138th, Reaves of the 178th and Purcell of the 147th.
The President announced that the Senate would stand in recess from 7:00 P.M. until 7:50 P.M.
The President called the Senate to order at 7:50 P.M.
The following bills were taken up to consider House action thereto:

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.

Senator Crotts of the 17th moved that the Senate adhere to its amendment to HB 1798 and that a Conference Committee be appointed.

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

Those voting in the affirmative were Senators:

Balfour Baugh

Blitch Boshears

Broun of 46th Brown of 26th

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Cheeks Clay Coleman Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour

Guhl Harbison Hemmer Henson Hill Huggins Isakson Kemp McGuire Middleton Newbill Oliver

Perdue Pollard Ragan of llth Ragan of 32nd Ralston Scott Slotin Starr Taylor Thomas Tysinger

Those not voting were Senators:

Abernathy Alien Bowen Burton Hooks

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

Ray Robinson Thompson (excused) Turner Walker

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adhered to its amendment.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Crotts of the 17th, Henson of the 55th, and Ragan of the llth.

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 House substitute was as follows:
A BILL
To be entitled an Act 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 participa tion in programs for the provision of certain facilities and of day care, senior citizen, mental health, emergency, and other services; to provide for contracts with public and nonprofit entities; to validate and confirm certain actions; to provide for certain ratings; 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 87 of Title 36 of the Official Code of Georgia Annotated, relating to participation by counties and municipal corporations in federal programs, is amended by striking Code Section 36-87-2, relating to authority to participate, in its entirety and in serting in lieu thereof the following:
"36-87-2. (a) Each county and municipal corporation of the State of Georgia is author ized to participate in federal programs which provide federal grants and federal loans for housing, transportation, and water and waste-water treatment and distribution purposes. Supplementary to any existing authority granted by law, counties and municipal corpora tions shall be authorized to exercise the following powers:
(1) To expend revenues, but shall not impose any new form of taxation; and

WEDNESDAY, MARCH 16, 1994

2171

(2) To contract:
(A) With the United States, its departments and agencies;
(B) With the State of Georgia, its departments, agencies, and authorities;
(C) With regional development centers, political subdivisions of the state, and public authorities of such subdivisions; and
(D) With private nonprofit entities organized for the purpose of providing housing ser vices to persons of low and moderate income when such entities are exempt from federal income tax pursuant to Section 501(c) (3) of the Internal Revenue Code of 1986
when the exercise of such powers is necessary to comply with the conditions established by federal law and federal regulations for eligibility for participation in such federal programs.
(b) (1) Supplementary to any existing authority granted by law, counties and municipal corporations shall be authorized to expend public funds and participate in community de velopment block grant programs and other federal programs to construct facilities to carry out the following purposes:
(A) Providing day-care services primarily to the children of persons of low and moder ate income;
(B) Providing services to elderly persons;
(C) Providing health education, literacy and English language instruction, mental health and handicap services, legal assistance, emergency food, and medical assistance to low and moderate income persons; and
(D) Any combination of services authorized in this paragraph.
(2) Counties and municipalities are further authorized to carry out the purposes of this subsection by contracting with public agencies and nonprofit entities described in paragraph (2) of subsection (a) of this Code section.
(3) Any contracts, programs, projects, or expenditures of public funds authorized by this subsection which were entered into, carried out, undertaken, or made prior to the effec tive date of this subsection are validated and confirmecT
(c) State agencies rating applications from counties and municipal corporations for fed eral funding of the construction of day-care facilities shall, to the extent allowed under ap plicable federal laws or regulations, give priority to those day-care centers located in or adjacent to industrial parks."
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 Farrow of the 54th moved that the Senate agree to the House substitute to SB 570.
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

Coleman Day Dean Egan Farrow Gillis Glanton Gochenour Guhl

Harbison Hemmer Hill Huggins Isakson Kemp McGuire Middleton Newbill

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Oliver
Perdue Pollard Ragan of llth Ragan of 32nd

Ralston
Ray Scott Slotin Starr

Those not voting were Senators:

Abernathy Alien Clay Crotts Edge

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

Taylor Thomas
lurner Tysinger
Marable Parrish Robinson Thompson (excused) Walker

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 570.
Senator Oliver of the 42nd moved that the following bill of the House, having been placed on the Table March 14, be taken from the Table.

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.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 820 was taken from the Table.
Pursuant to Senate Rule 111, HB 820, having been taken from the Table, was put upon its passage.
Senate Sponsor: Senator Oliver of the 42nd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th B_B.ruorwt.onn of 26th CClhaeyeks
Coleman Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson IHHTuilgl gm s IKsaekmspon
Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston p KR,, ofb.mson *|, otl.n
btarr Taylor Thomas Thompson Turner Tysinger

WEDNESDAY, MARCH 16, 1994

2173

Those not voting were Senators:

Alien Crotts

Hooks Langford of 35th (excused)

Parrish Walker

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Robinson of the 16th, President Pro Tempore, assumed the Chair.
Senator Oliver of the 42nd moved that the following bill of the House, having been placed on the Table March 14, be taken from the Table:
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.
On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 1417 was taken from the Table.
Pursuant to Senate Rule 111, HB 1417, having been taken from the Table, was put upon its passage.
Senate Sponsor: Senator Oliver of the 42nd.
The Senate Judiciary Committee offered the following amendment:
Amend HB 1417 by striking on line 25 of page 5 the following: " '24-010-132.",
and inserting in its place the following: " '24-10-132.".
On the adoption of the amendment, the yeas were 34, nays 0; the motion prevailed, and the committee amendment was adopted.
Senator Ralston of the 51st offered the following amendment:
Amend HB 1417 by striking lines 1 through 4 of page 1 and inserting the following:
"To amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to provide for the authenticity of medical reports; to provide for admissibility of such medical reports; to provide when depositions in criminal proceedings may be taken; to pro vide the manner in which".
By striking lines 11 through 15 of page 1 and inserting the following:
"Section 1. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by adding at the end of Article 1 of Chapter 7, relating to authentication of writ ings in general, a new Code section to read as follows:
'24-7-10. Upon the trial of any civil case involving injury or disease, any medical report in narrative form provided to the adverse party 60 days prior to trial or consented to by the parties, which is signed and dated by a treating licensed, practicing medical doctor, doctor of chiropractic, dentist, orthodontist, podiatrist, psychologist, marriage and family therapist, social worker, or professional counselor shall be admissible in evidence insofar as it purports to represent the history, examination, diagnosis, treatment, and prognosis of the persons signing the report, as if that person were present at the hearing and testifying as a witness, subject to the right of any party to object to the admissibility of any portion of the report and subject to the right of an adverse party to cross-examine the person signing the report

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and provide a rebuttal testimony. The party tendering the medical report may also intro duce the testimony of the person who signed the medical report for the purpose of supple menting the report.'
Section 2. Said title is further amended by striking in its entirety Code Section 24-10130, relating to when depositions in criminal proceedings may be taken, which reads as follows:".
By renumbering Sections 2 through 9 as Sections 3 through 10, respectively.
By striking the word "article" and inserting in lieu thereof the word "title" in line 4 of page 4, line 21 of page 5, line 20 of page 6, line 8 of page 7, line 29 of page 7, and line 21 of page 8.
On the adoption of the amendment, the yeas were 33, nays 0, and the Ralston amend ment was adopted.
Senator Guhl of the 45th offered the following amendment:
Amend HB 1417 by striking lines 1 through 4 of page 1 and inserting the following:
"To amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings; to provide conditions regarding when such husband or wife shall be compellable to give evidence; to limit such evidence; to provide for related matters; to provide when depositions in criminal proceedings may be taken; to provide the manner in which".
By striking lines 11 through 13 of page 1 and inserting the following:
"Section 1. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by striking Code Section 24-9-23, relating to the giving of evidence of a husband and wife in criminal proceedings, and inserting in its place a new Code Section 24-9-23 to read as follows:
'24-9-23. (a) Husband and wife shall be competent but shall not be compellable to give evidence in any criminal proceeding for or against each other.
(b) The privilege created by subsection (a) of this Code section or by corresponding privileges in paragraph (1) of Code Section 24-9-21 or subsection (a) of Code Section 24-9-27 shall not apply in proceedings in which the husband or wife is charged with a crime against the person of a minor child, but such person shall be compellable to give evidence only on the specific act for which the defendant is charged.
(c) The privilege created by subsection (a) of this Code section or by corresponding privileges in paragraph (1) of Code Section 24-9-21 or subsection (a) of Code Section 24-9-27 shall not apply in proceedings in which the husband or wife is charged with a crime which occurred prior to the marriage, but such person shall be compellable to give evidence only on the specific act for which the defendant is charged?
Section 2. Said title is further amended by striking".
By renumbering Sections 2 through 9 as Sections 3 through 10, respectively.
By striking the word "article" and inserting in lieu thereof the word "title" in line 4 of page 4, line 21 of page 5, line 20 of page 6, line 8 of page 7, line 29 of page 7, and line 21 of page 8.
On the adoption of the amendment, the yeas were 37, nays 0, and the Guhl 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:

WEDNESDAY, MARCH 16, 1994

2175

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill 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 Turner Tysinger

Those not voting were Senators:

Alien Day Hooks

Langford of 35th (excused) Scott

Parrish

Thompson

Robinson (presiding)

Walker

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following bills were taken up to consider House action thereto:

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.

The House amendment was as follows:

Amend SB 705 by striking line 6 of page 1 and inserting the following:

"provide for the authority for this Act; to provide for a referendum and for automatic repeal; to repeal".

By striking line 16 of page 1 and inserting the following:

"1998 and every four years thereafter, the chief magistrate".

By striking lines 29 and 30 of page 2 and inserting the following:

"Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Appling County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Appling County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the general election in November, 1994, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preced ing the date thereof in the official organ of Appling County. The ballot shall have written or printed thereon the words:

'[ ] YES [ ] NO

Shall the Act be approved which provides for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Appling County?'

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All persons desiring to vote for approval of the Act shall vote 'Yes,' and those persons desiring to vote for rejection of the Act shall vote 'No.' If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Appling County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
Section 8. All laws and parts of laws in conflict with this Act are repealed."
Senator Boshears of the 6th moved that the Senate agree to the House amendment to SB 705.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour
Baugh Blitcn Boshears
BBorowuenn o,f 4,,,6thL BrB.ruorwt,onn,, of 26th Cheeks Coleman Day Dean
Edge Egan

Farrow Gillis
Glanton Gochenour Harbison
JHmemmer ,,Hook, s. Huggms Isakson Kemp Langford of 29th
Madden Marable

McGuire Middleton Newbill Oliver Perdue
RPollard f 32nd Rnaflst, on
Ray Slotin Taylor Thomas Turner Tysinger

Those not voting were Senators:

Alien Henson

Langford of 35th (excused) Parrish Ragan of llth Robinson (presiding)

Scott Starr Thompson Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 705.
The following bill was taken up to consider House action thereto:
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.
The House amendment was as follows: Amend SB 706 by striking line 5 of page 1 and inserting the following: "election of the members of such board; to provide for a referendum and for automatic repeal; to repeal conflicting".

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2177

By striking lines 25 and 26 of page 1 and inserting the following:
"Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Appling County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Appling County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the general election in November, 1994, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preced ing the date thereof in the official organ of Appling County. The ballot shall have written or printed thereon the words:

'[ ] YES [ 1 NO

Shall the Act be approved which provides for the nonpartisan nomination and election of the members of the Board of Education of Appling County?'

All persons desiring to vote for approval of the Act shall vote 'Yes,' and those persons desiring to vote for rejection of the Act shall vote 'No.' If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.

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

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

Senator Boshears of the 6th moved that the Senate agree to the House amendment to SB 706.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 706.

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 proce dures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act.

The House amendment was as follows:
Amend SB 707 by striking line 6 of page 1 and inserting the following:
"authority for this Act; to provide for a referendum and for automatic repeal; to repeal conflicting laws; and for".
By striking line 16 of page 1 and inserting the following:
"1998 and every four years thereafter, the judge of the".
By striking lines 28 and 29 of page 2 and inserting the following:
"Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Appling County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Appling County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the general election in November, 1994, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preced ing the date thereof in the official organ of Appling County. The ballot shall have written or printed thereon the words:

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'[ ] YES [ ] NO

Shall the Act be approved which provides for the nonpartisan nomination and election of the judge of the Probate Court of Appling County?'

All persons desiring to vote for approval of the Act shall vote 'Yes,' and those persons desiring to vote for rejection of the Act shall vote 'No.' If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.

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

Section 8. All laws and parts of laws in conflict with this Act are repealed."

Senator Boshears of the 6th moved that the Senate agree to the House amendment to SB 707.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 707.

The President resumed the Chair.

Senator Starr moved that the following bill of the House, having been placed on the Table March 14, be taken from the Table.

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.
On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 1693 was taken from the Table.
Pursuant to Rule 111, HB 1693, having been taken from the Table, was put upon its passage.
Senate Sponsor: Senator Starr of the 44th.
The Senate Finance and Public Utilities Committee offered the following substitute to HB 1693:

A BILL
To be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change the date by which certain local tax officials must complete and deposit the tax digest of the county; to prohibit certain appraisers from serving as members of the county board of tax assessors once such appraisers cease to serve as appraisers; to change the date by which all county boards of tax assessors must complete their revisions and assessments of taxpayer returns; to provide for enforcement; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking subsection (a) of Code Section 48-5205, relating to penalties for incomplete or improper tax digests, and inserting in its place a new subsection (a) to read as follows:
"(a) If a tax receiver or tax commissioner fails to have his digest completed and depos ited by August September 1 in each year, unless excused by provisions of law or by the commissioner, he shall forfeit one-tenth of his commissions for each week's delay. If the

WEDNESDAY, MARCH 16, 1994

2179

delay extends beyond 30 days he shall forfeit one-half of his commissions. If the delay ex tends beyond the time when the Governor and commissioner fix the rate percentage, he shall forfeit all his commissions."
Section 2. Said chapter is further amended by adding a new subsection at the end of Code Section 48-5-292, relating to ineligibility of county tax assessors to hold other offices, to be designated subsection (d), to read as follows:
"(d) In any county in this state in which a chief appraiser or a member of the county property appraisal staff is not otherwise prohibited under this Code section from serving simultaneously as a member of the county board of tax assessors and is serving simultane ously in such capacity, such chief appraiser or member of the county property appraisal staff shall upon ceasing to serve as chief appraiser or member of the county property ap praisal staff automatically cease to serve as a member of the county board of tax assessors. Any vacancy created on the county board of tax assessors under this subsection shall be filled in the manner provided under subsection (a) of Code Section 48-5-295."
Section 3. Said chapter is further amended by striking Code Section 48-5-302, relating to the time for completion and revision of assessment and returns, and inserting in its place a new Code Section 48-5-302 to read as follows:
"48-5-302. Each county board of tax assessors shall complete its revision and assess ment of the returns of taxpayers in its respective county by June August 1 of each year; except that, in all counties having a population of not less than 81,800 nor more than 80,000 according to the United States decennial census of 1000 of any future such census, the county board of tax aaacasora shall complete its revision and aascasmcnt of the returns of taxpayers by April 16 of each year. The commissioner may, at the commissioner's discretion, withhold the state appraisal grants to a county if the county board of tax assessors of that county fails to comply with the deadline established by this Code section. Such withholding shall apply to a grant due a county in the year following the year of noncompliance. The tax receiver or tax commissioner shall then immediately forward one copy of the completed digest to the commissioner for examination and approval not later than the date required under subsection (a) of Code Section 48-5-205."
Section 4. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Sections 1 and 3 of this Act shall become effective on January 1, 1995, and shall be applicable to all digest submitted on or after that date.
Section 5. 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 1693 by:
1. Striking on line 5, page 1 all after the semi-colon, all of line 6 and all of line 7 to the semi-colon, and
2. Striking Section 2 and renumbering the following Sections.
On the adoption of the amendment, the yeas were 35, nays 0, and the Egan 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:

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Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Alien Clay Crotts

Guhl Henson Langford of 35th (excused) Parrish

Ragan of llth Scott Thompson

On the passage of the bill, the yeas were 45, 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 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.
Senator Scott of the 36th moved that a second Conference Committee be appointed.
On the motion, the yeas were 37, nays 0; the motion prevailed, and a second Conference Committee was appointed.
The President appointed as a second Conference Committee on the part of the Senate the following:
Senators Scott of the 36th, Clay of the 37th and Hill of the 4th.
Senator Ray of the 19th moved that the following bill, having been placed on the Table March 14, be taken from the Table:

HB 664. By Representatives Smith of the 169th, Byrd of the 170th, Streat of the 167th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemp tion for blueberry plants growing in this state.
On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 664 was taken from the Table.
Pursuant to Senate Rule 111, HB 664, having been taken from the Table, was put upon its passage.

WEDNESDAY, MARCH 16, 1994

2181

Senate Sponsor: Senator Ray of the 19th.
Senator Edge of the 28th offered the following amendment:
Amend HB 664 by adding on line 6 of page 1 after "election;" and before the word "to" the following:
"to amend Code Section 48-5-42 of the Official Code of Georgia Annotated, relating to exempt personalty, so as to exempt personal golf carts;".
By adding between lines 14 and 15 of page 1 a new Section 1.5 to read as follows:
"Section 1.5. Code Section 48-5-42 of the Official Code of Georgia Annotated, relating to exempt personalty, is amended by striking the first sentence of said Code section and inserting the following:
'All personal clothing and effects, personal golf carts, household furniture, furnishings, equipment, appliances, and other personal property used within the home, if not held for sale, rental, or other commercial use, shall be exempt from all ad valorem taxation.' "
By adding on line 18 of page 1 after the word "of and before the word "this" and on line 1 of page 2 after the word "Shall" and before the word "the" the following:
"Section 1 of.
On the adoption of the amendment, the yeas were 29, 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:

Balfour Baugh Blitch Boshears
Bowen Broun of 46th
BBQpC.J,rhuoerwteok,nns of 26th Coleman Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Harbison
Hemmer Hooks
.Isak, so; n Kemp Langford of 29th Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan of 32nd
Ralston R
RS,,S,.,l.cooobt.tim..tngon Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien Crotts Guhl

Henson

Parrish

Hill

Ragan of llth

Langford of 35th (excused) Walker

On the passage of the bill, the yeas were 40, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

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Senator Thomas of the 10th moved that the following resolution, having been placed on the Table March 14, be taken from the Table:
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.
On the motion, the yeas were 33, nays 0; the motion prevailed, and HR 875 was re moved from the Table.
Pursuant to Senate Rule 111, HR 875, having been taken from the Table, was put upon its adoption.
Senate Sponsor: Senator Thomas of the 10th.
Senators Thomas of the 10th and Perdue of the 18th offered the following amendment:
Amend HR 875 by adding between lines 3 and 4 on page 1 the following:
"Urging the Museum of Aviation Foundation, Inc. to designate a building at the Mu seum of Aviation in honor of Honorable Roy H. (Sonny) Watson, Jr.; and for other purposes."
By inserting between lines 9 and 10 on page 2 the following:
"NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body urge the Museum of Aviation Foundation, Inc., to designate the new building at the Museum of Aviation as the Roy H. (Sonny) Watson, Jr., Building."
By adding after line 23 on page 3 the following:
"BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Museum of Aviation Foundation, Inc."
By adding between lines 17 and 18 on page 1 the following:
"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, and such persons suffer disproportionately from lack of access to health care and effective disease prevention services; and"
"twoB".y striking on line 7 on page 3 the word "one" and inserting in lieu thereof the word
By striking lines 9 through 11 on page 3 and inserting in lieu thereof the following:
"Health Care and Minority Health with one entire day of such conference being de voted to issues relating to minority health. The committee is authorized to".
On the adoption of the amendment the yeas were 31, nays 0, and the Thomas and Perdue amendment to HR 875 was adopted.
Senator Middleton of the 50th offered the following amendment:
Amend HR 875 by adding "creating the Joint Historic Dramas Study Committee;" on line 3 of page 1 after "Care;".
By inserting after line 23 of page 3 the following:
"WHEREAS, tourism and commercial recreation constitute an important industry in the economy of Georgia and the staging of historic dramas is in the best interest of the state, both culturally and economically.

WEDNESDAY, MARCH 16, 1994

2183

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Historic Dramas Study Committee appointed as follows: two members of the House of Representatives appointed by the Speaker, two mem bers of the Senate appointed by the President of the Senate, and five members appointed by the Governor. The committee members shall select one of their own to serve as chairper son who shall call all meetings.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the con ditions, needs issues, and problems mentioned above and recommend any actions or legisla tion 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 its objectives and purposes. All legislative committee members shall receive the allowances au thorized for legislative members of interim committees for not more than five days unless additional days are authorized. The executive branch members shall be reimbursed for ac tual and necessary expenses incurred from the funds of their respective departments or agencies. Except as otherwise provided in this resolution the funds necessary to carry out this resolution shall come from the funds of the legislative branch of government. If the committee makes a report of its findings, recommendations, and suggestions, such report shall be made and the committee shall stand abolished on December 31, 1994.".
On the adoption of the amendment, the yeas were 34, nays 0; and the Middleton amendment to HR 875 was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hooks Hugging 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

Abernathy Alien Crotts Egan

Hill Langford of 35th (excused) Parrish Taylor

Thomas Tysinger Walker

On the adoption of the resolution, the yeas were 45, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.

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The following bill was taken up to consider House action thereto:

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.

The House amendments were as follows:

House amendment No. 1:

Amend the Senate substitute to HB 1515 by striking the word "coverage" on line 1 of page 3 and inserting in its place the following:

"coverage; provided, however, if the obligee has accident and sickness insurance for the child or children reasonably available at reasonable costs through employment-related or other group health insurance policies, then the court may order that the child or children be covered under such insurance and the obligor contribute as part of the child support order such part of the cost of providing such insurance or such part of any medical expenses incurred on behalf of the child or children not covered by such insurance as the court may deem equitable or appropriate".

By striking the word "cost" on line 3 of page 3 and inserting in its place the following:

"cost, unless such insurance is provided by the obligee as provided in this subsection".

House amendment No. 2:

Amend the Senate substitute to HB 1515 as follows:

Delete Section 2 and renumber sections 3, 4, 5, 6 & 7 accordingly.

Senator Oliver of the 42nd moved that the Senate agree to the House amendments to the Senate substitute to HB 1515.

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

Those voting in the affirmative were Senators:

Balfour Baugh Boshears
Bowen Broun of 46th

Gochenour Guhl Harbison
Hemmer Henson

Newbill Oliver Perdue
Pollard R of 32nd

BBruorwtonn of 26th

HTIsoako. skosn

Q

Kemp

Coleman

Langford of 29th

Dean

Madden

Egan

Marable

Farrow

McGuire

Gillis

Middleton

Voting in the negative were Senators Day and Glanton.

RrR> oalubs-itnosnon S0)lotin Starr
Taylor Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Alien BClriotctths
Edge

Hill Huggins LPaanrrgifsohrd of 35th (excused)
Ragan of llth

Ray Scott _T,homas
Walker

WEDNESDAY, MARCH 16, 1994

2185

On the motion, the yeas were 40, nays 2; the motion prevailed, and the Senate agreed to the House amendments to the Senate substitute to HB 1515.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bills of the House:
HB 710. By Representatives Purcell of the 147th, Coleman of the 142nd and Parrish of the 144th: A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the compensation of probate court judges, so as to raise the minimum annual salary of the judges of the probate court.
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.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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.
The House insists on its position in substituting the following bill of the Senate:
SB 436. By Senators Newbill of the 56th, Clay of the 37th, Egan of the 40th, Burton of the 5th, Ragan of the 32nd 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 House has adopted the report of the Committee of Conference on the following bills of the House and Senate:
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.
HB 690. By Representative Barnes of the 33rd: A bill to amend Code Section 17-15-8 of the Official Code of Georgia Annotated, relating to persons eligible for awards from the Georgia Crime Victims Compen sation Board, so as to raise the maximum amount which may be awarded for a claim.

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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 House insists on its position in disagreeing to the Senate amendment 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 492. By Representatives Mueller of the 152nd, Purcell of the 147th, Dixon of the 150th, White of the 161st, Hembree of the 98th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to pro vide for a presumption that proficiency in Braille reading and writing is essential for the education of blind students; to provide for an inventory of Braille skills.
The Speaker has appointed on the part of the House, Representatives Mueller of the 152nd, Purcell of the 147th and Dixon of the 150th.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 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 Speaker has appointed on the part of the House, Representatives Williams of the 63rd, Harris of the 112th and Clark of the 40th.
The following bill was taken up to consider House action thereto:
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.
Senator Newbill of the 56th moved that the Senate adhere to its disagreement to the House substitute, and that a Conference Committee be appointed.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute.
The President appointed as a Conference Committee on the part of the Senate, the following:
Senators Newbill of the 56th, Hill of the 4th, and Marable of the 52nd.

WEDNESDAY, MARCH 16, 1994

2187

The following bill was taken up to consider the Conference Committee report thereon:

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 Conference Committee report was as follows:
The Committee of Conference on SB 574 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 574 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/a/ James W. Tysinger Senator, 41st District

/s/ Betty Jo Williams Representative, 63rd District

/s/ Rooney L. Bowen Senator, 13th District

/s/ Bobby Harris Representative, 112th District

/s/ Jake Pollard Senator, 24th District

/s/ Steven Clark Representative, 40th District

Committee of Conference substitute to SB 574:

A BILL
To be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to require certain information to be exchanged between parties to a motor vehicle accident; to require the law enforcement of ficer at the scene of the accident to instruct the driver of each motor vehicle to provide certain information to other parties; to change provisions relating 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 Pro gram; to provide that a police officer may give a visual or an audible signal to bring a vehicle to a stop; to provide for other related matters; to provide for effective dates and applicabil ity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by adding immediately following Code Section 40-6273, relating to the duty to report certain accidents, a new Code Section 40-6-273.1 to read as follows:
"40-6-273.1. The law enforcement officer at the scene of an accident required to be reported in accordance with the provisions of Code Section 40-6-273 shall instruct the driver of each motor vehicle involved in the accident to report the following to all other parties suffering injury or property damage as an apparent result of the accident:
(1) The name and address of the owner and the driver of the motor vehicle;
(2) The license number of the motor vehicle; and
(3) The name of the liability insurance carrier for the motor vehicle or the fact that such driver has a certificate of self-insurance issued pursuant to Code Section 40-9-101."
Section 2. Said chapter is further amended by striking subsection (d) of Code Section

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40-6-391.1, relating to pleas of nolo contendere in cases of driving under the influence of alcohol or drugs, and inserting in its place a new subsection to read as follows:
"(d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code section, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. The order shall stipulate that the defendant shall com plete such program within 120 days and that the defendant shall submit satisfactory evi dence of such completion to the Department of Public Safety and the court within 120 days of the issuance of the court order. The court shall also require the surrender of the driver's license and shall retain such license until submission of proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program. The court shall, at the time of surrender of the driver's license to it, issue a temporary driving permit which shall expire not more than 120 days from its issuance. The defendant's driver's license shall be returned by the court immediately upon submission of proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program. The judge shall also notify the defendant that, if he or she fails to complete such program by the date specified in the court's order, his the 120 day driving permit shall be invalid and his or her driver's license shall be suspended, by opera tion of law, as provided in Code Section 40-5-68 and shall remain suspended until the de fendant completes such program."
Section 3. Said chapter is further amended by striking subsection (a) of Code Section 40-6-395, relating to fleeing or attempting to elude a police officer, in its entirety and in serting in its place the following:
"(a) It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual and or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his or her badge of office, and his or her vehicle shall be appropriately marked showing it to be an official police vehicle."
Section 4. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and Section 2 of this Act shall apply with respect to matters pending on that date as well as matters arising thereafter.
(b) Section 1 of this Act shall become effective on July 1, 1994.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Tysinger of the 41st moved that the Senate adopt the Conference Committee report on SB 574.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Baugh Boshears Bowen Brown of 26th Burton Cheeks Clay Coleman Day Dean Egan

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hooks Isakson Kemp Langford of 29th

Madden Marable McGuire Newbill Oliver Perdue Pollard Ragan of llth Ragan of 32nd Ralston Robinson Scott

WEDNESDAY, MARCH 16, 1994

2189

Slotin Starr

Taylor Thompson

Turner Tysinger

Those not voting were Senators:

Abernathy Alien Blitch Broun of 46th Crotts

Edge Hill Huggins Langford of 35th (excused) Middleton

Parrish R
Thomas Walker

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 574.
Senator Henson of the 55th moved that the following bill, having been placed on the Table March 14, be taken from the Table:
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.
On the motion, the yeas were 36, nays 1; the motion prevailed, and HB 1654 was taken from the Table.
Pursuant to Senate Rule 111, HB 1654, having been taken from the Table, was put upon its passage.
Senate Sponsor: Senator Henson of the 55th.
The Senate Finance & Public Utilities Committee offered the following substitute to HB 1654:
A BILL
To be entitled an Act 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 define certain terms; to provide that aircraft which has its primary home base in a county other than the county of the owner's residence in any calendar year shall be returned in that county; to provide for matters related thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-16 of the Official Code of Georgia Annotated, relating to the return of certain personal property for ad valorem taxation, is amended by inserting at the end thereof the following:
"(e) (1) As used in this subsection, the term:
(A) 'Aircraft' means any contrivance used or designed for navigation through the air; provided, however, that such term does not include commercial airliners.
(B) 'Primary home base' means an airport where an aircraft is principally hangered or tied down and out of which its flights normally originate.
(2) Any person who owns tangible personal property in the form of an aircraft which has its primary home base in a county in this state other than the county in which such person maintains a permanent legal residence shall return such property for taxation to the

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tax commissioner or tax receiver of the county in which such primary home base is located. Such aircraft which does not have a primary home base in a county of this state other than the county in which the owner maintains a permanent legal residence shall be returned for taxation in the manner provided for in Code Section 48-5-11."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Balfour of the 9th and Henson of the 55th offered the following amendment:
Amend the committee substitute by adding:
"Section 3. This Act shall become effective January 1, 1995."
On the adoption of the amendment, the yeas were 39, nays 0; and the Balfour and Henson amendment to the committee substitute was adopted.
Those voting in the affirmative were Senators:

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

Farrow Gillis Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Madden Marable McGuire

Middleton Newbill Oliver Pollard Ragan of llth Scott Slotin Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Clay Crotts Edge Glanton Gochenour

Guhl Harbison Isakson Perdue Ragan of 32nd

Ralston Starr Thompson

Those not voting were Senators:

Abernathy Alien Blitch

Langford of 35th (excused) Parrish
Ray

Robinson Thomas

On the passage of the bill, the yeas were 35, nays 13.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Clay of the 37th moved that the following bill, having been placed on the Table March 14, be taken from the Table.
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.
On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 1228 was taken from the Table.

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2191

Pursuant to Senate Rule 111, HB 1228, having been removed from the Table, was put upon its passage.
Senate Sponsor: Senator Clay of the 37th.
Senator Madden of the 47th offered the following amendment:
Amend HB 1228 by striking the words "made by law enforcement officers" from line 4 of page 1.
By striking the words "made by law enforcement" on line 12 of page 1.
By striking the word "officers" on line 13 of page 1.
By striking the words "law enforcement officer" on line 19 of page 1.
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Kemp Langford of 29th Madden Marable McGuire

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

Those not voting were Senators:

Abernathy Alien Blitch Crotts

Isakson Langford of 35th (excused) Parrish Pollard

Thomas Tysinger Walker

On the passage of the bill, the yeas were 45, 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 insists on its position in disagreeing to the Senate amendment, and has

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appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bills of the House:
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.
The Speaker has appointed on the part of the House, Representatives Thomas of the 100th, Chambless of the 163rd and Lee of the 94th.
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.
The Speaker has appointed on the part of the House, Representatives Thomas of the 100th, Barnes of the 33rd and Chandler of the 99th.
The House insists on its position in substituting the following bill of the Senate:
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 House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 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 Speaker has appointed on the part of the House, Representatives Byrd of the 170th, Dixon of the 150th and Titus of the 180th.
The House has adopted the report of the Committee of Conference 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.

WEDNESDAY, MARCH 16, 1994

2193

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 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.
The Speaker has appointed on the part of the House, Representatives Lord of the 121st, Culbreth of the 132nd and Williams of the 114th.
The House insists on its position in substituting the following bill of the Senate:
SB 47. By Senator Walker of the 22nd: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to prohibit certain motor vehicle insurers and insurance policies from requiring the use of certain companies or locations for glass replacement or repair services or products insured by such policies; to prohibit certain acts in furtherance of the prohibition.
The House has disagreed to the Senate amendment, to the House amendment, to the following bill of the Senate:
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 following bills were taken up to consider House action thereto:
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.
Senator Ragan of the llth moved that the Senate adhere to its amendment to HB 1715, and that a Conference Committee be appointed.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to its amendment.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Ragan of the llth, Turner of the 8th, and Farrow of the 54th.
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

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exemption provisions; to change the representation upon the Nonpublic Postsecondary Education Commission and qualifications therefor.
Senator Perdue of the 18th moved that the Senate adhere to its amendment to HB 929, and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to its amendment.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Perdue of the 18th, Thompson of the 33rd, and Farrow of the 54th.
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.
Senator Robinson of the 16th moved that the Senate adhere to its amendment to HB 1784, and that a Conference Committee be appointed.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to its amendment.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Robinson of the 16th, Ralston of the 51st, and Farrow of the 54th.
HB 710. By Representatives Purcell of the 147th, Coleman of the 142nd and Parrish of the 144th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the compensation of probate court judges, so as to raise the minimum annual salary of the judges of the probate court.
Senator Pollard of the 24th moved that the Senate insist on its amendment to HB 710.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 710.
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.
Senator Henson of the 55th moved that the Senate adhere to its amendment to HB 170, and that a Conference Committee be appointed.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to its amendment.
The President appointed as a Conference Committee on the part of the Senate the following:

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Senators Henson of the 55th, Edge of the 28th, and Hemmer of the 49th.
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.
Senator Langford of the 29th moved that the Senate adhere to its amendment to HB 914, and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to its amendment to HB 914.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Isakson of the 21st, Walker of the 22nd, and Pollard of the 24th.
The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the provisions 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 authorize 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 licen see 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 municipality 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 compliance with the county or municipal ordinances or building and construction codes; to require 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 performed; to provide for the applicability and effect of this Act with respect to bonding requirements involving contracts for public works as provided in Chapter 10 of Title 13; to provide that said Chap ter 14 of Title 43 shall not prohibit any propane dealer who is properly insured as required

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by law and who holds a liquefied petroleum gas license issued by the Safety Fire Commis sioner from installing, repairing, or servicing a propane system or the gas piping or compo nents of such system; to provide that such propane dealers shall be prohibited from per forming the installation of conditioned air systems or forced air heating systems unless licensed to do so under said chapter; 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 the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking in its entirety subsection (b) of Code Section 43-14-12, relating to the suspension of, or refusal to restore, licenses and cer tificates by municipal or county inspection authorities with respect to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, 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 enduring 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, 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 bond.
(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 require ments involving contracts for public works as provided in Chapter 10 of Title 13."
Section 2. Said chapter is further amended by adding at the end of Code Section 43-1413, relating to the applicability of Chapter 14 of Title 43 concerning the regulation of elec trical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, 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 installation of conditioned air systems or forced air heating sys tems unless licensed to do so under this chapter."

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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.
Senator Dean of the 31st moved that the Senate agree to the House substitute to SB 669.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears
Broun o,f 46th. Brown of 26th BChuerteokns Clay Crotts Day Dean Edge

Egan Farrow Gillis Glanton Gochenour
Hemmer Henson HHiolol ks Huggins Kemp Madden Marable McGuire

Middleton Newbill Oliver Pollard Ragan of
D . t of 32nd ,, "bcaoytt Slotln Starr Taylor Turner Tysinger

Voting in the negative was Senator Harbison.

Those not voting were Senators:

Alien Coleman Isakson Langford of 35th (excused)

Langford of 29th Parrish Perdue Robinson

Thomas Thompson Walker

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 669.
The following bills were taken up to consider House action thereto:
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.
Senator Brown of the 26th moved that the Senate adhere to its disagreement to the House substitute and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute.
The President appointed as a Conference Committee on the part of the Senate the following:

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Senators Brown of the 26th, Oliver of the 42nd and Henson of the 55th.

SB 47. By Senator Walker of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to prohibit certain motor vehicle insurers and insurance policies from requiring the use of certain companies or locations for glass replacement or repair services or products insured by such policies; to prohibit certain acts in furtherance of the prohibition.

Senator Pollard of the 24th moved that the Senate adhere to its disagreement to the House substitute to SB 47 and that a Conference Committee be appointed.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 47.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Walker of the 22nd, Isakson of the 21st and Pollard of the 24th.

HR 124. By Representative Holland of the 157th: A resolution compensating Mr. Walter Lewis.

The House amendment was as follows: Amend the Senate amendment to HR 124 as follows: Strike the figure "$3,000" and insert in lieu thereof the figure: "$5,500." Senator Dean of the 31st moved that the Senate agree to the House amendment to the Senate amendment to HR 124. 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 Brown of 26th Burton Cheeks Coleman Dean Edge Farrow

Gillis Glanton Gochenour Harbison Hemmer Hill Hooks Huggins Kemp Madden Marable McGuire Middleton

Newbill Oliver Ragan of llth Ragan of 32nd Ray Scott Slotin Starr Taylor Turner Tysinger

Those voting in the negative were Senators:

Day

Egan

Those not voting were Senators:

Alien Broun of 46th Clay Crotts

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

Guhl
Parrish Perdue Pollard Ralston

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Robinson Thomas

Thompson

Walker

On the motion, the yeas were 37, nays 3; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has agreed to the Senate amendment, to the House substitute, to the follow ing bill of the Senate:

SB 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 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 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.
The House has adopted the report of the Committee of Conference on the following resolution of the Senate:

SR 203. By Senators Hill of the 4th, Perdue of the 18th, Taylor of the 12th, Ragan of the llth and Gillis of the 20th:
A resolution proposing an amendment to the Constitution so as to authorize counties and municipal corporations to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property lo cated in such county or municipal corporation with other counties or municipal corporations with which the assessing county or municipal corporation has con tracted; to provide for the submission of this amendment for ratification or rejection.
The House recedes from its position in disagreeing to the Senate amendment to the following bill of the House:

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.

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The following bills were taken up to consider House action thereto:

HB 492. By Representatives Mueller of the 152nd, Purcell of the 147th, Dixon of the 150th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to pro vide for a presumption that proficiency in Braille reading and writing is essential for the education of blind students; to provide for an inventory of Braille skills.

Senator Newbill of the 56th moved that the Senate adhere to the Senate amendment to HB 492, and that a Conference Committee be appointed.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to its amendment to HB 492.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Hill of the 4th, Marable of the 52nd, and Newbill of the 56th.

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.

Senator Scott of the 36th moved that the Senate recede from its amendment to the House amendment to SB 395.
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 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 Madden Marable McGuire

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

Voting in the negative was Senator Oliver.

Those not voting were Senators:

Alien Boshears Crotts Kemp

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

Parrish Thomas Walker

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On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate receded from its amendment to the House amendment to SB 395.
The following resolution was taken up to consider House action thereto:

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.

Senator Hill of the 4th moved that the Senate insist on its amendment to HR 921.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted on its amendment to HR 921.

The following bill was taken up to consider the Conference Committee Report thereon:

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.

The Conference Committee Report was as follows:
The Committee of Conference on HB 1314 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1314 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Jack Hill Senator, 4th District
/s/ David Ralston Senator, 51st District
/s/ Terrell A. Starr Senator, 44th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ John Godbee Representative, 145th District
1st A. Richard Royal Representative, 164th District
/s/ Charles D. Thomas, Jr. Representative, 100th District

Conference Committee substitute to HB 1314:
A BILL
To be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change definitions relating to capital outlay funds for education; to provide for policies, guidelines, standards, and re sponsibilities of the State Board of Education with regard to capital outlay projects; to change minimum school size and grade configuration requirements for the purpose of cer tain capital projects; to delete funding authorization for planning studies; to provide for construction projects for exceptional growth school systems; to provide for additional condi tions prior to requesting or expending state or local funds for certain capital projects and prior to closing certain schools; to change the provisions relating to capital funding priori ties; to authorize certain changes in plans for capital projects and prohibit certain actions as a result of those changes; to delete certain provisions relating to statutory construction; to change the provisions relating to funding of school mergers and consolidations; to change certain conditions relating to sparsity grants; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by striking Code Section 20-2-260, relating to capital outlay funds, and inserting in its place the following:
"20-2-260. (a) It is declared to be the policy of the State of Georgia to assure that every public school student shall be housed in a facility which is structurally sound and well main tained and which has adequate space and equipment to meet each student's instructional needs as those needs are denned and required by this article.
(b) As used in this Code section, the following words or terms shall have the following meanings:
(1) 'Addition' refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site.
(2) 'Annual debt service' is denned as expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the inter est on the principal as well as the principal of the debt.
(3) 'Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities.
(4) 'Construction project' refers to the construction of new buildings, additions or ex pansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes con nected thereto, related to educational facilities.
(5) 'Educational facilities' shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall include classrooms, li braries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafetoriums, media centers, building equipment, building fixtures, furnishings, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition and the central and area administrative offices of local units of administration.
(6) 'Educational facilities survey' is defined as a systematic study of present educational facilities and a five-year forecast of future needs which shall include, but shall not be lim itcd to, the needs act forth in subsection (j) of thia Code section baaed on the instructional program and service requirements of thia article.
(7) 'Entitlement' refers to the maximum portion of the total need that may be funded in a given year.
(7.1) 'Exceptional growth' means an increase in the average of a local school system's average full-time equivalent student count for the three most recently completed school years when compared to the average of that system's average full-time equivalent count for the three most recently completed school years prior to the most recently completed school year.
(8) 'Full-time equivalent student count' is defined as the average of the two full-time equivalent counts pursuant to Code Section 20-2-160 for a school year; provided, however, that the average daily membership shall be used in lieu of such full-time equivalent student counts for school years for which such counts are not available.
(9) 'Local funds' refers to funds available to local school systems from sources other than state and federal funds except any federal funds designed to replace local tax revenues.

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(10) 'Net equalized adjusted school property tax digest' is defined as the equalized ad justed school property tax digest furnished pursuant to Code Section 48-5-274, reduced in accordance with paragraphs (1) and (2) of subsection (a) of Code Section 20-2-164.
(11) 'Physical education facility' is defined as any facility which is designed for an in structional program in physical education and shall exclude any spectator stands, lobbies, public restrooms, concession areas, or space normally identified to serve only the interscholastic athletic program in which the school may participate.
(12) 'Renovation' or 'modernization' or both refers to construction projects which con sist of the initial installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifi cations within an existing facility, but excluding routine maintenance and repair items or operations.
(13) 'Required local participation' is defined as the amount of funds which must be contributed by local school systems from local funds for each construction project.
(14) Unhoused students is defined as those students who are not housed in school facili ties which are structurally sound with adequate space as defined by the state board.
(15) 'Weighted full-time equivalent student count' is defined as the average weighted full-time equivalent count as defined in paragraph (3) of subsection (a) of Code Section 202-165.
(c) The State Board of Education shall adopt policies, guidelines, and standards, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' that meet the requirements specified in this Code section. The state board's responsibilities shall include the following:
(1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local school system. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in per manent and temporary buildings; designations for each instructional space in permanent and temporary buildings occupied Hy"designated state approved instructional programs, fed eral programs, or local programs not required by the state; local property assessment for bond purposes; outstanding school bonds and annual debt service; and buildings and facili ties not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Education staff shall annually review, certify the accuracy of, and approve each local school system's inventory;
(2) To adopt policies, guidelines, and standards for the educational facilities survey re quired of local school systems. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board of education, the servicing regional educational services agency, and other educational centers and agen cies servicing the local board; and individuals deemed unacceptable by the local board. The state board shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and sup port space; assessment of existing educational facilities; extent of obsolescence of facilities; and recommendations for improvements, expansion, modernization, safety, and energy re trofitting of existing educational facilities. The Department of Education staff shall review and certify as to the accuracy of each educational facilities survey. The state board shall approve or reject the recommendations of the survey team and shall establish appeal proce dures for rejected surveys;

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(3) To adopt policies guidelines and standards for educational facilities construction plans. Local school system facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educa tional facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; proposed construction projects for the purpose of consolidating small, inefficient educational facilities, if any which are less than the minimum size specified in subsection (q) of this Code section; and other construction projects needed to house the instructional programs authorized by provisions of this article;
(4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per student; number and size of classrooms; allow able construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities. The state board shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and support ive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, mod ernization, or additions, provided that such additions do not increase the student capacity of the facility substantially above the capacity for which it was designed;
(5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assess ment shall be developed from, among other sources, vital statistics published by the Depart ment of Human Resources, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans and shall reflect circumstances where rapid population growth is caused by factors not reflected in full-time equivalent student projection research. In addition, the state board shall develop a consistent, systematic research approach to full-time equivalent student pro jections which will be used in the development of needs within each local unit. Projections shall not be confined to full-time equivalent resident students but shall be based on fulltime equivalent student counts which include full-time equivalent nonresident students, whether or not such full-time equivalent nonresident students attend school pursuant to a contract between local school systems. The full-time equivalent projection shall be calcu lated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation. The schedules for allowable square footage and cost per square foot shall be specified in regula tions by the State Board of Education;
(6) To adopt policies, standards, and guidelines to ensure that the provisions of subsec tions (e), (f), (g), d (h), (i), (j), and (k.l) of this Code section relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance funding for certain construction projects, exceptional growth construction projects, and consolidation of schools across system lines are carried out;

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(7) To review and approve proposed sites and all architectural and engineering draw ings and specifications on construction projects for educational facilities to ensure compli ance with state standards and requirements, and inspect and approve completed construc tion projects financed in whole or in part with state funds, except construction projects under supervision of the Georgia State Financing and Investment Commission. The state board may designate selected local units of administration which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of the Georgia State Financing and Investment Commission;
(8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources; and
(9) To provide procedures whereby local school systems may revise their educational facilities plans or the priority order of construction projects requested to reflect unforeseen changes in locally identifiable needs, which revisions shall be approved by the State Board of Education, providing that such revisions meet state and local building codes, fire marshal certification, architectural requirements, and minimum size requirements under subsection (q) of this Code sectioril
(d) In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (g) and (h) of this Code section, each local school system must meet the following conditions and requirements:
(1) Prepare and annually update the real property inventory in accordance with provi sions of subsection (c) of this Code section;
(2) Complete a local educational facilities plan in accordance with provisions of subsec tion (c) of this Code section. Each proposed construction project shall be identified accord ing to the purposes for capital outlay funds as provided in subsection (e) of this Code sec tion. Each local school system shall specify the order of importance of all proposed construction projects. When two or more local school systems agree on the need for a consol idation project pursuant to subsection (e) of this Code section, the estimated construction cost shall be prorated to the participating local school systems and included with their iden tification of needs in accordance with the proportion of the number of students to be served from each local school system;
(3) Prepare and annually update the local educational facilities needs in accordance with provisions of subsection (c) of this Code section;
(4) Complete a comprehensive educational facilities survey at least once every five years in accordance with provisions of subsection (c) of this Code section in order to formulate plans for educational facilities to house adequately the instructional program authorized by this article. Prior to initiating the survey, the local school system must file a written request with the State Board of Education that a survey be done in its behalf and recommending the individuals who will conduct it. The cost of the survey shall be paid from local funds;
(5) Submit requests for capital outlay funds to the Department of Education;
(6) Submit descriptions of proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the Department of Edu cation for review and approval in accordance with provisions of subsection (c) of this Code section;
(7) Revise the local educational facilities plan and priority order of requested construc tion projects in accordance with provisions of subsection (c) of this Code section;
(8) Provide required local participation; and
(9) The Bryan County and Laurens County school systems shall be considered sparsity systems under Code Section 20-2-292 due to barriers which divide each of the systems for the purpose of capital outlay funding. The State Board of Education shall not apply base

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size criteria or require other criteria under Code Section 20-2-292 to Bryan County and Laurens County when qualifying requested construction projects under this Code section.
(e) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes:
(1) To provide construction projects needed because of increased student enrollment, or exceptional growth or to replace educational facilities which have been abandoned or de^ stroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing edu cational facilities or portions thereof to diiferent sites;
(2) To provide construction projects to renovate, modernize, or replace educational fa cilities in order to correct deficiencies which produce educationally obsolete, unsafe, inacces sible, energy inefficient, or unsanitary physical environments;
(3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof to different sites in order to house changes in the instructional program authorized and funded under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local school system;
(4) To provide construction projects to consolidate educational facilities which have fewer pupils than required for the minimum school population by the State Board of Edu cation specified in subsection (q) of this Code section or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof to different sites;
(5) To provide construction projects to consolidate the total student populations in ele mentary, middle, or high schools across local school system lines. In such projects, there shall be no requirement to include a vocational wing as defined within the high school struc ture but neither shall such vocational wing be excluded for funding purposes; and
(6) To reimburse local school systems for current principal payments on local indebted ness for state approved construction projects for educational facilities. No local school sys tem may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed.
(f) The state and each local school system shall provide capital outlay funds for educa tional facilities in accordance with this subsection as follows:
(1) The required local participation shall be 25 percent of the eligible project cost as modified by the local ability ratio and annual debt service. The local ability ratio shall be determined by dividing the local school system's net equalized adjusted school property tax digest per weighted full-time equivalent resident student by the state-wide net equalized adjusted school property tax digest per weighted full-time equivalent resident student. The resulting ratio shall be multiplied by 25 percent of the cost of the eligible construction pro ject to determine the required local participation. A local school system may reduce its re quired local participation by an amount equal to no more than 75 percent of annual debt service payments of interest and principal on local bonds issued for eligible construction projects. Regardless of the above, no local school system's required local participation shall be less than 10 percent nor greater than 25 percent of the cost of an eligible construction project except as provided in paragraph (2) of this subsection; and
(2) The state shall participate in no more than 25 percent of the cost of construction projects related to damage to educational facilities caused by fire or natural disaster.
(g) (1) In order to determine a reasonable total funding level for the purposes stated in subsection (e) of this Code section, excluding funds provided for exceptional growth pursu ant to subsection (j) of this Code section, and to establish a fair and equitable distribution of funds to local school systems, the State Board of Education shall annually determine a

WEDNESDAY, MARCH 16, 1994

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level of authorization. For a given fiscal year, the new authorization level may equal zero but shall not exceed $100 million, adjusted annually to reflect the changes in the current annual construction cost data maintained by the Department of Education pursuant to paragraph (4) of subsection (c) of this Code section. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calcula tions shall be made for at least three levels below the $100 million maximum authorization, adjusted as specified in this paragraph.
(2) In setting the annual authorization level under this subsection, the state board shall consider any previously authorized but unfunded amounts together with the total estimate of funds needed for school facilities in the state. Such total state facilities needs pursuant to this subsection shall be computed by summing the following:
(A) The total facility improvement needs included in the most recent five-year educa tional facilities plan, excluding exceptional growth construction projects which shall be re quested under subsection (j) of this Code section, which has been reviewed by a survey team and approved by the state board. Such needs shall annually be adjusted downward for projects financed by either state or local funds and shall annually be adjusted upward or downward to reflect changes in the full-time equivalent student counts but shall not be otherwise adjusted upward except upon approval of a new or revised five-year plan pursuant to subsections (c) and (d) of this Code section; and
(B) The sum of the annual debt service payments for the five-year period of the latest survey (that used in subparagraph (A) of this paragraph), excluding payments for postsecondary facilities, athletic facilities, administrative facilities, or other projects not in cluded in the approved five-year plan pursuant to subsections (c) and (d) of this Code sec tion. Such payments shall annually be adjusted downward for any portion used in lieu of required local participation as allowed in subsection (f) of this Code section and shall be adjusted upward for the remaining portion of the five-year period for increases in the an nual debt service payments resulting from local financing of projects covered by the state board approved plan.
(3) Each local school system shall be entitled to a portion of the total authorization set by the state board annually under this subsection based on the ratio of that local school system's needs as computed in paragraph (2) of this subsection to the total of all local school systems' needs. In addition to the annual entitlement, the local school system is eligi ble to receive any entitlement accrued from previous years for which state funds have not yet been received. Any change in the method of determining entitlements in subsequent years shall in no way affect the amount of previously accrued entitlements.
(4) In order to determine the amount of state funds to be requested for a given fiscal year under this subsection, total new and accrued entitlements must be compared to the state portion of the current cost estimates of the projects approved in the educational facili ties plan in priority order. Such comparison shall be made for each of the incremental enti tlement levels required in paragraph (1) of this subsection. In the event that projects re quested for funding exceed the total state entitlements and required local participation, local school systems may elect to contribute additional local funding. Local funds contrib uted in excess of required local participation may be credited as debt service credit only toward required local participation in subsequent years pursuant to paragraph (1) of subsec tion (f) of this Code section, provided that the requested state appropriation for this subsec tion shall not exceed $100 million annually and, if necessary, the new entitlement level shall be reduced to comply with this limitation.
(5) The final level of entitlements actually authorized by the state board for a fiscal year shall be that level which is consistent with the Appropriations Act for that year.
(h) A local school system may receive state capital outlay funds for one construction project under the advance funding category to meet educational facilities needs due to the following:

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(1) Extraordinary growth of student population in excess of the capacity of existing facilities;
(2) Destruction of or damage to educational facilities by fire or natural disaster, limited by the provisions of paragraph (2) of subsection (f) of this Code section;
(3) Replacement of educational facilities which have been certified as hazards to health or safety;
(4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local participation amounts, estimated in accordance with the total entitlement intended for authorization by the State Board of Edu cation; and
(5) Projects for consolidation of schools across local school system lines which have costs that exceed the combined annual entitlements of the participating local school sys tems. Such projects shall meet, with the exception of paragraph (2) of this subsection, the following conditions to qualify for advanced funding:
(A) The local school systems have specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly;
(B) Annual entitlements accrued under subsection (g) of this Code section have offset any advanced funding previously granted, except that no more than three years of combined entitlements of the participating local school systems shall be required to offset advance funding for consolidation projects pursuant to paragraph (5) of subsection (e) of this Code section;
(C) The projects to be funded are not in addition to projects funded for local school systems under the provisions of subsection (g) of this Code section in a given year; and
(D) The required local participation and all other procedural requirements of this Code section are met.
(i) Local school systems may receive capital outlay funds for construction projects to consolidate or reorganize schools under an advance funding category; provided, however, that each local school system is limited to one project per fiscal year except when a second project is required to effectuate consolidation or reorganization of the schools simultane ously and that each construction project meets the following conditions:
(1) A school size and organizational study has been completed by the Department of Education;
(2) The local school system has adopted a comprehensive plan to reorganize to a K-6, 6 8, 0 12 organizational pattern, or an organizational pattern congruous with this pattern, and so that each school within the system funded under this subsection shall meet or exceed the baae aizca specified in subsection (b) of Code Section 20-2-201 the minimum sizes specified in subsection (q) of this Code section or the membership rcprcocntcd in these grade orgaaizationa ia 100 percent of the local school ayotcm'a student population in the affected grndea contain all the students within the local school system for the respective school level; pro vided, however, that nothing contained in this subsection shall be construed so as to require an existing school to change its current grade configuration;
(3) The local facilities plan to implement this reorganization or consolidation of schools has been approved by a comprehensive survey team and the State Board of Education;
(4) The project proposed for advance funding must be accomplished in order for the reorganization or consolidation to be implemented; provided, however, that the proposed project may include renovation and modification of existing facilities, as well as additions to existing facilities and construction of new facilities if the reorganization or consolidation cannot be implemented until these activities have been completed;

WEDNESDAY, MARCH 16, 1994

2209

(5) The combined project total would otherwise require more than three years of the combined annual entitlement and required local participation, with said combined annual entitlement and required local participation amount estimated in accordance with the total entitlement intended for authorization by the state board;
(6) A schedule for funding the activities required to effect the reorganization or consoli dation has been developed as a part of the organizational study, incorporated into the local facilities plan, and approved by the local board of education and the state board, and the funding for those activities required to effect the reorganization or consolidation will be scheduled over a one to five-year period;
(7) The project to be funded is not in addition to projects funded for a given local school system under the provisions of subsection (g) of this Code section for the fiscal year in which it is to be funded; and
(8) The required local participation and all other procedural requirements of this Code section are met.
(j) The State Board of Education ia authorized to request funds for planning studies one or two years prior to the request for the funding of specific facility projects or to include the eoata of such studies within the total coat of facility projects; provided, however, that all ouch project design studies arc for projects included in the local school systems' facility conatruction plans specified in paragraph (8) of aubacction (c) of thia Code acction.
(j) (1) In order to determine a reasonable funding level under this subsection and to establish a fair and equitable distribution of funds to local school systems for construction projects needed because of exceptional growth, the State Board of Education shall annually determine a level of authorization. For a given fiscal year, the new authorization may equal zero but shall not exceed $100 million. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calculations shall be made for at least three levels below the $100 million maximum authorization.
(2) In setting the annual authorization level for exceptional growth funding, the state board" shall consider any previously authorized but unfunded amounts under this subsection together with the total estimate of funds needed for school facilities as a result of excep tional growth as computed under subparagraph (A) of this paragraph. The annual entitle ment for each school system experiencing exceptional growth shall be computed as follows:
(A) The average of each school system's average full-time equivalent count for the three most~recently completed school years will be compared to the average of that system's aver age full-time equivalent count for the three most recently completed school years prior to the most recently completed school year. For each school system with an increased average count after the above calculation, the amount of such increase will be divided by the total increase for all school systems with an increased average count under this subsection to provide the ratio of each system's growth to the total growth of all systems with exceptional growth; and
(B) Each of the school systems identified as being an exceptional growth system under subpliragraph (A) of this paragraph shall be entitled to a portion of the total entitlement authorization set by the General Assembly annually for exceptional growth based on each system's relative exceptional growth to the sum of exceptional growth for all systems as determined in subparagraph (A) of this paragraph. The entitlement for each school system shall be determined annually by multiplying each system's ratio of need to the total need for exceptional growth by each of the program authorization levels required in paragraph (1) of this subsection. In addition to the annual entitlement, the local school system is eligible to receive any entitlement accrued under this subsection from previous fiscal years for which state funds have not been received. Any method of determining entitlements in subsequent years shall in no way affect the amount of previously accrued entitlements.
(3) The level of entitlement approved by the General Assembly and authorized by the state board shall not be greater than a total level of entitlement which, when divided by the sum of exceptional growth for all school systems with exceptional growth, provides a cost

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per average exceptional growth full-time equivalent student that is not greater than the average of construction costs per full-time equivalent student for elementary school, middle school, and high school construction as provided in paragraph (5) of subsection (c) of this Code section, the average of which three costs shall be reduced by the local participation required by subsection (f) of this Code section.
(4) In order to determine the amount of state funds to be requested for a given fiscal year"under this subsection, total new and accrued entitlements under this subsection must be compared to the state portion of the current cost estimates for all projects approved for exceptional growth. Such comparisons shall be made for each of the incremental entitlement levels required in paragraph (1) of this subsection. In the event that funding requested for new construction for exceptional growth exceeds the total state entitlements earned for ex ceptional growth and the required local participation, local school systems may elect to con tribute additional local funding. Local funds contributed in excess of required local partici pation may be credited as debt service credit pursuant to paragraph (1) of subsection (f) of this Code section?
(5) The final level of entitlements actually authorized by the state board for a fiscal year shall be that level which is consistent with the Appropriations Act for that year
(6) Local school systems may receive state capital outlay funds for exceptional growth projects if that system experienced exceptional growth and the following conditions are met:
(A) The local school system has specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly;
(B) Any construction project submitted to utilize growth entitlement shall include con struction of at least one new instructional unit. If sufficient growth entitlement is not cur rently available for all of the new instructional units needed under this subsection, additional local funds or entitlements available to meet construction needs identified in the school system's facilities plan pursuant to subsection (g) of this Code section may be com bined with any entitlement available for exceptional growth pursuant to this subsection for the purpose of completing all construction needs identified at a school. Entitlements earned under this subsection shall not be withheld, recalculated, or otherwise reduced for any con struction project approved under subsection (g) of this Code section. Exceptional growth entitlement shall be utilized for construction of new instructional units at an existing school or for new schools only for those schools which, following the completion of such construc tion, meet the minimum size specified in subsection (q) of this Code section. Other funding sources must be utilized for any renovation or modification activities which may be needed; and
(C) The local participation required under subsection (f) of this Code section and all other procedural requirements of this Code section are met.
(k) The State Board of Education shall request separate appropriations for each of the following categories:
(1) Regular entitlements pursuant to subsection (g) of this Code section;
(2) Regular advance funding projects pursuant to paragraphs (1) through (4) of subsec tion (h) of this Code section;
(3) Construction projects resulting from the consolidation of schools across local school system lines pursuant to paragraph (5) of subsection (h) of this Code section;
(4) Construction projects resulting from merger of local school systems pursuant to sub section (a) of Code Section 20-2-291;
(5) Advance funding projects for consolidation or reorganization of schools pursuant to subsection (i) of this Code section; and
(6) Planning studies pursuant to subsection (j) of this Code section Exceptional growth construction projects pursuant to subsection (j) of this Code section.

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(k.l) Prior to a local board of cdueation'a submitting an advanced incentive funding request to the State Department of Education fof State Board of Education approval under subsections (i) and (j) of thia Code section, the local board of education shall conduct the
(1) The board of education muat aehcdulc and hold at least two public hearings and provide an opportunity for full discussion of the local board of education's consolidation or reorganization -pktn;
(2) The public hearings ahall be advertised in the official newspaper and ahall include, but shall not be limited to!
(A) Identification of each school to be closed and location of each new school;
(B) Proposed size of each new school in terms of number of students and grade configuration;
(C) Proposed renovations, modernization, retrofitting, or expansion of existing schools designed to accommodate consolidation;
(D) Total coat, including breakdown for state and local shares, and for ochool construc tion projecta resulting from consolidation. Local coats shall include identifying propoaed aourcca of funda, whether from bond referendum proeccda or other sources',
(E) Plans for use or diapoaal of closed school property;
(F) The impact alternative options would have on the school system's planned curricu lum and programs;
(C) The options in the school size and organisation study, and
(H) The financial impact of the options on all aehoola;
(k.l) Prior to a local board of education's submitting a funding request to the State Department of Education for State Board of Education approval for a construction project which involves the closing of any existing school or schools and the construction of new classrooms or schools resulting in the transporting of students to another new or existing school to which will be assigned the students in the school or schools to be closed and prior to a local board of education's utilizing any local school tax funds, including but not limited to proceeds of general obligation bonds, for any such construction project, and prior to a local board of education's decision becoming effective to close any existing school where such closing results in the transporting of students from the school to be closed to any new or existing school or schools even though no additional capital funding is required as a result of the assignment thereto of those students from any school to be so closed, the local board of education shall conduct the following:
(1) The board of education must schedule and hold two public hearings and provide an opportunity for full discussion of the local board of education's proposal to close such school or schools!
(2) The public hearings shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the board of education are advertised and shall include, but not be limited to:
(A) Identification of each school to be closed and location of each new or existing school to which the students in the school or schools to be closed will be reassigned;
(B) Proposed size of each new school in terms of number of students and grade configuration;
(C) Proposed expansion of existing schools designed to accommodate students being reassigned from the school or schools to be closed;
(D) Total cost, including breakdown for state and local shares, for school construction projects required to house students being reassigned from the school or schools to be closed.

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Local costs shall include identifying proposed sources of funds, whether from bond referen dum proceeds or other sources; and

(E) Plans for use or disposal of closed school property.

(3) The board of education shall request formal, written comments or suggestions re

garding the system's organizational pattern or school sizes and shall allow appropriate dis

cussion during the public hearings;

~

(4) Any registered voter may file with the local board of education a notice of intent to file a petition when the votcf wiahca to express opposition to a school system's local facilities plan as it pertains to consolidation of schools within that system. A petition with the signa ture of at least 26 percent of the qualified, registered voters within that system's jurisdiction must be filed with the board of education within 60 days after the notice of intent to file a petition has been received by the board. The signatures on the petition must be validated against the official list of registered voters; Any person who is qualified and registered to vote for a member of a local board of educaBon and who resides within the school district under the management of that board may file with that board a notice of intent to file a petition pursuant to this paragraph and may sign any such petition. That petition shall be lfor the purpose of expressing opposition to the decision of such board to close any school listed for closure in the advertisement published pursuant to paragraph (2) of this subsec tion. That notice of intent shall be filed within 30 days after the second hearing under paragraph (1) of this subsection to discuss any such school closing. That petition must be filed with such board of education within 60 days after notice of intent to file such petition has been received by such board. Within ten days after such petition has been so received, that board shall transmit the petition to the election superintendent of the political subdivi sion which levies ad valorem taxes for educational purposes for that local board of educa tion. Such election superintendent shall validate the signatures on the petition against the official list of voters who are qualified to sign such petition. If the petition so validated contains the signatures of at least 25 percent of the number of electors who were registered and qualified to vote at the last preceding general or special election for members of that local board of education, that board shall be so notified in writing by that election superintendent;

(5) The local board of education and the petitioners shall meet to reaolvc differences. The petitioners shall select a delegation of no more than ten members, of whom six ahall be parents of students in the affected schools. The chairman of the local board of education shall notify the petitioners of the date, time, and place for meeting to addrcaa their differ ences. The local board of education shall render a final decision on the petition within 60 days from the initial meeting to discuss differences; and Within 15 days after receiving noti fication that a petition containing the required number of signatures has been validated under paragraph (4) of this subsection, the local board of education shall so notify in writing any person who filed with the board a notice of intent to file that petition and notify each such person of the rights of the petitioners to select a delegation thereof under this para graph. Within 20 days after receiving such notice, the petitioners must select from their number a delegation of no more than ten members, of whom six shall be parents of students in the schools to be closed, and notify the board of the names and addresses of those delega tion members. The chairperson of the local board shall notify the selected delegation of petitioners of the date, time, and place for meeting to address their differences regarding the school closings. The local board of education and the delegation of petitioners shall resolve whether any or all of the schools proposed to be closed should be closed and report the final decision agreed upon by the board and a majority of the delegation of petitioners within 60 days from the date the board received notification that the petition was validated. The re port shall be transmitted to the election superintendent who validated such petition and to the State Board of Education;

(6) An opposition report shall be filed by the board of education to report resolution of opposition before advanced incentive funds shall be awarded to that system. If no such decision is agreed upon or reported as provided in paragraph (5) of this subsection, the

WEDNESDAY, MARCH 16, 1994

2213

election superintendent who validated the petition shall be required to call and conduct a special election for the purpose of submitting for approval or rejection the proposed school closing actions of the board of education to the electors of the school district under the management of such board. That special election shall be called and conducted as provided under Title 21 for the county or municipality which levies ad valorem taxes for educational purposes for that board. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the county in which lies the legal situs of such board. The ballot shall have written or printed thereon the following:

'[ ] YES [ ] NO

Shall the action of the board of education of (name of county or indepen dent board) be approved which provides for the closing of the following schools: (List each school to be closed as specified in the advertisement re ferred to in the validated petition)?7

All persons desiring to vote for approval of the closings shall vote'Yes,' and those persons"clesiring to vote for rejection of such closings shall vote 'No.' The expense of such election shall be borne by the county or municipality which levies ad valorem taxes for educational purposes for the school district under the management of such board of educa tion. It shall be the duty of the election superintendent to certify the result of such election to such board of education, the Department of Education, and the Secretary of State; and

(7) If more than one-half of the votes cast on such question pursuant to paragraph (6) of this subsection are for approval of the school closings or if the local board and delegation of petitioners reached and reported a final decision agreeing upon the schools to be closed as provided in paragraph (6) of this subsection, state capital outlay funds may be awarded to that board for construction projects undertaken for the purpose of housing students to be reassigned from any such school to be closed, local funds may be used for such purposes, and the school closings approved may become effective even though no additional capital funding is required as a result of the assignment of students from a school so closed to a new or existing school; otherwise, such funds may not be awarded or used for such purposes and such school closings may not become effective for a period of four years from the date of the validation of the petition under paragraph (4) of this subsection, after which time the board of education shall be required to comply with paragraphs (1) through (6) of this sub section and this paragraph in order to obtain or use any funds for such purposes or close such schools.

(1) In the event the General Assembly is unable to appropriate the funds needed for a fiscal year to finance the total request of the State Board of Education under this Code section, the following priorities shall apply to the funds appropriated:

(1) Facility projects requested pursuant to subsection (g) and (j) of this Code section;

(2) Planning studies Reserved;

(3) Facility projects requested pursuant to paragraphs (1) through (4) of subsection (h) of this Code section, subject to the following subpriorities:

(A) Facility projects needed to address extraordinary growth;

(B) Facility projects resulting from destruction or damage caused by fire or natural disaster;

(C) Facility projects needed to address hazards to health or safety; and

(D) Facility projects needed for unhoused students;

(4) Facility projects needed to effectuate local school system mergers pursuant to sub section (a) of Code Section 20-2-291;

(5) Facility projects requested pursuant to paragraph (4) of subsection (h) of this Code section, subject to the following subpriorities:

(A) Students housed in substandard or obsolete facilities;

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(B) Facility projects designed to consolidate schools smaller than the respective base sizes minimum sizes specified in subsection (q) of this Code section; and
(C) Facility projects designed to meet state board requirements or for modernization;
(6) Facility projects needed to develop schools which will serve students across local school system lines pursuant to subsection (b) of Code Section 20-2-291; and
(7) Facility projects requested pursuant to subsection (i) of this Code section, subject to the same order of subpriorities specified in paragraphs (3) and (5) of this subsection.
(m) The State Board of Education shall implement a computerized student projection program for each school system in Georgia as a component of the state-wide comprehensive educational information network. The program shall be used in this subsection to forecast facility needs in each system by projecting full-time equivalent student counts for each grade level and shall be written in the educational facilities survey. The projection program methodology at least must correlate live-birth data to full-time equivalent student counts and project full-time equivalent student counts for each of the grades, including kindergar ten, for each of the next five years using cohort survival.
(n) The State Board of Education shall request funds for capital outlay purposes as defined in subsections (a) through (j) of this Code section for each school system and pro ject. For each project, the state board shall present to the Education and Appropriations committees of the House of Representatives and the Senate of the General Assembly by object of expenditure all costs contributing to the construction project. This itemization shall include, but not be limited to, architectural fees, new construction, modification, and renovation costs for the project. Itemization for additions, modifications, and renovations shall include type of classrooms by purpose, estimated square footages, and costs for hall ways, restrooms, administrative offices, lunchrooms, and media centers. Costs for new facili ties shall be budgeted by the current construction cost times the total square footage required.
(o) Any other provisions of this Code section to the contrary notwithstanding, when the board of education of a local school system has called and held a bond election to incur bonded indebtedness to construct a school or schools for the purpose of high school consoli dation within the school system and a majority of the voters voting in said bond election voted against incurring such debt, then for a period of four school years immediately follow ing the school year during which the bond election was held, the local school system shall not receive any funds for such purpose pursuant to the provisions of subacctiono subsection (i) and (j) of this Code section. The provisions of this subsection apply to bond elections held at any time after January 1, 1989.
(p) Any system which has not submitted a plan for consolidation or reorganization of schools to the State Board of Education by July 1, 1992, shall not be allowed to request state funds under oubaections subsection (i) and (j) of this Code section. Any such plan submitted prior to July 1, 1992, which has been changed since its submission and approved by the State Board of Education pursuant to paragraph (9) of subsection (c) of this Code section shall not disqualify the local board from requesting and receiving funds to imple ment the changed plan under subsection (i) of this Code section unless, as a result of the change, any school in the plan will be less than the minimum size specified therefor in subsection (q) of this Code section. A change resulting in any school in the plan being less than such minimum size shall not result in the recalculation of entitlements or withholding of funds for any construction project in the plan unless!
(1) That project involves a school which is less than such minimum size; and
(2) Construction upon that project has neither been begun nor completed.
(q) Any construction project on an existing school facility which ia leas than base sisc as defined in aubacctions (b) and (c) of Code Section 20 2-201 and identified by the local board of education in the educational facility survey pursuant to subsection (c) and (d) of this Code section shall be approved by the State Board of Education. Construction projects

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which are identified by the local board pursuant to subsections (c) and (d) of this Code section and which contain a projected FTE of more than 200 students in an elementary school, 400 students in a middle school, and 500 students in a high school, regardless of grade configuration, as defined in subsection (c) of Code Section 20-2-291, or which contain all the students within the local school system for such respective school level shall be eligi ble to receive full capital outlay funding pwatttmt-te under the conditions specified in sub sections (g), (h), and (i), and (j) of this Code section. Provided, however, that nothing con tained in this subsection shall be construed so as to require an existing school to change its current grade configuration, provided, however, that nothing contained in this subsection shall be construed so aa to change or increase the amount of entitlement for which a aystcm ia eligible.
(r) Notwithstanding any other provisions of this Code section, when the board of educa tion of a local school system has called and held a bond election to incur bonded indebted ness to construct a school or schools for the purpose of high school consolidation or closing any school within the school system and a majority of the voters voting in said bond election voted against incurring such debt or a local board is under litigation to prevent a consolida tion project under subsection (h) or (i) and (j) of this Code section or closing any school, whether funds have been allocated or not, the procedures established in paragraph (6) of subsection (k.l) of this Code section shall be followed."
Section 2. Said article is further amended by striking Code Section 20-2-291, relating to funding for certain school mergers and consolidations, and inserting in its place the following:
"20-2-291. (a) In the event a local school system is voluntarily merged with one or more adjoining local school systems under the provisions of Code Section 20-2-60 or Code Sec tions 20-2-370 through 20-2-372, all local school systems which are party to such voluntary merger shall not be required to finance any portion of the costs for new construction or renovation of existing facilities qualified under Code Section 20-2-260 that are needed to effectuate the merger of the school systems, subject to appropriation by the General Assembly.
(b) In the event two or more local school systems voluntarily consolidate two or more elementary, middle, or high schools into a single school which meets or exceeds the (base minimum sizes specified in subsection {e} (q) of thia Code section Code Section 20-2-260 or 100 percent of the student population forThe respective school level from all local school systems which are party to the consolidation will attend such school, all local school systems involved in such consolidation shall not be required to finance any portion of the costs of new construction or renovation of existing facilities qualified under Code Section 20-2-260 that are needed to effectuate such school consolidation.
(c) As used in this subsection, the term:
(1) 'Base size for a middle school' is defined as the base size specified in Code Section 20 2 281 for the middle grades program Reserved.
(2) 'Baac aizc for a high school' ia defined as the base size specified in Code Section 202 181 for the high school general education program Reserved.
(3) 'Base aizc for an elementary school' is defined as the base aizc specified in Code Section 20-2-181 for the primary grades program Reserved.
(4) 'Elementary school' is defined as a school which contains any grade below grade four and does not contain any grade above grade eight.
(5) 'High school' is defined as a school which contains any grade above grade eight.
(6) 'Middle school' is defined as a school which contains no grade below grade four and no grade above grade eight.

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(7) 'Quality Basic Education organizational pattern' is defined as a K 6, 6-8, 0 12 orga nizational pattern of school lovclo or any other pattern which is congruous with thia pattern Reserved.
(8) 'School level' is defined as a grade range which is consistent with paragraph (4), (5), or (6) of this subsection.
In the event a local school system consolidates an elementary, a middle, or a high school which is smaller than the specified base size minimum size specified in subsection (q) of Code Section 20-2-260 for that respective school with one or more other schools of the same school level within the same local school system, resulting in the consolidated school or schools being at least as large as the respective base size and organizational pattern conaisteat-with the Quality Bqaia Education organizational pattern minimum size specified in subsection (q) of Code Section 20-2-260 or containing all the students within the local school system for the respective school level: the local school system shall be required to finance one-half the costs that the local school system would otherwise be required to finance under the provisions of Code Section 20-2-260 for any new construction or any renovation of ex isting facilities needed to effectuate such consolidation of schools.
(d) All benefits to local school systems as provided under this Code section shall be conditioned upon the following:
(1) No student shall be expected or required to travel a greater time than the maximum travel time prescribed by the State Board of Education to attend a school unless the state board explicitly authorizes an exemption based upon the greater good for all students which will result from such local school system merger or school consolidation; and
(2) In the event of such local school system merger or school consolidation, all instruc tional facilities will be utilized for public educational purposes to the extent feasible and practical.
(e) All benefits to local school systems as provided under subsections (a) and (b) of this Code section shall be conditioned upon the following:
(1) The local boards of education which are potential parties to a merger of local school systems or a consolidation of schools have approved resolutions requesting the State Board of Education to conduct a feasibility study;
(2) The state board has conducted a feasibility study;
(3) The local boards of education which are to be parties to a merger of local school systems or a consolidation of a school or schools have approved the recommendations of the feasibility study;
(4) The voters of the affected local school systems, if appropriate, have approved the merger of the local school systems; and
(5) The state board has approved the recommendations of the feasibility study."
Section 3. Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 20-2-292, relating to sparsity grants, and inserting in its place the following:
(6) "The state board has concluded that the local school system would still be unable to offer comparable educational programs and services to its students or a portion of its stu dents even if the local school systems were merged or if schools were consolidated, since the resulting schools would still be smaller than the base sizes specified pursuant to subsection (c) of Code Section 20-2 260 Code Section 20-2-I5I?'
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Hill of the 4th moved that the Senate adopt the Conference Committee report on HB 1314.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Burton Cheeks Coleman Crotts Dean Edge Egan

Farrow Gillis Harbison Hemmer Henson Hill Hooks Huggins Kemp Langford of 29th Marable McGuire Middleton

Newbill Oliver Pollard Ragan of llth Ragan of 32nd Ralston D ^ Rob.inson Slotin Starr Thomas Turner Tysinger

Those voting in the negative were Senators:

Day Glanton

Gochenour

Guhl

Those not voting were Senators:

Alien Brown of 26th Clay Isakson

Langford of 35th (excused) Madden Parrish Perdue

Scott Taylor Thompson Walker

On the motion, the yeas were 40, nays 4; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1314.
The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows: Amend the Senate substitute to HB 1443 as follows: by deleting from lines 7 & 8 "the Department of Transportation,". Senator Robinson of the 16th moved that the Senate agree to the House amendment to the Senate substitute. On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Broun of 46th

Brown of 26th Burton Cheeks Dean Edge Farrow

Guhl Harbison Hill Hooks Huggins Kemp

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Langford of 29th Madden Marable Middleton Newbill

Oliver Pollard Ralston Robinson Scott

Slotin Starr Thomas Turner Tysinger

Those voting in the negative were Senators:

Clay

Glanton

McGuire

Day

Gochenour

Ragan of 32nd

Those not voting were Senators:

Alien Bowen Coleman Crotts Egan
Gillis

Hemmer Henson Isakson Langford of 35th (excused) Parrish
Perdue

Ragan of llth Rav T, laylor Thompson
Walker

On the motion, the yeas were 33, nays 6; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute.
The following bill was taken up to consider the Conference Committee report thereon:

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.

The Conference Committee report was as follows:
The Committee of Conference on HB 337 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 337 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ Mary Margaret Oliver Senator, 42nd District
/s/ Ron Slotin Senator, 39th District
/s/ Nadine Thomas Senator, 10th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Roy E. Barnes Representative, 33rd District
/s/ Vinson Wall Representative, 82nd District
/s/ Robert A. B. Reichert Representative, 126th District

Committee of Conference 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

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2219

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 possession to be effective at the expira tion of ten days after the entry of judgment against a tenant; to change the provisions relating to appeals and the practices and procedures connected therewith; to provide for payment into the registry of the court; 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 de^ 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 possession, both of execution for the judgment amount and a writ to be effective at the expiration of ten days after the date such judgment was entered, except as otherwise provideiddiin 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:
"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 court may upon motion of the landlord and upon good cause shown order the tenant shatt to pay into the registry of the court all sums found by the trial court to be duFfor rent in order to remain in possession of the premises t . provided, how ever, that-tfee The tenant shall also be required to pay all future rent as it becomes due into the registry of the trial court pursuant 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.
Senator Oliver of the 42nd moved that the Senate adopt the Conference Committee report on HB 337.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch

Boshears Broun of 46th Brown of 26th Burton

Cheeks Clay Crotts Day

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Dean Edge Farrow Gochenour Guhl Harbison Hill Hooks

Huggins Kemp Marable McGuire Middleton Newbill Oliver Pollard

Ragan of llth Ragan of 32nd Ralston Ray Slotin Thomas Turner Tysinger

Those not voting were Senators:

Alien Bowen Coleman Egan Gillis Glanton Hemmer

Henson Isakson Langford of 35th (excused) Langford of 29th Madden Parrish Perdue

Robinson Scott Starr Taylor Thompson Walker

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 337.
The following bill was taken up to consider the Conference Committee Report thereon:

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 Conference Committee report was as follows:
The Committee of Conference on SB 618 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 618 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Harold J. Ragan Senator, llth District
/s/ Nadine Thomas Senator, 10th District
/s/ Loyce W. Turner Senator, 8th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Roger Byrd Representative, 170th District
/s/ Sonny Dixon Representative, 150th District
/s/ Theo Titus III Representative, 180th District

Committee of Conference substitute to SB 618:
A BILL
To be entitled an Act 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 hous ing authorities for certain Indian tribes; to provide for the powers, duties, rights, and func tions of such housing authorities and their commissioners; to provide for activation of such

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2221

housing authorities; to provide for an appointing authority and a proposed area of opera tion; to provide for approval of the area of operation; to provide for the appointment of commissioners and their terms, officers, quorum, and removal from office and filling of va cancies; to provide for the exercise of eminent domain; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for the recog nition of American Indian tribes by the General Assembly; to provide for the adoption of criteria; to provide that state recognition does not authorize gambling; to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Depart ment of Archives and History, so as to remove certain powers and duties relating to Ameri can Indians; to amend Article 7 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to protection of American Indian human remains and burial objects, so as to remove the recognition of American Indian tribes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authorities, is amended by adding, immediately following Code Section 8-3-4, a new Code section to be designated Code Section 8-3-4.1, to read as follows:
"8-3-4.1. (a) For each Indian tribe recognized by the state pursuant to Code Section 2811-1, there is created a public body corporate and politic to be known as the 'housing au thority' of such Indian tribe. Except as otherwise provided by this article, a housing author ity created pursuant to this Code section shall have all the powers, duties, rights, and func tions specified for housing authorities created pursuant to Code Section 8-3-4. The commissioners of such a housing authority shall be subject to the provisions of this article applicable to the commissioners of a housing authority created pursuant to Code Section 83-4, except as otherwise provided in this article.
(b) Housing authorities created by subsection (a) of this Code section shall not transact business or exercise powers granted by this article until activated. A tribal council or other representative body of a tribe shall activate a housing authority created by this Code section by passing a resolution which shall specify: (1) the proposed area of operation for such au thority; and (2) the appointing authority of the tribe which shall appoint members of the housing authority. The appointing authority named in the resolution required by this sub section shall be authorized to exercise all appointing and other powers with respect to the housing authority that are vested in the mayor or other governing authority of municipal corporations by this article. The proposed area of operation for such an authority shall be all or part of the geographic area in which members of the tribe have been historically pre sent. Such an area may include all or parts of more than one county. Historical presence shall be shown by documentary evidence, including maps, records, or other documents, from governmental or other reliable sources, or by sworn statement. The proposed area of opera tion shall become effective only upon approval of the State Office of Housing, which shall evaluate the proposed area of operation in regard to the state housing goal prepared pursu ant to Code Section 8-3-171 and other active housing authorities.
(c) The appointing authority shall appoint seven commissioners who shall be members of the tribe or organization. Holding of any tribal office shall not bar appointment of any such tribal member to the housing authority. No person shall be barred from serving as a commissioner because he or she is a tenant or home buyer in a housing authority project.
(d) The initial commissioners appointed pursuant to this Code section shall serve terms as follows: two commissioners shall serve terms of one year; two commissioners shall serve terms of two years; two commissioners shall serve terms of three years; and one commis sioner shall serve a term of four years. Thereafter, commissioners shall serve terms of four years and may serve an unlimited number of terms. In the event of a vacancy on the author ity, the appointing authority shall appoint a successor to fill the unexpired term.
(e) The authority shall select from among its members a chairperson, a vice chairper son, a secretary, and a treasurer. No member shall hold two offices upon the authority. The chairperson shall preside at meetings of the authority. The vice chairperson shall preside in

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the absence of the chairperson. In the absence of both the chairperson and vice chairperson, the secretary shall preside.
(f) The appointing authority may remove any member of the housing authority for neg lect of duty, inefficiency, or misconduct in office, but only after a hearing before the housing authority and only after such member has been given a written notice of the charges at least ten days prior to the hearing. At such hearing, the member shall have the opportunity to be heard in person or by counsel and to present witnesses on his or her behalf.
(g) Four members shall constitute a quorum for the conduct of business of the author ity. A member who is unable to attend a meeting in person may present, in writing, a dated and signed voting proxy to a designated representative who shall attend the meeting and act in his or her place.
(h) Any real property located on an Indian reservation which is required by a housing authority created by this Code section for providing housing shall be leased to the housing authority by the respective tribal governing body upon such lawful terms as shall be agreea ble to the parties.
(i) A housing authority created and activated pursuant to this Code section shall exer cise its power of eminent domain in consultation with the county governing authority."
Section 2. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by inserting a new chapter, to be designated Chapter 11, and to read as follows:
"CHAPTER 11
28-11-1. (a) The State of Georgia officially recognizes as legitimate American Indian tribes of Georgia the following tribes, bands, groups, or communities:
(1) The Georgia Tribe of Eastern Cherokee P. 0. Box 1993 Dahlonega, Georgia 30533;
(2) The Lower Muscogee Creek Tribe Route 2, Box 370 Whigham, Georgia 31797; and
(3) The Cherokee of Georgia Tribal Council Saint George, Georgia 31646.
(b) The General Assembly may recognize tribes, bands, groups, or communities other than those stated in subsection (a) of this Code section as the General Assembly deems appropriate, based on criteria adopted by the Georgia Council on American Indian Concerns on or before December 31, 1994.
(c) Nothing contained in this Code section shall authorize gambling on Indian lands."
Section 3. Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Department of Archives and History, is amended by repealing in its entirety Code Section 45-13-42, relating to duties of the department with respect to Indians.
Section 4. Article 7 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to the protection of American Indian human burial remains and burial objects, is amended by striking Part 3, relating to recognition of American Indian tribes, which reads as follows:
"44-12-300. (a) The State of Georgia officially recognizes as legitimate American Indian tribes of Georgia the following tribes, bands, groups, or communities:
(1) The Georgia Tribe of Eastern Cherokee P. O. Box 1993 Dahlonega, Georgia 30533;

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(2) The Lower Muscogee Creek Tribe Route 2, Box 370 Whigham, Georgia 31797; and
(3) The Cherokee of Georgia Tribal Council Saint George, Georgia 31646.
(b) The General Assembly may recognize tribes, bands, groups, or communities other than those stated in subsection (a) of this Code section as the General Assembly deems appropriate."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Ragan of the llth moved that the Senate adopt the Conference Committee report on SB 618.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Baugh Blitch Burton'8 Harbison Henson

Hill Oliver Ragan of llth Scott Slotin

Those voting in the negative were Senators:

Taylor Thomas Thompson Turner Walker

Balfour Broun of 46th Brown of 26th Cheeks Clay Crotts Day Dean Edge Egan

Farrow Glanton Gochenour Guhl Hemmer Huggins Kemp Langford of 29th Madden Marable

Those not voting were Senators:

McGuire Newbill Pollard Ragan of 32nd Ralston Ray Robinson Starr Tysinger

Abernathy Alien Bowen Coleman

Gillis Hooks Isakson (excused) Langford of 35th (excused)

Middleton Parrish Perdue

On the motion, the yeas were 16, nays 29; the motion lost, and the Conference Commit tee report on SB 618 was rejected.
Senator Ragan of the llth moved that the Senate reconsider its action in defeating the Conference Committee report on SB 618.
On the motion, the yeas were 32, nays 14; the motion prevailed, and the Senate recon sidered its action in defeating the Conference Committee report on SB 618.

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The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:
The Committee of Conference on HB 897 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 897 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Steve Farrow Senator, 54th District
/s/ Ed E. Boshears Senator, 6th District
/s/ Steve Thompson Senator, 33rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bob Holmes Representative, 53rd District
/s/ Tom Cauthorn Representative, 35th District
/s/ John Simpson Representative, 101st District

Committee of Conference substitute to HB 897:

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 certain persons shall not be eligible to serve as certain poll officers or certain superintendents; to change certain provisions regarding con tents of affidavits which must accompany certain notices of candidacy; to provide for the withdrawal of certain candidates; to change the time for posting a list of candidates who have qualified; to change certain provisions relating to qualification of certain candidates for party nomination in a primary; to provide for meetings of boards of registrars; to change certain provisions regarding the date on which the presidential preference primary is to be conducted; to change certain dates relating to the functions of the presidential candidate selection committee and the Secretary of State; to change certain dates relating to the with drawal of presidential candidates; to change certain provisions regarding the applicability of certain general primary provisions; to authorize certain principals, assistant principals, and area vocational school directors to designate persons to assist with voter registration; to change certain provisions relating to the eligibility of certain registrars, deputy registrars, and members of county boards of elections for certain nomination or office; to provide for additional methods of obtaining certain registration cards; to provide for absentee registra tion and voting by certain United States citizens permanently residing overseas who have never lived in the United States under certain circumstances; to change certain provisions relating to the issuance of certain voter registration cards; to provide for storage of registra tion cards which have been microfilmed or electronically imaged; to change certain provi sions relating to the cancellation of certain absentee ballots; to provide for first-class mail notice of a hearing regarding the right of a person to remain on the list of electors; to pro vide that certain challenges to the right to register and the right to vote shall only be made in writing; to provide that certain precincts may be bounded by the boundaries of public parks, public school grounds, or churches; to change which maps may be used; to change certain provisions regarding notice of changes in precincts in all counties of this state having a population of 500,000 or more according to the United States decennial census of 1970 or any future such census; to provide for a time for reduction in size of certain precincts; to

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change certain provisions relating to the addresses to which certain absentee ballots can be mailed; to provide for fees for furnishing certain computer-run lists of electors; to provide for access of handicapped persons to certain polling places; to authorize certain election superintendents to obtain or to create and provide additional voter's certificates; to increase certain restrictions regarding campaign activities, public opinion polling, and petitioning near certain polling places; to provide that certain provisions regarding the conducting of certain special elections on specified dates shall apply to certain special primaries or special elections to fill vacancies in elected county or municipal offices; to provide for interim ap pointments under certain circumstances; to change certain provisions relating to preserva tion or destruction of certain election materials; to change the provisions relating to the appointment of municipal clerks; to provide for the superintendent to appoint clerks; to provide that municipal poll officers shall be electors of the municipality in which they are appointed or the county in which the municipality is located; to provide that no person holding certain elective office shall be eligible to be appointed as a poll officer; to change the time when a notice of candidacy shall be filed in the office of the municipal elections super intendent; to change certain provisions regarding the designation of municipal election dis trict precincts; to provide that violation of certain restrictions at a municipal polling place shall be a misdemeanor; to change the time period between the primary or election and the runoff after the day of holding the first primary or election; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-92, relating to qualifications of poll officers, and inserting in its place a new Code Section 21-2-92 to read as follows:
"21-2-92. Poll officers appointed pursuant to Code Sections 21-2-90 and 21-2-91 shall be judicious, intelligent, and upright electors of the county in which they are appointed and shall be able to read, write, and speak the English language. No poll officer shall be eligible for any nomination or public office or to be voted for at a primary or election at which he the poll officer shall serve. However, a poll officer may serve in a primary in which he sccka election to party office unless prohibited by the rules of the party conducting the primary. No person who is otherwise holding public office, other than a political party office, shall be eligible to be appointed as or to serve as a poll officer. A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-inlaw of a candidate shall not be eligible to serve as a poll officer in any precinct in which such candidate's name appears on the ballot in any primary or election."
Section 2. Said title is further amended by striking paragraph (7) of subsection (e) of Code Section 21-2-132, relating to filing a notice of candidacy, nomination petition, and affidavit, and inserting in its place a new paragraph (7) to read as follows:
"(7) That he the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his the candidate's civil rights have been restored and that at least ten years have elapsed from the date of" the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; aricP!
Section 3. Said title is further amended by striking subsection (a) of Code Section 21-2134, relating to withdrawal of a candidate, and inserting in its place a new subsection (a) to read as follows:
"(a) (1) No candidate nominated at any primary election or nonpartisan primary or nominatecTby means other than a primary may withdraw as a candidate at the ensuing general election. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the death or disqualification of a candidate.
(2) A candidate in a general, special, or nonpartisan primary may withdraw as a candidatelifter qualifying but prior to the date of the general, special, or nonpartisan primary by

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filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office, or the county election superintendent, if qualifying for a county office. A candidate of a political body or an independent candidate in a general or special election may withdraw as a candidate after qualifying but prior to the date of the general or special election by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office, or the county election superintendent, if qualifying for a county office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State or the county election superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted."
Section 4. Said title is further amended by striking paragraph (1) of subsection (d) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a pri mary, and inserting in lieu thereof a new paragraph to read as follows:
"(1) Within one hour two hours after the qualifications have ceased, the county execu tive committee of each political party shall post at the county courthouse a list of all candi dates who have qualified with such executive committee, and the state executive committee of each political party shall post a list of all candidates who have qualified with such com mittee at the courthouse of the county in which such executive committee's office is located."
Section 5. Said title is further amended by striking paragraph (7) of subsection (e) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a pri mary, and inserting in its place a new paragraph (7) to read as follows:
"(7) That he the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his the candidate's civil rights have been restored and that at least ten years have elapsed from the date oTthe completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and".
Section 6. Said title is further amended by striking Code Section 21-2-191, relating to the designation of political parties and bodies which may hold primaries, and inserting in its place a new Code Section 21-2-191 to read as follows:
"21-2-191. {} As provided in this article, a presidential preference primary shall be held in 1992 and every four years thereafter for each political party or body which has cast for its candidates for President and Vice President in the last presidential election more than 20 percent of the total vote cast for President and Vice President in the state, so that the electors may express their preference for one person to be the candidate for nomination by to such person's party or body for the office of President of the United States; provided, however, that no elector shall vote in the primary of more than one political party or body in the same presidential preference primary. Such primary shall be held on March 3, 1992, and on the first Tuesday in March every four years thereafter. A state political party or body may by rule choose to elect any portion of its delegates to that party's or body's presi dential nominating convention in the primary; and, if a state political party or body chooses to elect any portion of its delegates, such state political party or body shall establish the qualifying period for those candidates for delegate and delegate alternate positions which are to be elected in the primary and for any party officials to be elected in the primary and shall also establish the date on which state and county party executive committees shall certify to the Secretary of State or the superintendent, as the case may be, the names of any such candidates who are to be elected in the primary.
(b) Notwithstanding any provision of any local law to the contrary, any rcfcrcndtnn-ef special election which is required to be held on the date of and in conjunction with the

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March 10, 1002, presidential preference primary pursuant to a local law shall not be con ducted on that date but shall be held on the date of the March 8, 1002, presidential prefer ence primary."
Section 7. Said title is further amended by striking Code Section 21-2-193, relating to the selection of candidates to appear on the ballot, and inserting in its place a new Code Section 21-2-193 to read as follows:
"21-2-193. (a) The name of any candidate for a political party or body nomination for the office of President of the United States shall be printed upon the ballot used in such primary upon the direction of a presidential candidate selection committee composed of a nonvoting chairman chairperson who shall be the Secretary of State; and the Speaker of the House of Representatives, the majority leader of the Senate, the minority leaders of both the House and Senate, and the chairman chairpersons of the political parties and bodies who conduct a presidential preference primary pursuant to Code Section 21-2-191. The Sec retary of State, during the first fourth week in December November of the year preceding the year in which a presidential preference primary is held, shall prepare and publish a list of names of potential presidential candidates who are generally advocated or recognized in news media throughout the United States as aspirants for that office and who are members of a political party or body which will conduct a presidential preference primary in this state; provided, however, that the Secretary of State shall not include on such list the name of any potential presidential candidate who, if elected to the office of President of the United States, would be ineligible under the Constitution and laws of the United States to serve in such elected office. The Secretary of State shall also submit such list of names of potential presidential candidates to the selection committee during the second fourth week in December November of the year preceding the year in which a presidential preference primary is held. The selection committee shall meet in Atlanta during the third first week in December of the year preceding the year in which a presidential preference primary is held, on a date publicly announced by the chairman chairperson. Each person designated by the Secretary of State as a presidential candidate shall appear upon the ballot of the appropri ate political party or body unless all committee members of the same political party or body as the candidate agree to delete such candidate's name from the ballot. The selection com mittee shall publicly announce and submit the names of presidential candidates who shall appear on the presidential primary ballot to the Secretary of State no later than the end of the fourth first week of December of the year preceding the year a presidential preference primary is held. Not later than January 1 December 15 of each year preceding the year in which a presidential preference primary is held, the Secretary of State shall notify each potential presidential candidate designated by the committee for inclusion on the primary ballot. Such notification shall be in writing by registered or certified mail with return receipt requested.
(b) Any presidential candidate whose name is not selected by the Secretary of State or whose name is deleted by the selection committee may request, in writing, to the chairman chairperson of the selection committee, prior to January 6 December 15 of each year preced ing the year in which a presidential preference primary is held, that his such candidate's name be placed on the ballot. Not earlier than January 6 December 15, nor later than Jartu^ ary 10 December 22 of the year preceding the year in which a presidential preference pri mary is held, the Secretary of State shall convene the committee to consider such requests; provided, however, that the committee shall not consider any request to place the name of any potential presidential candidate on the ballot if such potential presidential candidate, if elected to the office of President of the United States, would be ineligible. If any member of the selection committee of the same political party or body as the candidate requests that such candidate's name be placed on the ballot, the committee shall direct the Secretary of State to place the candidate's name on the ballot. Within five days after such meeting, the Secretary of State shall notify the potential presidential candidate whether or not his such candidate's name will appear on the ballot."
Section 8. Said title is further amended by striking Code Section 21-2-194, relating to

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procedures for the withdrawal of presidential candidates, and inserting in its place a new Code Section 21-2-194 to read as follows:
"21-2-194. A candidate's name shall be printed on the appropriate primary ballot unless he such candidate submits to the Secretary of State by 12:00 Noon, January 16 December 31, in each year preceding the year in which a presidential preference primary is held, an affidavit stating without qualification that fee such person is not now and does not presently intend to become a candidate for the office of President of the United States at the upcom ing nominating convention of his such person's political party or body. If a candidate with draws pursuant to this Code section, the Secretary of State shall notify the state executive committee of the political party or body of such candidate that the candidate's name will not be placed on the ballot."
Section 9. Said title is further amended by striking Code Section 21-2-200, relating to the applicability of certain general primary provisions, and inserting in its place a new Code Section 21-2-200 to read as follows:
"21-2-200. A presidential preference primary shall be conducted, insofar as practicable^ pursuant to this chapter respecting general primaries, except as otherwise provided in this article. In setting up the form of the ballot, the Secretary of State shall provide for designat ing the name of the candidate to whom a candidate for delegate or delegate alternate is pledged, if any. Notwithstanding any provision of law to the contrary, with respect to the presidential preference primary to be held in 1002, ballota which arc in confofmancc with all provisions of this chapter except for the date of the election printed on the ballot may be used in the presidential preference primary conducted in 1002 under the provision of Code Section 21-2-101."
Section 10. Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2-211, relating to county registrars, and inserting in lieu thereof a new subsection to read as follows:
"(c) The chief registrar shall be the chief administrative officer of the board of regis trars and shall generally supervise and direct the administration of the affairs of the board of registrars. The chief registrar shall act as chairman chairperson of the board of registrars and, as chief registrar, shall perform those functions normally devolving upon the chairman chairperson. The board of registrars shall meet each month on a day selected by the chief registrar to transact the business of the board. The board shall also meet at other times as needed upon the call of the chief registrar or upon the request of two or more of the regis trars. The chief registrar shall be compensated in an amount of not less than $55.00 per day for each day of service on the business of the board of registrars. The other registrars shall be compensated in an amount of not less than $44.00 per day for each day of service on the business of the board of registrars. In lieu of the per diem compensation provided for in this subsection, the chief registrar may be compensated in an amount not less than $247.50 per month and the other registrars in an amount not less than $220.00 per month. The per diem or monthly compensation, as the case may be, shall be fixed, subject to the limitations pro vided for in this subsection, by the governing authority of each county and shall be paid from county funds. The compensation of other officers and employees appointed and em ployed under this article shall be fixed by the board of registrars with the approval of the governing authority of each county and shall be paid from county funds."
Section 11. Said title is further amended by striking subsection (c) of Code Section 212-212, relating to the appointment of county deputy registrars, and inserting in its place a new subsection (c) to read as follows:
"(c) Each principal or assistant principal of every public or private high school or the designee of such principal or assistant principal, the president of every public or private college or university; or as such president's designee, and the director of each area voca tional school or the designee of such director in this state shall be a deputy to the board of registrars for the purpose of registering as electors only those qualified applicants who are

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enrolled students within the principal's or director's school or the president's college or uni versity or who are employed by the private high school or by the school system or by the college or university. Notwithstanding any other provision of law, in high schools, colleges or universities, or area vocational schools which are attended by students who reside outside of the county in which the school, college, or university is located, the principal or assistant principal of such high school or the designee of such principal or assistant principal, the president of such college or university or fets such president's designee, and the director of such area vocational school or the designee of such director~are authorized to register each qualified applicant who is enrolled as a student in the school, college, or university on behalf of such student's respective county of residence. Such principals, assistant principals, presi dents or dcaigncca, and , directors, or designees shall inform their students of the powers conferred upon such officials by this Code section and shall provide reasonable and conven ient procedures to enable students who are qualified applicants to register. The principal of each public or private high school, the president of each public or private college or univer sity, and the director of each area vocational school are authorized to invite a deputy regis trar to the school, college, or university to register as electors those persons whom the prin cipal, president o? designee, or , director or designee would be authorized to register under this subsection. Code Section 21-2-213 shall not apply to the principal or assistant principal of any public or private high school or the designee of such principal or assistant principal, the president of any public or private college or university or feis such president's designee, or the director of any area vocational school or the designee of such director who serves as a deputy registrar by virtue of this subsectionT1
Section 12. Said title is further amended by striking subsection (a) of Code Section 212-213, relating to qualifications of registrars and deputy registrars, and inserting in its place a new subsection (a) to read as follows:
"(a) Registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write, and speak the English language. No person, while serving aa a member of a county board of registrars, deputy registrar, or member of a county board of elections, or within a period of aix months after 90 serving, shall be eligible for any nomination or office to be voted for at a general primary or general election or to qualify for any nomination or office or to have auch pcrson'a name placed on any general primary or general election ballot pursuant to Code Sections 21-2-182 and 21-2 168 or to give notice of his intention of write-in candidacy; provided, however, that thia incligibility shall not apply to a chief deputy registrar who ia also an elected public office? and who seeks to qualify for rcclcction to the public office such chief deputy registrar ia presently holding. No The office of any person who is a member of a county board of registrars, a deputy registrar, or a member of a county board of elections shall be eligible for any vacated immediately upon such person's qualifying for nomination or office to be voted for at a special primary or special election or to quality for any nomination or office of to have ouch person's name placed on any special primary or special election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or to give upon giving notice of such person's intention of write-in candidacy until such person shall have resigned and is no longer serving as a registrar, deputy regis trar, or member of a county board of clcctiona ; provided, however, that this ineligibility shall not apply to a chief deputy registrar who is also an elected public officer and who seeks to qualify for reelection to the public office such chief deputy registrar is presently holding. However, nothing contained in this Code section shall preclude a member of a county board of registrars, deputy registrar, or member of a county board of elections from qualifying for, or having such person's name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. No member of a county board of elections, member of a county board of registrars, or deputy registrar, while conducting the duties of such person's office, shall engage in any political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engag ing in any communication that advocates or criticizes a particular candidate, officeholder, or political party or body, and wearing badges, buttons, or clothing with partisan messages."
Section 13. Said title is further amended by striking Code Section 21-2-216, relating to

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obtaining registration cards, and inserting in its place a new Code Section 21-2-216 to read as follows:
"21-2-216. The registrars of the several counties shall obtain a supply of registration cards from the Secretary of State, which or the registrars may obtain or may create and provide other cards in lieu of the cards provided by the Secretary of State, provided that such other cards are in the form specified in Code Section 21-2-217 and are approved by the Secretary of State. Such registration cards shall be used by them the registrars in connec tion with the application of those persons seeking to register as electors."
Section 14. Said title is further amended by striking in its entirety subparagraph (b)(2)(A) of Code Section 21-2-217, relating to the form of registration cards and procedure in municipalities electing not to use the county registration system, and inserting in lieu thereof a new subparagraph to read as follows:
"(A) An absentee voter who is a member of the armed forced of the United States or the merchant marine, is a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member, or is temporarily or perma nently residing overseas and will be absent from his or her county of residence until after the time for registering for an ensuing primary or election may make proper application for absentee registration on the official post card provided for by the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended. A person who is a United States citizen, permanently residing overseas, who has never lived" in the United States, may register and vote in this state in the county of residence of either of such per son's parents under this paragraph if either of the person's parents is registered to vote in this state. Such person shall be deemed to reside at the same location as the parent for voting purposes?1
Section 15. Said title is further amended by striking subsection (h) of Code Section 212-217, relating to the form of registration cards, and inserting in its place a new subsection (h) to read as follows:
"(h) After approving the registration of a voter, the board of registrars shall issue the voter a card which shall contain the voter's name and address, a block for the voter's signa ture, the date of the voter's registration, the name of the voter's precinct, the location of the precinct voter's polling place, and the number of the voter's congressional district, state Senate district, state House district, county commission district (if any), board of education district (if any), and city council, city commission, or other municipal district (if any). On the reverse side of the card there shall be printed instructions which shall indicate the pro cedure to be followed in the event of a change of address of the voter. The voter shall indicate the new address within the county in the space provided on such card and return the card to the board of registrars. Upon receipt of such card, the board of registrars shall make the necessary changes and issue a revised card. In the event the voter's election dig trie* congressional district, state Senate district, state House district, county commission district, if any, board of education district, if any, and city council, city commission, or other municipal district, if any, or the voter's precinct changes, then a new card shall be issued. The Secretary of State shall provide such cards for use by the registrars; however, the board of registrars in each county may create and provide other cards in lieu of the cards provided by the Secretary of State, provided that such cards contain the information set forth in this subsection."
Section 16. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2-218, relating to registration applications, cards, and places, and inserting in lieu thereof a new subsection to read as follows:
"(a) In those counties where the registrars have a main office separate from the office of the tax collector or tax commissioner, the registrars shall keep the completed registration cards and their other papers in such office which shall be in the courthouse or other public building. If no such office exists, the registrars shall keep the completed registration cards and their other papers:

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(1) In the office of the tax collector or the tax commissioner, and such office shall be deemed the main office of the board of registrars; or
(2) In the office of the designated chief deputy registrar or other office designated by the board of registrars which is accessible at all times during normal working hours, and such office shall be deemed the main office of the board of registrars.
In those counties in which the completed registration cards have been microfilmed or elec tronically imaged, such completed registration cards may be stored in other locations, pro vided that the same degree of security for such cards as would be provided at the main office of the registrars is maintained at such other location."
Section 17. Said title is further amended by striking in its entirety subsection (d) of Code Section 21-2-236, relating to the examination of electors' qualifications by board of registrars, and inserting in lieu thereof a new subsection to read as follows:
"(d) If the right of any person to remain on the list of electors is questioned by the registrars, they shall give such person written notice of the time and place of a hearing to determine such right which shall be served upon such person in the manner provided in subsection (c) of this Code section for other notices or by first-class mail, sent to the address on such person's registration card."
Section 18. Said title is further amended by striking Code Section 21-2-237, relating to challenges of electors, and inserting in its place a new Code Section 21-2-237 to read as follows:
"21-2-237. (a) Any elector of the county shall be allowed to challenge the right of regis tration of any person whose name appears upon the electors list and, upon a challenge as to the qualifications of the elector being filed, the registrars shall notify the elector and pass upon the challenge. Each challenge shall be in writing and shall specify the grounds of the challenge and, when notice is given the elector by the registrars, a copy of such challenge shall be furnished the challenged elector at least three days before passing upon the same. Any elector of the county shall also be allowed to challenge the qualifications of any appli cant for registration. A challenge of a person's qualification to register or to vote shall be decided in every case by the board of registrars with the right of appeal therefrom to the superior court.
(b) Reserved.
(c) Any elector of the county shall be allowed to challenge the right to vote of any person whose name appears upon the electors list-, by making application to the board of registrars of the county at any time, including election day itself. Such challenge may be oral or written but shall be in writing and shall distinctly set forth the grounds of challenge. The board of registrars shall immediately consider the same and unless they find probable cause to sustain such challenge shall deny it. If the registrars find probable cause to sustain such challenge, the poll officers of the challenged elector's precinct shall be notified; and, if practical, the challenged elector shall be notified and afforded an opportunity to answer. If the challenged elector presents himself appears at the polling place to vote, he the challenged elector shall be given an opportunity to appear before the registrar registrars and answer the grounds of challenge; and such registrars shall:
(1) After hearing the challenger and the challenged elector, determine whether probable cause to sustain such challenge exists;
(2) If no probable cause exists, permit the challenged elector to vote; or
(3) If in doubt as to the merit of the challenge, permit the challenged elector to vote by having the word 'challenged' written across the back of the challenged elector's ballot for later determination."
Section 19. Said title is further amended by striking subsection (a) of Code Section 212-261.1, relating to boundary requirements for precincts, and inserting in its place the following:

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"(a) All voting precincts established or altered on or after July 1, 1080, 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; e*
(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 20. Said title is further amended by striking subsection (d) of Code Section 212-262, relating to division or alteration of precincts, and inserting in its place a new subsec tion (d) to read as follows:
"(d) Any other provisions of this Code section to the contrary notwithstanding, in all counties of this state having a population of 500,000 or more according to the United States decennial census of 1970 or any future such census, the notice of changes in precincts shall be accomplished by sending such notices by first-class mail to the electors affected thereby at the addresses of such electors shown on the electors list; and such notices shall be in lieu of any all other notices required by this subsection."
Section 21. Said title is further amended by striking in its entirety Code Section 21-2263, relating to reduction in size of certain precincts, and inserting a new Code section to read as follows:
"21-2-263. If at the previous general election a precinct contained more than 2,000 elec tors and if all those electors desiring to vote had not completed voting one hour following the closing of the polls, the superintendent shall reduce the size of said precinct so that it shall contain not more than 2,000 electors in accordance with the procedures prescribed by this chapter for the division, alteration, and consolidation of precincts no later than 60 days before the next general election. For administering this Code section, the chief manager of a precinct which contained more than 2,000 electors at the previous general election shall submit a report thereof, under oath, to the superintendent as to the time required for com pletion of voting by all persons in line at the time the polls were closed. Any such change in a precinct shall conform with the requirements of subsection (a) of Code Section 21-2261.1."
Section 22. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 21-2-381, relating to absentee ballot applications, and inserting in its place a new paragraph (1) to read as follows:
"(1) Not more than 180 days prior to the date of the primary or election, a runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, or in person in the registrar's office, an application to the board of registrars of the county of the elector's residence for an official ballot of the elector's pre cinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or a physically disabled elector residing within the county, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, fa ther-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. Except in the case of physically disabled

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electors residing in the county, no absentee ballot shall be mailed to an address other than the permanent in county of temporary out of county mailing address of the elector as re corded on the elector's voter registration record or a temporary out of county address. Rela tives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign feis such elector's own application because of illiteracy or physical disability, the elector shall make faia such elec tor's mark, and the person filling in the rest of the application shall sign his such person's name below it as a witness; provided, however, that one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the mailing of the absentee ballot to an eligible absentee elector who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citi zen for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the mailing of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary."
Section 23. Said title is further amended by striking Code Section 21-2-388, relating to cancellation of certain absentee ballots, and inserting in its place a new Code Section 21-2388 to read as follows:
"21-2-388. When an absentee ballot which has been voted shall be returned to the board of registrars, it shall be deemed to have been voted then and there; and no other absentee ballot shall be issued to the same elector. However, if an elector, other than one whose physical diaability, official election duties, or observance of a religious holiday pre vents his attendance at the polls, who has requested to vote by absentee ballot based upon the reason that the elector is required to be absent from the elector's precinct during the time of the primary or election in which the elector desires to vote is present in the precinct of te the elector's residence during the time the polls are open in any primary, election, or runoff for which he the elector has requested an absentee ballot, such elector shall have the absentee ballot canceled in one of the following ways:
(1) By surrendering his the absentee ballot to the poll manager of the precinct in which his the elector's name appears on the electors list and then being permitted to vote the regular ballot. The poll manager shall mark 'Canceled' and the date and time across the face of the absentee ballot and shall initial same. He The poll manager shall also make appropri ate notations beside the name of the elector on the electors list. All such canceled absentee ballots shall be returned with other ballots to the superintendent;
(2) By appearing in person before the registrars and requesting in writing that the en velope containing iris the elector's absentee ballot be marked 'Canceled.' After having satis fied themselves as to the identity of such elector, the registrars shall grant the request and shall notify the managers of the elector's precinct as to such action so as to permit him the elector to vote in person in hw that precinct. If the absentee ballot is in the possession"^? the registrars, it shall be promptly marked 'Canceled' and the date and time written across the face of the envelope. If the absentee ballot is in the mail or its exact location is un known, the registrar shall write 'Canceled' beside the elector's name on the master list of absentee voters and shall cancel the ballot itself as soon as it is received. Canceled absentee ballots shall be disposed of in the same manner as provided in subsection (a) of Code Sec tion 21-2-386 for absentee ballots returned too late to be cast."
Section 24. Said title is further amended by adding a new subsection at the end of Code Section 21-2-402, relating to voter's certificates, to be designated subsection (c), to read as follows:
"(c) The election superintendent may obtain or may create and provide other voter's certificates in lieu of the voter's certificates provided by the Secretary of State, provided

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that such other voter's certificates are in the form required under this Code section and are approved by the Secretary of State."
Section 25. Said title is further amended by striking Code Section 21-2-414, relating to restrictions on campaign activities, public opinion polling, and petitioning within the vicin ity of polling places, and inserting in its place a new Code section to read as follows:
"21-2-414. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day: within
(1) Within 150 feet of the outer edge of any building within which a polling place is established;
(2) Within any polling place; or
(3) Within 25 feet of any voter standing in line to vote at any polling place.
(b) No person shall solicit signatures for any petition on any primary or election day: wit.fi in
(1) Within 150 feet of the outer edge of any building within which a polling place is established;
(2) Within any polling place; or
(3) Within 25 feet of any voter standing in line to vote at any polling place.
(c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room in which absentee ballots are being cast on any day.
(d) No person shall solicit signatures for any petition within a room in which absentee ballots are being cast on any day.
(e) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted.
(f) Any person who violates this Code section shall be guilty of a misdemeanor.
(g) This Code acction ahall not apply to conduct occurring at or upon any privately owned residence, privately owned business, or privately owned building which i8 not being used oa a polling place."
Section 26. Said title is further amended by striking in its entirety Code Section 21-2500, relating to voting materials and their preservation, presentation to the grand jury, and destruction, and inserting in lieu thereof a new Code section to read as follows:
"21-2-500. Immediately upon completing the returns required by this article, the super intendent shall deliver in sealed containers to the clerk of the superior court or, if desig nated by the clerk of the superior court, to the county records manager or other office or officer under the jurisdiction of a county governing authority which maintains or is responsi ble for records, as provided in Code Section 50-18-99, the used, unused, and void ballots and the stubs of all ballots used, one copy of oaths of poll officers, one copy of the numbered lists of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. In addition, the superintendent shall deliver copies of the voting machine and vote recorder ballot labels, computer chips containing ballot tabulation pro grams, copies of computer records of ballot design, computer programming decks for ballot tabulation programs, and similar items. The clerk, county records manager, or the office or

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officer designated by the clerk shall hold such ballots and other documents under seal, un less otherwise directed by the superior court, for at least 24 months, after which they shall be presented to the grand jury for inspection at its next meeting. Such ballots and other documents shall be preserved in the office of the clerk, county records manager, or officer designated by the clerk until the adjournment of such grand jury, and then they may be destroyed, unless otherwise provided by order of the superior court."
Section 27. Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 21-2-540, relating to special elections, and inserting in its place new paragraphs (2) and (3) to read as follows:
"(2) The provisions of this subsection shall not apply to:
(A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of 1989'; or
(B) Special primaries or special elections to fill vacancies in public offices except as otherwise provided in paragraph (3) of this subsection.
(3) The provisions of this subsection shall apply to special primaries or special elections to fill vacancies in elected county offices."
Section 28. Reserved.
Section 29. Said title is further amended by striking subsection (b) of Code Section 213-30, relating to municipal superintendents, and inserting in its place a new subsection (b) to read as follows:
"(b) The municipal superintendent shall be a person or committee selected in the man ner prescribed by the governing authority of the municipality with compensation fixed and paid by the governing authority of the municipality from municipal funds. A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-inlaw, or sister-in-law of a candidate shall not be eligible to serve as a municipal superinten dent in any precinct in which such candidate's name appears on the ballot in any primary or election!"
Section 30. Said title is further amended by striking in its entirety Code Section 21-333, relating to the appointment of clerks, and inserting in lieu thereof a new Code Section 21-3-33 to read as follows:
"21-3-33. Prior to the opening of the polls in each precinct at each election or primary, the governing authority superintendent shall appoint a sufficient number of clerks to serve therein at such election or primary. In a primary, the superintendent shall appoint auch clcrka. If additional clerks are required during the day for the purpose of counting ballots or for other purposes, the superintendent may appoint same."
Section 31. Said title is further amended by striking subsection (a) of Code Section 213-34, relating to qualifications of municipal poll officers, and inserting in its place a new subsection (a) to read as follows:
"(a) Poll officers shall be electors of the municipality in which they are appointed or the county in which the municipality is located and shall be able to read, write, and speak the English language. No poll officer shall be eligible to any nomination or public office to be voted for at a primary or election in which he such poll officer shall serve. No person who is otherwise holding public office, other than a political party office, shall be eligible to be appointed as or to serve as a poll officer. A parent, spouse, child, brother, sister, father-inlaw, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candi date shall not be eligible to serve as a municipal poll officer in any precinct in which such candidate's name appears on the ballot in any primary or election."
Section 32. Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 21-3-52, relating to special municipal elections, and inserting in its place new paragraphs (2) and (3) to read as follows:
"(2) The provisions of this subsection shall not apply to:

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(A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of 1989'; or
(B) Special primaries or special elections to fill vacancies in public offices except as otherwise provided in paragraph (3) of this subsection.
(3) The provisions of this subsection shall apply to special primaries or special elections to fill vacancies in municipal elected offices."
Section 33. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-3-91, relating to filing a notice of candidacy, a certificate of nomination, and an affidavit, and inserting in lieu thereof a new subsection to read as follows:
"(a) Each candidate, except a candidate nominated by nomination petition provided for in subsection (f) of this Code section, or fere a designee shall file a notice of his candidacy in the office of the municipal superintendent of his such candidate's municipality:
(1) At least 22 but not more than 52 days prior to the election in the case of a general election and at least 15 but not more than 30 days prior to the election in the case of a special election; or
(2) At least 50 but not more than 60 days prior to the election in the case of a municipal general or special election held in conjunction with a November general election conducted under Chapter 2 of this title.
The opening and closing dates shall, within the limitations as provided in this Code section, be as set forth in the municipal charter or, if not so specified, then by municipal ordinance. If a run-off primary is held, each candidate nominated therein or his a designee shall file a notice of hw candidacy with the municipal superintendent within three days after the hold^ ing of such primary, irrespective of such three-day period's exceeding a qualification dead line prescribed in this subsection. Notice of the opening and closing dates for candidates to qualify shall be published in the call for the election."
Section 34. Said title is further amended by striking paragraph (7) of subsection (e) of Code Section 21-3-91, relating to filing a municipal notice of candidacy, nomination petition, and affidavit, and inserting in its place a new paragraph (7) to read as follows:
"(7) That he the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his the candidates^ civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and".
Section 35. Said title is further amended by adding a new subsection at the end of Code Section 21-3-94, relating to reopening of qualification for office, to be designated sub section (c), to read as follows:
"(c) A candidate in a general or special primary may withdraw as a candidate after qualifying but prior to the date of the general or special primary by filing a notarized affida vit of withdrawal with the municipal superintendent. A candidate of a political body or an independent candidate in a general or special election may withdraw as a candidate after qualifying but prior to the date of the general or special election by filing a notarized affida vit of withdrawal with the municipal superintendent. The qualifying fee shall not be re turned to the candidate. If the ballots have been printed, the municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted."
Section 36. Said title is further amended by striking paragraph (1) of subsection (e) of Code Section 21-3-120, relating to the appointment of municipal registrars, and inserting in its place a new paragraph (1) to read as follows:

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"(1) Each principal or assistant principal of every public or private high school or the designee of such principal or assistant principal, the president of every public or private college or university; or fais such president's designee, and the director of each area voca tional school or the designee of such director in this state shall be a deputy registrar for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's or director's school or the president's college or university or who are employed by the private high school or by the school system or by the college or university. Notwithstanding any other provision of law, in high schools, colleges or universities, or area vocational schools which are attended by students who reside in a municipality other than the municipality in which the school, college, or university is located or who reside in a municipality which lies outside of the county in which the school, college, or university is located, the principal or assistant principal of such high school or the designee of such prin cipal or assistant principal the president of such college or university; or hre such presidents designee, and the director of such area vocational school or the designee of stich director are authorized to register each qualified applicant who is enrolled as a student in the school, college, or university on behalf of such student's respective municipality of residence. Such principals, assistant principals, presidents or dcaigncca, and directors, or designees shall in form their students of the powers conferred upon such officials by this Code section and shall provide reasonable and convenient procedures to enable students who are qualified applicants to register. The principal of each public or private high school or the designee of such principal or assistant principal, the president of each public or private college or uni versity; or fets such president's designee, and the director of each area vocational school or the designee of such director are authorized to invite a deputy registrar to the school, coT lege, or university to register as electors those persons whom the principal e* , assistant principal, director ef, president, or Ms designee would be authorized to register under this paragraph."
Section 37. Said title is further amended by striking subsection (a) of Code Section 213-121, relating to qualifications of municipal registrars and deputy registrars, and inserting in its place a new subsection (a) to read as follows:
"(a) Registrars and deputy registrars shall be able to read, write, and speak the English language. No person, while acrving as a registrar, deputy registrar, or member of a board of clcctiona, or within a period of aix months after so serving, shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a general primary or general elec tion; provided, however, that this incligibility shall not apply to a chief deputy registrar who ia also an elected public officer and who seeks to qualify fof rcclcction to the public office auch chief deputy registrar is presently holding. No The office of any person who is a regis trar, deputy registrar, or member of a board of elections shall be eligible to file vacated immediately upon such person filing a notice of candidacy for any nomination or office to be voted for at a apccial primary or special election until auch pcraon shall have resigned and ia no longer serving as a registrar, deputy registrar, or member of a board of elections or upon such person's giving notice of such person's intent to be a write-in candidate; provided, however, that this ineligibility shall not apply to a chief deputy registrar who is also an elected public officer and who seeks to qualify for reelection to the public office such chief deputy registrar is presently holding. However, nothing contained in this Code section shall preclude a registrar, deputy registrar, or member of a municipal board of elections from qualifying for office, having such officer's name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. No registrar, deputy registrar, or member of a board of elections, while performing the duties of such office, shall engage in political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advo cates or criticizes a particular candidate, office holder, or political party or body while on duty, and wearing badges, buttons, or clothing with partisan messages."
Section 38. Said title is further amended by striking in its entirety subsection (b) of Code Section 21-3-123, relating to duties of the county registrar in municipalities using the

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county registration system, location of the main office of the board of registrars, and regis tration places, and inserting in lieu thereof a new subsection to read as follows:
"(b) In those municipalities electing to maintain their own registration system, the reg istrars shall keep the completed registration cards and their other papers in the main office of the municipal registrars, which office shall be in the city hall or other public building designated by the governing authority. If no such office exists, the registrars shall keep the completed registration cards and their other papers:
(1) In the office of the city clerk, and such office shall be deemed the main office of the board of registrars; or
(2) In the office of the designated chief deputy registrar or other office designated by the board of registrars which is accessible at all times during normal working hours, and such office shall be deemed the main office of the board of registrars.
In those municipalities in which the completed registration cards have been microfilmed or electronically imaged, such completed registration cards may be stored in other locations, provided that the same degree of security for such cards as would be provided at the main office of the registrars is maintained at such other location. For the purpose of taking appli cations for registration and for the purpose of registering electors, such number of registrars or deputy registrars as shall be designated by the chief registrar shall be stationed at such main office where the completed registration cards are kept at such times as the office is open during regular office hours. The governing authority, in addition to the main office, shall designate every municipal public library and county public library which is located within the corporate limits of the municipality and in which a librarian has elected to serve as a deputy registrar and may designate other fixed places to be used for the purpose of receiving applications for registration and for the registration of electors. Blank registration cards shall be kept in the places designated for registration and completed registration cards shall be kept in the main office of the registrars, provided that completed registration cards may be retained temporarily at permanent additional voter registration places but shall be transmitted to the main office as expeditiously as possible by a registrar or deputy registrar or by United States mail."
Section 39. Said title is further amended by striking Code Section 21-3-124, relating to the form of municipal registration cards, and inserting in its place a new Code Section 21-3124 to read as follows:
"21-3-124. The form of municipal registration shall be specified by the governing au thority, except that, if the governing authority does not elect to use the county registration list, the municipal registrar shall be required to register voters on the uniform registration card printed and distributed by the Secretary of State as required in Code Section 21-2-217. The governing authority may elect to obtain or may elect to create and provide other cards in lieu of the cards provided by the Secretary of State, provided that such other cards are in the form specified in Code Section 21-2-217 and are approved by the Secretary of State."
Section 40. Said title is further amended by adding a new subsection at the end of Code Section 21-3-135, relating to filing the certified list of voters with the city clerk, to be designated subsection (c), to read as follows:
"(c) In those municipalities using computers to maintain the list of electors, it shall be the duty of the boards of registrars of such municipalities to furnish a computer-run list at a cost not to exceed one-quarter of a cent per name or a computer tape containing such list, upon payment of a fee to cover the actual cost of providing such tape or both the tape and the computer-run list as requested; provided, however, that the total cost of providing such tape or computer-run list, or both, shall not be less than $15.00."
Section 41. Said title is further amended by striking Code Section 21-3-138, relating to challenges of municipal electors, and inserting in its place a new Code Section 21-3-138 to read as follows:
"21-3-138. (a) Any elector of the municipality shall be allowed to challenge the right of

WEDNESDAY, MARCH 16, 1994

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registration of any person whose name appears upon the electors list; and, upon a challenge as to the qualifications of the elector being filed, the registrars shall notify the elector and pass upon the challenge. Each challenge shall be in writing and shall specify the grounds of the challenge; and, when notice is given the elector by the registrars, a copy of such chal lenge shall be furnished the challenged elector at least three days before passing upon the same. Any elector of the municipality shall also be allowed to challenge the qualifications of any applicant for registration. A challenge of a person's qualification to register or to vote shall be decided in every case by the board of registrars with the right of appeal therefrom to the superior court.
(b) Any elector of the municipality shall be allowed to challenge the right to vote of any person whose name appears upon the electors list by making application to the board of registrars of the municipality at any time, including election day itself. Such challenge may be oral or written but shall be in writing and shall distinctly set forth the grounds of chal lenge. The board of registrars shall immediately consider the same and unless they find probable cause to sustain such challenge shall deny it. If the registrars find probable cause to sustain such challenge, the poll officers of the challenged elector's precinct shall be noti fied; and, if practical, the challenged elector shall be notified and afforded an opportunity to answer. If the challenged elector presents himself appears at the polling place to vote, be the challenged elector shall be given an opportunity to appear before the registrar registrars an3 answer the grounds of challenge; and, after hearing the challenger and the challenged elector, such registrars shall determine whether probable cause to sustain such challenge exists and shall:
(1) If no probable cause exists, permit the challenged elector to vote;
(2) If in doubt as to the merit of the challenge, permit the challenged elector to vote by having the word 'challenged' written across the back of the challenged elector's ballot for later determination; or
(3) If it is determined that a challenged elector is not eligible to vote, refuse to allow the challenged elector to vote by having the words 'ineligible to vote' written on the electors list next to the challenged elector's name."
Section 42. Said title is further amended by striking Code Section 21-3-160, relating to the designation of municipal election district precincts, and inserting in its place a new Code Section 21-3-160 to read as follows:
"21-3-160. Each municipal election district existing as of December 31, 1082, shall eonatitutc a separate precinct until and unleaa changed aa provided in this article The gov erning authority of each municipality shall determine and establish the number and bound aries of municipal voting precincts in accordance with the provisions of this article. Insofar as practicable, the precincts shall be the same as those for state and county elections."
Section 43. Said title is further amended by striking subsection (a) of Code Section 213-161.1 and inserting in its place the following:
"(a) All voting precincts established or altered on or after July 1, 1080, 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 44. Said title is further amended by striking subsection (a) of Code Section 213-164, relating to polling places, and inserting in its place a new subsection (a) to read as follows:
"(a) In selecting polling places, the governing authority shall, wherever practicable, se lect schoolhouses, municipal buildings or rooms, or other public building for that purpose. In selecting polling places, the governing authority shall give consideration to the comfort and convenience those places to be selected will provide to both electors and poll officers. School, county, municipal, or other governmental authorities shall, upon request of the mu nicipal governing authority, make arrangements for the use of their property for polling places; provided, however, that such use shall not substantially interfere with the use of such property for the purposes for which it is primarily intended. No polling place shall be selected or used under any circumstances which does not have iuitable and appropriate access to the handicapped for the purpose of voting; and any person, whether or not person ally aggrieved, may bring an action for mandamus to require that all polling places in the municipality have suitable and appropriate access to the handicapped for the purpose of voting."
Section 45. Said title is further amended by striking subsection (a) of Code Section 213-283, relating to municipal absentee ballot applications, and inserting in its place a new subsection (a) to read as follows:
"(a) Any absentee elector may make an application either by mail, by facsimile trans mission, or in person in the absentee ballot clerk's office to the absentee ballot clerk for an official ballot of the elector's precinct to be voted at such primary or election. In the case of an elector residing temporarily out of the municipality and the county in which the absentee elector permanently resides or a physically disabled elector residing within the municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-inlaw, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. No absentee ballot shall be mailed to an address other than the elector's permanent address within the municipality or temporary addfcaa outside of the municipality as recorded on the elector's voter registration record or temporary address outside of the municipality. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign his such elector's own application because of illiteracy or physical disability, the elector shall make his such elector's mark, and the person filling in the rest of the application shall sign his such person's name below it as a witness."
Section 46. Said title is further amended by striking Code Section 21-3-288, relating to cancellation of municipal absentee ballots, and inserting in its place a new Code Section 213-288 to read as follows:
"21-3-288. When an absentee ballot which has been voted shall be returned to the board of registrars, it shall be deemed to have been voted then and there; and no other absentee ballot shall be issued to the same elector. However, if an elector, other than one whose physical disability, official election duties, or observance of a religious holiday provents hia attendance at the polls, who has requested to vote by absentee ballot based upon the reason that the elector is required to be absent from the elector's precinct during the time of the primary or election in which the elector desires to vote is present in the precinct of hi9 the elector's residence during the time the polls are open in any primary, election, or runoff for which he the elector has requested an absentee ballot, such elector shall have the absentee ballot canceled in one of the following ways:
(1) By surrendering his the absentee ballot to the poll manager of the precinct in which

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tas the elector's name appears on the electors list and then being permitted to vote the regular ballot. The poll manager shall mark 'Canceled' and the date and time across the face of the absentee ballot and shall initial the same. He The poll manager shall also make ap propriate notations beside the name of the elector on the list of electors. All such canceled absentee ballots shall be returned with other ballots to the superintendent;
(2) By appearing in person before the absentee ballot clerk and requesting in writing that the envelope containing feis the elector's absentee ballot be marked 'Canceled.' After having satisfied himself or herself as to the identity of such elector, the absentee ballot clerk shall grant the request and shall notify the managers of the elector's precinct as to such action so as to permit him the elector to vote in person in his that precinct. If the absentee ballot is in the possession of the absentee ballot clerk, it shall be promptly marked 'Can celed' and the date and time written across the face of the envelope. If the absentee ballot is in the mail or its exact location is unknown, the clerk shall write 'Canceled' beside the elector's name on the master list of absentee voters and shall cancel the ballot itself as soon as it is received. Canceled absentee ballots shall be disposed of in the same manner as sub section (a) of Code Section 21-3-286 provides for absentee ballots returned too late to be cast."
Section 47. Said title is further amended by adding a new subsection at the end of Code Section 21-3-311, relating to municipal voter's certificates, to be designated subsection (c), to read as follows:
"(c) The election superintendent may obtain or may create and provide other voter's certificates in lieu of the voter's certificates provided by the Secretary of State, provided that such other voter's certificates are in the form required under this Code section and are approved by the Secretary of State."
Section 48. Said title is further amended by striking Code Section 21-3-321, relating to restrictions on campaign activities, public opinion polling, and petitioning within the vicin ity of municipal polling places, and inserting in lieu thereof a new Code section to read as follows:
"21-3-321. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day: within
(1) Within 150 feet of the outer edge of any building within which a polling place is established;
(2) Within any polling place; or
(3) Within 25 feet of any voter standing in line to vote at any polling place.
(b) No person shall solicit signatures for any petition on any primary or election day:
(1) Within 150 feet of the outer edge of any building within which a polling place is established;
(2) Within any polling place; or
(3) Within 25 feet of any voter standing in line to vote at any polling place.
(c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room in which absentee ballots are being cast on any day.
(d) No person shall solicit signatures for any petition within a room in which absentee ballots are being cast on any day.
(e) This Code section shall not be construed to prohibit a poll officer from distributing

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materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted.
(f) This Code section ahall not apply to conduct occurring at or upon any privately owned residence, privately owned buaincaa, or privately owned building which is not being used aa a polling place. Any person who violates this Code section shall be guilty of a misdemeanor."
Section 49. Said title is further amended by striking subsection (b) of Code Section 213-407, relating to vote required for nomination or election in municipalities, and inserting the following:
"(b) In instances in which no candidate receives a majority of the votes cast and the municipal charter or ordinances do not provide for nomination or election by a plurality vote, a run-off primary or election shall be held between the candidates receiving the two highest numbers of votes. Saeh In the case of a general primary or general election, such runoff shall be held not earlier than the fourteenth day and not later theft on the twentyfirst day after the day of holding the first primary or election, on a date specified by ordi nance o? resolution, unless such run-off date is postponed by court order. In the case of a special primary or special election, such runoff shall be held not earlier than the fourteenth day and not later than the twenty-first day after the holding of the first special primary or special election, on a date specified by ordinance or resolution, unless such run-off date is postponed by court order. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom; provided, however, that no elector shall vote in a run-off primary in violation of Code Section 21-3136. The run-off primary or election shall be a continuation of the first primary or election, and only those votes cast for the candidates receiving the two highest numbers of votes in the first primary or election shall be counted. No write-in votes may be cast in a primary, run-off primary, or run-off election. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest num bers of votes shall be the candidates in such runoff. The candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office he or she seeks shall be declared the winner."
Section 50. Said title is further amended by striking in its entirety Code Section 21-3409, relating to election materials and their delivery, preservation, and destruction, and in serting in lieu thereof a new Code section to read as follows:
"21-3-409. Immediately upon completing the returns required by this article, the super intendent shall deliver in sealed containers to the city clerk the used, unused, and void ballots and the stubs of all ballots used; the oaths of poll officers; and one copy of each numbered list of voters, tally papers, voting machine paper proof sheets, and return sheets involved in the primary or election. In addition, the superintendent shall delivery copies of the voting machine and vote recordeF ballot labels, computer chips containing ballot tabula tion programs, copies of computer records of ballot design, computer programming decks for ballot tabulation programs, and similar items. Such ballots and other documents shall be preserved under seal in the office of the city clerk for at least 24 months; and then they may be destroyed unless otherwise provided by order of the mayor and council if a contest has been filed or by court order, provided that the electors list, voter's certificates, and duplicate oaths of assisted electors shall be immediately returned by the superintendent to the county or municipal registrar as appropriate."
Section 51. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 52. All laws and parts of laws in conflict with this Act are repealed.
Senator Farrow of the 54th moved that the Senate adopt the Conference Committee report on HB 897.

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

Those voting in the affirmative were Senators:

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

Gillis Glanton Guhl Harbison Hemmer Henson HHoilol ks
Huggins
Kemp
Langford of 29th Marable
Newbill
Oliver

Perdue Pollard Ragan of llth Ragan of 32nd Ralston R "Ro*b.inson
Slotln
Taylor
Thomas Thompson
Turner
Tysinger

Those voting in the negative were Senators:

Dean

Gochenour

McGuire

Those not voting were Senators:

Alien Blitch Bowen Coleman

Isakson (excused) Langford of 35th (excused) Madden Middleton

Parrish Scott Starr Walker

On the motion, the yeas were 41, nays 3; the motion prevailed, and the Senate adopted the Conference Committee report on HB 897.
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 bills of the House:

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.

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 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

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a county governing authority, a member of a county or independent board of education.
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.
The House has adopted the report of the Committee of Conference on the following bill of the Senate:
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 House has adopted the report of the Committee of Conference on the following bills of the House:
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.
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.
The House has agreed to the Senate amendment, as amended by the House, to the following resolution of the House:
HR 926. By Representative Simpson of the 101st: A resolution compensating Mr. James C. Cook.
The House insists on its position in amending the following bill of the Senate:
SB 521. By Senators Burton of the 5th, Ragan of the llth, Marable of the 52nd, Dean of the 31st and Ray of the 19th: 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.

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The House has disagreed to the Senate amendment to the following bill of the House:

HB 664. By Representatives Smith of the 169th, Byrd of the 170th, Streat of the 167th, Johnson of the 148th, Smith of the 174th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemp tion for blueberry plants growing in this state.

The following bill was taken up to consider House action thereto:

HB 664. By Representatives Smith of the 169th, Byrd of the 170th, Streat of the 167th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemp tion for blueberry plants growing in this state.

Senator Ray of the 19th moved that the Senate recede from its amendment to HB 664. 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 Brown of 26th Burton
p, s PCro*tts D ay Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson
Hill Hooks Huggms Isakson KemP Langford of 29th Marable McGuire

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

Those not voting were Senators:

Alien BBahutc&hh Bowen Coleman

Langford of 35th (excused) Madden Middleton Oliver

Parrish Ragan of llth Thomas Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate receded from its amendment to HB 664.
The following bill was taken up to consider the Conference Committee report thereto:
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

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use taxation; to repeal an exemption from state sales and use tax with respect to certain gross revenues of certain amusement machines.

The Conference Committee report was as follows:
The Committee of Conference on HB 800 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 800 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Terrell A. Starr Senator, 44th District
/s/ Sonny Perdue Senator, 18th District
/s/ Steve Henson Senator, 55th District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Curtis S. Jenkins Representative, 110th District
/s/ Roy H. Watson, Jr. Representative, 139th District
/s/ Larry Smith Representative, 109th District

Committee of Conference substitute to HB 800:

A BILL
To be entitled an Act to amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, so as to change certain provi sions relating to master license fees and permit fees; to amend an Act amending Title 48 of the Official Code of Georgia Annotated providing for the comprehensive regulation and licensure of bona fide coin operated amusement machines, approved April 13, 1992 (Ga. L. 1992, p. 1521), so as to repeal Section 4 of said 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 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, is amended by striking subsection (a) of Code Section 48-17-2, relating to license fees, and inserting in its place a new subsection (a) to read as follows:
"(a) Every owner, except an owner holding a bona fide coin operated amusement ma chine solely for personal use or resale, who offers others the opportunity to play for a charge, whether directly or indirectly, any bona fide coin operated amusement machine shall pay an annual master license fee of $2,600.00. fees as follows:
(1) Level one license. (A) For five or fewer machines, the owner shall pay a master license fee of $250.5(1
(B) In the event such owner acquires an sixth or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter so that the total number of machines owned does not exceed 60 machines or more, such owner shall pay an additional master license fee of $1,250.00;
(2) Level two license. (A) For six or more machines but not more than 60 machines, the owner shall pay a master license fee of $1,500.00.
(B) In the event such owner acquires a sixty-first or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter, such owner shall pay an additional master license fee of $1,000.00; ~or
(3) Level three license. For 61 or more machines, the owner shall pay a master license fee of $2,500.00.

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The cost of the license shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon said payment, the commissioner shall issue a master license certificate to the owner. The $2,600.00 master license fee shall be tied to the otatc aalca and use tax rate of 4 percent and aholl be increased in a proportionate amount by the commis sioner if the state salca and uoc tax rate increases. The master license fee levied by this chapter shall be collected by the commissioner on an annual basis, providiH that an owner may purchase a six-month master license during the calendar year for $1,760.00 $175.00 for a level one license, $1,050.00 for a level two license, or $1,750.00 for a level three license. The commissioner may establish procedures for master license collection and set due dates for these license payments. No refund or credit of the master license charge levied by this chap ter may be allowed to any owner who ceases the operation of bona fide coin operated amuse ment machines prior to the end of any calendar year."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 48-17-9, relating to permit fees and stickers, and inserting in its place a new subsection (a) to read as follows:
"(a) Every owner, except an owner holding a coin operated machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether direct or indi rect, any bona fide coin operated amusement machine shall pay a uniform annual permit fee of $16.00 $25.00 per bona fide coin operated amusement machine. The fee shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon payment, the commissioner shall issue a sticker for each $16.00 $25.00 payment for each coin operated machine. The $16.00 fee per bona fide coin operated amusement machine will be tied to the state sales and use tax rate of 4 percent and will be increased in a proportionate amount by the commissioner if auch aalca tax rate incrcaaca. The annual fees levied by this chapter will be collected by the commissioner on an annual basis. The commissioner may establish pro cedures for annual collection and set due dates for the fee payments. No refund or credit of the annual fee levied by this chapter shall be allowed to any owner who ceases the exhibi tion or display of any coin operated machine prior to the end of any calendar year."
Section 3. Said chapter is further amended by striking Code Section 48-17-11, relating to permit fees for additional machines, and inserting in its place a new Code Section 48-1711, to read as follows:
"48-17-11. If an owner purchases or receives additional coin operated machines during the calendar year, the $16.00 $25.00 permit fee shall be paid to the commissioner and the sticker shall be affixed to the machine or placed at the location where the machine is located before the machine may be legally operated. A penalty fee of $50.00 shall be assessed by the commissioner for every machine in operation without a permit sticker."
Section 4. An Act amending Title 48 of the Official Code of Georgia Annotated provid ing for the comprehensive regulation and licensure of bona fide coin operated amusement machines, approved April 13, 1992 (Ga. L. 1992, p. 1521), is amended by repealing in its entirety Section 4, which reads as follows:
"Section 4. This Act shall stand repealed in its entirety on January 1, 1996, and shall be void and of no effect and the provisions affected by this Act shall be specifically revived as such provisions stood before the enactment of this Act, as amended by laws other than this Act."
Section 5. This Act shall become effective January 1, 1995.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Starr of the 44th moved that the Senate adopt the Conference Committee re port on HB 800.

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

Those voting in the affirmative were Senators:

Abernathy
Baugh Blitch Boshears Broun of 46th

Hemmer
Henson Hill Hooks Huggins

Perdue
Pollard Ralston Ray Robinson

Cpiheeks Crotts Dean Edge Farrow Guhl Harbison

LKaen^gPford of 29th Madden Marable McGuire Middleton Newbill Oliver

SSlco0ttitn Starr Taylor Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour

Day

Gochenour

Those not voting were Senators:

Alien Bowen Burton Coleman Egan

Gillis Glanton Isakson Langford of 35th (excused) Parrish

Ragan of llth Ragan of 32nd Thomas

On the motion, the yeas were 40, nays 3; the motion prevailed, and the Senate adopted the Conference Committee report on HB 800.
Senator Scott of the 36th moved that the following bill, having been placed on the Table March 14th, be taken from the Table:

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.
On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 1313 was taken from the Table.
Pursuant to Senate Rule 111, HB 1313, having been taken from the Table, was put upon its passage.
Senate Sponsor: Senator Scott of the 36th.
Senator Edge of the 28th offered the following amendment:
Amend H.B. 1313 by deleting on line 12 of page 2 after the word "derives" the following:
"substantial"
and, by inserting after the word "subdivisions" on line 14 of page 2 the following:
"as provided in Code Section 50-14-l(a)(l)(E)"
Senator Edge of the 28th asked unanimous consent that his amendment to HB 1313 be withdrawn.

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2249

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

Farrow Gillis Glanton Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Marable McGuire Newbill

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

Voting in the negative was Senator Middleton.

Those not voting were Senators:

Alien Bowen Coleman Gochenour

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

Parrish Thomas Walker

On the passage of the bill, the yeas were 45, nays 1. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider the Conference Committee report thereto:

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.
The Conference Committee report was as follows:
The Committee of Conference on HB 1798 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1798 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Mike D. Crotts Senator, 17th District
/s/ Harold J. Ragan Senator, llth District
Steve Henson Senator, 55th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Johnny Floyd Representative, 138th District
/s/ Ann R. Purcell Representative, 147th District
/s/ Henry L. Reaves Representative, 178th District

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Committee of Conference substitute to HB 1798:
A BILL
To be entitled an Act 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; to designate English as the official language of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes.
WHEREAS, for several decades, Georgia has been responsible for producing nearly 50 percent of the total United States peanut crop; and
WHEREAS, over 50 percent of the peanuts used in the production of peanut butter comes from the State of Georgia; and
WHEREAS, Georgia leads the nation in peanut exports, supplying nearly 60 percent of the United States export markets and contributing over $150 million to our nation's balance of trade.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, is amended by adding a new Code Section 50-3-69 to read as follows:
"50-3-69. (a) The peanut is designated as the official Georgia state crop.
(b) English shall be the language of public records, as defined in Code Section 50-18-70, and public meetings, as defined in Code Section 50-14-1, including any government docu ments, records, meetings, or policies enforceable by authority of this state.
(c) Subsection (b) of this Code section shall not apply to:
(1) Public safety, health, or justice matters;
(2) Foreign language instruction or instruction to integrate limited English proficient students into the education system; or
(3) International sporting events, tourism, or commerce.
(d) 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."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Crotts of the 17th moved that the Senate adopt the Conference Committee report on HB 1798.
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 Bo wen Broun of 46th Burton Cheeks Clay Coleman Crotts Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Guhl Hemmer Hill Hooks Huggins Isakson Kemp Marable McGuire

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

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2251

Those voting in the negative were Senators:

Abernathy

Harbison

Those not voting were Senators:

Alien Brown of 26th Henson Langford of 35th (excused)

Langford of 29th Madden Oliver Parrish

Slotin
Robinson Scott Thomas Walker

On the motion, the yeas were 41, nays 3; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1798.
The following bill was taken up to consider House action thereto:
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.
Senator Burton of the 5th moved that the Senate adhere to its disagreement to the House amendments, and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendments.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Burton of the 5th, Boshears of the 6th, and Marable of the 52nd.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House insists on its position in amending the following bill of the Senate:
SB 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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 10. By Senators Hooks of the 14th, Harbison of the 15th 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

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of Georgia Annotated, relating to permits to withdraw, obtain, or use ground water.

The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:
The Committee of Conference on HB 1130 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1130 be adopted.
Respectfully submitted,

FOR THE SENATE:
M Jack Hill Senator, 4th District
/s/ Richard O. Marable Senator, 52nd District
/s/ David Ralston Senator, 51st District

FOR THE HOUSE OF REPRESENTATIVES:
/si John Godbee Representative, 145th District
/s/ Tom Sherrill Representative, 62nd District
/s/ Sharon Trense Representative, 44th District

Committee of Conference substitute to HB 1130:

A BILL
To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change the permissible duration of employment contracts of school superintendents; to provide for funding for di rect instructional costs; to provide for spending for instructional, operational, and staff and professional development costs; to provide for a new summer school program for certain students who have been retained or failed academic courses and the requirements, condi tions, costs, and funding of such program; to provide for student teachers and multisystem contracts; to change maximum spending requirements; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking subsection (a) of Code Section 20-2-101, relating to the appointment of school superintendents, and inserting in its place the following:
"(a) Superintendents of each school system shall be employed by the local board of education under written contracts for a term of not less than one year and not more than twe three years. Those provisions of any local Act which authorize employment contracts with a school superintendent which are of a duration which exceeds that authorized by this subsection, which local Act became effective before, at the time of, or after thia subsection becomes effective April 15, 1993, are repealed. Any contract entered into pursuant to the provisions of a local Act repealed by the terms of the preceding sentence of this subsection

WEDNESDAY, MARCH 16, 1994

2253

shall not be affected by such repeal for the duration of that contract as specified immedi ately before this subsection becomes effective April 15, 1993, as long as that contract was valid at such time."
Section 2. Said chapter is further 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 a minimum of 00 percent of the funds designated for operational eoata in on the direct instructional costs for auch operational costs of such program, except as modified in this paragraph. For purposes of determining compliance with the 00 percent expenditure amounts, the separate identification of salary and operational coat portions shall 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 designated for operational costs shall be increased by the portion of the midterm adjustment allotment which is applied to the respective 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.

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(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 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 allotment of funds to each local school system, the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the state board shall apply the per centage that these costs represent of the total costs used in developing the program weights. Each local school system shall spend a minimum of 96 100 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 ayatcm expends any portion of ite professional development stipends for staff development programs pursuant to subsection (h) of Code Section 20 2-182, the 00 percent amount ealeu latcd under this subsection ahall be increased by 00 percent of that amount of professional development stipends funda 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 96 100 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)T or (2), or (0) of this subsection or the funds designated for operational costs in paragraph (lj"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

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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.
(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 3. Said chapter is further amended by adding at the end of Code Section 20-2168, relating to the minimum school year, the following:

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"(f) Each local board of education shall annually provide for a 'Summer Opportunity Program,' to extend educational opportunities beyond the normal school year provided for in subsection (c) of this Code section. This program will be made available to students who have been retained in grades kindergarten through eight or who have failed academic sub jects in these grades. This program shall be offered during the summer months for not less than six weeks at no tuition cost to eligible students. The Summer Opportunity Program may provide for lower teacher-pupil ratios, coordination with family connection resources where appropriate, school locations for the program nearest residential areas of the majority of students eligible to attend the program, transportation, instruction in subject areas failed by students, utilization of instructional technology, and include teachers who have demon strated teaching success and rapport with students. Each local board shall submit a pro jected number of students eligible for the Summer Opportunity Program by grade to the Department of Education no later than November 30 of each year in order to have calcu lated the state cost to operate the Summer Opportunity Program for inclusion as a separate funding item in the midterm adjustment for the current fiscal year. The allocation of state funds to each local school system for such program shall be based upon the actual enroll ment in the Summer Opportunity Program of eligible students in such system. The cost calculations and allocations shall be based upon the length of the Summer Opportunity Program and appropriate program weights for programs in paragraphs (1) through (4) of subsection (b) of Code Section 20-2-161 multiplied times the base weight amount as estab lished in the General Appropriations Act for the most recent fiscal year adjusted for training and experience of teachers as specified in subsection (e) of Code Section 20-2-161 multiplied times the total full-time equivalency program count within each appropriate program which includes funds sufficient to provide for teacher salaries, instructional materials, and facilities maintenance and operations costs. Pupil transportation costs shall be calculated and allo cated at one-sixth the annual costs for each bus operated for the Summer Opportunity Pro gram, excluding costs for items paid in the initial allotment for each earned bus such as bus replacement and bus insurance costs. The State Board of Education is encouraged to coordi nate with the board of regents to identify student teaching programs in appropriate univer sity system institutions for the purpose of assigning student teachers to as many classes within each school system's Summer Opportunity Program as possible. This subsection in no way prohibits local boards of education from entering into a multisystem summer pro gram contract to provide services identified in this subsection. Local boards are encouraged to expand the Summer Opportunity Program through the use of local funds, tuition, grants scholarships, Chapter I, and all other available funds to provide summer educational oppor tunities for all other students in the school system."
Section 4. Said chapter is further 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 very five years, subject to appropria tion 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 within the fiscal year. Each credit hour shall require ten contact hours of participation.

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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 ayatcm ahall be authorized to expend up to 16 percent of its initial allotment of funds for providing professional development stipends for ataff development programs as specified under this 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 5. Section 3 of this Act shall become effective only when funds are specifically appropriated for purposes of that section in an appropriations Act making specific reference to this Act. The remaining provisions of this Act shall become effective July 1, 1994.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Hill of the 4th moved that the Senate adopt the Conference Committee report on HB 1130.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Coleman 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 32nd Ralston Ray Robinson Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Cheeks Clay

Crotts Henson Langford of 35th (excused)

Parrish Ragan of llth

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1130.
The following bill was taken up to consider the Conference Committee report thereto:
SB 31. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and Isakson of the 21st: A bill to provide for an additional judge of the superior court of the Cobb Judi cial Circuit; to provide for the initial appointment and subsequent election of

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such judge and of such judge's successors; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Cobb Judicial Circuit.

The Conference Committee report was as follows:
The Committee of Conference on SB 31 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 31 be adopted.
Respectfully submitted,

FOR THE SENATE:
M Richard O. Marable Senator, 52nd District
/s/ Charles C. Clay Senator, 37th District
Is/ Mary Margaret Oliver Senator, 42nd District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Larry Walker Representative, 141st District
/s/ Denmark Grover Representative, 125th District
/s/ DuBose Porter Representative, 143rd District

Committee of Conference substitute to SB 31:

A BILL
To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 16, 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 change the number of alternate grand jurors; to change the provisions relating to reports to grand juries by public officials, officers, employees, and entities and the inspection of public offices and their operations, records, papers, funds, and property by grand juries; to change the provisions relating to presentments by grand juries and the contents and publication thereof; to provide that under certain circumstances a superior court judge who is removed from office as a result of federal court order shall be come a special judge of the magistrate court; to provide for the term, compensation, service, and powers and duties of any such special judge of the magistrate court; to change provi sions relating to certain property sales and reports thereof; to provide for other matters relating to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-6-85, relating to inspection of the office of the clerk of the superior court by the grand jury and reports thereon, which reads as follows:
"15-6-85. The offices of the clerks of the superior courts are subject to an examination by the grand juries, their committees, or any person whom they may specially empower to report to the same, or to a succeeding grand jury, or to the judge of the superior court. Those examining the offices shall submit in writing the condition thereof and shall specify any neglect of duty or anything done by the clerks which is wrong or corrupt.",
and inserting in lieu thereof the following:
"15-6-85. Reserved."
Section 2. Said title is further amended by adding at the end of Code Section 15-10-20, relating to judges of the magistrate courts, a new subsection (i) to read as follows:
"(i) (1) Any person who is holding office on January 1, 1994, as a judge of the superior

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courts of this state, whether within the term for which elected or appointed or otherwise, and who subsequent to such date and prior to December 31, 1996, is effectively removed from such office by federal court order shall upon such removal become a special judge of the magistrate court as provided for in this subsection. As used in this subsection, the term 'federal court order' shall mean only an order of a federal court which is entered in a civil action challenging under federal law or federal constitutional provisions (or both) the valid ity of the manner of selection of superior court judges in this state. A person shall be consid ered as effectively removed from office by such an order if the order by its terms prohibits such person's continued service as a judge of the superior courts without by the terms of the order allowing such person a meaningful opportunity to seek an appointment or election as a judge of the superior courts which would take effect within 30 days following such re moval. Nothing in this subsection shall apply with respect to any removal from office result ing from criminal conduct or other malfeasance on the part of the person removed from office.
(2) Any person becoming a special judge of the magistrate court pursuant to this sub section shall become a special judge of the magistrate court of the county in which such person resides. Any such special judge of the magistrate court shall serve for a term of office expiring December 31, 1996. The Governor shall issue to each such special judge of the magistrate court a commission stating the date of commencement and expiration of such term of office.
(3) Any special judge of the magistrate court serving pursuant to this subsection shall have all the same powers and duties as any other judge of such magistrate court.
(4) Any special judge of the magistrate court serving pursuant to this subsection shall be compensated and reimbursed for expenses in such amount or amounts as are now or hereafter provided by law for a judge of the superior courts, such compensation to be paya ble from state funds in the same manner as now or hereafter provided by law for a judge of the superior courts.
(5) The provisions of this subsection shall control over any other conflicting provisions of this chapter."
Section 3. Said title is further amended by striking Code Section 15-12-61, relating to number of grand jurors, and inserting in its place the following:
"15-12-61. (a) A grand jury shall consist of not less than 16 nor more than 23 persons. The votes of at least 12 grand jurors shall be necessary to find a bill of indictment or to make a presentment. ;Fwe Three alternate grand jurors may be sworn and, subject to the maximum number herein fixed, may serve when any grand juror dies, is discharged for any cause, becomes ill, or is for other cause absent during any sitting. Alternate grand jurors may serve as members of inspection and examination committees with the same authority and responsibilities as grand jurors and without regard to the maximum limitation on the number of grand jurors fixed herein. However, nothing in this Code section shall limit the authority of a judge of the superior court to replace a grand juror.
(b) The grand jury shall be authorized to request the foreman or clerk of the previous grand jury to appear before it for the purpose of reviewing and reporting the actions of the immediately preceding grand jury if the succeeding grand jury determines that such service would be beneficial. While serving a succeeding grand jury, the foreman or clerk of the im mediately preceding grand jury shall receive the same compensation as do other members of the grand jury. Any person serving as foreman or clerk of a grand jury and then being requested to report to an immediately succeeding grand jury shall not be eligible to again serve as a grand juror during one year following the conclusion of such earlier service."
Section 4. Said title is further amended by striking Code Section 15-12-71, relating to duties of the grand jury, which reads as follows:
"15-12-71. (a) the duties of a grand jury shall be confined to such matters and things as by the law it is required to perform.

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(b) The judge or judges of superior court may by order direct that certain duties of the grand jury shall not be required to be carried out at each term by each grand jury; but any such order shall provide that such duties shall be required to be carried out by at least one grand jury at at least one term of court each year. The effect of any such order shall be to remove the duty of a grand jury to carry out certain inspections as specified by the terms of the order; but no such order shall affect any grand jury's power to conduct any such inspec tion if the grand jury itself determines that it is advisable that it should do so. The duties of grand juries which may be affected by court order in the manner specified by this subsection shall include:
(1) The duty, as specified by subsection (a) of Code Section 15-12-75, to inspect the offices, records, and operations of the clerk of superior court, district attorney, judge of the probate court, and county treasurer or county depository;
(2) The duty, as specified by Code Section 15-12-78, to inspect the county jail;
(3) The duty, as specified by Code Section 36-1-7, to receive and inspect returns of the judge of the probate court, county treasurer, clerk of the superior court, and sheriff;
(4) The duty, as specified by Code Section 36-9-10, to inspect county buildings; and
(5) The duty, as specified by Code Section 42-4-8, to receive and inspect the sheriffs jail report.",
and inserting in lieu thereof the following:
"15-12-71. (a) The duties of a grand jury shall be confined to such matters and things as it is required to perform by the Constitution and laws or by order of any superior court judge of the superior court of the county.
(b) (1) The grand jury shall at least once in each calendar year inspect the condition and operations of the county jail. The grand jury shall at least once in every three calendar years inspect and examine the offices and operations of the clerk of superior court, the dis trict attorney, the judge of the probate court, and the county treasurer or county depository.
(2) In addition to the inspections provided for in paragraph (1) of this subsection, the grand jury shall, whenever deemed necessary by eight or more of its members, appoint a committee of its members to inspect or investigate any county office or county public build ing or any public authority of the county or the office of any county officer, any court or court official of the county, the county board of education, or the county school superinten dent or any of the records, accounts, property, or operations of any of the foregoing.
(3) The grand jury may prepare reports or issue presentments based upon its inspec tions as provided for in this subsection, and any such presentments shall be subject to pub lication as provided for in Code Section 15-12-80.
(4) The grand jury may appoint one citizen of the county to provide technical expertise to the grand jury in connection with inspections provided for in this Code section. Such citizen shall be compensated at the same rate that a grand juror is compensated.
(c) Any grand jury or any committee thereof which has undertaken to conduct an in spection or investigation as provided in subsection (b) of this Code section shall have the right to examine any papers, books, records, and accounts, to compel the attendance of witnesses, and to hear evidence. If any public officer, agent, or employee refuses to produce any such papers, books, records, and accounts, any superior court judge of the superior court of the county, upon evidence being adduced, may enforce this Code section by mandamus or attachment as the case may require. If any public officer, agent, or employee fails or refuses to exhibit to the grand jury or its committee the funds on hand or claimed by them to be on hand upon presentation of that fact to any superior court judge of the superior court the judge may by mandamus or attachment compel the delivery of the funds to the grand jury of the committee for the purpose of counting.
(d) The judge charging the grand jury shall inform the grand jury of the provisions of subsections (b) and (c) of this Code section."

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Section 5. Said title is further amended by striking Code Section 15-12-75, relating to inspection of offices and records of certain county officials by the grand jury, which reads as follows:
"15-12-75. (a) In addition to the duties of the grand jury as indicated in the oath ad ministered to them and as required by law, it shall be their special duty, from term to term of the superior court, to inspect and examine the offices, papers, books, records of, and receipts and disposition of all money arising from fines and forfeitures by the clerk of the superior court, district attorney, and the judge of the probate court and also the books, papers, records, accounts, and vouchers of the county treasurer or depository, as the case may be, and to cause any such clerk, district attorney, judge of the probate court, or county treasurer or depository who has failed or neglected to do his duty as required by law to be presented for nonperformance of official duty.
(b) In making up their general presentments, they shall also take proper notice of the matters brought to their attention by the report and books of the county school superintendent.",
and inserting in lieu thereof the following:
"15-12-75. Reserved."
Section 6. Said title is further amended by striking Code Section 15-12-76, relating to appointment of a citizen or citizen committee by the grand jury to examine the offices and records of certain county officials, which reads as follows:
"15-12-76. (a) The grand jury, when they deem it necessary, may appoint as a commit tee any one or more citizens of the county to inspect and examine the offices, papers, books, records, accounts, and vouchers of the county governing authority, the clerk of the superior court, the county treasurer or depository, the tax collector, the tax receiver, the county school superintendent, the sheriff, and all other county officers. If any of the officers are the custodians of county funds by virtue of their offices or have in their possession funds be longing to the county, they shall exhibit them to the committee. It shall be the duty of the committee to count the same and to make a full and complete report of the finances, dis bursements, and conditions of the several offices to the grand jury at the succeeding term of the superior court.
(b) The person or persons so appointed to inspect and examine shall have power to take full control of the offices, papers, books, records, accounts, and vouchers of the several dif ferent offices; to compel the attendance of witnesses; and to hear evidence in regard to fraud, the nonperformance of official duty, and the improper disbursement of county funds.
(c) If any officers refuse to produce such papers, books, records, accounts, and vouchers, it shall be the duty of the judge of the superior court of the county, upon evidence being adduced, to enforce this Code section by mandamus or attachment, as the case may require. If any officers fail or refuse to exhibit to the committee the funds on hand or claimed by them to be on hand, upon presentation of that fact to the judge of the superior court by the committee it shall be his duty to compel the delivery of the funds to the committee for the purpose of counting the same, by mandamus or attachment.",
and inserting in lieu thereof the following:
"15-12-76. Reserved."
Section 7. Said title is further amended by striking Code Section 15-12-78, relating to inspection of county jails, and inserting in its place a new Code section to read as follows:
"15-12-78. Grand juries shall carefully inspect the sanitary condition of the jails of their respective counties at each regular term of the superior court inspection provided for in Code Section 15-12-71 and in their general presentments shall make such recommendations to the county governing authorities as may be necessary to provide for the proper heating and ventilation of the jails, which recommendations the county governing authorities shall

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strictly enforce. The grand juries shall also make such presentments as to the general sani tary condition of the jails and the treatment of the inmates as the facts may justify."
Section 8. Said title is further amended by striking Code Section 15-12-79, relating to inspection of public buildings, property, and records and reports thereon, which reads as follows:
"15-12-79. The first or second grand jury impaneled in each calendar year shall inspect all the public buildings and other property of the county and the county records and shall report their condition in the general presentments. There shall be only one such inspection in a calendar year unless the inspecting grand jury or a grand jury impaneled later in the same year deems it necessary to inspect the property more than once during the same year.",
and inserting in lieu thereof the following:
"15-12-79. Reserved."
Section 9. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking subsection (b) of Code Section 16-10-6, relating to the sale of real or personal property to a political subdivision by a local officer or employee, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Subsection (a) of this Code section shall not apply to:
(1) Sales of personal property of less than $200.00 per calendar quarter;
(2) Sales of personal property made pursuant to sealed competitive bids made by the employee, appointive officer, or elective officer, either for himself or herself or on behalf of any business entity; or
(3) Sales of real property in which a disclosure has been made:
(A) To the grand jury or judge of the probate court of the county in which the purchas ing political subdivision is wholly included or, if not wholly included in any one county, to the grand jury or judge of the probate court of any county in which the purchasing political subdivision is partially included and which shall have been designated by the purchasing political subdivision to receive such disclosures, provided that if the sale is made by the judge of the probate court, a copy of such disclosure shall also be filed with any superior court judge of the superior court of the county;
(B) At least 15 days prior to the date the contract or agreement for such sale will be come final and binding on the parties thereto;
(C) Which shows that an employee, appointive officer, or elective officer of an employ ing political subdivision or agency thereof has a personal interest in such sale, which interest includes, without being limited to, any commission, fee, profit, or similar benefit and which gives the name of such person, his or her position in the political subdivision or agency, the purchase price, and location of the property."
Section 10. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking Code Section 20-2-112, relating to annual reports by county school superintendents to grand juries and inspection of books, which reads as follows:
"20-2-112. It shall be the duty of the county school superintendent to make a report of the school operations of the preceding fiscal year to the grand jury at the fall term of the superior court and to place his books before them for examination; and in making up the general presentments it shall be the duty of the jury to take proper notice of the matters thus brought to their attention.",
and inserting in lieu thereof the following:
"20-2-112. Reserved."
Section 11. Said title is further amended by striking Code Section 20-2-394, relating to information in reports to grand juries, which reads as follows:

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"20-2-394. At the opening term of the superior court of each county where money has been borrowed by the county board of education under this part, the county school superin tendent shall include in his report to the grand jury the amount of money so borrowed during the preceding year, from whom borrowed, the rate of interest paid, the date or dates the money was borrowed, and when paid back.",
and inserting in lieu thereof the following:
"20-2-394. Reserved."
Section 12. Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, is amended by striking Code Section 36-9-10, relating to inspection of county build ings, property, and records by the grand jury, which reads as follows:
"36-9-10. It shall be the duty of the grand juries to inspect all the public buildings and other property of the county and the county records and to report in their general present ments their condition.",
and inserting in lieu thereof the following:
"36-9-10. Reserved."
Section 13. Section 2 of this Act shall become effective upon approval of this Act by the Governor or upon this Act's becoming law without such approval. Section 1 and Sections 3 through 12 of this Act shall become effective July 1, 1994.
Section 14. All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th moved that the Senate adopt the Conference Committee re port on SB 31.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Guhl Harbison Hemmer Muggins 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 Tysinger Walker

Those not voting were Senators:

Alien Cheeks Crotts Egan

Henson Hill Hooks Isakson

Langford of 35th (excused) Parrish Ragan of llth

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 31.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

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Mr. President:
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 436. By Senators Newbill of the 56th, Clay of the 37th, Egan of the 40th, Burton of the 5th, Ragan of the 32nd 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 Speaker has appointed on the part of the House, Representatives Trense of the 44th, Godbee of the 145th and Purcell of the 147th.
The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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 House recedes from its position in substituting the following bill of the Senate:
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.
The House has rejected the report of the Committee of Conference 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.

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The House has disagreed to the Senate amendment to the following bill of the House:
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.
The House has adopted the report of the Committee of Conference on the following bills of the House:
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 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, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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.
The House has discharged Conference Committee #1 and has appointed Conference Committee #2 on the following bill of the Senate:
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 Speaker has appointed on the part of the House, Representatives Towery of the 30th, Watts of the 26th and Trense of the 44th.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 492. By Senators Thompson of the 33rd, Madden of the 47th, Marable of the 52nd, Oliver of the 42nd and Burton of the 5th: 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

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JOURNAL OF THE SENATE

of county committees and county protocols; to provide for the continuation of county committees in single-county circuits; to remove obsolete dates.

The House has agreed to the Senate amendment, as amended by the House, to the following resolution of the House:

HR 926. By Representative Simpson of the 101st: A resolution compensating Mr. James C. Cook.

The House has rejected the report of the Committee of Conference on the following bill of the Senate:

SB 521. By Senators Burton of the 5th, Ragan of the llth, Marable of the 52nd, Dean of the 31st and Ray of the 19th:
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.

The following bill was taken up to consider House action thereto:

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.

Senator Farrow of the 54th moved that the Senate adhere to its disagreement to the House substitute to SB 629, and that a Conference Committee be appointed.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 629.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Farrow of the 54th, Hill of the 4th, and Marable of the 52nd.
The following resolution was taken up to consider House action thereto:

HR 926. By Representative Simpson of the 101st: A resolution compensating Mr. James C. Cook.

The House amendment was as follows:
Amend the Senate amendment to HR 926 by striking "$2,000.00" and inserting in lieu thereof "$2,918.49".
Senator Starr of the 44th moved that the Senate agree to the House amendment to the Senate amendment to HR 926.
On the motion, 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 Clay

WEDNESDAY, MARCH 16, 1994

2267

Coleman Dean ""us Harbison "Hjjjeejnmj smoner
Huggins Isakson

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

Ralston Ray Robinson Slotin
Starr Taylor Thomas Thompson Turner

Those voting in the negative were Senators:

Balfour Day Edge Egan

Glanton Gochenour Guhl

McGuire Newbill Tysinger

Those not voting were Senators:

Alien Cheeks Crotts

Farrow Langford of 35th (excused) Madden

Parrish Scott Walker

On the motion, the yeas were 37, nays 10; the motion prevailed, and the Senate agreed to the House amendment to the Senate Amendment to HR 926.
The following bills were 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.
Senator Farrow of the 54th moved that the Senate discharge the Conference Committee on SB 12 and that a second Conference Committee be appointed.
On the motion, the yeas were 39, nays 1; the motion prevailed, and the Senate dis charged the Conference Committee on SB 12.
The President appointed as a Second Conference Committee the following:
Senators Robinson of the 16th, Isakson of the 21st, and Scott of the 36th.
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.

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JOURNAL OF THE SENATE

The House substitute was as follows.
A BILL
To be entitled an Act to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to 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.
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 12 members. Three members shall represent the business and industry community, three shall represent the agriculture industry, three shall represent local governments, and three shall represent environmental and citizens groups. The members of the task force shall serve without com pensation 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 statefe the~3ate 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 per mits 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?1
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

WEDNESDAY, MARCH 16, 1994

2269

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.
Senator Hooks of the 14th moved that the Senate agree to the House substitute to SB 10.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Clay Coleman Dean Edge Egan Gillis Glanton

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

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

Voting in the negative was Senator Day.

Those not voting were Senators:

Alien Burton Cheeks Crotts

Farrow

Madden

Isakson

Parrish

Langford of 35th (excused) Scott

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 10.
The following bill was taken up to consider the Conference Committee report thereto:
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 Second Conference Committee report was as follows:
The Committee of Conference on SB 396 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 396 be adopted.
Respectfully submitted,

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JOURNAL OF THE SENATE

FOR THE SENATE:
/s/ David Scott Senator, 36th District
/s/ Charles C. Clay Senator, 37th District
/s/ Jack Hill Senator, 4th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ L. Charles Watts Representative, 26th District
1st Matt Towery Representative, 30th District
/s/ Sharon Trense Representative, 44th District

Committee of Conference 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 at the opening of school upon every school day; to provide a statement of legislative intent; to provide that the provisions of such Code section shall not prohibit cer tain activity; to provide for severability; 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.
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 so authorized or directed by the board of education by which he ia 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 silent prayer or 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 90 disposed of a moment of silent reflection on the anticipated activities of the day."
Section 3. Said Code section is further amended by inserting at the end thereof the following:
"(c) The provisions of subsections (a) and (b) of this Code section shall not prevent student initiated voluntary school prayers at schools or school related events which are nonsectarian and nonproselytizing in nature."
Section 4. If any portion of this bill is found to be unconstitutional, it shall be stricken and the remaining portions of this bill shall remain in full force and effect as if the stricken portion had not been enacted.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Scott of the 36th moved that the Senate adopt the Second Conference Commit tee report on SB 396.

WEDNESDAY, MARCH 16, 1994

2271

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 Clay Coleman Day Dean Edge Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Isakson Kemp Marable McGuire Middleton

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

Those voting in the negative were Senators:

Brown of 26th Egan

Slotin

Walker

Those not voting were Senators:

Alien
Burton Cheeks Crotts

Langford of 35th (excused) Parrish

Langford of 29th

Ragan of llth

Madden

Thomas

On the motion, the yeas were 42, nays 4; the motion prevailed, and the Senate adopted the Second Conference Committee report on SB 396.
The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:
The Committee of Conference on HB 170 recommends that the Senate recede from its position and that the attached Committee of Conference Substitute to HB 170 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Steve Henson Senator, 55th District

/s/ Charles Thomas Representative, 100th District

/s/ Arthur B. Edge Senator, 28th District

/s/ Tommy Chambless Representative, 163rd District

/s/ Jane Hemmer Senator, 49th District

/s/ Bill Lee Representative, 94th District

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JOURNAL OF THE SENATE

Committee of Conference substitute to HB 170:
A BILL
To be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to establish an administrative procedure for the profiling of proposed bills and resolutions prior to the convening of each legislative session; to provide for the preliminary assignment of such matters to committees and consideration of the same by such committees; to provide for the unofficial status of such matters, as opposed to actions officially taken during legislative sessions; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, is amended by adding a new Code Section 28-1-16 to read as follows:
"28-1-16. (a) The purpose of this Code section is to establish an administrative proce dure for the profiling of proposed bills and resolutions prior to the convening of each legisla tive session. The purposes of such procedure shall include:
(1) Allowing, but not requiring, the author of a measure which he or she intends to introduce in the General Assembly to make the members of the General Assembly and the general public aware of the existence and contents of such proposed measure;
(2) Allowing, but not requiring, the presiding officers of the Senate and House of Repre sentatives to indicate the committees to which they intend to assign such proposed mea sures if and when they are officially introduced; and
(3) Allowing, but not requiring, standing committees so selected to begin informal con sideration of such proposed measures.
(b) During the period which begins on November 15 of each calendar year and ends on the Friday before the second Monday in January of the following calendar year, bills and resolutions considered for introduction in the General Assembly may be prefiled with the Secretary of the Senate and the Clerk of the House as authorized in this Code section. Such measures may be so prefiled with the Secretary of the Senate by any one or more Senators who will be eligible to consider the measure when introduced. Such measures may be so prefiled with the Clerk of the House by any one or more Representatives who will be eligible to consider the measure when introduced. The profiling of a measure shall not constitute the official introduction of a bill or resolution, and a bill or resolution may be officially intro duced only during a legislative session.
(c) When any one or more authors of a proposed measure desire to prefile the proposed measure, they shall obtain copies of the same from the Office of Legislative Counsel, pre pared in a form to indicate their status as measures to be prefiled, and shall prefile the same with the Secretary of the Senate or the Clerk of the House in such manner as may be prescribed by the Secretary or the Clerk.
(d) Neither the profiling of a proposed measure by the author, an indication of inten tion to assign a proposed measure to a committee by a presiding officer, nor the informal consideration of a proposed measure by a committee shall be binding or have official status as the introduction, assignment to committee, or committee consideration of a measure; and all of such actions may officially be taken only after the convening of a session of the Gen eral Assembly.
(e) Upon receipt of a prefiled bill or resolution, the Secretary or Clerk shall assign to the proposed measure an identifying number. The Secretary and Clerk may develop num bering systems which will allow prefiled measures to be identified by a number correspond ing to the bill or resolution number which will be assigned to the same measure when and if it is officially introduced during the legislative session.
(f) Following receipt of a prefiled measure, the Secretary or Clerk shall notify the pre siding officer of the Senate or House, and such presiding officer may make a preliminary

WEDNESDAY, MARCH 16, 1994

2273

assignment of the measure to a standing committee for consideration by the committee. Such a preliminary assignment shall not constitute the official assignment of an officially introduced bill. Such official assignment of a bill or resolution may take place only following the official introduction of the bill or resolution during the legislative session. Such a prelim inary assignment shall in no manner be binding upon the presiding officer, and the official assignment of a bill or resolution after its official introduction may be made without regard to any preliminary assignment of the proposed measure.
(g) Upon the preliminary assignment of a bill or resolution, the committee to which the same is assigned may commence consideration of the proposed measure and the issues ad dressed therein, but the committee shall have no power to take any official action with re spect to such a proposed measure until after its official introduction and assignment to the committee.
(h) All measures prefiled under this Code section and the preliminary assignment of the same shall be matters of public record and shall be made available to the public."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Henson of the 55th moved that the Senate adopt the Conference Committee report on HB 170.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Alien Cheeks Clay Crotts

Egan Hill Kemp Langford of 35th (excused)

Newbill Parrish Scott

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 170.
The following bill was taken up to consider House action thereto:
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.

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JOURNAL OF THE SENATE

The House amendment was as follows:

Amend SB 648 by striking line 14 of page 2 and inserting the following:

"adult or adult suffering from dementia are".

By striking line 1 of page 3 and inserting the following:

"suffering from dementia, such as".

By striking line 10 of page 3 and inserting the following:

"(3) 'Dementia' means: (A) an irreversible".

By striking lines 17 and 18 of page 3 and inserting the following:

"or supervision; or (B) the comatose state of an adult resulting from any head injury."

By striking line 20 of page 4 and inserting the following:

"dementia, who lives in the same residence".

By striking line 6 of page 5 and inserting the following:

"older adult or other adult suffering from".

By striking line 12 of page 5 and inserting the following:

"adult suffering from dementia, such as".

By striking line 28 of page 5 and inserting the following:

"adult suffering from dementia. Supportive".

By striking line 15 of page 6 and inserting the following:

"suffering from dementia carry out tasks".
Senator Thompson of the 33rd moved that the Senate agree to the House amendment to SB 648.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Glanton Guhl Harbison Hemmer Henson Hooks Isakson Langford of the 29th Madden Marable McGuire Middleton Newbill

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

Voting in the negative was Senator Day.

Those not voting were Senators:

Abernathy Allen BChlietcehks Clay Egan

Gouchenour Hill THT uggms Kemp Langford of 35th (excused)

Parrish Ragan of the llth 0Sc*o4t.t Turner Walker

WEDNESDAY, MARCH 16, 1994

2275

On the motion, the yeas were 39, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 648.
The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:
The Committee of Conference on HB 1715 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1715 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ Loyce W. Turner Senator, 8th District
/s/ Steve Farrow Senator, 54th District
/s/ Harold J. Ragan Senator, llth District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Kermit Bates Representative, 179th District
/s/ Kathy Cox Representative, 160th District
Gerald Greene Representative, 158th District

Committee of Conference substitute to HB 1715:

A BILL
To be entitled an Act 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 Supe rior Court of Early County; 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 that in counties having a population of not more than 50,000 superior court proceedings may be held in places other than the courthouse; to provide an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, is amended by striking subparagraph (B) of paragraph (31) of said Code section and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) Early County -- Third Monday Tuesday in January and third Monday in July."
Section 2. Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, is amended by striking Code Section 15-6-18, relating to alternative locations for holding superior court, in its entirety and inserting the following:
"15-6-18. (a) If for any cause it shall or may be impracticable to hold any session or sitting of any superior or state court at the court house or other place provided by law therefor, it shall be lawful to hold court and any session or sitting thereof at such place as the proper authorities of the county in and for which the court is to be held may from time to time provide for such purpose, provided that except as provided in subsection (b) of this Code section no session or sitting of any superior court may be held under this subsection at any place other than the county site of the county of such court.
(b) The provisions of this subsection shall apply only in a county in which there exists a

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JOURNAL OF THE SENATE

state court with one or more courtrooms regularly utilized by the state court outside the county site. In any such county any session of superior court may be held outside the county site in a courtroom of the state court, subject to the following conditions and limitations:
(1) The senior judge or chief judge of superior court (such terms meaning the active judge who is senior in time of service) must enter a written order for such session of superior court to be so held outside the county site, and such order must incorporate a written find ing that it is impracticable for the session of court to be held at the county site;
(2) A judge of the state court must enter a written order consenting for such session of superior court to be held in the courtroom of the state court;
(3) The holding of superior court sessions shall not affect the place of filing of docu ments to be filed with the superior court, except for documents filed in open court which may be filed where the session of court is held; and
(4) Any state court making courtroom space available to the superior court under this subsection shall be authorized under the same rules to hold sessions of state court in facili ties of the superior court.
(c) Notwithstanding the provisions of subsection (a) and (b) of this Code section, in each county of this state having a population of not more than 50,000 according to the United States decennial census of 1990 or any future such census, if for any cause it shall or may be impractical to hold any session or sitting of any superior or state court at the court house or other place provided by law therefor or if it should appear to the governing author ity of the county that the best interest of the public would be served by the furnishing of alternate or additional facilities for the holding of any session or sitting of any superior or state court, it shall be lawful to hold court and any session or sitting thereof at such place or places as the governing authority of the county in and for which the court is to be held may from time to time, by appropriate resolution, provide for such purpose, provided that no session or sitting of any superior court or state court may be held under this subsection at any place that is not open to and accessible by the public; provided, further, that no crimi nal jury trial shall be conducted in such alternate or additional facility without the consent of the accused.
() (d) All acts of a superior court or state court done at a place provided therefor by the county authorities, other than at the county courthouse or other place of holding such court as fixed by law, shall have the same force and effect as if the same had been done at the regular courthouse or other place fixed by law for the holding of such court, including the satisfaction of the requirements of Code Section 15-6-17."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Ragan of the llth moved that the Senate adopt the Conference Committee report on HB 1715.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th 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 Perdue Pollard

WEDNESDAY, MARCH 16, 1994

2277

Ragan of llth

Scott

Ragan of 32nd

Slotin

Ray

Starr

Robinson

Taylor

Those not voting were Senators:

Alien Burton Egan

Henson Langford of 35th (excused) Parrish

Thomas Thompson Turner Tysinger
Ralston Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1715.
The following bill was taken up to consider the Conference Committee report thereon:

HB 492. By Representatives Mueller of the 152nd, Purcell of the 147th, Dixon of the 150th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to pro vide for a presumption that proficiency in Braille reading and writing is essential for the education of blind students; to provide for an inventory of Braille skills.

The Conference Committee report was as follows:

The Committee of Conference on HB 492 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HB 492 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Jack Hill Senator, 4th District
/s/ Richard O. Marable Senator, 52nd District
/s/ Sallie Newbill Senator, 56th District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Anne Mueller Representative, 152nd District
/s/ Sonny Dixon Representative, 150th District
/s/ Ann R. Purcell Representative, 147th District

Committee of Conference substitute to HB 492:

A BILL
To be entitled an Act 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; to amend Code Section 20-2-989.1 of the Official Code of Georgia Annotated, 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 Pro fessional Standards Commission; to amend Title 30 of the Official Code of Georgia Anno tated, relating to handicapped persons, so as to provide a short title; to provide definitions; to provide for a presumption that proficiency in Braille reading and writing is valuable for the education of blind students; to provide for an evaluation of skills; to provide for excep tions; to provide for elements of an individualized education program; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by adding at the end a new Code section to read as follows:
"20-2-189. (a) As used in the Code section, the term 'migrant student' means a child who is a student in a public school and who has, within 12 months prior to first becoming a student in such school, moved across state or school district lines with a migrant parent or guardian to enable the child, the child's parent or guardian, or a member of the child's immediate family to obtain temporary or seasonal employment in an agricultural or fishing activity.
(b) The State Board of Education shall provide grants to qualified local units of admin istration for the purpose of supplementing services and instruction to currently enrolled migrant students. A local unit of administration shall not be eligible for such grant for any school thereof unless the number of migrant students enrolled in such school is at least 20 or equals at least 5 percent of the latest full-time equivalent program count for such school, whichever is greater. The State Department of Education by regulation shall establish the manner in which a local unit of administration must demonstrate that any of its schools meets the eligibility requirements of this subsection.
(c) Grants under this Code section shall be subject to appropriation by the General Assembly. The grant amount for a local unit of administration to be used for a school thereof under this Code section shall be determined by multiplying the total appropriation for such grants by a fraction, the numerator of which is the number of eligible migrant students in that school and the denominator of which is the total number of eligible migrant students in all local units in the entire state. At least 90 percent of the grant funds received by a local unit under this Code section shall be used for direct program expenditures at the school for which the grant is computed under this subsection. Any portion of that 90 per cent not so expended shall be returned to the State Department of Education."
Section 2. Code Section 20-2-989.1 of the Official Code of Georgia Annotated, relating to classifications for certificated personnel established by the State Board of Education re maining in effect, is amended by striking subsection (b) thereof and inserting in its place the following subsection:
"(b) It is the intent of this part to transfer to the Professional Standards Commission all functions previously performed by the state board with regard to certification and all functions related thereto, except with regard to public librarians and those functions associ ated by the development and administration of the teacher certification teat."
Section 3. Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by adding a new chapter to be designated Chapter 7 to read as follows:
"CHAPTER 7
30-7-1. This chapter shall be known and may be cited as the 'Blind Persons' Literacy Rights and Education Act.'
30-7-2. As used in this chapter, the term:
(1) 'Blind student' means an individual who is eligible for special education services and who:
(A) Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than 20 degrees; or
(B) Has a medically indicated expectation of visual deterioration.
(2) 'Braille' means the system of reading and writing through touch commonly known as standard English Braille.

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(3) 'Individualized education program' means a written statement developed for a stu dent eligible for special education services pursuant to Section 602(a)(20) of Part A of the Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1401 (a) (20).
30-7-3. (a) Each blind student must be identified and, if appropriate, offered an individ ualized education program in consultation with a parent or legal guardian. While Braille is not required, it is presumed that Braille reading and writing are valuable skills and as needed are to be considered in the student's transition plan.
(b) No child who is blind may be denied the opportunity to receive instruction in Braille reading and writing if the child has the ability to read and write print.
(c) Each blind student shall be evaluated to determine the need for Braille skills. The purpose of the evaluation shall be to determine the appropriate reading and writing media for the individual child.
(d) Nothing in this Code section shall require the inclusion of Braille in a blind stu dent's individualized education program.
30-7-4. (a) Instruction in Braille reading and writing shall be sufficient to enable each blind student to communicate effectively and efficiently with the same level of proficiency expected of the student's peers of comparable ability and grade level.
(b) For a student whose visual impairment affects the student's reading and writing performance in relation to the student's ability such that Braille instruction and use are indicated, an individualized education program shall include the following:
(1) The results obtained from the evaluation required under Code Section 30-7-3;
(2) How instruction in Braille will be implemented as the primary mode for learning through integration with other classroom activities;
(3) The date on which Braille instruction will commence;
(4) The length of the period of instruction and the frequency and duration of each instructional session; and
(5) The level of competency in Braille reading and writing to be achieved by the end of the period and the objective assessment measures to be used.
(c) For a student whose reading and writing performance is evaluated as commensurate with the student's ability despite visual impairment so that Braille instruction and use are not required for the student's individualized education program, the minutes of the individ ualized education program meeting shall include a statement which documents that the ab sence of Braille instruction or use will not impair the student's ability to read and write effectively."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Newbill of the 56th moved that the Senate adopt the Conference Committee report on HB 492.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Clay Coleman Day Dean Edge Farrow Gillis Glanton Gochenour

Guhl Harbison Hemmer Henson Hill Hooks Huggins Langford of 29th Madden

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Marable McGuire Middleton Newbill Perdue Pollard

Ragan of llth Ragan of 32nd Ralston Ray Robinson Scott

Slotin Starr Taylor Thompson Turner Tysinger

Those not voting were Senators:

Alien Burton Crotts Egan

Isakson Kemp Langford of 35th (excused) Oliver

Parrish Thomas Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 492.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act 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, and 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 provide for financial requirements for certain mutual insurers and certain self-insurers for motor vehicle liability purposes; to provide requirements for surplus to be possessed and maintained by certain mutual insurers; to require the maintenance of cash deposits and investments 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 certifi cate of self-insurance for motor vehicle liability purposes; to provide a definition; to allow for a transition period for compliance; to require such self-insurers to submit to the Com missioner reports and annual financial statements; 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 transacting motor vehicle insurance; to require such self-insurers to maintain reserves for losses; 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. Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insurance, is amended by ad ding the following Code Section 33-3-7, relating to the requirement of surplus for new insur ers, a new Code Section 33-3-7.1 to read as follows:
"33-3-7.1. Notwithstanding any provisions of this title which might be construed to the contrary, any mutual insurer which, as of the effective date of this Code section, has been issued at least 25 consecutive certificates of authority to transact insurance in this state, has at least 1.5 million in surplus, and has surplus equal to at least 10 percent of its total assets

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shall be deemed to be in compliance with the minimum surplus requirement for mutual insurers under this title so long as it possesses and thereafter maintains at least $1.5 million in surplus and has surplus which is equal to at least 10 percent of its total assets."
Section 2. 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, issued 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 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 cover 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) Except as otherwise provided in subparagraph (D) of this paragraph, on or after July 1, 1994, to qualify for a certificate of self-insurance under subparagraph (B) of this paragraph, a person shall maintain with the Commissioner a cash deposit of $100,000.00 and shall also possess and thereafter maintain an additional amount of at least $300,000.00 which shall be invested in the types of assets described in subparagraphs (A) through (H) of Code Section 33-11-5 and Code Sections 33-11-10, 33-11-14.1 33-11-20, 33-11-21, and 33-1125, which relate to various types of authorized investments for insurers.
(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 1, 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, reports of the business affairs and operations of the selfinaurer in the same manner as required of insurers pursuant to Code Section 33-3-21. A

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person operating as a self-insurer pursuant to this paragraph shall also submit to the Com missioner an annual financial statement audited by an independent certified public account ant. The value of any asset listed in any report required by this subparagraph shall be limited to the equity interest of the person operating as a self-insurer pursuant to this paragraph"!
(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 transacting motor vehicle insurance in this state 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 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 Henson of the 55th moved that the Senate agree to the House substitute to SB 505.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh BHtch Boshears
SWen , ,, u B,,Brroowunn ooff,. 4,,26,,6t,th,h CQJheeks Coleman Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison
Hemmer uH,,..e,,,,n,.sTMon TM Hooks Huggm* Kemp Langford of 29th Madden Marable McGuire

Middleton Newbill Oliver Perdue Ragan of 32nd
Ralston pKD a0y,T,. RScoobt'tnson Slotin Starr Taylor Thompson Turner Tysinger

Those not voting were Senators:

Alien Burton Crotts Isakson

Langford of 35th (excused) Ragan of llth

Parrish

Thomas

Pollard

Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 505.

WEDNESDAY, MARCH 16, 1994

2283

The following bill was taken up to consider House action thereto:
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.
Senator Clay of the 37th moved that the Senate insist on its amendment to HB 1228.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 1228.
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 710. By Representatives Purcell of the 147th, Coleman of the 142nd and Parrish of the 144th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the compensation of probate court judges, so as to raise the minimum annual salary of the judges of the probate court.
The Speaker has appointed on the part of the House, Representatives Purcell of the 147th, Hammond of the 32nd and Hudson of the 156th.
The House has adopted the report of the Committee of Conference on the following bills of the House and Senate:
SB 436. By Senators Newbill of the 56th, Clay of the 37th, Egan of the 40th, Burton of the 5th, Ragan of the 32nd 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.
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.
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.

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The following bill was taken up to consider House action thereto:

HB 710. By Representatives Purcell of the 147th, Coleman of the 142nd and Parrish of the 144th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the compensation of probate court judges, so as to raise the minimum annual salary of the judges of the probate court.

Senator Pollard of the 24th moved that the Senate adhere to its amendment, and that a Conference Committee be appointed.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to its amendment to HB 710.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Hill of the 4th, Robinson of the 16th, and Pollard of the 24th.
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 710. By Representatives Purcell of the 147th, Coleman of the 142nd and Parrish of the 144th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the compensation of probate court judges, so as to raise the minimum annual salary of the judges of the probate court.

The following bill was taken up to consider the Conference Committee report thereto:

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 Conference Committee report was as follows:
The Committee of Conference on SB 436 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 436 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Jack Hill Senator, 4th District
/s/ Richard 0. Marable Senator, 52nd District
/s/ Sallie Newbill Senator, 56th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ John Godbee Representative, 145th District
/s/ Ann R. Purcell Representative, 147th District
/s/ Sharon Trense Representative, 44th District

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Committee of Conference substitute to SB 436:
A BILL
To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for certain con tracts for school psychology services with persons certified by the Professional Standards Commission notwithstanding their not being licensed; to provide an alternative method of calculating the local fair share for county and independent school systems in certain circum stances; to change the calculation of equalization grants to local school systems; to change the standards for the exemption from certain evaluations; to provide for "high-achieving exempt schools"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the elementary and secondary education, is amended by adding after Code Section 20-2-156, a new Code section to read as follows:
"20-2-157. A local unit of administration shall be authorized to contract for school psy chology services with an individual certified by the Professional Standards Commission in school psychology. The certified individual shall be authorized to practice school psychology for the local unit of administration notwithstanding any contrary provision contained in Chapter 39 of Title 43 which requires such individual to be licensed thereunder."
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-164, relating to local fair share funds, and inserting in lieu thereof the following:
"(a) The State Board of Education shall calculate the amount of local fair share funds that each local school system shall be required to spend each fiscal year to support the Quality Basic Education Program; provided, however, that the local fair ahare for any local school system shall not exceed, for fiscal year 1002 only, 76 percent of the amount calculated pursuant to paragraph (1) of aubacetion (a) of Code Section 20-2-166. For fiacal year 1000 and every year thereafter, the local fair aharc for any local school system shall not exceed the amount calculated pursuant to subacction (d) of Code Section 20 2-161. The as follows:
(1) Unless the combined fair share total for all local school systems in the state, when calculated pursuant to this paragraph, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2161, the amount of each local school system's local fair share shall be calculated as follows:
ft) (A) Determine the most recent equalized adjusted school property tax digest for the local school system less the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274, multiply the difference by .4, and add to that product the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274;
43} (B) From the amount calculated in paragraph (1) subparagraph (A) of this aubace tien paragraph deduct the total amount calculated pursuant to subsection (g) of this Code section; and
43} (C) Multiply the remainder calculated in paragraph (2) subparagraph (B) of this aubaection paragraph by .005.
(2) If the combined fair share total for all local school systems in this state, when calculated~pursuant to paragraph (1) of this subsection, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2-161, then the amount of each local system's fair share shall be calculated as follows:

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(A) Multiply the total amount of Quality Basic Education Formula amounts to be ex pended for all local school systems combined, as calculated for each local school system pursuant to Code Section 20-2-161, by~!2;
(B) Divide the product calculated in subparagraph (A) of this paragraph by the sum of the local fair share amounts for all local school systems in this state as calculated for each local school system pursuant to subparagraph (C) of paragraph (1) of this subsection;
(C) Multiply the amount calculated in subparagraph (B) of this paragraph by .005; and
(D) Multiply the product calculated in subparagraph (C) of this paragraph by the re mainder calculated in subparagraph (B) of paragraph (1) of this subsection."
Section 3. Said chapter is further amended by striking in its entirety paragraph (3) of subsection (b) of Code Section 20-2-165, relating to equalization grants, and inserting in lieu thereof the following:
"(3) Subtract the millagc rate applied to calculate the local fair share pursuant to aub section (a) of Code Section 20 2-164 five from the effective millage rate for the local school system and use the resulting number of effective mills or 3.25 effective mills, whichever is less, as the number of effective mills to be equalized;".
Section 4. Said chapter is further amended by striking subsection (e.l) of Code Section 20-2-282, relating to evaluation of schools, and inserting in its place the following:
"(e.l) The state board shall, subject to the requirements of subparagraph (a)(l)(D) of this Code section, establish criteria for determining whether local schools significantly ex ceed expectations based on performance of students in educational programs. A school's expectation shall be calculated based on the demographic characteristics of its student body, so as to allow for comparisons between schools to be made on an equitable basis. Local schools which score in the highest 36 30 percent of a demographic group of comparable schools will be deemed to be significantly exceeding expectations in a given year and desig nated 'high-achieving exempt schools.' Schools designated as high-achieving exempt schools will not be subject to comprehensive evaluations for those functions described in subparagraph (a)(l)(B), (a)(l)(C), or (a)(l)(I) of this Code section, as long as the school maintains the designation 'high-achieving exempt school.' Schools and school districts which have had a standards review within the last four years will continue on the five-year cycle as man dated by law."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Newbill of the 56th moved that the Senate adopt the Conference Committee report on SB 436.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Hooks Huggins Isakson Kemp Langford of 29th Marable McGuire

Middleton Newbill Oliver Pollard Ragan of llth Ragan of 32nd Ralston Ray Scott Slotin Taylor Thompson Turner Tysinger

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2287

Those not voting were Senators:

Alien Burton Cheeks Crotts
Henson

Hill Langford of 35th (excused) Madden Parrish
Perdue

Robinson gtarr
Thomas Walker

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 436.

The following bill was taken up to consider the Conference Committee report thereon:

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 Conference Committee report was as follows:

The Committee of Conference on HB 929 recommends that the Senate recede from its position and that HB 929 as it passed the House of Representatives be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Sonny Perdue Senator, 18th District

/s/ John Godbee Representative, 145th District

Steve Thompson Senator, 33rd District

/s/ Thomas B. Buck III Representative, 135th District

/s/ Stephen B. Farrow Senator, 54th District

John W. Hammond Representative, 32nd District

Senator Perdue of the 18th moved that the Senate adopt the Conference Committee report on HB 929.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Egan Farrow Gillis Glanton Gochenour Guhl Harbison Hemmer Henson Hill Hooks Huggins Kemp

Langford of 29th Madden Marable McGuire Middleton Oliver Perdue Pollard Ragan of 32nd Ralston Scott Slotin Starr

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Taylor Thomas

Turner

Tysinger

Those not voting were Senators:

Alien Bfugh Clay Crotts Isakson

Langford of 35th (excused) Newbill Parrish Ragan of llth

Ray Robinson Thompson Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 929.
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 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.
The House has adopted the report of the Committee of Conference on the following bill of the House:
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.
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 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 Speaker has appointed on the part of the House, Representatives Kinnamon of the 4th, Godbee of the 145th and Sherrill of the 62nd.
The House adheres to its position in insisting on its amendment, and has appointed a

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Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 521. By Senators Burton of the 5th, Ragan of the llth, Marable of the 52nd, Dean of the 31st and Ray of the 19th:
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.
The Speaker has appointed on the part of the House, Representatives Mueller of the 152nd, Carter of the 166th and Harris of the 112th.
The following resolution was taken up to consider House action thereto:
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.
The House substitute was as follows:
A RESOLUTION
Authorizing the State Properties Commission to convey to the Georgia Building Au thority (Hospital) whatever real property interests the State of Georgia has in that certain real property known as Central State Hospital Water Treatment Facility, located in the City of Milledgeville, Baldwin County; to authorize the State Properties Commission to con vey to the Georgia Building Authority (Hospital) whatever real property interests the State of Georgia has in the easements appurtenant to the Central State Water Treatment Plant Facility; to confirm that title to the said real property is in the Georgia Building Authority (Hospital); to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, by deed dated January 23, 1967, and subsequently by a corrective deed dated February 2, 1972, the State of Georgia conveyed certain property to the Georgia Building Authority (Hospital) for the purpose of constructing thereon a water treatment plant in connection with Central State Hospital; and
WHEREAS, neither of the aforementioned deeds explicitly conveyed to the Georgia Building Authority (Hospital) the easements appurtenant to Central State Hospital Water Treatment Plant; and
WHEREAS, the real property conveyed under the aforementioned deeds contains vari ous improvements the title of which should be in the Georgia Building Authority (Hospital).
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Section 1. That the State of Georgia, acting by and through its State Properties Com mission, may convey, by quit claim deed, to the Georgia Building Authority (Hospital) whatever real property interests, including but not limited to all improvements, fixtures, buildings, structures, plants, trees, and shrubbery, that the State of Georgia may now have in that certain real property known as Central State Hospital Water Treatment Facility located in the City of Milledgeville, Baldwin County.
Section 2. That the State of Georgia, acting by and through its State Properties Com mission, may convey, by quit claim deed, to the Georgia Building Authority (Hospital) whatever real property interests that the State of Georgia may now have in the easements appurtenant to the Central State Hospital Water Treatment Facility.
Section 3. That the above-referenced conveyances are being made for the sole purpose

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of confirming that title to said real property and appurtenant easements are in the Georgia Building Authority (Hospital).
Section 4. That all such conveyances shall be recorded by the grantee in the superior court of the appropriate county and a recorded copy shall be forwarded to the State Proper ties Commission.
Section 5. That the Department of Human Resources and the State Properties Com mission are authorized and empowered to do all acts and things necessary and proper to effect the disposition of said property.
Section 6. That this resolution shall become effective upon its approval by the Gover nor or upon its becoming law without such approval.
Section 7. That all laws and parts of laws in conflict with this resolution are repealed.
Senator Baugh of the 25th moved that the Senate agree to the House substitute to SR 547.
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
B_B_orowuenn ofit 4, 6^ tht BBruorwtonn of 26th Clay Coleman Crotts Day Dean Edge

Egan Farrow Gillis Glanton Gochenour
Gr H-uarrhtbl'ison HHeenmsmoner Hill Hooks Huggins Kemp Marable McGuire

Middleton Oliver Perdue Pollard Ragan of 32nd
RRrVnUllOstLnUnI1 c]loytm. starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien Cheeks Isakson Langford of 35th (excused)

Langford of 29th Madden Newbill Parrish

Ragan of llth Robinson Scott Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 547.
The following bill was taken up to consider the Conference Committee report thereto:
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.

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The Conference Committee report was as follows:
The Committee of Conference substitute on HB 533 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Com mittee on Conference Substitute to HB 533 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Mary Margaret Oliver Senator, 42nd District
/s/ Charles C. Clay Senator, 37th District
/s/ Steven E. Langford Senator, 29th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lanett L. Stanley Representative, 50th District
/s/ Bettieanne Childers Hart Representative, 116th District
/s/ Roy E. Barnes Representative, 33rd District

Committee of Conference substitute to HB 533:

A BILL
To be entitled an Act 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 delinquency of a minor by soliciting, coercing, intimidating, or conspiring with a minor to commit a violent crime; to provide a definition; to provide for editorial revision; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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 public health and morals, is amended by striking Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, and inserting in its place a new Code Section 16-12-1 to read as follows:
"16-12-1. (a) As used in this Code section, the term:
(1) 'Delinquent act' means a delinquent act as defined in Code Section 15-11-2.
(2) 'Felony' means any act which constitutes a felony under the laws of this state, the laws of any other state of the United States, or the laws of the United States.
(3) 'Minor' means any individual who is under the age of 17 years or any individual under the age of 18 years who is alleged to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings.
(b) A person commits the offense of contributing to the delinquency, unruliness, or dep rivation of a minor when such person:
(1) He knowingly Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing a delinquent act as such is defined in Code Section 15-11-2, relating to juvenile proceedings;
(2) He knowingly Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing an act which would cause such minor to be found to be an unruly child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; er
(3) He willfully Willfully commits an act or acts or willfully fails to act when such act or omission would cause a minor to be found to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; ?

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(4) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, en courages, abets, or directs any minor to commit any felony which encompasses force or vio lence as an element of the otfense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or
(5) Knowingly and willfully provides to a minor any weapon as defined in subsection (b) of Code Section 16-11-127.1 or any weapon as defined in Code Section 16-11-121 to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult.
(c) It shall not be a defense to the offense provided for in this Code section that the minor has not been formally adjudged to have committed a delinquent act or has not been found to be unruly or deprived.
(d) A person convicted of the offcnsc of contributing to the delinquency, unfulincaa, or deprivation of a minor pursuant to paragraph (1), (2), or (3) of subsection (b) of this Code section shall be punished as follows:
(1) Upon conviction of the first offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $200.00 nor more than $500.00 or shall be imprisoned for not less than one month nor more than five months, or both fined and imprisoned;
(2) Upon conviction of the second offense, the defendant shall be guilty of a misde meanor and shall be fined not less than $400.00 nor more than $1,000.00 or shall be impris oned for not less than three months nor more than one year, or both fined and imprisoned; and
(3) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than three years, or both fined and imprisoned.
(e) A person convicted pursuant to paragraph (4) or (5) of subsection (b) of this Code section shall be guilty of a felony and punished as follows:
(1) Upon conviction of the first offense, the defendant shall be imprisoned for not less than one nor more than five years; and
(2) Upon conviction of the second or subsequent offense, the defendant shall be impris oned for not less than three years nor more than 20 years."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th moved that the Senate adopt the Conference Committee re port on HB 533.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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Ralston Ray Robinson Scott

Slotin Starr Taylor Thomas

Those not voting were Senators:

Alien Cheeks

Crotts Langford of 35th (excused)

Thompson Turner Tysinger Walker
Parrish

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 533.
The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:
The Committee of Conference on HB 1784 recommends that both the Senate and House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1784 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Pete Robinson Senator, 16th District
Is/ Stephen B. Farrow Senator, 54th District
Is/ David Ralston Senator, 51st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles A. Thomas, Jr. Representative, 100th District
/s/ Roy E. Barnes Representative, 33rd District
/s/ Dennis H. Chandler Representative, 99th District

Committee of Conference substitute to HB 1784:

A BILL
To be entitled an Act 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 jail as the place of confinement for a convicted felon if certain conditions are met; 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 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, is amended by striking subsections (b) and (d) and inserting in their place new subsection (b) and (d), respectively, to read as follows:
"(b) Where any person is convicted of any offense, misdemeanor, or felony and sen tenced to serve time in any penal institution in this state other than as provided in subsec tion (a) of this Code section, fee that person shall be committed to the custody of the com missioner who, with the approval of the board, shall designate the place of confinement

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where the sentence shall be served; provided, however, that the sentencing judge shall be authorized to designate the place of~cbnfinement of a convicted felon as a county jail if the sheriff consents to such designation, the period of confinement does not exceed two years, and the place of incarceration is in the county of venue for the trial of the otfense. The sheriff shall award good time allowances to an inmate sentenced under this Code section in the same manner as allowed for in subsection (b) of Code Section 42-4-7 and any inmate sentenced under this Code section may be assigned to a county work detail."
"(d) Notwithstanding any language Unless otherwise provided in the sentence as passed by the court as authorized by subsection (b) of this Code section, the commissioner may designate as a place of confinement any available, suitable, and appropriate state or county correctional institution in this state operated under the jurisdiction or supervision of the department. The commissioner shall also have sole authority to transfer inmates from one state or county correctional institution in this state to any other such institution operated by or under the jurisdiction or supervision of or approved by the board. Neither male nor female state inmates shall be assigned by the commissioner to serve in any manner in a county jail unless they are participating in a state sponsored project and have the approval of the commissioner and the sheriff or the jail administrator of the county. Furthermore, the commissioner may transfer to the Attorney General of the United States for confinement any inmate if it is determined that the custody, care, treatment, training, or rehabilitation of the inmate has not been adequate or in the best interest of the inmate or Iris the inmate's fellow inmates. The commissioner is authorized to contract with the Attorney General of the United States for the custody, care, subsistence, housing, treatment, training, and rehabili tation of such inmates."
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 moved that the Senate adopt the Conference Committee report on HB 1784.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Oliver Perdue Pollard Ralston j^ay Robinson ,tt
Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Ragan of 32nd.

Those not voting were Senators:

Alien Cheeks Crotts

Isakson

Parrish

Langford of 35th (excused) Ragan of llth

Newbill

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2295

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1784.
Senator Pollard of the 24th moved that Rule 156 requiring a Conference Committee report be printed and distributed one (1) hour before its consideration by the Senate be suspended, and that the Conference Committee report on the following bill be considered:

HB 710. By Representatives Purcell of the 147th, Coleman of the 142nd and Parrish of the 144th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the compensation of probate court judges, so as to raise the minimum annual salary of the judges of the probate court.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Clay Coleman Day Dean Edge 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 Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Alien Cheeks Crotts

Egan

Parrish

Isakson

Scott

Langford of 35th (excused)

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Conference Committee report on HB 710, as follows, was considered by the Senate:
The Committee of Conference on HB 710 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 710 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ G. B. Pollard Senator, 24th District
/s/ Jack Hill Senator, 4th District
Pete Robinson Senator, 16th District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Ann R. Purcell Representative, 147th District
/s/ John Hammond Representative, 32nd District
/s/ Newt Hudson Representative, 156th District

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Committee of Conference substitute to HB 710:

A BILL
To be entitled an Act 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by adding, following Code Section 15-9-30.4, a new Code Section 15-9-30.5 to read as follows:
"15-9-30.5. (a) Subject to the provisions of subsection (b) of this Code section, in addi tion to any other jurisdiction vested in the probate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Article 1 of Chapter 7 of Title 52, known as the 'Georgia Boat Safety Act,' which constitutes a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations.
(b) A probate court shall not have the power to dispose of misdemeanor cases as pro vided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if probable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Pollard of the 24th moved that the Senate adopt the Conference Committee report on HB 710.
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
SBroWuenn orf 4,.6thu Brown of 26th BQJurton Coleman rj ay Dean Edge Farrow Gillis

Glanton Gochenour Guhl Harbison Hemmer
HHemnson ., , Huoogkg8ins Isakson Langford of 29th Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan of llth
RRaaglsatnonof 32nd D Rob.inson Slotin Starr Thomas Thompson Turner Tysinger

Those not voting were Senators:

Alien Cheeks Crotts Egan

Kemp Langford of 35th (excused) Parrish Scott

Taylor Walker

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On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 710.
The following bill was taken up to consider the Conference Committee report thereto:

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 Conference Committee report was as follows:
The Committee of Conference on SB 629 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 629 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ Stephen B. Farrow Senator, 54th District
Is/ Jack Hill Senator, 4th District
/s/ Richard Marable Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Gregory H. Kinnamon Representative, 4th District
/s/ John Godbee Representative, 145th District
/s/ Tom Sherrill Representative, 62nd District

Committee of Conference substitute to SB 629:

A BILL
To be entitled an Act 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 prohibit any school system from denying both parents of a child the right to inspect and review the education records of such child; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by striking Code Section 202-720 which reads as follows:
"20-2-720. Reserved.",
in its entirety and inserting in lieu thereof the following:
"20-2-720. No local school system, whether county, independent, or area, shall have a policy of denying, or which effectively prevents, the parents of students who are in attend ance at or who have been enrolled in any facility within such system the right to inspect and review the education records of their children. A parent shall be entitled to inspect and review only information relating to his or her own child and if any material or document in a child's record includes information on another student, such information regarding any other student shall not be made available for inspection or review except to the parents of that student. Both parents of a child shall be entitled to inspect and review the educational records of their child or to be provided information concerning their child's progress. Infor mation concerning a child's education record shall not be withheld from the noncustodial

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parent unless a court order has specifically removed the right of the noncustodial parent to such information or unless parental rights have been terminated."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Farrow of the 54th moved that the Senate adopt the Conference Committee report on SB 629.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Middleton Newbill Oliver Perdue Ragan of 32nd
~
,,Ro\b_i. nson lotm tarr Thomas Turner Tysinger Walker

Those not voting were Senators:

Alien Cheeks Crotts Kemp

Langford of 35th (excused) Madden Parrish Pollard

Ragan of llth Scott Taylor Thompson

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 629.
Senator Burton of the 5th moved that Rule 156 requiring a Conference Committee re port to be printed and distributed (1) hour before its consideration by the Senate be sus pended, and that the Conference Committee report on the following bill be considered:

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.

On the motion, 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 Clay Coleman Day

Dean Edge Egan Farrow Gillis

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2299

Glanton Guhl Harbison Hemmer Henson Hill Hooks Huggins Kemp

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

Those not voting were Senators:

Abernathy Alien Balfour Cheeks Crotts

Gochenour Isakson Langford of 35th (excused) McGuire Parrish

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

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Conference Committee report on SB 521, as follows, was considered by the Senate:
The Committee of Conference on SB 521 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 521 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Joe Burton Senator, 5th District
/s/ Edward E. Boshears Senator, 6th District
/s/ Richard O. Marable Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Anne Mueller Representative, 152nd District
Hanson Carter Representative, 166th District
/s/ Bobby Harris Representative, 112th District

Committee of Conference substitute to SB 521:

A BILL
To be entitled an Act 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 annual report; to provide for related matters; to provide 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. Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by inserting a new chapter, to be designated Chapter 7, to read as follows:
"CHAPTER 7
30-7-1. The General Assembly finds that Georgia citizens with hearing or visual impair ments share many serious difficulties stemming from ineffective communication with others, including isolation, denial of opportunities to participate fully in their communities, and a lack of access to services which are routinely available to those without hearing or visual

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impairments. The General Assembly further finds that there is a lack of coordination of the services and assistance which are available, and there is a need for improved information regarding eligibility and opportunities for education and assistance. It is also apparent that Georgia citizens who have hearing or visual impairments need strong advocates.
30-7-2. There is created the Georgia Office of Sensory Affairs. The Governor shall ap point a director for the office. The office shall be attached to the office of the Governor for administrative purposes only in accordance with Code Section 50-4-3.
30-7-3. The director shall have the following powers and duties:
(1) To provide information to persons with or without hearing or visual impairments regarding programs, services, and education for persons with hearing or visual impairments;
(2) To coordinate existing services and resources for persons with hearing or visual im pairments in such a way as to make these services more efficient, effective, and accessible;
(3) To act as an advocate for persons who have hearing or visual impairments with federal, state, and local governmental agencies and instrumentalities and with the private sector;
(4) To report annually to the Governor and the General Assembly regarding recommen dations in accordance with Code Section 30-7-4 and activities of the office; and
(5) To employ staff to assist in the exercise of such powers and performance of such duties. Total staffing shall not exceed eight positions. The staff shall include one person with a hearing impairment in the hearing impairment function and one person with a visual impairment in the visual impairment function.
30-7-4. The director's annual report to the Governor and the General Assembly shall include recommendations regarding:
(1) The improvement of state programs, services, and education for persons with hear ing or visual impairments;
(2) The elimination of duplication of effort;
(3) The coordination of state programs, services, and education with local or private programs, services, and education for persons with hearing or visual impairments in order to make the most effective use of available resources;
(4) Legislation needed for persons with hearing or visual impairments;
(5) Federal grants or funds available for programs, services, or education for persons with hearing or visual impairments; and
(6) Innovative programs, services, or education for persons with hearing or visual im pairments available in other states.
30-7-5. This chapter shall be automatically repealed July 1, 2000."
Section 2. This Act shall become effective on July 1, 1995.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Burton of the 5th moved that the Senate adopt the Conference Committee report on SB 521.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Baugh Blitch Boshears

Bowen Broun of 46th Brown of 26th Burton Clay

Coleman Dean Edge Egan Farrow

WEDNESDAY, MARCH 16, 1994

2301

Gillis Glanton Gochenour Harbison Hemmer Henson Hill Huggins Isakson Kemp

Langford of 29th Madden Marable McGuire Middleton Newbill Oliver Pollard Ragan of llth Ragan of 32nd

Voting in the negative was Senator Hooks.

Those not voting were Senators:

Ralston Ray Robinson Slotin Starr Taylor Thomas Thompson Turner Tysinger

Alien Cheeks Crotts Day

Guhl

Perdue

Langford of 35th (excused) Scott

Parrish

Walker

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on SB 521.
The following resolutions were read and adopted:
SR 664. By Senator Thomas of the 10th: A resolution commending Edith L. McGrew.
SR 665. By Senators Thomas of the 10th and Henson of the 55th: A resolution recognizing Sarah Taylor.
SR 666. By Senators Perdue of the 18th, Brown of the 26th, Gochenour of the 27th and others: A resolution wishing a speedy recovery for Ms. Mary Olmstead.
SR 667. By Senators Thompson of the 33rd, McGuire of the 30th and Gochenour of the 27th: A resolution recognizing and commending Valeria Munguia.
SR 668. By Senators Thompson of the 33rd, Gochenour of the 27th and McGuire of the 30th: A resolution recognizing and commending Kathy Fowler.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

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JOURNAL OF THE SENATE

Mr. President:
The House recedes from its position in disagreeing to the Senate amendment to the following resolution of the House:
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.
The House has adopted the report of the Committee of Conference on the following bills of the House and Senate:
HB 492. By Representatives Mueller of the 152nd, Purcell of the 147th, Dixon of the 150th, White of the 161st, Hembree of the 98th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to pro vide for a presumption that proficiency in Braille reading and writing is essential for the education of blind students; to provide for an inventory of Braille skills.
HB 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.
SB 31. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and Isakson of the 21st:
A bill to provide for an additional judge of the superior court of the Cobb Judi cial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Cobb Judicial Circuit.
The House has adopted the report of the 2nd Committee of Conference on the follow ing bill of the Senate:
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 House has adopted the report of the Committee of Conference on the following bills of the House and Senate:
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.

WEDNESDAY, MARCH 16, 1994

2303

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 prefiling 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.
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 House has passed by the requisite constitutional majority the following bills of the Senate:
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.
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.
SB 727. By Senators Day of the 48th, Newbill of the 56th, Balfour of the 9th, Burton of the 5th and Tysinger of the 41st:
A bill to amend an Act relating to education districts for the election of members of the Board of Education of Gwinnett County, as amended, so as to change the description of the education districts of the board; to provide for continuation in office; to provide for federally required submissions; to provide for effective dates.
SB 728. By Senators Day of the 48th, Newbill of the 56th, Balfour of the 9th, Burton of the 5th and Tysinger of the 41st:
A bill to amend an Act creating the board of commissioners of Gwinnett County, as amended, so as to change the description of the commissioner districts; to provide for terms; to provide federally required submissions; to provide for effec tive dates.
SB 730. By Senators Clay of the 37th, Isakson of the 21st and Thompson of the 33rd:
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, as amended, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff.
SB 731. By Senators Isakson of the 21st, Clay of the 37th and Thompson of the 33rd:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, as amended, so as to change

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JOURNAL OF THE SENATE

the compensation of the tax commissioner, the chief clerk, and the executive sec retary; to provide an effective date.
SB 732. By Senators Thompson of the 33rd, Clay of the 37th and Isakson of the 21st:
A bill to amend an Act providing for the compensation of the judge of the Juve nile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to provide for an effective date.
SB 733. By Senator Perdue of the 18th:
A bill to reconstitute the Board of Education of Houston County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions; to provide for successors; to provide for terms; to provide for vacancies; to provide for related matters; to provide for submission.
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.
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.
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.
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.
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.
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.

WEDNESDAY, MARCH 16, 1994

2305

SB 462. By Senators Thomas of the 10th, Burton of the 5th, Oliver of the 42nd, Tysinger of the 41st and Henson of the 55th:
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 House has adopted by the requisite constitutional majority the following resolution of the Senate:
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 the grant of nonexclusive easements to Georgia Power Company for the opera tion and maintenance.
The House has agreed to the Senate amendments to the following bills of the House:
HB 389. By Representatives Sinkfield of the 57th, Smith of the 174th, Orrock of the 56th, Lucas of the 124th, Turnquest of the 73rd and others:
A bill to amend Chapter 10 of Title 34 of the Official Code of Georgia Annotated, relating to labor pools, so as to define certain terms; to prohibit employers from failing to give temporary employees pay stubs or other notice of their rate of pay and any deductions; to prohibit paying temporary employees except in cash or check redeemable at full value; to provide for the powers of the Commissioner of Labor.
HB 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 1847. By Representatives Martin of the 47th and McKinney of the 51st:
A bill to amend an Act providing for urban enterprise zones in the City of At lanta and known as the "Atlanta Urban Enterprise Zone Act," so as to provide for mixed-use commercial and industrial purposes zones and mixed-use residen tial and commercial purposes zones.
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 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

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JOURNAL OF THE SENATE

requirements relating to a written notice for entrants; to clarify exemptions; to provide for an alternative to bonds.
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 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 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 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 course.
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.
The House has agreed to the Senate substitute to the following bill of the House:
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.
The House has agreed to the Senate amendments to the following resolutions of the House:
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.

WEDNESDAY, MARCH 16, 1994

2307

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 has agreed to the Senate substitutes to the following bills 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.
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 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 1078. By Representative Jenkins of the 110th:
A bill to reconstitute the Board of Education of Jasper County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain con stitutional and statutory provisions.
HB 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 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 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.

2308

JOURNAL OF THE SENATE

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.
The President announced at 11:59 P.M. that the Senate stood adjourned sine die.

INDEX

2309

Senate Journal Index
1994 Regular Session

INDEX

2311

PART I

SENATE BILLS AND RESOLUTIONS

SB

4--State Agencies; grant programs; Fair and Open

Grants Act ....................................... No action in 1994

SB

5--State Agencies; budgets; 5-year strategic plans;

Agency Review Act. ............................... No action in 1994

SB

6--Seat Safety Belts; child passengers under age 16;

requirements ..................................... No action in 1994

SB

8--State Agencies; budget request; property purchase,

leases; procedure .................................. No action in 1994

SB 10--Water Resources; withdrawal, usage; approved water

conservation plan ................................. 67, 77, 100, 2251, 2267

SB 12--Firearms Dealers; retail sales; requirements prior

sale or delivery; purchaser background

check .............. 556, 583, 585, 592, 673, 703, 847, 2043, 2050, 2264, 2267

SB 20--Dietitians Licensing Law; nutritional care;

professional counseling ............................

377, 500, 512

SB 24--Recreational Bingo Games; operation of;

requirements; regulation ........................... No action in 1994

SB 27--DUI; driver's license suspension for first or

subsequent offenses ....

No action in 1994

SB 31--Judges Removed From Office; federal court order;

grand jury powers

1862, 1882, 1887, 1910, 1972, 2090, 2257, 2263, 2302

SB 32--Civil Actions; dismissal for want of prosecution;

reduce time period

No action in 1994

SB 33--Trials; motion for new trial; transcript filing;

time extension .................................... No action in 1994

SB 34--Insurance; Motor Vehicle; liability; raise minimum

amount required .................................. No action in 1994

SB 36--Common-law Marriages; invalid to enter into after

certain date ...................................... No action in 1994

SB 37--Sex Education, AIDS Prevention Course Materials;

appropriateness of ................................ No action in 1994

SB 38--Highways; weight, load requirements; allowable

methods for compliance

No action in 1994

SB 39--World Congress Center or Its Operating Agents;

hiring practices

.............. 33, 35

SB 40--Public Schools; comprehensive evaluations;

exemption; accreditation

No action in 1994

SB 41--Volunteers Serving School Sponsored Functions;

liability immunity ................................. .......... 1337, 1447

SB 42--Public, Private Schools; property damage, theft;

criminal trespass .................................. 157, 192, 261, 262

SB 43--QBE; purpose; additional goals, achievements by the

year 2000 ........................................ No action in 1994

SB 44--In-school Suspension Classes; qualifications of

persons in charge

No action in 1994

SB 46--School Health Services Act; scope of programs;

student referral ................................... .............. 33, 35

2312

JOURNAL OF THE SENATE

SB 47--Automobile Insurers; glass replacement, repair work;

prohibited acts .............................. 1862, 1977, 1984, 2193, 2198

SB 49--Mental Health; Delivery of Disability Services; reorganization;

coordination between regional and community boards;

public and private providers ....................... No action in 1994

SB 50--Property Improvements; conversion of payments;

intent to defraud ................................. 139, 157, 195, 241

SB 52--Driver's License; commercial vehicles; operating

without a license .................................. No action in 1994

SB 53--State Employees; sick leave; utilization;

affidavits; reports ................................. No action in 1994

SB 54--Correctional Officers; two breaks during each 8-hour

shift ............................................. No action in 1994

SB 55--State Officers and Employees; participating in

political activities ................................. 532, 563, 622, 633, 683

SB 56--Motor Vehicle; accident claims; insurers failure to

pay benefits ...................................... No action in 1994

SB 57--U.S. Senators, Representatives from Georgia; term

limitations ....................................... No action in 1994

SB 58--Welfare Reform; additional child born; eliminate

benefit increases .................................. No action in 1994

SB 59--Educational Programs; student assessment; disclosure

of results......................................... No action in 1994

SB 60--State Agencies; continuing appropriations; program

reviews; reports ................................... No action in 1994

SB 62--State Courts; civil actions; demand for trial by

jury.............................................. ........... 1428, 1481

SB 63--Divorce, Custody, Paternity, Visitation Actions;

parent seminar ................................... No action in 1994

SB 64--State Board of Pardons and Parole; voting records;

public inspection .................................. . No action in 1994

SB 65--Peace Officers; training agencies; appropriation of

funds ............................................ No action in 1994

SB 66--LEARNFARE Program; public assistance; teenagers;

school attendance ................................. No action in 1994

SB 67--Librarians; professional certification; accredited

master's degree ................................... No action in 1994

SB 68--Firearms Protection for Minors Act; offense of

criminal storage................................... No action in 1994

SB 69--Lobbying; restrict conduct of former legislators,

public officials .................................... ................. 355

SB 71--State Flag; change design and description;

state-wide referendum ............................. No action in 1994

SB 72--School Attendance; mandatory to age 18 years;

applicable school year

No action in 1994

SB 77--State Agencies; administrative procedure; contested

cases............................................. 486, 533, 567, 568, 580

SB 79--Charter School Programs; grants; organization and

operation of ...................................... No action in 1994

SB 80--Vehicles Transporting Passengers; buses, vans;

revise definition................................... . No action in 1994

SB 81--Estates; year's support of family of the deceased;

increase amount .................................. No action in 1994

SB 82--Firemen's Pension Fund; vested rights; redefine

eligible firemen ...............

111, 139, 160, 161, 166,

286, 319, 346, 618, 644, 660, 1270, 1522

INDEX

2313

SB 84--Insurance; Motor Vehicle; subrogation; medical

benefits; prohibitions ................................ No action in 1994

SB 86--State Agencies; budget requests; audit report;

Program Review Act ................................ No action in 1994

SB 94--Airports, Landing Fields; commercial expansion;

referendum approval

No action in 1994

SB 95--Supermarket, Grocery Stores; polling places;

alcoholic beverage sales .............................. No action in 1994

SB 98--Highways; Developmental Highway System; exclude the

Outer Perimeter

No action in 1994

SB 99--Death of Person Admitted Hospital in Unconscious

State; reporting .....................................

1428, 1902

SB 100--Lottery for Education Account; proceeds;

appropriation restrictions

33, 35, 532, 567, 580

SB 101--QBE; local fair share funds; equalization grants;

calculation method

No action in 1994

SB 105--Loans Secured by Residential Property; interest;

fees, insurance premiums, property appraisal, title search;

regulate lender rates

No action in 1994

SB 106--Lenders, Brokers; residential mortgage businesses;

regulation of......................................... No action in 1994

SB 107--School Bus Drivers; random drug testing; policies;

funding method ...................................... No action in 1994

SB 109--DUI; driver improvement clinics; alcohol or drug

use reduction programs; use of courthouse space

No action in 1994

SB 110--Blind Persons Literacy Rights and Education Act;

braille .............................................. No action in 1994

SB 112--Ballots; Braille print for Use by the Blind or

Visually Impaired .................................... No action in 1994

SB 113--Criminal Procedure; search warrants; lawful

evidence obtained .................................... No action in 1994

SB 114--Bingo Games; valuation of prizes awarded; maximum

amount ............................................. No action in 1994

SB 116--Radar Speed Detection; use of devices on hills;

admissible evidence .................................. No action in 1994

SB 118--General Assembly; members of standing committees;

acceptance of travel expenses paid by lobbyists

prohibited ........................................... No action in 1994

SB 119--DUI; third or subsequent conviction; publish name

in newspaper ........................................ No action in 1994

SB 120--Judges; attorneys serving part-time without

conflict of interest...............................'..... No action in 1994

SB 121--Firearms; unlawful possession; persons under

influence alcohol/drugs

No action in 1994

SB 122--Juvenile Law Enforcement Records; disclosure to

school personnel

No action in 1994

SB 123--Driver's License; mandatory suspension; certain

habitual violators .................................... No action in 1994

SB 124--Highways; commuters; state employees; car-pools,

flex-time plans ....................................... No action in 1994

SB 127--English; designate as official language in public

records, documents ..................... 33, 36, 138, 160, 167, 169, 957, 983

SB 128--Alcoholic Beverages; open containers; possession

by passengers

No action in 1994

SB 131--Voter Registration; additional places; PSD license

examine offices .................................................. 33, 36

2314

JOURNAL OF THE SENATE

SB 132--Juveniles; students committing felony crimes;

courts notify schools ............................... No action in 1994

SB 134--Minority Participation in State Contracts;

procurement process ............................... No action in 1994

SB 135--Asbestos Removal or Disposal; employee training;

certification ....................................... No action in 1994

SB 136--State Flag; change appearance, description;

state-wide referendum ................... .......... No action in 1994

SB 138--Fees; license plates; special; repeal additional

registration fees.................................... No action in 1994

SB 140--School Organizations; raffles, casino gambling;

license to operate .................................. . No action in 1994

SB 141--Motor Fuel; compressed natural gas; excise taxes;

measure by gallon.................................. No action in 1994

SB 143--Home Inspectors; require furnish specific

information in writing ..............................

133, 566

SB 144--Vernonburg, Town of; adopt Georgia Municipal

Election Code ..................................... ............... 240

SB 147--Jekyll Island-State Park Authority; services; limit

fee increases ....................................... . No action in 1994

SB 148--Paternity; Actions; evidence; genetic tests

results; child support cases.......................... . No action in 1994

SB 149--Documents, Forms; racial data; multiracial

classification choice ................................ ........... 350, 455

SB 150--Delinquent Children; probation condition; serve in

boot camp program ................................ No action in 1994

SB 155--Sandy Springs, City of; incorporation; charter;

boundaries; powers ................................. No action in 1994

SB 157--Credit Repair Services; regulation of advertising;

practices .......................................... . No action in 1994

SB 158--Tax Assessors; county boards; members; term of

office ............................................. No action in 1994

SB 159--State Employees; transacting business with mental

health agencies .................................... No action in 1994

SB 160--Elections; primaries; voting for candidate of any

political party ..................................... No action in 1994

SB 161--Medical, Dental, Long-term Care; individual medical

trust accounts ..................................... ............. 33, 36

SB 163--DUI; chemical test for blood alcohol; arresting

officer duties ...................................... ............ 93, 161

SB 164--Public Assistance; illegal aliens ineligible; acute

medical care ....................................... No action in 1994

SB 166--Enterprise Zones; ad valorem tax exemption upon

referendum approval

No action in 1994

SB 168--Driver's License; minors; suspension; failure

attend school or job training program;

remediation programs ........................ 33, 36, 947, 1040, 1054, 1057

SB 169--Personal Care Homes; restraints, isolation of

residents restricted ................................. No action in 1994

SB 170--Temporomandibular Joint Disfunction, TMJ; health

insurance coverage .................................

350, 358, 373

SB 174--Divorce Cases; eliminate jury trials; court shall

render judgment

No action in 1994

SB 176--Workers' Compensation; exclusion; self-insured

small employers.................................... No action in 1994

SB 180--Clayton County; State Court; judges; salaries;

change compensation

1531, 1942

INDEX

2315

SB 185--Clayton County; State Court; solicitor; salary;

change compensation ............................... .......... 1531, 1942

SB 186--State Flag Design Commission; creation; public

hearings; membership .............................. No action in 1994

SB 187--Motor Vehicle Insurers; first party medical

benefits not subrogated ............................. No action in 1994

SB 188--Appropriations; continuation budget; analysis of

agency programs ................................... No action in 1994

SB 190--Roofing Contractors; regulate; create new licensing

division ........................................... No action in 1994

SB 193--Jury Lists; sources for selection of persons;

driver's licenses, vehicle registrations,

registered voters ................................... . No action in 1994

SB 194--Residential Subdivisions, Condo Developments;

ownership of amenities ............................. No action in 1994

SB 198--Driver's License; minors; revocation; failure

attend school or academic deficiencies

No action in 1994

SB 199--Optometrists; use of pharmaceutical agents;

treatment of glaucoma; prohibit use nondiagnostic

lasers ......................................... 68, 77, 100, 102, 311, 462

SB 203--General Assembly; prefiling proposed bills,

resolutions; procedures

No action in 1994

SB 204--QBE; funding guidance counselors in primary, upper

elementary grades .................................. No action in 1994

SB 205--QBE; local fair share funds; replace with state

sales tax increase .................................. No action in 1994

SB 207--State Contracts; minority business participation;

bid opportunities .................................. No action in 1994

SB 208--Welfare Recipients; private health insurance

coverage; pilot program ............................. No action in 1994

SB 209--Ad Valorem; mobile homes; moving without required

decals; penalties ................................... .No action in 1994

SB 211--Employees of Juvenile Detention Systems; retirement

membership ....................................... No action in 1994

SB 212--Fulton County; State Court; additional judge;

increase number to nine ............................ ............ 526, 536

SB 213--Highways; emergency call boxes in isolated

areas.............................................. No action in 1994

SB 215--Elections; Violations; duties of attorney general

and elections board

No action in 1994

SB 216--Kindergarten and First Grade Classes; reduce

maximum class size ................................ No action in 1994

SB 223--Bad Checks; progress payments; labor, services;

shipped merchandise

No action in 1994

SB 224--Trade Secrets; offense of theft; expand definition;

penalties .......................................... No action in 1994

SB 226--Georgia Reform Insurance Plan (GRIP); authorize

establishment...................................... No action in 1994

SB 228--Alcohol Related Crimes; additional funds for public

safety purposes .................................... No action in 1994

SB 229--Evidence; expert witnesses; certain state agencies;

no compensation ................................... No action in 1994

SB 232--Superior Court; Stone Mountain Judicial Circuit;

tenth judgeship .................................... No action in 1994

SB 233--Ad Valorem; property value; fair market; existing

use; timber ........................................ No action in 1994

SB 235--Workers' Compensation; benefits; forfeiture;

2316

JOURNAL OF THE SENATE

injuries caused primarily by intoxication or drug use;

testing policies................................... .No action in 1994

SB 236--Health Care Providers; self-referral schemes;

prohibited activities ..............................

No action in 1994

SB 237--Controlled Substances Act; forfeitures; informant

reward payments.................................

No action in 1994

SB 239--Sheriffs; employees; civil service; deputies;

counties over 400,000 .............................

No action in 1994

SB 241--Dispensing Dangerous Drugs to Emergency Medical

Services Providers................................

No action in 1994

SB 242--Disabled Veterans; free license plates, decals;

honorary driver's license for spouses

.......... 1270, 1293

SB 243--Hunting, Fishing; honorary licenses; use of

crossbows as weapons ............................

No action in 1994

SB 245--Driver Training Vehicles; in-car trainees, eyesight

tests, license exemption; required equipment

.......... 1338, 1459

SB 246--Sex Education; public schools; AIDS prevention

instruction; content ..............................

No action in 1994

SB 248--State Flag; change design to original flag;

state-wide referendum ............................

No action in 1994

SB 250--Public Service Commission; reorganization; create

independent Utility Finance Section; powers; duties;

personnel qualifications ...........................

No action in 1994

SB 251--Georgia Defined Contribution Plan; voluntary

membership; withdrawal ..........................

No action in 1994

SB 253--Judges; Superior Court; retirement; spousal

benefits; rejected coverage ........................ 111, 139, 160, 169, 526

SB 255--Employees' Retirement System; service credit; WW

II military service .................................. No action in 1994

SB 257--Hospitals Providing Only Emergency Services in

County; certificate of need exemption; project restoring

previous bed capacity .............................. No action in 1994

SB 259--Walton County; Board of Education; election

districts; change composition ........................ No action in 1994

SB 260--Georgia Privatization Review Act; create

commission; provide powers ......................... No action in 1994

SB 261--Conasauga Judicial Circuit; superior court; fourth

judgeship.......................................... No action in 1994

SB 262--Hazardous Waste or Pollutant Facilities; permits;

public hearings .................................... No action in 1994

SB 264--Insurers; administrative supervision; authority of

commissioner ...................................... No action in 1994

SB 266--Ad Valorem; county appraisal staff; exempt

commercial licensure

No action in 1994

SB 267--Workers' Compensation; employee compensable

injuries; medical exams

No action in 1994

SB 268--Child Support; amounts recovered by DHR; payment

of court costs ...................................... No action in 1994

SB 270--Probation Terms, Conditions; confinement, county

detention facility

No action in 1994

SB 272--Saltwater Recreational Fishing and Charter Boat

Fishing; licenses

No action in 1994

SB 274--Sex Education, AIDS Prevention Course Materials;

parental rights ..................................... No action in 1994

SB 276--Water Treatment; waste-water; sludge disposal,

storage facilities

No action in 1994

INDEX

2317

SB 280--Insurance; brokers and solicitors; clarify certain

references ............................................ No action in 1994

SB 281--Health Care; referrals; physicians; financial

interest restrictions.................................... No action in 1994

SB 282--Tax Commissioners, Collectors; salaries; increase

minimum amount

No action in 1994

SB 286--Cobb County; Board of Commissioners; vacancies;

qualifying other elected position ........................ No action in 1994

SB 287--Private Security Guards; arrest powers on certain

property ............................................. No action in 1994

SB 288--Carjacking; Anti-motor Vehicle Hijacking Act of

1994; felony penalty ................................... 157, 192, 261, 263

SB 289--Yard Trimmings; restrict disposal in landfills;

soil composting use ................................. 33, 36

SB 290--Teachers and Other School Personnel; employment

contracts ............................................. No action in 1994

SB 291--Minority Business Enterprise Development; redefine

eligible persons ....................................... No action in 1994

SB 292--Sex Education; curriculum, classes; parental

review; public hearings ................................ No action in 1994

SB 293--Treatment of Mental Disorders; health insurance

coverage ............................................. No action in 1994

SB 296--Ad Valorem; property tax assessments; appeals;

hearings; trials ........................................ No action in 1994

SB 299--Public Housing Projects; contracts; tenant

management organizations ............................. 618, 640, 719, 722

SB 300--Workers' Compensation; injured workers; medical

test procedures ....................................... No action in 1994

SB 301--Alcoholic Beverages; sales near church, school or

treatment centers ................................................ 33, 36

SB 302--Emergency 911 Telephone System Funds; allocation

and use of moneys .................................... No action in 1994

SB 303--Firemen's Pension Fund; prior eligible service

credit; requirements ................................... No action in 1994

SB 305--Dentists and Dental Hygienists; licensure; new

board to regulate ..................................... No action in 1994

SB 307--DUI Offenders; license revocation; reinstatement

conditions ............................................ No action in 1994

SB 308--Nonpublic Postsecondary Education Commission;

change organization of................................. No action in 1994

SB 309--Ticket Agents; amusement, entertainment admission;

service charges

No action in 1994

SB 310--Workers' Compensation; premium discounts for

drug-free work programs............................... No action in 1994

SB 311--Handicapped and Impaired Veterans Housing Access Act............ 33, 37

SB 312--Nurses; psychiatric/mental health clinical

specialists; evaluations ............................................. 1427

SB 313--Loans or Advance of Money; interest, fees; maximum

rate allowed ..................................................... 33, 37

SB 314--Alcoholic Beverages; sales on Sunday; authority of

municipalities................................................ 1429, 1890

SB 317--Limousine Carriers; registration; permits;

insurance; chauffeur permits ........................ 854, 1682, 1683, 1686

SB 318--Patient's Medical Records; charges for copying; cap

on fees.......................................................... 33, 37

SB 320--Sexual Offenses; public indecency; sadomasochistic

abuse, torture

No action in 1994

2318

JOURNAL OF THE SENATE

SB 321--Atlanta, City of; Council and President; conflict

of business interests; disclosure......................... No action in 1994

SB 322--Fulton County; Office of County Manager; creation;

appointment; qualifications ............................ No action in 1994

SB 323--Atlanta, City of; Public Schools; implement student

uniform dress code .................................... No action in 1994

SB 324--Atlanta, City of; Public Schools; implement

staggered start and dismissal times ..................... No action in 1994

SB 326--Insurance; coverage; certain types of anti-cancer

drugs; conditions ...................................... No action in 1994

SB 328--Georgia Transportation Authority; creation;

authorized projects .................................... No action in 1994

SB 330--Home Inspectors; regulate scope of practice; create

licensing board ....................................... No action in 1994

SB 331--Indigent Patients; hospital emergency care;

standards; cost of care................................. No action in 1994

SB 332--Pharmacy, State Board; repeal rule relating to

patient counseling

No action in 1994

SB 334--Hospitals, Alternative Rural Community; licensing;

acute care status ...................................... No action in 1994

SB 336--Jekyll Island; restrict development; 65% land area;

survey; maps ......................................... No action in 1994

SB 337--Jekyll Island-State Park Authority; additional

member; leases ....................................... No action in 1994

SB 340--Abandoned or Derelict Vehicles; disposition;

cancellation of title............................................... 33, 37

SB 341--Alternative High School Programs Regardless of Age;

diploma credit ........................................ No action in 1994

SB 344--Candidates for U.S. Senate and House of

Representatives; limit terms............................ No action in 1994

SB 345--Clinical Laboratories; forms for ordering tests;

billing practices ....................................... No action in 1994

SB 348--Firearms; authority to carry; Attorney General

staff persons; Superior Court clerks ..................... No action in 1994

SB 349--District Attorneys; retirees; private practice;

repeal prohibition ..................................... No action in 1994

SB 350--Sodomy, Offense of; exclude sexual behavior among

consenting adults ..................................... No action in 1994

SB 356--Court Reporters; certification; permit holders;

fitness to practice; disciplinary actions; taking

of depositions......................................... No action in 1994

SB 357--License Plates; special; issuance; retired military

reservists ............................................. No action in 1994

SB 360--Firearms Protection for Minors Act; unsafe storage

of loaded guns causing death or injury; penalties; statewide

referendum

No action in 1994

SB 361--Senatorial Districts No. 21, 32, 42, 53 and 54;

change composition ................................... No action in 1994

SB 362--Franklin County; Board of Commissioners; chairman;

annual salary ......................................... No action in 1994

SB 363--Franklin County; Probate Court; judge; annual

salary ................................................ No action in 1994

SB 364--Franklin County; Superior Court; clerk; annual

salary ................................................ No action in 1994

SB 365--Franklin County; Tax Commissioner; annual

salary ................................................ No action in 1994

INDEX

2319

SB 366--Juvenile Probation Services; Richmond County;

transfer state system .................................. No action in 1994

SB 367--License Plates; special; retired veterans of U.S.

armed forces. ......................................... No action in 1994

SB 368--State Defense Force; functions; emergency

management operations ................................ No action in 1994

SB 370--County Commissioners, Chairpersons; nonpartisan

primaries, elections.................................... No action in 1994

SB 376--Family Court Division Within Each Superior Court;

creation

No action in 1994

SB 377--Lake Lanier Islands Development Authority;

Membership, Transfer Credit; State Employees'

Retirement System ............................... 618, 640, 683, 690, 1269

SB 378--Judges, District Attorneys; secretaries; retirement

service credit ......................................... No action in 1994

SB 380--Counties; governing authorities; members; minimum

annual salaries........................................ No action in 1994

SB 381--Biomedical Waste Disposal Facilities; restrict

construction permits

No action in 1994

SB 384--Hall County; ad valorem; school taxes; exempt

certain residents ...................................... No action in 1994

SB 386--Macon Water Authority-Employee's Pension Plan;

change provisions ....................................... 77, 99, 114, 709

SB 387--Powder Springs, City of; Tax Commissioner; ex

officio sheriff; tax executions ........................... No action in 1994

SB 393--Magistrate Courts; Civil Proceedings; judgments;

deferred partial payments............................................ 25

SB 394--Ad Valorem; homestead exemption for elderly;

state-wide referendum ................... 25, 353, 381, 491, 512, 1697, 2092

SB 395--Public Schools; student disciplinary problems;

procedure to correct........... 25, 380, 487, 538, 544, 1910, 2041, 2193, 2200

SB 396--Public Schools; classrooms; require a period of

quiet reflection ......................... 48, 532, 563, 719, 720, 1338, 1409,

1535, 1554, 1700, 1833, 2169, 2180, 2265, 2269, 2302

SB 397--Paternity Proceedings; evidence establishing

nonpaternity; damages............................................... 48

SB 398--Malpractice Actions; affidavit accompanying charge;

failure to file ....................................................... 48

SB 399--Sex Crimes; predatory, violent, habitual sex

offenders; registration .............................. 48, 760, 797, 862, 877

SB 400--Automobile Registration; transfer fees; certain

older persons exempt................................................ 48

SB 401--Handicapped Parking Privileges; veterans awarded

the Purple Heart

49, 157, 192, 261, 267, 432, 491, 512, 568, 605

SB 402--Driver's License; applicants sign pledge

acknowledging DUI penalty ......................... 49, 761, 797, 908, 924

SB 403--DUI Violators; minimum mandatory sentences;

vehicle forfeiture .................................................... 49

SB 404--DUI Resulting in Vehicular Homicide; where

bailable; jail detention ............................................... 49

SB 405--Richmond County; school taxes; exempt elderly

residents; referendum.......................................... 49, 77, 79

SB 406--DUI Violators; teenage drivers; driver's license

suspended one year ................................ 49, 282, 317, 361, 372

SB 407--LEARNFARE Program for Teenage Recipients of Public

Assistance .......................................................... 50

2320

JOURNAL OF THE SENATE

SB 408--Airports; mismanagement; Ga. Airport Development

Authority takeover .................................................. 50

SB 409--Peace Officers; arrest powers; employees of county

probation systems .................................. 50, 138, 157, 195, 242

SB 410--Civil Cases; SLAPP Lawsuits to redress grievances

in public issues ..................................................... 50

SB 411--Child Support Recovery; noncomplying professional

business licensees .................................. 50, 138, 157, 195, 242

SB 412--Silent Witness Bill; evidence; use of photos,

videotapes, audio records ........................... 50, 191, 259, 286, 287

SB 413--Insurance; licensing; exclude certain salaried,

clerical employees .................................. 50, 111, 139, 160, 171

SB 414--Persons Credentialed by ACOG for Services to

Athletes; limited purpose license exemption; consent for

medical care ................................ 51, 67, 77, 100, 104, 613, 723

SB 415--Georgia International and Maritime Trade Center;

Publicly Financed Convention and Trade Center in

Chatham County

...... 51, 99, 111, 141, 789, 830

SB 416--Driver's License; replacement; name or address

change; exempt fee ...................... 51, 138, 157, 195, 246, 1429, 2119

SB 417--DUI; drunk drivers; eliminate nolo contendere plea;

limited permits .................................. 51, 77, 99, 114, 127, 128

SB 418--DUI; driver's license suspension; 1st offense; prior

arrests; criminal penalties; limited permits; minors; testing

machines; legal notices ............. 51, 191, 259, 286, 287, 2040, 2065, 2074

SB 419--DUI; minors; .02 blood-alcohol; nolo contendere

plea unacceptable

........ 51, 77, 99, 114, 129

SB 420--DUI; traffic conviction records; transmit copy to

insurance company ................................. 52, 138, 157, 195, 247

SB 421--DUI; person's charged; jury trial waived;

disposition of case ................................... 52, 77, 99, 114, 129

SB 422--DUI; prosecution; prohibit dismiss charges, plea

to a lesser offense ................................................... 52

SB 423--Driver's License; points assessed; DUI charges;

nolo contendere plea ................................................ 52

SB 424--American Heritage Education Act; prohibit content

based censorship .................................................... 62

SB 425--Utility Contractors; licensing; certification of

managers, foremen ................................. 62, 111, 139, 160, 173

SB 426--Persons Ineligible for Public Office; defaulter for

legal taxes.......................................................... 62

SB 427--Budget Units; new programs; evaluate involving

private entities .................................... 62, 794, 859, 957, 963

SB 428--Casual Sales of Vehicles; sales taxes collected;

claims for refund ................................................... 63

SB 429--Violent Crimes; convicted offenders; serve %'s

prison term imposed

63

SB 430--Lottery Corporation; advertisement of games;

disclose winning odds ............................................... 63

SB 431--Campaign Contributions; maximum allowed; from

outside of district ................................................... 63

SB 432--Hazardous Waste Management Activities and Substance

Reporting; fees

63, 715, 762, 804, 833, 1428, 1681

SB 433--Minors; petition to change name; when parent

consent not required ............................... 63, 316, 354, 431, 461

SB 434--Professional Counseling; licensing requirements;

exceptions .............................. 63, 618, 640, 683, 687, 1337, 1905

INDEX

2321

SB 435--QBE; local fair share funds; grants; calculation;

alternative method .................................................. 64

SB 436--QBE; local fair share funds; calculation; psychology

services ................................. 64, 1072, 1136, 1177, 1189, 1910,

2080, 2185, 2186, 2264, 2283, 2284

SB 437--Lottery for Education; purposes; services to

disabled persons .......................... 64, 1034, 1073, 1138, 1177, 1178

SB 438--Selection of Jurors; qualifications; U.S.

citizenship................................. 64, 996, 1037, 1089, 1116, 1871

SB 439--Recreational Noncash Bingo Games Operated by

Nonprofit Organizations ....................... 64, 139, 157, 195, 248, 1427

SB 440--School Safety and Juvenile Justice Reform Act;

enact

64, 191, 259, 286, 292, 309, 1428, 1574, 1594, 1702

SB 441--Sentence Reform Act of 1994; punishment for a

serious violent felony ................ 65, 191, 259, 286, 319, 333, 1698, 1726

SB 442--Child-placing Agencies; adoptive, foster parents;

criminal records check; payments for certain preparatory

programs ............................... 65, 316, 354, 431, 461, 1337, 1961

SB 443--Mental Health Patients; transportation services;

use of restraints ............................... 65, 191, 259, 286, 319, 334

SB 444--General Assembly; jointly sponsored bills,

resolutions; procedures ................................. 65, 619, 640, 683

SB 445--Certificate of Title; exemption; certain older

model vehicles ...................................................... 65

SB 446--Pronouncement of Death; persons authorized to make

determination...................................... 65, 353, 381, 491, 515

SB 447--School Buses; equipment on new buses; seat safety

belts required....................................................... 65

SB 448--Boat Safety; misdemeanor offenses; probate court

jurisdiction .................................... 66, 191, 259, 286, 319, 336

SB 449--Inmates Sentenced as County Inmates; award of

good-time allowances .......... 66, 259, 283, 319, 346, 1748, 1846, 1905, 1955

SB 450--Superior Court; Conasauga Judicial Circuit; fourth

judgeship. .......................................................... 66

SB 451--Banks, Bank Holding Companies; interstate,

reciprocal banking ....................... 66, 98, 111, 141, 142, 1876, 2120

SB 452--Lottery Proceeds; shortfall reserve subaccount;

deposit of funds .............................. 73, 316, 354, 431, 463, 1269

SB 453--Lottery for Education; purposes; computer training

for teachers ........................................................ 74

SB 454--Public School Employees; retirees; health

insurance; premiums .......................... 74, 157, 192, 261, 267, 2304

SB 455--Superior Court Clerks Training Council; membership;

quorum ....................................... 74, 191, 259, 286, 319, 337

SB 456--Superior Courts; contracts to market records,

computer data .......................... 74, 761, 797, 862, 869, 1337, 2079

SB 457--State Agencies; proposed rule, regulation; transmit

General Assembly ....................... 74, 139, 157, 195, 250, 1337, 1967

SB 458--Sheriffs; qualifications; peace officer training

requirements ....................................................... 74

SB 459--DUI Chemical Test for Blood-Alcohol; duty of

arresting officer ..................................................... 74

SB 460--Street Gang Terrorism; listing of crimes; include

offense of rape ................................... 75, 946, 997, 1040, 1050

SB 461--Juveniles; delinquency hearings; felony acts;

records; notify school............................... 75, 282, 317, 361, 374

2322

JOURNAL OF THE SENATE

SB 462--Handicapped Parking; appointed monitors; unlawful

practices against .............................. 75, 157, 192, 261, 268, 2305

SB 463--Auto Emission Inspection; display of stickers;

delete requirements ................................ 75, 138, 157, 195, 250

SB 464--Work for Welfare Program; establish; participation

requirements ................... 75, 282, 317, 361, 431, 432, 448, 1865, 1925

SB 465--Family Violence; protective restraining orders;

temporary; permanent .............................. 75, 316, 354, 431, 464

SB 466--Family Violence; alleged abusers; conditions for

bail or release ..................................... 75, 316, 354, 431, 465

SB 467--Family Violence; filing petitions seeking relief;

time for hearings................................... 76, 316, 354, 431, 468

SB 468--Child Abuse Investigations; suspected abuser;

criminal records check.............................. 76, 486, 533, 567, 581

SB 469--DFACs; county boards; appointment of members;

vacancies; terms .......................... 76, 714, 762, 804, 847, 850, 862,

863, 1428, 1465, 1700, 1734, 1778, 2052, 2186

SB 470--Child Abuse; suspected cases; removal of child;

custody actions ..................................................... 76

SB 471--Smoking in Child Care, Day-Care Facilities

Prohibited; penalty................................. 93, 139, 157, 195, 252

SB 472--Ad Valorem; homestead exemption; filing date;

ineligible assessors .................. 94, 191, 259, 286, 319, 338, 1428, 1966

SB 473--Boards of Education; members; medical, dental

insurance coverage ................................. 94, 532, 563, 622, 623

SB 474--Firearms; unlawful possession; trigger activator

firing devices ...................................... 94, 487, 533, 567, 607

SB 475--DUI Conviction; mandatory sentences; vehicle

forfeiture; counseling ................................................ 94

SB 476--Residential Rentals; prospective tenant's

application fees; refunds ............................................. 94

SB 477--Firearms Protection for Minors Act; offense of

criminal storage..................................................... 94

SB 478--Carjacking, Offense of; felony penalties................................ 95

SB 479--Drive-by Shooting, Offense of; discharging

firearms; penalties................................................... 95

SB 480--Child Support; financial assistance to age 22 to

complete education.................................................. 95

SB 481--Residential Rental Property; management companies;

business office ...................................................... 95

SB 482--Landlord Dispossessory Proceeding Against Tenant

With Minor Child................................................... 95

SB 483--Felony Offenders; 3rd conviction; no pardon, parole

or work release ..................................................... 95

SB 484--Textbooks, Library Books; lost or damaged;

replacement policies . : .............................. 95, 532, 563, 622, 628

SB 485--Property; insurers; FAIR Plan and underwriting

association; extend

,96, 157, 192, 261, 269

SB 486--Superior Courts; appeals or transferred actions;

disposition; fees .................................... 96, 561, 619, 644, 654

SB 487--Speed Restriction Zones; street or highway

construction; work sites............................. 96, 259, 283, 319, 347

SB 488--State Flag; change design and description

96

SB 489--Controlled Substances, Narcotic Drugs; repeat

offenders; penalties.................................................. 96

SB 490--Insurance; Disability Income; group policies;

preexisting conditions .............................. 96, 157, 192, 261, 269

INDEX

2323

SB 491--Carjacking, Offense of; felony penalties................................ 96

SB 492--Child Abuse Cases; coordination of agencies;

establishment of judicial circuit protocol and committees

97, 139,

157, 195, 261, 262, 361,

431, 460, 461, 622, 644, 647, 2265

SB 493--Child Abuse and Neglect Prevention; Children's

Trust Fund Commission; extend -to year 2000; source of funds;

disbursements

97, 317, 354, 431, 470, 623, 644, 650, 1796, 1973

SB 494--Crimes Against Children; family violence; law

enforcement training ........................... 97, 533, 563, 622, 644, 648

SB 495--Building Codes; handicap access; implement state

accessibility codes .................................................. 108

SB 496--Municipal Elections; polling places; number within

each precinct ...................................................... 108

SB 497--Municipal Elections; voting precincts; boundaries;

official maps ...................................... 108, 532, 563, 683, 697

SB 498--Municipal Court Probation Systems; collection of

delinquent fines................................... 109, 560, 619, 683, 690

SB 499--Conditioned Air Contractors or Licensed Plumbers;

bond requirements ................................ 109, 761, 797, 862, 880

SB 500--Counties; purchasing agents; eliminate certain

powers; Fulton County ........................... 109, 619, 640, 682, 1233

SB 501--Workers' Compensation; ineligible employees;

illegal aliens ....................................................... 109

SB 502--Pawnbrokers Selling Firearms; unsafe or improper

storage; penalty ............................... 109, 191, 259, 286, 319, 339

SB 503--State Board Professional Engineers, Land Surveyors;

legal assistant ..................................................... 109

SB 504--Motor Vehicle; liability; vehicles for hire

transporting passengers ............................ 110, 486, 533, 567, 586

SB 505--Taxicabs; liability insurance; self-insurers;

financial requirements

110, 486, 533, 567, 586, 2264, 2280

SB 506--Ad Valorem; property conservation use covenants,

table of values, charitable transfers; delinquent taxes, amnesty

program............................... 110, 353, 381, 491, 516, 1697, 1741

SB 507--Driver's License; expiration and renewal; minors;

convicted felons................................... 133, 678, 716, 765, 772

SB 508--Official American Indian Tribe; Southern Band of

Cherokee and Creeks ............................................... 133

SB 509--Medicaid; applicants, recipients, providers;

contested cases .................................................... 133

SB 510--Firearms, Weapons; possession on school property;

seizure; felony .................................. 133, 904, 948, 1001, 1006

SB 511--Regional or Community Service Boards; powers;

functions; membership; (personnel; contracts with county boards of

health ........................... 134, 532, 563, 683, 688, 1337, 1671, 1677

SB 512--Psychologists; licensure; requirements; exceptions;

ethics code

134, 353, 381, 491, 520, 1269

SB 513--Scholarships, Grants, Loans; student eligibility;

uniform grading. ............................... 134, 995, 1037, 1089, 1107

SB 514--Liens on Vehicles; invalid security interests;

rental transactions

134, 317, 354, 431, 470

SB 515--Advanced Placement/AP Test Fees; payment for

private school students ............................ 134, 380, 487, 538, 545

SB 516--Chatham County; Board of Tax Assessors; abolition

of joint city-county board

134, 354, 356, 634

2324

JOURNAL OF THE SENATE

SB 517--Tattoo Artists; permit requirements; unlawful

tattoo minor under 18 ........................ 135, 561, 619, 644, 663, 1533

SB 518--Vehicle Licensing, Registration, Titling;

modernize; electronic format; redefine resident for license

purposes .............................. 135, 317, 354, 431, 471, 1701, 2165

SB 519--Chiropractors; licensure; qualifications; standards

of practice. ........................................................ 151

SB 520--DUI Resulting in Vehicular Homicide; increase

imprisonment penalty .............................................. 152

SB 521--Handicapped Services; create state Office of

Sensory Affairs

152, 283, 317, 361, 431, 448, 1910,

2123, 2244, 2251, 2266, 2289, 2298

SB 522--Prescription Drugs; anticompetitive price controls

prohibited ......................................................... 152

SB 523--Tuition Equalization Grants; redefine qualified

proprietary schools ................................................. 152

SB 524--Cobb County; State Court; designate solicitor

general, assistant solicitor .............................. 152, 715, 717, 987

SB 525--Georgia Music Hall of Fame Authority; powers;

nonprofit subsidiary

152, 316, 354, 431, 471, 1336

SB 526--Teachers, Principals, Personnel; contracts;

criminal record checks

152, 995, 1037, 1089, 1105, 1532, 1694

SB 527--Game Fish; definitions; possession limits; lures;

bait; trout waters ................................. 153, 354, 381, 491, 521

SB 528--License Plates; special; free; National Guard or

reservist retirees .................................. 153, 677, 716, 765, 775

SB 529--QBE; instructional, operational costs; remove

spending requirement

153, 946, 997, 1040, 1043

SB 530--Smoke Detectors; installation requirements for all

dwelling units

153, 564, 716, 762, 804, 823, 1796, 1922

SB 531--Teachers; duty-free lunch period grades K through

12 .............................................................. 153

SB 532--Public Schools; classrooms; silent reflection or

meditation period .................................................. 153

SB 533--Fire Safety Standards; local construction codes

subject to review .................................. 185, 561, 619, 719, 724

SB 534--Ad Valorem; tax executions; delinquent taxpayers;

recording ..................................... 185, 795, 796, 859, 957, 969

SB 535--Juveniles Allegedly Committing Felonious Crimes;

release conditions

185, 562, 619, 683, 685

SB 536--Innkeepers; contracts; guest rooms; assigned time

period; liability

185, 316, 354, 431, 472, 1531, 1683

SB 537--Depositories for Public Funds; county moneys,

school district moneys

186, 713, 762, 804, 833, 1871

SB 538--Guardians of Minors; appointment; bonds; legal

actions

186, 760, 797, 862, 872

SB 539--Telephone Operator Services; caller access to live

operator............................... 186, 618, 640, 683, 684, 1796, 2077

SB 540--Contests; beauty pageants conducted for profit;

bonding requirements ........ 186, 560, 619, 644, 658, 1924, 1984, 2192, 2197

SB 541--Fraud; businesses issuing personal ID cards

containing inaccuracies

186, 678, 716, 765

SB 542--Glynn County; State Court; judge; change

compensation

186, 283, 285, 852

SB 543--Sales Tax; special; county road projects; proceeds

in excess of cost

186, 533, 563, 622, 626

INDEX

2325

SB 544--Superior Court; Conasauga Judicial Circuit; fourth

judgeship....................................... 187, 904, 948, 1040, 1047

SB 545--Drug Tests; refusal; positive results; forfeit

workers' compensation.............................................. 187

SB 546--Liens for Property Improvements; Notice of

Commencement requirements .................. 187, 283, 317, 361, 431, 450

SB 547--License Plates; special; commanders of certain veterans'

organizations; commemorating service in U.S. armed forces;

disabled persons ...... ................ 187, 677, 716, 765, 776, 1652, 2055

SB 548--Family Attention Homes; placement of youth in state

custody; assessment .......................... 187, 562, 619, 644, 666, 1269

SB 549--DUI; open container of alcohol in vehicle; driver

subject BAC tests ................................. 187, 561, 619, 683, 703

SB 550--Conyers; city council; composition;

referendum ................................. 188, 283, 285, 990, 1350, 1429

SB 551--Sheriffs; requirements; peace officer training;

failure to complete ..................... 188, 317, 354, 431, 473, 1797, 1938

SB 552--Medicaid; residents of long-term care; personal

needs allowance

255, 996, 1037, 1089, 1089

SB 553--Senate, House of Representatives; certain

districts; new description ............... 256, 715, 762, 804, 823, 1338, 1471

SB 554--Teachers; employment contracts; refusal to alter

student's grades.................... 256, 532, 563, 622, 629, 678, 1532, 1902

SB 555--Child Support; paternity determination; hospitals;

test results; income; deduction orders; family

violence acts........... 256, 678, 716, 765, 768, 1704, 1916, 1921, 1922, 1931

SB 556--Solicitation of Minor to Commit Felony or

Delinquent Act; penalty ........................... 256, 487, 533, 567, 588

SB 557--Sexual Offenses; victims under age of 16 years;

change definition......................... 256, 561, 619, 644, 655, 657, 904

SB 558--Unruly Child May be Detained; school students

habitually disobedient ............................. 256, 760, 797, 862, 870

SB 559--Juveniles Convicted of a Felony Crime; presentence

investigations ..................................... 256, 760, 797, 862, 876

SB 560--Juveniles at Risk; community based, multiagency

intervention program ................ 257, 761, 797, 862, 864, 866, 869, 1871

SB 561--Revenue Shortfall Reserve; midyear adjustment;

education purposes ................................ 257, 794, 859, 908, 910

SB 562--Open Container of Alcohol in Vehicle; driver

subject BAC testing ................................................ 257

SB 563--Tip-Off to Nursing Home of Unannounced Inspection;

civil penalty ...................................... 257, 716, 762, 804, 829

SB 564--Insurance Premium Taxes; proceeds distribution

formula; revised data

257, 486, 533, 567, 589, 1270, 1934

SB 565--Patient Referrals; provider investment interest;

applicable services

277, 532, 563, 622, 625, 1698, 1969

SB 566--Telecommunications Competition, Consumer

Protection, Economic Development; new regulatory

framework including deregulation

278

SB 567--Telemarketing; commercial offers and sales;

fraudulent activities ..................... 278, 763, 794, 859, 957, 965, 1871

SB 568--Firearms; lawful possession; certain probation

personnel ........................................ 278, 560, 619, 644, 645

SB 569--World Congress Center; expand projects;

discontinued projects; gifts

278, 532, 563, 644, 653, 1533

SB 570--Federal Community Development Block Grant Funds;

additional purposes

278, 619, 640, 683, 689, 1924, 2170

2326

JOURNAL OF THE SENATE

SB 571--Llama Activity Sponsors or Professionals; liability

for injuries ....................................... 278, 759, 797, 863, 889

SB 572--Savannah River; boundary dispute between Georgia

and South Carolina .................... 279, 561, 619, 644, 665, 1531, 2154

SB 573--Insurance; Life; group policies; allow conversion

to term life policy................................. 312, 486, 533, 567, 590

SB 574--DUI Violations; nolo contendere plea; order to

attend certain course; proof of compliance; accident information;

signals to stop .................................... 312, 487, 533, 567, 590,

1699, 1852, 1905, 1966, 2186, 2187, 2244

SB 575--Electrolysis; hair removal; regulate under

cosmetology laws................................................... 312

SB 576--Marijuana; unlawful possession of one ounce or

less; prosecution .................................. 312, 796, 859, 908, 920

SB 577--Kindergarten or First Grade; request for enrollment

at age 5 ........................................................... 313

SB 578--Insurers; motor vehicle; cancellation of coverage;

notice procedures .................................................. 313

SB 579--Motor Vehicles, Motorcycles; driving without proof

of insurance ...................................... 313, 486, 533, 567, 591

SB 580--Patients; order to withhold cardiopulmonary

resuscitation; procedure................. 313, 795, 859, 908, 926, 1428, 1963

SB 581--Appeals; grounds for dismissal; nonpayment of costs

in trial court ................................. 313, 795, 796, 859, 908, 917

SB 582--Charitable Solicitations; define term; provide

information to donors ............................. 313, 760, 797, 863, 882

SB 583--Fire Departments; volunteer firemen; required

attendance at drills ............................... 314, 618, 640, 683, 704

SB 584--Cobb County; Community Improvement Districts; ad

valorem tax levy; notifying collecting governing bodies . 314, 381, 383, 2304

SB 585--Gwinnett County; Recorder's Court; jurisdiction;

trials; judge's qualifications ...................... 314, 381, 383, 1270, 2123

SB 586--Glynn County; Coroner; nonpartisan nomination and

election ............................ 351, 487, 489

SB 587--Glynn County Board of Elections and Registration;

recreate .......................................... 351, 487, 489, 490, 852

SB 588--Murray County; Family Circle Authority; create to

address problems of children ................................ 351, 487, 489

SB 589--Georgia Black History Month; designate month of

February ....

351, 532, 563, 683, 686

SB 590--School Choice; private school tuition grants;

Parent Freedom Act................................................ 351

SB 591--Housing Affordability Impact Notes; legislation

explanatory note .............................. 351, 1072, 1136, 1177, 1185

SB 592--Hunting, Fishing; disabled persons; honorary

license; legal weapons

351, 532, 563, 622, 624, 1270, 1296

SB 593--Lottery Proceeds; appropriations requests; list in

budget report..................................... 377, 794, 859, 956, 957

SB 594--Lottery Proceeds; net proceeds; transfers,

disbursements; reports

378, 794, 859, 908, 916

SB 595--Lottery Proceeds; budget report; additional

information required .............................. 378, 794, 859, 956, 958

SB 596--Lottery Gaming Products or Services; vendors;

competitive bids ................................................... 378

SB 597--Pierce County; Ad Valorem Taxes; homestead

exemption; elderly residents

480, 562, 564, 1703

INDEX

2327

SB 598--Pierce County; Board of Education; nonpartisan

nomination and election .................................... 480, 562, 564

SB 599--Pierce County; Board of Education; election

districts; change description

480, 562, 564, 1703

SB 600--Pierce County; Board of Commissioners; election

districts; change description

481, 562, 565

SB 601--Boats; safety devices; operation restrictions; minors;

towing limits; time period; intoxicated persons; crime of

reckless operation

481, 714, 762, 956, 960, 963, 1001, 1002, 1531, 1931

SB 602--State Depositories; collateral; securities pledged;

valuation

481, 713, 762, 804, 827, 1269

SB 603--Mental Health; Regional or Community Service

Boards; powers; functions; contracts ................................. 481

SB 604--DeKalb County; Recorder's Court; traffic violatons;

assessment of fines ................................ 481, 641, 715, 717, 988

SB 605--Marriage; legal covenant marriage; creation of; No

Divorce Marriage .................................................. 481

SB 606--Clean Water Week; designate; observe third week in

October ..................................... 482, 532, 563, 622, 624, 1533

SB 607--Local Legislation; introduction; notice of

intention requirements

482, 679, 716, 765, 773

SB 608--Land-disturbing Activities; erosion control;

minimum requirements 482, 715, 762, 1089, 1109, 1116, 1698, 1860, 2040

SB 609--Criminal Proceedings; husband and wife; certain

compellable evidence ............................ 526, 904, 948, 1001, 1005

SB 610--Housing Authorities; contracts for services;

preference to residents ............................................. 556

SB 611--Charitable Sales Promotion or Solicitation; law

enforcement entities............................... 556, 760, 797, 863, 885

SB 612--Tax Executions; excess funds from tax sales;

unclaimed; disposition .............................................. 556

SB 613--Processing Drivers' Records for Insurance;

electronic transmittal.............................. 557, 678, 716, 765, 775

SB 614--Offense of Endangering a Child by Driving DUI;

felony penalty ..................................................... 557

SB 615--Superior Court; Alcovy Judicial Circuit; third

judgeship.......................................................... 557

SB 616--Clayton County Airport Authority;

creation

557, 1072, 1074, 1076, 1087, 1088, 1748, 1943, 1954

SB 617--Clayton County; State Court; deposits for advance

costs, fees ............................................ 557, 640, 642, 988

SB 618--Indian Tribes, Land; creation of public housing

authorities; powers

557, 795, 859, 908, 923, 1640,

1734, 1865, 1977, 2192, 2220, 2223

SB 619--Federal Grants; service to state agencies; tracking

data base

558, 794, 859, 957, 971

SB 620--Heard County; Sheriff; change

compensation ......................................... 558, 640, 642, 852

SB 621--Heard County; Probate Court; judge; change

compensation ......................................... 558, 640, 642, 852

SB 622--Heard County; Tax Commissioner; change

compensation ......................................... 558, 640, 642, 852

SB 623--Heard County; Superior Court; clerk; change

compensation ......................................... 558, 640, 642, 852

SB 624--Airport Development Authority; acquisition of

public property .................................................... 613

2328

JOURNAL OF THE SENATE

SB 625--Patient Freedom of Choice to Select Physician Under

Insurance Plans ............................................ 614, 795, 859

SB 626--Petroleum Pipelines; siting; moratorium on eminent

domain rights; committee to study environmental impact

on land .......................... 614, 678, 716, 765, 771, 1129, 1149, 1154

SB 627--Health Planning Review Board; reconstitute members;

revise functions ........................ 614, 795, 859, 908, 909, 1684, 2097

SB 628--Gwinnett County; ad valorem taxes; $10,000

exemption; referendum ....................... 636, 761, 763, 764, 765, 1269

SB 629--Student Records; parents right to inspect and

review information

636, 946, 997, 1040, 1049, 1652,

1847, 2251, 2266, 2288, 2297, 2303

SB 630--Bail Bonds; approval of bondsperson as surety;

posting property bond

... 636, 761, 797, 862, 876, 1810, 2126

SB 631--Public Schools; daily recitation; Pledge of

Allegiance to U.S. flag ............................... ..... 636

SB 632--AIDS Transmitting Crimes; juvenile offenders; HIV

testing; victims ........................... 637

SB 633--Canon, City of; reincorporate by enactment of new

charter .............................................. 637, 996, 998, 2303

SB 634--Dalton, City of; Ad Valorem; taxes for city

purposes; homestead exemption; referendum ............ 637, 715, 717, 1870

SB 635--Dalton, City of; Ad Valorem; taxes for education;

homestead exemption; referendum ..................... 637, 715, 718, 1871

SB 636--Murray County; Board of Commissioners; authority;

family support centers ...................................... 637, 715, 718

SB 637--Civil Actions; frivolous lawsuits; fees; motion to

recover....................................... 673, 1035, 1073, 1138, 1158

SB 638--Fulton County; Board of Education; vacancies;

unexpired terms; procedure to fill .................. 673, 947, 949, 951, 956

SB 639--Elections; voter registration system; precincts;

candidacy notice ................................................... 673

SB 640--Chatham County Community Improvement District Act;

enact ........................................ 673, 1172, 1174, 1748, 2128

SB 641--Chatham County Recreation Authority; creation;

Georgia International and Maritime Trade Center Authority Act;

enact ........................ 674, 1277, 1279, 1280, 1288, 1876, 2128, 2140

SB 642--Professional Counselors; licensing; change

requirements ....................... 674, 996, 1037, 1089, 1094, 1925, 1935

SB 643--Cobb County; Board of Commissioners; election

districts 2, 4; change description..................... 674, 1036, 1038, 1427

SB 644--Professional Standards Commission; functions;

certificated personnel

674, 714, 762, 804, 826

SB 645--O.C.G.A.; obsolete, uncodified laws based

population classification .................. 674, 1037, 1073, 1138, 1138, 1427

SB 646--Privacy for Consumers and Workers Act; electronic

monitoring ........................................................ 674

SB 647--Educational Programs; migrant students; grant funds

for schools ....................................... 675, 714, 762, 804, 825

SB 648--Georgia Family Caregiver Support Act;

enact .............................. 709, 997, 1037, 1089, 1097, 2265, 2273

SB 649--Local Government; Tort Actions; limited waiver of

sovereign immunity ...................................... 709, 1036, 1073

SB 650--Small Employer Health Coverage Availability Act..................... 709

SB 651--Remedies for Residents of Personal Care Homes Act;

enact .............................. 709, 997, 1037, 1089, 1098, 1748, 1911

INDEX

2329

SB 652--Commercial, Industrial Property Sales;

environmental site assessment....................................... 710

SB 653--Fulton County; Planning Commission; repeal 1978 Act

providing 7-member commission ....................... 710, 905, 906, 1533

SB 654--Glynn County; ad valorem taxes; exempt certain

residents ............................................ 710, 797, 798, 1162

SB 655--Chatham County; Board of Commissioners; election

districts; change composition

710, 797, 799, 1832, 2140, 2147

SB 656--Savannah/Chatham County Board of Education;

election districts ........................... 710, 797, 799, 1833, 2147, 2154

SB 657--Campaign Financing; contributions; substantially

revise provisions 710, 1035, 1073, 1138, 1159, 1161, 1872, 1892, 1909, 2199

SB 658--Excise Tax Levy; use of proceeds; restrict use for

certain purpose .................................................... 711

SB 659--Ad Valorem; tax receivers; duties; certification

of tax digests ................................. 755, 1035, 1073, 1138, 1157

SB 660--Dangerous Drugs to be Kept in Original Container;

remove requirement ................................................ 755

SB 661--Local Government Unfunded Mandate Procedures

Act .......................................... 755, 1072, 1136, 1177, 1180

SB 662--Charter Schools; measuring outcome based academic

objectives ......................................................... 756

SB 663--Cobb County; Teachers, School Bus Drivers; payroll

deduction; professional dues

756

SB 664--Cobb County-Marietta Water Authority; membership;

city government...................................... 756, 859, 861, 1336

SB 665--Marietta, City of; City Council; membership;

composition; mayor pro tern .......................... 756, 859, 861, 1336

SB 666--Powder Springs, City of; Corporate Limits; city

manager; collection of delinquent taxes ................ 756, 859, 861, 1336

SB 667--Marietta, City of; Board of Lights and Waterworks;

officers; manager; utility functions

756, 859, 861, 1703

SB 668--Counties, Municipalities; land transactions located

adjoining county; maintenance of official

documents ........................ 789, 1037, 1073, 1138, 1155, 1748, 2050

SB 669--Building and Construction Codes; compliance;

conditioned air contractors, plumbers,

propane dealers .................... 790, 1036, 1073, 1138, 1156, 2169, 2195

SB 670--Insurers; surplus line brokers; placement with

certain groups ..................................................... 790

SB 671--Fire Department Reimbursement Act; service fees;

liability of owners ............................... 790, 903, 948, 1001, 1004

SB 672--Adoption; male child; name change; cessation of

family surname .................................................... 790

SB 673--Health Care Providers; cooperative agreements;

public advantage ............................... 790, 996, 1037, 1089, 1100

SB 674--DUI; drivers under age 21; .02 grams of alcohol;

license suspension ............................... 790, 946, 997, 1040, 1041

SB 675--Glynn County; Board of Commissioners; election

districts; change composition .......................... 854, 947, 949, 1163

SB 676--Superior Court Clerks' Cooperative Authority;

appointed members .................. 854, 946, 997, 1040, 1048, 1699, 1888

SB 677--Ellijay-Gilmer County Water and Sewerage Authority;

compensation ........................................ 854, 947, 949, 1127

SB 678--Appling County; ad valorem taxes; exempt certain

elderly residents ........................................... 854, 947, 949

2330

JOURNAL OF THE SENATE

SB 679--Alpharetta, City of; Municipal Court; jurisdiction;

appeals; judge; solicitor, assistants ..................... 855, 947, 949, 1533

SB 680--Elections; eliminate majority vote except in

run-off or tie; eliminate straight political party voting except

presidential electors

855, 1035, 1073, 1138, 1139, 1144, 1532, 1686, 1694

SB 681--Home Study Programs; grandparents; authority to

teach grandchildren ................................................ 855

SB 682--Forsyth County; ad valorem; increase exemption to

$5,000; referendum ................................... 855, 947, 950, 2304

SB 683--Bacon County; ad valorem; exempt senior citizens;

referendum ................................................ 855, 947, 950

SB 684--Brantley County; ad valorem; exempt senior

citizens; referendum ........................................ 855, 947, 950

SB 685--Ad Valorem; payments by state in lieu of taxes for

municipal service .................................................. 855

SB 686--Visitation Between Grandparent and Child; mediated

disputes; factors ................................................... 856

SB 687--Mclntosh County; Board of Commissioners; members;

4-year terms; referendum ................................... 899, 996, 999

SB 688--Dove Hunting; unlawful enticement by baiting

fields; penalties ................. 899, 947, 997, 1040, 1041, 1042, 1063, 1124

SB 689--Special Education Programs for Disabled Children;

licensed persons ................................................... 899

SB 690--School Health Student Services; comprehensive plans

and authority...................................................... 900

SB 691--Glynn County; Magistrate Court; chief magistrate;

partisan election; 4-year term ......................... 900, 996, 999, 1233

SB 692--Charlton County; Board of Commissioners; election

districts; change description

900, 996, 999, 1336

SB 693--Charlton County; Board of Education; election

districts; change description ........................... 900, 996, 999, 1336

SB 694--Corporate Finance; insurance, banks, trust

companies; stock issuance .................. 900, 996, 1037, 1089, 1091, 1533

SB 695--Workers' Compensation; assignment of rejected

risks; managed care ................................................ 941

SB 696--Fair Business Practices; application of payment to

revolving account

942, 995, 1037, 1089, 1098, 1427

SB 697--Stalking, Offenses of; enact new provisions;

Anti-stalking Act................................ ................. 942

SB 698--Hazardous Waste Sites; corrective action; public

debt to fund............................. 942, 1036, 1038, 1073, 1138, 1155

SB 699--Wayne County; ad valorem; exempt certain senior

citizens; referendum

942, 1036, 1038

SB 700--Glynn County; ad valorem; exempt certain senior

citizens; referendum

942, 1036, 1038

SB 701--Crime-free Schools; students arrested drugs or

violence; suspension ............................................ 990

SB 702--Troup County; State Court; judge; full-time

position; compensation; personnel

990, 1072, 1074, 1336

SB 703--Morrow; city ad valorem taxes; grant $8,000

exemption; referendum ............................. 990, 1072, 1075, 1703

SB 704--Genetic Sciences; testing; individual privacy;

restrict disclosure ............................. 990, 1035, 1073, 1138, 1145

SB 705--Appling County; Magistrate Court; chief magistrate;

nonpartisan election; referendum ............... 991, 1072, 1075, 1875, 2175

SB 706--Appling County; Board of Education; members;

nonpartisan election; referendum ............... 991, 1072, 1075, 1875, 2176

INDEX

2331

SB 707--Appling County; Probate Court; judge; nonpartisan

election; referendum........................... 991, 1072, 1075, 1876, 2177

SB 708--Muscogee County; State Court; judges; change

compensation ...................................... 991, 1072, 1075, 1269

SB 709--Georgia Collegiate Free Speech Act .................................. 991

SB 710--Lottery Proceeds; programs started; use of general

funds restricted

1028, 1072, 1136, 1177, 1187, 1698, 1845, 2264

SB 711--Lottery Proceeds; scholarship funds; reserves to

meet deficiencies ........................ 1028, 1072, 1136, 1177, 1188, 2304

SB 712--Sexual Harassment in Work Place; right of action

procedures; signs .................................................. 1028

SB 713--Pierce County; State Court; judge, solicitor;

change compensation .............................. 1029, 1135, 1137, 1533

SB 714--Health Manpower Shortage areas; rural physicians;

income tax credit ................................................. 1029

SB 715--Lottery Proceeds; use for special education

pre-kindergarten .................................................. 1130

SB 716--Atlanta, City of; Employees; confidential

disclosure of fraud, waste, abuse; procedure ............... 1130, 1277, 1279

SB 717--Long-term Care; conditioning of eligibility;

preexisting conditions ............................................. 1130

SB 718--Contractors; licensing; journeyman conditioned air

contractors ....................................................... 1131

SB 719--Fireworks and Explosives; permits to display;

change provisions ................................................. 1131

SB 720--Wayne County; Board of Education; compensation;

expense reimbursement ............................ 1131, 1277, 1280, 2303

SB 721--Forsyth County; Board of Commissioners; vacancies;

change method of filling

1131, 1236, 1238, 1871

SB 722--School Crossing Guards; traffic safety; duty of

county to provide ................................................. 1166

SB 723--Whitfield County; Board of Education; election

districts; change composition

1233, 1342, 1345, 2304

SB 724--Whitfield County; Board of Commissioners; election

districts; change composition

1233, 1342, 1345, 2304

SB 725--Whitfield County; juvenile intake, probation;

transfer state system .................................... 1233, 1342, 1345

SB 726--Talbot County; Sheriff; employment of deputies;

compensation ................................ 1273, 1434, 1436, 1445, 1871

SB 727--Gwinnett County; Board of Education; election

districts; change composition ....................... 1273, 1538, 1540, 2303

SB 728--Gwinnett County; Board of Commissioners; election

districts; change composition

1273, 1434, 1436, 1445, 2303

SB 729--Villa Rica, City of; mayor and council; two-year

terms of office .................................... 1273, 1434, 1436, 1445

SB 730--Cobb County; Sheriff; chief deputy, investigator,

executive assistant; salaries

1338, 1538, 1541, 2303

SB 731--Cobb County; Tax Commissioner, Chief Clerk,

Executive Secretary; compensation.................. 1338, 1538, 1541, 2303

SB 732--Cobb County; Juvenile Court; judges; change

compensation ..................................... 1339, 1538, 1541, 2304

SB 733--Houston County; Board of Education;

reconstitute ...................................... 1339, 1538, 1541, 2304

SB 734--DeKalb County; Merit System; employee reports of

fraud, waste, abuse; regulate

1430

2332

JOURNAL OF THE SENATE

SENATE RESOLUTIONS

SR

5--Amend Constitution; public officers; limitation of

terms of office ...................................... No action in 1994

SR

6--Amend Constitution; requirements to increase taxes,

fees, assessments .................................... No action in 1994

SR

9--State Employees; Work Force; downsizing goals;

phased-in attrition plan

No action in 1994

SR 17--Amend Constitution; General Assembly members; limit

terms of office ...................................... No action in 1994

SR 20--Midtown; Neighborhood Day at State Capitol;

proclaim ....................'....................... No action in 1994

SR 27--Amend Constitution; appropriations bills; authority

of Governor to reduce in whole or in part

No action in 1994

SR 37--Joint Committee on State and Local Bonded

Indebtedness ....................................... No action in 1994

SR 38--Atlanta, City of; Board of Education; urge employ

security guards in high schools ....................... No action in 1994

SR 59--Urge Action to Curb Unfunded Federal Mandates

Imposed Upon States................................ No action in 1994

SR 63--Amend Constitution; appropriations; supplementary

Acts not authorized ................................. No action in 1994

SR 65--Amend Constitution; bills for raising revenue;

approval requirements ............................... No action in 1994

SR 66--Privatization of Certain Governmental Services,

Joint Study Committee ............................ No action in 1994

SR 90--Amend Constitution; General Assembly and Lt.

Governor; term limits ............................... No action in 1994

SR 91--Amend Constitution; mandatory education funds;

exclude lottery proceeds

. No action in 1994

SR 92--Amend Constitution; ad valorem property assessment;

limit increases ...................................... No action in 1994

SR 93--Automobile Repair Shops; commission to study

certification, licensing .............................. No action in 1994

SR 94--Amend Constitution; bills raising revenue; approval

requirements ...................................... No action in 1994

SR 96--African American Business Enterprise Day;

recognizing ........................................ No action in 1994

SR 99--Amend Constitution; restrict powers of Pardons and

Parole Board

No action in 1994

SR 107--Amend Constitution; holding of raffles by nonprofit

organizations

.............. 1271

SR 108--Senate; Standing Committees; limit term of

chairman; amend Rules

No action in 1994

SR 120--Property Conveyance; deed to Goodwill Industries

of Coastal Empire

No action in 1994

SR 134--Amend Constitution; continuation of lottery;

resubmission to voters .............................. No action in 1994

SR 136--Lead-based Paint and Dust Poisoning; hazards to

children; study of .................................. No action in 1994

SR 140--Amend Constitution; public officers; limitation of

terms of office ..................................... No action in 1994

SR 141--Amend Constitution; divorce actions; when court

render judgment ................................... No action in 1994

INDEX

2333

SR 143--Jazz; designate as official state music during

month of February .................................... No action in 1994

SR 146--State Contracts; disparity in participation by

minorities; study of ................................... No action in 1994

SR 148--Amend Constitution; state expenditure limitations;

reserve fund .......................................... No action in 1994

SR 151--Amend Constitution; provide for public initiative

petition process ....................................... No action in 1994

SR 173--Air Pollution; global warming; urging state energy

conservation .......................................... No action in 1994

SR 183--QBE; program formula components, weights; urge task

force to review........................................ No action in 1994

SR 187--Amend Constitution; regulation of nude or other

sexual conduct........................................ No action in 1994

SR 189--Academic Olympic Challenge; urge in public

schools .......................................................... 33, 37

SR 192--Courts; level of funding by counties; method to

settle disputes ........................................ No action in 1994

SR 195--Congress; urge preserve ban on homosexuals serving

in armed forces .................................................. 33, 37

SR 203--Amend Constitution; tax sharing; economic

development facilities

1652, 1680, 1701, 1746, 1863, 2124, 2199

SR 206--Amend Constitution; ad valorem; separate class for

enterprise zones....................................... No action in 1994

SR 207--Property Conveyance; Cobb County; County Farm Road

easement............................................. No action in 1994

SR 210--John Marshall Law School; 60th Anniversary;

congratulating ........................................ No action in 1994

SR 213--Johnson, Leroy R.; Placement of portrait in State

Capitol...................................................... 1433, 1434

SR 214--HIV Infected Persons; immigration policy

restricting entry; endorse .............................. No action in 1994

SR 228--Designate; General Ron Griffith Highway on S.R. 136

at LaFayette ......................................... No action in 1994

SR 248--Designate; Clark Harrison State Office Building in

Decatur .............................................. No action in 1994

SR 251--Designate; Lt. Harold Durham Medal of Honor

Highway; Tift County

No action in 1994

SR 259--Wildlife Protection Study Committee

No action in 1994

SR 290--General Assembly; Session Meetings; urge

alternative 4-day week schedule

No action in 1994

SR 304--Bobby Joe Whitworth Probation Center; urge rename

Hart County Center

No action in 1994

SR 319--Board of Public Safety; urge review career concerns

of personnel

No action in 1994

SR 330--Emus Birds; commercial production and farming; urge

feasibility study

No action in 1994

SR 332--Employer Child Care Issues; committee to study

options, problems

No action in 1994

SR 333--Economic Development Investment Incentives;

committee to study ................................... No action in 1994

SR 336--Migrant and Seasonal Farm Workers; access to health

care; study of......................................... No action in 1994

SR 371--Senate Rules; adopt for 1994 ......................................... 24

SR 372--Senate Convened; notify House of Representatives

25

SR 373--School Choice; joint committee to study private

school tuition grants

52

2334

JOURNAL OF THE SENATE

SR 374--Biomedical Technology; committee to study economic

opportunities ...................................... 52, 761, 797, 862, 882

SR 375--Sentences of Imprisonment for Life Without Parole;

restrict powers of Pardons and Parole Board; amend Constitution ....... 26

SR 376--Designate; Clarence R. Vaughn, Jr. Freeway on

Interstate Highway 20 .......................... 52, 192, 259, 286, 319, 340

SR 377--AARP Day at the Capitol on February 10;

declaring ....................................................... 54, 580

SR 378--Limbaugh, Rush, Radio Talk Show Host;

honoring ........................................................... 52

SR 379--Parker, Bill of Union County; commend........................... 54, 193

SR 380--Parker, Frances Louise; 1994 Miss S.C. USA;

commend........................................................ 28, 78

SR 381--Kolin, Marvin of DeKalb County for Heroic Actions;

commend. .......................................................... 54

SR 382--Motor Fuel Taxes; additional purposes; rapid

transit systems and railroad passenger services

53

SR 383--State Mandated Programs Necessitating Additional

Local Revenue Expenditure Prohibited; amend Constitution

53

SR 384--State Taxes, Fees, Charges or Assessments Imposed

by General Assembly; vote required; amend Constitution

53

SR 385--Local Taxing Jurisdictions; use of certificates of

participation....................................... 53, 618, 640, 683, 698

SR 386--Designate; Ward Edwards Bridge on State Route 96

over Flint River ......................... 53, 192, 259, 286, 319, 340, 1532

SR 387--Study Committee for Reorganization of the

Department of Education ......................... 66, 947, 997, 1040, 1052

SR 388--Study Committee on Core Knowledge for

Education ....................................... 66, 947, 997, 1040, 1042

SR 389--Local School Board Empowerment Study Committee ................... 66

SR 390--Amend Constitution; State Board of Education;

election by General Assembly; State School Superintendent

appointed by board ................................................. 67

SR 391--Commission on Minority Health Improvement ........ 67, 761, 797, 863, 886

SR 392--Spouses Living Separately; maintenance actions;

venue rules ...................................... 67, 904, 948, 1001, 1003

SR 393--Dunwoody High School Football Team, 1993 AAAA

Championship; commend ........................................ 69, 149

SR 394--Isakson, Edwin A.; expressing sympathy at passing ..................... 69

SR 395--Violent Felony Offenses; mandatory service of

sentence; persons previously convicted sentenced life without

parole.............................. 67, 191, 259, 286, 319, 341, 1532, 1763

SR 396--Pilot Club of Cedar Valley; recognizing ............................... 69

SR 397--Lawyers for Justice Project; volunteer indigent

defense; commend............................................... 78, 284

SR 398--Thomas County Central High School Football Team;

commend....................................................... 78, 381

SR 399--Adams, Raymond "Bodie"; commend.

79

SR 400--Ward, Charlie, Florida State University

Quarterback; commend .............................................. 79

SR 401--Singletary, Raymond C., Jr. of Early County;

commend........................................................... 79

SR 402--Levatte, Cynthia, FHA/HERO National Officer;

recognizing ..................................................... 79, 765

SR 403--Thomas, Clarence; 106th Associate Justice U.S.

Supreme Court; honoring

100

INDEX

2335

SR 404--Federal Unfunded Mandates; request Congressional

Delegation meeting .................................................. 97

SR 405--Adult Violent Felons; 3rd serious conviction; life

without parole ...................................................... 97

SR 406--Barriers to Affordable Housing Study

Committee ........................................ 97, 796, 859, 908, 917

SR 407--Housing Renovated for Low-Income Persons; ad

valorem tax exemption ............................. 97, 157, 192, 261, 271

SR 408--Vaughan, Honorable Jack of 34th House District;

recognizing ........................................................ 100

SR 409--Family Legal Issues; designated family courts;

commission to study ............................... 98, 382, 562, 619, 644

SR 410--Rockdale County School System 100th Anniversary;

recognizing ........................................................ 100

SR 411--Parris, Jason; National 4-H Champion; commend

100

SR 412--Greene-Taliaferro Tigers Football Team; commend

112, 149

SR 413--State Funds; education appropriations; require 50

percent annually .................................. 110, 794, 859, 956, 959

SR 414--General Assembly Members; four-term limitation;

amend Constitution ................................................ 135

SR 415--Georgia Council on Aging; recognizing

112, 500

SR 416--Shearouse, Michelle; National 4-H Champion; commend ............... 112

SR 417--National 4-H Winners from Georgia, Observance of

4-H Day at Capitol

112, 309

SR 418--Lucas, Patrick, National 4-H Champion; commend

113

SR 419--Randolph, Matthew; National 4-H Champion; commend ............... 113

SR 420--Stevenson, Autumn; National 4-H Champion; commend ............... 113

SR 421--Stewart, Katherine; National 4-H Champion; commend

113

SR 422--Kinser, Heidi; National 4-H Champion; commend ..................... 113

SR 423--Watson, Cory; National 4-H Champion; commend ..................... 113

SR 424--Vickers, Maria; National 4-H Champion; commend .................... 113

SR 425--Parris, Jason; National 4-H Champion; commend

113

SR 426--Cotton Museum; designate official state museum in

Dooly County................................ 135, 316, 354, 431, 474, 1271

SR 427--Schools With Academic Deficiencies; 50% of students

not passing graduation exam; state takeover management from

local school boards

135

SR 428--Scott, Dr. Julius S.; President of Paine College; recognize

140

SR 429--Judges; state, superior and appellate; vacancies

filled by appointment subject Senate confirmation; amend

Constitution ....................................................... 135

SR 430--Senate; Amend Rules; favorably reported bills,

resolutions; placement on Rules Calendar

135

SR 431--Barnes, Robert Drew; Eagle Scout; commend

140

SR 432--Burchett, Ryan; Eagle Scout; commend

140

SR 433--King, David; Eagle Scout; commend

.140

SR 434--Owens, Camron; Eagle Scout; commend

140

SR 435--Benasuly, Mathew; Eagle Scout; commend............................ 140

SR 436--Coty, Danny; Eagle Scout; commend

140

SR 437--Baranco, Gregory; National Civic Oration Contest Winner;

commend...................................................... 140, 998

SR 438--Mitchell, Darrion; Transit Bus Operators' Roadeo Winner;

commend..................................................... 140, 1198

SR 439--Georgia National Guard Day; declaring February 3, 1994

140, 336

SR 440--GPTV Public Television; demanding programming for

family viewing ..................................................... 140

2336

JOURNAL OF THE SENATE

SR 441--1994 Georgia Arts Commemorative Painting; commend

artist Gerry Bosch ................................................. 140

SR 442--Goddard, Ed McCoy; expressing regrets at passing .................... 158

SR 443--Evans High School; commend .158

SR 444--Prescription Drugs; recommend coverage in health

care benefit plans ............................. 154, 354, 381, 491, 538, 539

SR 445--Pardons and Parole Board; abolish; grant powers to

Superior Courts .................................................... 154

SR 446--Abney, George M.; Distinguished UGA Professor;

commend ..................................................... 158, 159

SR 447--Gilmer Garden Club and Ms. Betty Lee; Georgia

Wildflower Project

158, 583

SR 448--Ellijay Apple Marketing Association; commend ................... 158, 583

SR 449--Merritt, Laura; Miss Cobb County; commend

159

SR 450--Motorcycle Awareness and You Month in May; recognizing ............ 159

SR 451--Winn, Frank M.; 100th Birthday; recognizing ......................... 159

SR 452--Lithia Springs, City of; Re-establishment of Town; congratulate ........ 159

SR 453--Designate; T. P. Ramsey Bridge; Murray

County...................................... 188, 533, 563, 622, 629, 1271

SR 454--Reeves, Dan; New York Giants Head Football Coach; commend

193

SR 455--Camellia Festival Month in Georgia; proclaim

February ......................................... 188, 316, 354, 431, 475

SR 456--State Commission on Judicial Compensation;

creation; amend Constitution

188, 1035, 1073, 1138, 1148

SR 457--Bentley, George W. Ill; honoring

.193

SR 458--Shaw, Jo Ann; commend

193

SR 459--Shirley, JoAnne; honoring........................................... 193

SR 460--Woodward Academy Lady Eagles Volleyball Team;

commend...................................................... 193, 309

SR 461--Senior Days at State Capitol, Feb. 8-10;

establishing

257, 562, 619, 644, 667

SR 462--Property Conveyance; Fulton County; land sale,

lease, exchange with Norfolk Southern Railroad

258, 353, 381, 491,

538, 540, 1704

SR 463--Mclntosh, Tattnall, Gwinnett, Glynn and Banks

Counties; easements for telecommunication, utility

facilities................................ 258, 353, 381, 491, 538, 540, 1704

SR 464--Long-Term Care Patients; protection from abuse;

review of statutes ............................... 258, 947, 997, 1040, 1058

SR 465--Battered Women, Georgia Council on; commend

284

SR 466--Engineers Day in Georgia; declare Feb. 8 ............................. 284

SR 467--Fulton, Walker, Miller, Dawson, Baldwin, Bibb,

Dougherty Counties; gas, sewer, water, electrical, telephone utility

lines; grant easements .............. 279, 353, 381, 491, 538, 541, 1701, 1955

SR 468--Georgia Peach Festival in Peach County; commend

284, 500

SR 469--Whitfield County; railroad right-of-way; ConAgra

Poultry Co. lease

279, 380, 487, 538, 547, 1337

SR 470--Property Conveyance; Chattooga County; Department

of Defense......................... 279, 353, 381, 491, 538, 542, 1698, 1922

SR 471--Lieutenant Governor; Pierre Howard; birthday congratulations

318

SR 472--Georgia Citizens for the Arts; commend

284

SR 473--Auto Emissions; centralized testing sites; urge EPA

delay program .................................... 314, 533, 563, 623, 630

SR 474--Scottish Borders Enterprise; recognizing

318, 696

SR 475--Firelighters' Recognition Day; recognizing ............................ 318

SR 476--Silver-Haired Legislature; commend ................................. 318

SR 477--Holyfield, Evander; Heavyweight Boxing Champion; commend 318, 1074

INDEX

2337

SR 478--Porter, Ruth Terrell; 100th Birthday congratulations

355

SR 479--Propst, Chancellor H. Dean; commend .......................... 355, 1098

SR 480--Paralympic Games, Athletes, Medal Winners; recognizing

355, 641

SR 481--Walker, J. B. and his Cheap Whiskey Band; commend

355

SR 482--Senate; Amend Rules; decorum; use of cellular

telephones prohibited....................................... 352, 619, 621

SR 483--Southwest Georgia Academy Warriers; commend ...................... 355

SR 484--Blanton, Vallye, 1994 Teacher of Year; commend

355, 538

SR 485--Rhodes Memorial Hall, Atlanta; committee to study

ownership, use ......................... 378, 796, 859, 908, 911, 1429, 1969

SR 486--Agricultural Crop Protection Chemicals; urge

address disposal issues............................. 378, 759, 797, 863, 884

SR 487--Whittenburger, Nancy; East Coweta High School

Chorus; recognize .............................................. 382, 500

SR 488--East Coweta High School Chorus; recognizing

382, 500

SR 489--Health Care for Rural and Underserved Georgians Day;

recognizing ........................................................ 488

SR 490--Truly, Admiral Richard H.; recognizing

488, 580

SR 491--Pruitt, John; commend

488, 916

SR 492--Cole, Dr. Marvin M.; commend

534

SR 493--Martin, Kara; commend ........................................ 534, 721

SR 494--Senate; Amend Rules; Standing Committees; number

of members; change listing ...

527, 619, 621

SR 495--Enterprise Zones; classification of property; amend

Constitution ....................................................... 558

SR 496--Gray, Lloyd H. recognizing.......................................... 620

SR 497--Bremen Church of Christ Elders; recognizing

620

SR 498--Dallas New Era Newspaper, 112th Anniversary; recognizing

620

SR 499--Proposed Airport Site in Gwinnett County; urge DOT

withdraw plans ................................... 614, 796, 859, 908, 920

SR 500--Property Conveyance; City of Tunnel Hill; railroad

right-of-way ................................. 614, 794, 859, 908, 914, 1338

SR 501--General Assembly; Adjournment; February 11 to

February 14 ............................................... 606, 613, 633

SR 502--Designate; Garland T. Byrd Bridge over Flint River

on U.S. 19. .................................. 614, 796, 859, 908, 914, 1271

SR 503--UGA Gymnastics Team; commend

620

SR 504--Williams, Mrs. Jennie V.; 104th Birthday; commend

621

SR 505--Gregor, Kenneth M., MARTA Chief Executive Officer; commend

641

SR 506--Arts Clayton Southside Black Family Arts Festival; recognize

641

SR 507--Mitchell, Commander Glenn E. honoring

641

SR 508--Warren, Mary Evelyn, Mayor Pro Tern of Abbeville; recognize

641

SR 509--Industrial Area; removal of property; amend

Constitution

675, 946, 997, 1040, 1053

SR 510--Refugees Making Homes in Georgia; commend contributions

680

SR 511--Crecine, John Patrick; President of Georgia Tech; commend

680

SR 512--Environmental Education; joint committee to

study .......................................... 675, 947, 997, 1040, 1050

SR 513--Taylor, Sergeant Walt; Peace Officer of Year Valor Award;

commend..................................................... 680, 1094

SR 514--Wisham, Officer Carry; Peace Officer Meritorious Service Award;

commend ......................................................... 680

SR 515--Hallin, Major General William; Warner Robins Logistics Center;

commend ..................................................... 680, 722

SR 516--Designate; Martin Luther King, Jr. Boulevard; U.S.

278 to Cedartown ............................ 711, 796, 859, 908, 915, 1704

2338

JOURNAL OF THE SENATE

SR 517--Federal Taxes Imposed Before Date of Tax Enactment;

petition to call constitutional convention

to prohibit ............................... 711, 995, 1037, 1089, 1092, 1094

SR 518--Mundy, General Carl E., Jr.; commend........................... 717, 786

SR 519--Tallulah Gorge State Park Project Area; property

conveyance .................................. 756, 794, 859, 908, 919, 2305

SR 520--Colquitt County High School 50th Regiment Band;

commend...................................................... 762, 949

SR 521--Pharr Elementary Schools Chorus; commend ......................... 762

SR 522--Designate; Hardy Durham Faulk, Sr., Memorial

Bridge, Twiggs County; Walter Kelly, Jr. Bridge,

Cobb County ................. 757, 1036, 1073, 1138, 1177, 1179, 1698, 1735

SR 523--Morris, Charles Ernest, Jr.; commend ................................ 798

SR 524--Pardons and Parole Board; powers, authority; restrictions .............. 791

SR 525--Statewide 1% Sales Tax Exclusively for Education;

amend Constitution ................................................ 791

SR 526--Senate; Amend Rules; general bills, resolution;

placement after 35th day ........................................... 791

SR 527--Senate; Amend Rules; bills, resolutions held in

committees for 10 days ............................................. 791

SR 528--Buena Vista, Marion County; Entertainment Capital

of SW; recognize .................................................. .798

SR 529--Official Chicken Cookin' Championship, Southern

Foods Festival ................................ 791, 1234, 1278, 1354, 1413

SR 530--Arbor Day in Georgia, 102nd Anniversary,

recognizing ........................................................ 798

SR 531--Health Care Providers; contracts advantageous to

public but may effect competition; amend

Constitution

791, 996, 1037, 1089, 1124

SR 532--Henry County School System; commend

798

SR 533--Morgan, Jo of Valdosta; commend .798

SR 534--Kaney, Dr. Rex; commend

.798

SR 535--Agriculture Community of Georgia; recognizing

............ 860

SR 536--Amend Constitution; public officials; election;

plurality of votes.............................. 856, 1035, 1073, 1138, 1177

SR 537--Educational Technology Plan for Georgia; urge

development, review

856

SR 538--Cartersville High School Boys Cross Country Team;

commend ......................................................... 860

SR 539--Appropriations; supplementary Acts increasing

expenditures; prohibit .............................................. 900

SR 540--Bird, Claude E., Jr.; recognizing ....... ...

906

SR 541--Blount, Melvin Carnell; commend

906, 1349

SR 542--Macon Cherry Blossom Festival Organizers;

commend...................................................... 906, 998

SR 543--Alpha Kappa Alpha Sorority, Inc.;

recognizing

906

SR 544--Walraven, Sheriff Wesley C.; honoring

948, 998

SR 545--Rushing, Mrs. Nancy L'Bertie, 100th Birthday;

honoring .......................................................... 948

SR 546--State Debt; authorize to mitigate dangers of

hazardous waste sites

942, 1035, 1073, 1138, 1144

SR 547--Central State Hospital Water Treatment Facility;

conveyance of title ............ 991, 1035, 1073, 1138, 1146, 1148, 2264, 2289

SR 548--Driver's License Test Site; Richmond County;

property conveyance .......................... 991, 1035, 1073, 1138, 1154

SR 549--Johnston, Shirley; retired DHR employee; commend

998

INDEX

2339

SR 550--Municipalities; costs of services provided state

property; study of............................. 991, 1433, 1434, 1723, 1851

SR 551--Telecommunications "Superhighway" Infrastructure;

study committee ................................................... 992

SR 552--Harbin, Gil; expressing sympathy at the passing

998

SR 553--School Health Services; committee to study needs,

issues, providers ............................. 1029, 1433, 1434, 1722, 1823

SR 554--African-American Community; Urge Economic

Self-Sufficiency; Silver Rights

Manifesto ........................................ 1029, 1433, 1434, 1723

SR 555--Clayton County Association of Battered Women; commend

998

SR 556--State Agencies; mailing expenses; postage cost

reduction; study of ........................... 1029, 1433, 1434, 1722, 1814

SR 557--Health Care Reform/Managed Care Conference;

steering committee ................................................ 1029

SR 558--Public Health Nurses of Georgia; commend

1038

SR 559--Atlas; computerized version; Interactive Atlas of

Georgia; commend ................................................ 1038

SR 560--Soffer, Gaddy; commend ...................................... 1038, 1092

SR 561--Designate; Robert Lee Patten II Probation Detention

Center ........................... 1029, 1072, 1136, 1177, 1187, 1640, 2122

SR 562--Newbill, Thomas Carroll, III; recognizing

1074

SR 563--General Assembly; Adjournment; February 25 to

February 28 ............................................ 1057, 1062, 1066

SR 564--Thompson, Judge Hugh Proctor; Georgia Supreme

Court; congratulate........................................... 1074, 1148

SR 565--State Agencies; Postage Cost Reduction Study

Committee ....................................................... 1068

SR 566--Thomas, Eugene Edgar; commend

1074

SR 567--Study Committee for a Seamless Education System;

prepare workforce ............................ 1131, 1433, 1434, 1723, 1850

SR 568--Patient Care; pain management; anesthesiology,

oncology; study of............................ 1166, 1433, 1435, 1548, 1568

SR 569--Lively, Ralph Aford; commend ..................................... 1173

SR 570--Mitchell, Lawrence E.; commend

1173

SR 571--Patterson, City of; 100th Anniversary; commend

1173

SR 572--Flatt, Dr. William P.; commend ............................... 1173, 1565

SR 573--D.A.R.E., Drug Abuse Resistance Education Project;

commend......................................................... 1174

SR 574--Parsons, Coach Robert; recognizing .......................

1237

SR 575--Paulding County Rotary Club; recognizing

1237

SR 576--Turner, Charles; recognizing

1237

SR 577--Ronald E. McNair High School, Junior ROTC; recognizing

1237

SR 578--Speaks, Don; commend

1238

SR 579--State's Next Major Airport; urge locate southwest,

middle Georgia ......................................... 1234, 1277, 1343

SR 580--Smokey Bear, 50th Anniversary Influencing

Prevention of Forest Fires ..............................

1237

SR 581--Senate; Amend Rules; initiation of complaints to

Committee on Ethics; bills, resolutions laid on table on

39th day ................. 1234, 1433, 1435, 1721, 1737

SR 582--Burrell, R. J. (Dick); recognizing

1238

SR 583--Stephens, Robert B.; commend

1238

SR 584--Federal Retirees; urge refund state income taxes

paid on pensions .............. .............. 1273, 1431, 1435, 1549, 1664

SR 585--Federal Tax Structure; urge Congress prohibit

retroactive taxation

1274, 1536, 1539

2340

JOURNAL OF THE SENATE

SR 586--Columbus Technical Institute and Columbus College

Study Committee ............................ 1274, 1433, 1435, 1723, 1831

SR 587--Tankersly, Wayne; commend ....................................... 1238

SR 588--Madison-Morgan County Chamber of Commerce

Agribusiness Committee; commend ................................. 1238

SR 589--Georgia State Games Program of Sports Festivals;

commend ........................................................ 1278

SR 590--Magistrate Courts; Commend

1344

SR 591--Lewis, Captain Thomas A.; recognizing.............................. 1344

SR 592--Telephones, Independent Companies and Cooperatives; commend . . . . . 1344

SR 593--Porter, Carrie L.; EAGLE Adult Literacy Education

Award; commend ................................................. 1344

SR 594--Savannah, City of; St. Patrick's Day Parade

Committee and Grand Marshall; commend .......................... 1344

SR 595--Georgia Winners 1994; commend ................................... 1344

SR 596--Rawlings, Jennifer; All-America High School Soccer

Player; recognize .................................................. 1344

SR 597--Trawick, Stovall; regrets at passing

1344

SR 598--Ayers, Ralph; recognizing .......................................... 1344

SR 599--Paper Conservation Study Committee

1344

SR 600--General Assembly; Adjournment; March 9, reconvene

March 14; adjourn March 14, reconvene March 16 and

adjourn sine die .................................. 1417, 1430, 1702, 1866

SR 601--Tifton-Tift County Day; designating ........................... 1445, 1503

SR 602--Lovett School Wrestling Team; commend ........................... 1445

SR 603--Cortona, Italy and UGA Studies Abroad Program; commend

1445

SR 604--Wingate, Jack; commend .......................................... 1445

SR 605--Academic Recognition Day; University System

Scholars; commend ................................................ 1445

SR 606--Coleman, William W.; commend .................................... 1445

SR 607--Curtis Baptist Crusaders Basketball Class AAA

Championship; commend .......................................... 1445

SR 608--World War II Veterans; consider monument to honor

1445

SR 609--Slosheye Trail Big Pig Jig BBQ Cooking Contest;

recognizing ....................................................... 1445

SR 610--School Meals; nutrition policy; urge adoption by

local school boards ................................................ 1540

SR 611--Fuller, Zebulon W.; Eagle Scout; commend

1540

SR 612--Smith, Stephen P.; Eagle Scout; commend

1540

SR 613--Wood, Carmi U., Director of Vocational Transitions; commend

1540

SR 614--Competitive Local Telephone Service Study

Committee ....................................... 1535, 1707, 1722, 1781

SR 615--Robinson, Monna; recognizing

1540

SR 616--Thornton, Charles Antione, Eagle Scout; commend

1540

SR 617--Murray County High School State Wrestling Champion;

commend ........................................................ 1540

SR 618--Vandiver, Dr. Roy Wesley; commend

1540

SR 619--Daniel, Benny C.; commend

1708

SR 620--Buchanan, Jack P. Sr.; commend

1708

SR 621--Smith, B. J.; commend

1709

SR 622--Save Outdoor Sculpture, Georgia; commend

1709

SR 623--Tourism Revenue, Strategic Planning; recognizing

White House Conference in 1995; Georgia Tourism 2000 Program

1709

SR 624--Sechler, Conrad J.; recognizing

1709

SR 625--School Food Service Association, Georgia; commend

1709

SR 626--Insurance; National Health Care Reform Plans; urge

full disclosure..................................................... 1706

INDEX

2341

SR 627--State Vehicles; acquisition and utilization;

committee to study ............................................... 1707

SR 628--Designate; James E. (Billy) McKinney Bridge; Fulton County

1707

SR 629--Anderson, Dr. William G.; honoring

1709

SR 630--Malone, Jeff; commend

1709

SR 631--Gilead Christian Academy GCAA State Basketball

Championship; commend

1709

SR 632--Clarke Central HS Boys Basketball Team and Coach;

recognize ......................................................... 1709

SR 633--AID Atlanta Pediatric Department; commend

1873

SR 634--Bell, Eldrin, Atlanta Chief of Police; recognizing

1873

SR 635--St. John African Methodist Episcopal Church Gospel

Choir; recognize................................................... 1873

SR 636--Downtown Area Developments; business recruitment;

barriers; study of ................................................. 1872

SR 637--Lockwood, Max; recognizing

1873

SR 638--Madison, Henry Roger; condolences

1873

SR 639--Holbrook, Sergeant John E.; in memory of .......................... 1873

SR 640--Jenkins, Mayor Bartow; commend

1873

SR 641--Glower, Mayor Emmett; commend .................................. 1874

SR 642--Morgan, Bartow, III; regrets at passing

1874

SR 643--Ralston, David; birthday congratulations

1772

SR 644--Senator Arthur Langford; expressing regrets at illness

1772

SR 645--Sequoyah High School Lady Basketball Team; commend

1874

SR 646--Wheeler High School Basketball Team; commend

1874

SR 647--Ludwig, Shirley; commend ......................................... 1874

SR 648--Hammonds, Garfield; commend .................................... 1874

SR 649--Wright, Richard, Eagle Scout; commend

1874

SR 650--Lindsey, Will; Eagle Scout; commend

1874

SR 651--Cauthen, Britton, Eagle Scout; commend

1874

SR 652--Hellenic-American Chamber of Commerce of the

Southeast; commend .............................................. 1874

SR 653--Italy-America Chamber of Commerce Southern Regional

Chapter; commend ................................................ 1874

SR 654--United Family Life Insurance Company;

recognizing ....................................................... 1875

SR 655--Wilson, Elizabeth; recognizing ...................................... 1875

SR 656--Walker, Lou of Paragon Productions, Inc.; recognizing

1875

SR 657--Marist School's Basketball Team; commend

1875

SR 658--Crump, Lynn; commend ........................................... 1875

SR 659--Riverwood High School International Studies Magnet

Program; recognize ................................................ 1875

SR 660--McKoin, Charles and Jean; 50th Wedding Anniversary;

congratulate ...................................................... 1875

SR 661--Valdosta High School Basketball Team; commend

1875

SR 662--Herald-Gazette of Barnesville-Lamar County; 125th

Anniversary; recognize .................................... ........ 1875

SR 663--Northwest Whitfield High School Mock Trial Team;

commend ........................................................ 1875

SR 664--McGrew, Edith L.; commend ....................................... 2301

SR 665--Taylor, Sarah; recognizing

2301

SR 666--Olmstead, Ms. Mary; wishing speedy recovery

2301

SR 667--Munguia, Valeria; commend........................................ 2301

SR 668--Fowler, Kathy; commend

2301

2342

JOURNAL OF THE SENATE

PART II

HOUSE BILLS AND RESOLUTIONS

HB 22--Driver's License; revocation; persons deemed

incompetent; hearings ............................................ 33, 38

HB 41--State Agencies; Budgetary Responsibility Act;

legislative oversight ................................... No action in 1994

HB 68--Georgia Commission on Women; member expenses; agency

assignment ........................................... No action in 1994

HB 71--Probate Court Actions; serving minors or

incapacitated adults ...................... 33, 38, 139, 160, 173, 1272, 1679

HB 72--Judgment Liens; when property is discharged;

purchaser possession ................................ 33, 38, 139, 160, 175

HB 73--Sharecropping Agreements; future crops; landowner

secured transactions .............................................. 33, 38

HB 82--State Agencies; stationery used; printed telephone

and FAX numbers .................................... No action in 1994

HB 95--Litter Control; public trash, garbage containers;

unauthorized removal of items ......................... No action in 1994

HB 109--Appeals; criminal cases; defendant right to cross

appeal; procedure ............................... 34, 38, 561, 644, 683, 700

HB 112--Bears; permission for killing; protection of property

34, 38

HB 147--Retirees; suspension of benefits; holding office,

practicing law ................................ 311, 314, 618, 640, 720, 740

HB 158--Employees' Retirement System; service credit;

military reservists ............................. 131, 136, 259, 283, 319, 361

HB 162--Infectious Diseases; hepatitus or HIV; exposure of

arresting law enforcement officers; steps to determine

threat of transmission ................................. No action in 1994

HB 170--General Assembly; profiling proposed bills,

resolutions; procedures ................................ 34, 39, 1433, 1723,

1838, 1865, 1908, 2192, 2194, 2271, 2303

HB 171--Elections; campaign contribution disclosure

reports; late fees .................................... 34, 39, 138, 160, 175

HB 173--Emergency Disaster Areas; after-disaster price

increases prohibited ................................... No action in 1994

HB 180--Junkyards; location restrictions; visibility

screening; liens ..................................... 846, 847, 1036, 1073

HB 190--Criminal Proceedings; legal assistants; third-year

law students ........................................ 34, 39, 714, 765, 781

HB 192--Indigent Defense Council; employees; ERS retirement

membership ............................. 150, 154, 317, 354, 431, 490, 491

HB 193--Consumer Crimes Against Elderly or Disabled;

violations; penalties .............................................. 34, 39

HB 194--Psychiatric, Mental Health Professionals;

privileged communications ...

277, 279

HB 211--Inmates; custodial status changes; victim

information, notification .......................................... 34, 39

HB 230--Teachers Retirement; creditable service; absence

due to pregnancy ............................. 523, 527, 678, 716, 765, 782

INDEX

2343

HB 234--Firemen's Pension Fund; requirements; repeal

certain exemptions ................................... 34, 39, 77, 100, 105

HB 250--Indemnification of Law Enforcement and Firemen;

define line of duty

... 1026, 1029, 1171, 1236, 1723, 1839, 2306

HB 260--Employees' Retirement; creditable service;

forfeited leave .......................... 1065, 1068, 1135, 1172, 1451, 1528

HB 275--Income Tax; delinquent; levy depositor's bank

account; methods

No action in 1994

HB 282--QBE; local fair share funds; limitations on

amount

1536, 1539, 1721, 1739, 1864, 1901

HB 286--Fireworks Displays; licensees; storage of surplus,

excess fireworks ..................................... 34, 40, 111, 141, 147

HB 295--Voter Registrars, Deputies, Elections Officials;

eligibility; registration cards; elector challenges; absentee

ballots ...................................................... 34, 40, 618

HB 297--Elections; voting; handicapped access; absentee

ballots; poll officials; poll places; voter lists; school registrars .................................................... 34, 40, 618

HB 304--Public Offices; vacancies; interim appointees;

special elections.............................................. 34, 40, 618

HB 311--Revenue Agents, Enforcement Officers; retain weapon

after 25 years

................ 34, 40

HB 317--Douglasville-Douglas County Water and Sewer

Authority; appointed members; nomination and election No action in 1994

HB 321--Abandoned Motor Vehicles; lien foreclosure;

affidavit filing fee ..................................... No action in 1994

HB 323--Teachers Retirement; membership options; employees

of Department of Technical and Adult Education

1128, 1131

HB 325--Criminal Procedure; arrest of persons for felony

offense; bail .......................................... No action in 1994

HB 326--Bad Check Misdemeanor Violations; prosecution;

magistrate courts ...

755, 757, 1236, 1278, 1549, 1668, 1869

HB 328--County Boards of Equalization; appeal decisions;

additional boards ......................................... 34, 40, 68, 81

HB 337--Landlord and Tenant; dispossessory proceedings;

judgment for rent .............................. 34, 41, 561, 720, 733, 734,

1028, 1212, 1272, 1295, 2185, 2218

HB 343--Sheriffs; fees for legal counsel for actions

brought against ....................................... No action in 1994

HB 351--Officers, Officials, Employees; motor vehicle

expenses reimbursement ............................... No action in 1994

HB 361--Probate of Foreign Wills; recording in county in

which property lies .................................... No action in 1994

HB 372--School Bus Drivers; random drug testing;

disciplinary actions

853, 856, 1536, 1539, 1721, 1769, 1869

HB 376--Elections; withdrawal of nominated candidates;

affidavit; procedures ....................... 34, 41, 532, 567, 593, 596, 1275

HB 389--Labor Pools; Work-site Employers; failure to pay

temporary workers or to inform hazardous chemicals exposure;

penalties .................................... 1235, 1278, 1549, 1650, 2305

HB 391--Vehicles; ambulances, van pools, exemption as motor

common carrier; require reflectors on pulpwood, pole trailers

34, 41

HB 397--Law Enforcement Officers; complaints against;

procedural criteria .................................... No action in 1994

HB 408--Georgia Podiatry Practice Act; enact........... 34, 41, 995, 1288, 1298, 1534

2344

JOURNAL OF THE SENATE

HB 415--Suicide Assisted Deaths; prohibited acts; felony

penalty; exception ................................... 34, 41, 317, 361, 431,

450, 538, 548, 854, 926, 1028, 1116, 2076, 2192

HB 419--Public Employee Retirement Credit; periods of

temporary disability ..................... 1128, 1131, 1235, 1278, 1549, 1649

HB 437--Documentation to Register to Vote; remove certain

type of records ................................................ 132, 136

HB 446--County Board of Jury Commissioners and Clerk; per

diem compensation .......................................... 34, 41, 1432

HB 471--Liability of Motor Vehicle Insurers; claims covered

by two carriers

1126, 1132, 1235, 1278, 1548, 1629, 1864, 2075

HB 473--Liberty County; Tax Commissioner; annual salary;

abolish fee system of compensation

No action in 1994

HB 481--Cobb County; Ad Valorem Taxes; homestead exemption;

certain residents at age 70 ............................. No action in 1994

HB 482--Workers' Compensation; cancellation, nonrenewal;

notice requirements ................................... No action in 1994

HB 484--Insurance; life policies; insurable interest or

group requirements .............................................. 34, 41

HB 492--Blind Persons' Literacy Rights and Education Act;

Braille

1536, 1539, 1722, 1801, 1904, 2075, 2186, 2200, 2277, 2302

HB 495--Peace Officers' Benefit Fund; change age

requirement, service years ....................... 73, 76, 111, 139, 160, 176

HB 498--Peace Officers' Benefit Fund; membership;

corrections officers .............................. 93, 98, 111, 139, 161, 178

HB 499--Sheriffs; retirement membership; increase dues,

benefits amounts ................................ 93, 98, 111, 139, 161, 180

HB 500--Sheriffs' Retirement Fund; previous members;

renewal of membership

131, 136, 259, 283, 319, 361, 362

HB 505--Construction Codes; state minimum standards;

extensive revision; transfer functions, staff to Commissioner

of Insurance

................ 34, 42

HB 510--Medical Records; pharmacist-patient privileged

information; evidence

No action in 1994

HB 516--Water Pumping Systems; irrigation contractors;

licensure ................... 283, 317, 361, 431, 451, 455, 476, 538, 543, 544

HB 527--Unemployment Compensation; benefits; recovery of

overpayments ............................... 34, 42, 1432, 1722, 1781, 1869

HB 533--Offenses Contributing to Delinquent Acts of a

Minor; felony crimes .............................. 1217, 1224, 1538, 1539,

1721, 1760, 1865, 1888, 2039, 2074, 2290, 2302

HB 545--Property Improvement Construction; payment bond,

security deposit; preserving rights of certain parties

1066, 1092

HB 546--Highways; commercial driveway permits; limit amount

of charges, fees ....................................... No action in 1994

HB 554--Ad Valorem; taxing jurisdictions; duties; millage

rate adjustments ................................................. 34, 42

HB 562--Sales Tax; exemption; public or private school

athletic events ............................. 754, 757, 995, 1037, 1177, 1192

HB 565--Property Tax Sales; redemption price; change amount

required

150, 154, 618, 640

HB 566--Land-disturbing Activities; regulatory compliance

yet damages caused .............................................. 34, 42

HB 567--Ad Valorem; tax collector, commissioners; final

settlement period

150, 154, 618, 640

HB 572--Condominiums; instruments; unit owners; liability

for common expenses

480, 482, 796, 859, 957, 977

INDEX

2345

HB 574--Property Owners' Association Act; governance;

incorporation .............. 191, 259, 286, 319, 345, 562, 644, 683, 701, 1066

HB 596--Income Taxes; dependent exemption increased;

retirement income exclusion raised; reduced wage

withholdings

941, 943, 1171, 1236, 1450, 1452

HB 606--Elections; party nominations; qualifying petitions;

cards; content

No action in 1994

HB 607--Counties of 550,000 or more; public works

contracts; bidders

No action in 1994

HB 610--Fulton County; Purchasing; responsible bidder

factors; minority participation

No action in 1994

HB 631--Polygraph Examiners Employed by Public Agencies;

license fees ........................................... No action in 1994

HB 632--Georgia Music Hall of Fame Authority; retirement

membership ............................. 276, 279, 618, 640, 957, 972, 975

HB 633--Superior Court; secretaries; retirement; prior

service credit ............................... 671, 675, 904, 948, 1001, 1012

HB 641--Historical Nonperpetual Care Cemeteries;

registration exemption ........................... 34, 42, 619, 644, 720, 740

HB 642--Child Support; computation of awards; parent's net

income ...................................................... 1163, 1166

HB 649--Personal Care Homes; licensure; applicant's fitness

to operate

1021, 1030, 1172, 1236, 1355, 1450, 1479, 1699, 1923

HB 650--Personal Care Homes; licensing; criminal records

check for forgery..................... 754, 757, 997, 1037, 1355, 1450, 1480

HB 659--Emergency Medical Technicians; obstruct or hinder

duties; penalty...................................... 34, 43, 191, 261, 272

HB 664--Ad Valorem; exemption; blueberry plants; county

referendum approval .................... 1536, 1539, 1723, 1857, 2180, 2245

HB 670--Retirement System; deceased retirees; unpaid member

contributions ............................ 184, 188, 317, 354, 431, 490, 492

HB 671--Employees; certain county probation transferees;

retirement options ................ 1164, 1166, 1235, 1278, 1548, 1612, 1621

HB 674--Hospital Authorities; privately leased floor space;

ad valorem taxes...................... 132, 136, 618, 640, 1089, 1117, 1271

HB 676--Distance Learning and Telemedicine;

service fund ............................ 1164, 1166, 1432, 1435, 1547, 1554

HB 679--Domestic Relations Actions; standing orders

restraining parties................... 522, 527, 1171, 1236, 1355, 1450, 1466

HB 685--Agrirama Development Authority; prior service

credit for retirement

183, 188, 618, 640, 720, 730

HB 686--Human Body Parts; unauthorized removal or

dismemberment; penalties ....................... 35, 43, 191, 261, 273, 350

HB 690--Victim Compensation; payments; maximum amount;

service providers .................................... 35, 43, 678, 720, 745,

1166, 1248, 1535, 1554, 2081, 2088, 2185

HB 710--Boat Safety Act; violations; jurisdiction of

Probate Courts .............................. 2185, 2194, 2283, 2284, 2295

HB 715--Property Transactions Outside County; federal land;

restrictions ......................................... 989, 992, 1236, 1278

HB 762--Thomaston-Upson County Building Authority;

powers ................................................. 1268, 1434, 1436

HB 763--Superior Court Clerks' Retirement Fund; members;

increased benefits ........................... 754, 757, 904, 948, 1178, 1215

HB 786--Sales Tax; exemption; certain agricultural

commodities, truck crops ...................................... 275, 1776

2346

JOURNAL OF THE SENATE

HB 800--Amusement Game Machines; licenses,

fees, permits........................ 898, 901, 1135, 1172, 1355, 1451, 1498,

1701, 1752, 1863, 1908, 2245, 2288

HB 804--District Attorneys; retirement; increased

benefits

150, 154, 259, 283, 319, 361, 366

HB 807--Hospital Authorities, Transfer State Operation;

employee retirement

150, 155, 259, 283, 319, 361, 369

HB 820--Grand Jurors; oath; change gender; foreperson;

grammatical revisions........................ 35, 43, 1432, 1722, 1786, 2172

HB 828--Criminal Procedure; discovery and inspection;

comprehensive revision

611, 615, 1433, 1435, 1722, 1815, 1905, 1957

HB 835--Homestead Exemption; application; improper filing;

surviving spouse ................................................. 35, 43

HB 837--Contracts for Property Improvements; timely

payments; Prompt Pay Act

350, 352, 796, 859, 1239, 1241, 1534, 2057

HB 838--GBI Forensic Science Laboratories; testing of

substances, evidence

524, 527, 678, 716, 1355, 1420, 1705

HB 842--Vital Records; spontaneous fetal deaths;

registration; miscarriages.......................................... 35, 43

HB 862--Water, Gas, Sewerage, Electricity; unpaid charges

of prior occupant

672, 675, 859, 905, 1239, 1245

HB 866--Blasting Operations; blasters; explosives users;

licensure ............................. 525, 527, 796, 859, 1355, 1450, 1477

HB 871--Douglasville, City of; change corporate

limits ................................................ No action in 1994

HB 879--Public Roads; vehicles engaged municipal waste

collection; stopping.................. 754, 757, 1036, 1073, 1355, 1450, 1481

HB 882--Criminal Justice Coordinating Council; members;

reduce number of ..................................... No action in 1994

HB 897--Elections; amend numerous provisions ........................... 151, 155,

1432, 1435, 1723, 1854, 1904, 1911,

2040, 2074, 2224, 2243, 2265

HB 903--Governing Bodies; open meetings; repeal criminal

penalty provision ..................................... No action in 1994

HB 912--Alcoholic Beverages; sales of distilled spirits;

container sizes .............................. 525, 527, 760, 797, 1240, 1263

HB 913--Fulton County; School Employees Pension Fund;

benefits; retirement age .................. 1065, 1069, 1135, 1172, 1239, 1255

HB 914--Insurers; certificate of authority; capital stock;

surplus required 477, 482, 1171, 1236, 1722, 1793, 1904, 1972, 2193, 2195

HB 922--Lawrenceville, City of; corporate limits; deannex

certain property

No action in 1994

HB 929--Postsecondary; nonpublic institutions; criteria;

prohibited activity

612, 615, 1537, 1539,

1721, 1748, 1864, 2091, 2103, 2193, 2283, 2287

HB 931--Chatham County; Magistrate Court; chief magistrate; nonpartisan

nomination, election

No action in 1994

HB 932--Chatham County; Probate County; judge; nonpartisan

nomination and election

No action in 1994

HB 954--State Parks; certain facilities; agreement imposing

local excise tax .............................................. 1222, 1230

HB 959--Retirement; employees of agricultural commodity

commissions ............................. 131, 136, 259, 283, 319, 361, 370

HB 965--Beauty Pageants Operated for Profit; entrants'

fees; bonds or escrow

311, 314, 761, 797, 1722, 1813, 2305

HB 989--Counties, Cities; use tax liens on award in

condemnation

524, 528, 1135, 1172, 1288, 1289, 1704

INDEX

2347

HB 1000--Driver's License; suspension; conviction of

drug-related offenses ........................ 672, 675, 904, 948, 1089, 1120

HB 1020--Trial Judges and Solicitors Fund; contributions;

spouse benefits .......................... 151, 155, 317, 354, 432, 490, 494

HB 1021--McDuffie County; Board of Commissioners;

expenditures; annual report; publication of

No action in 1994

HB 1067--Thomson, City of; expenditures, fees; annual

report; publication .................................... No action in 1994

HB 1068--McDuffie County; Board of Education; expenditures,

fees; annual report; publication ......................... No action in 1994

HB 1074--Gainesville, City of; Municipal Utilities Serving

Outside Corporate Limits; fees, charges ............... 376, 379, 1434, 1436

HB 1077--Jasper County; Board of Commissioners; election

districts; reapportion; terms ............................ No action in 1994

HB 1078--Jasper County; Board of Education;

reconstitute ................................. 1872, 1876, 1878, 1882, 2307

HB 1080--Offense of Hijacking Motor Vehicle by Force or

Violence; penalties .................. 253, 254, 1433, 1435, 1548, 1625, 2307

HB 1082--Cobb County; Office of Sheriff; vacancies; chief

investigator qualifications ....................................... 715, 718

HB 1085--Cobb County; Elected Officials' Compensation

Review Commission; creation........................... No action in 1994

HB 1088--Wadley, City of; mayor and council; districts,

terms, qualifications ................................... No action in 1994

HB 1090--Probate Courts Retirement Fund; members;

retirement at age 55...................... 183, 189, 317, 354, 432, 490, 495

HB 1091--Probate Courts Retirement Fund; dues payments;

prior service credit .......... 183, 189, 317, 354, 432, 490, 496, 497, 568, 602

HB 1100--School Property; unlawful to carry bat, club,

bludgeon-type weapon ................. 350, 352, 904, 948, 1002, 1040, 1058

HB 1103--Human Resources; Public Health Nurse Shortage;

service cancelable educational loans.... 1164, 1167, 1537, 1539, 1721, 1777

HB 1109--Lula, City of; new charter; incorporation,

boundary; powers ..................................... 555, 559, 996, 999

HB 1113--Talbot County; Board of Commissioners; election

districts; terms; referendum .......................... 939, 944, 1036, 1039

HB 1130--Education; summer school program .............................. 754, 758,

1170, 1236, 1355, 1450, 1463, 1699,

1747, 1802, 1848, 2199, 2252

HB 1133--Chatham County; Intergovernmental Council;

repeal......................................................... 156, 159

HB 1136--Georgia Ports Authority; enforcement; illegally

parked vehicles ................... 1223, 1231, 1431, 1435, 1721, 1772, 1868

HB 1142--Insurers; policy cancellations; written request

from insured ................................. 276, 280, 486, 533, 567, 596

HB 1146--Camden County; board of commissioners; elections;

correct errors ..................................... 1024, 1032, 1172, 1174

HB 1149--Board of Regents; appropriations; restrict

creating new colleges ......................................... 1224, 1231

HB 1152--Newton County; County Officers; base salary;

longevity, cost-of-living increases ......................... 73, 76, 354, 356

HB 1153--DFACS; former employees of county department;

retirement membership

1129, 1132, 1235, 1278, 1549, 1678

HB 1177--Public School Employees, School Board Members;

compensation .................. 754, 758, 1170, 1236, 1355, 1450, 1469, 1706

HB 1178--Regional Development Centers; boundaries; relocate

certain counties ................................................ 182, 189

2348

JOURNAL OF THE SENATE

HB 1179--Downtown Development Authorities; directors;

change length of term .................... 131, 136, 283, 317, 361, 431, 458

HB 1180--Housing Authorities; commissioners; representative

elected official ................................................. 131, 136

HB 1181--Dogs and Cats; sterilization

635, 637,

759, 797, 957, 963, 1001, 1011, 1023, 1067

HB 1182--Bingo; nonprofit operations; nonmember employees;

background check

132, 137

HB 1183--Bingo; recreational games; nursing, retirement

homes, hospitals

...

132, 137, 316, 432, 490, 497, 673, 1447

HB 1185--Tuition Equalization Grants; additional approved

schools ...................... 1218, 1225, 1344, 1537, 1539, 1721, 1778, 1867

HB 1186--AIDS Confidential Information; disclosure ........................ 277, 280

HB 1187--Georgia Sports Hall of Fame Authority Act;

enact ............ 82, 98, 794, 859, 1001, 1014, 1066, 2103

HB 1188--Appeals to Appellate Courts; filing supersedeas

bonds ........................................ 151, 155, 679, 716, 765, 780

HB 1189--Appellate Court; appeal applications; extend

period of response ............................ 151, 155, 679, 716, 765, 780

HB 1190--Grand Juries; investigative powers to examine

public offices ............................................. 184, 189, 1538

HB 1191--Georgia Agricultural Exposition Authority; legal

actions; venue

151, 155, 316, 354, 432, 490, 498

HB 1192--Municipal Officers Elected Six-year Term in 1988;

expiration date ........................... 478, 482, 1035, 1073, 1239, 1259

HB 1193--Utility Contractor Licensing; certification;

change effective date ..................... 132, 137, 191, 259, 286, 319, 345

HB 1194--Unemployment Compensation; benefits; maximum

weekly amount; claims; overpayments; fraud; experience rating;

independent carriers........................... 310, 314, 677, 716, 804, 845

HB 1195--Flea Market Vendors; recording property acquired

for retail sale ....................... 672, 675, 1036, 1073, 1240, 1260, 1430

HB 1196--Ad Valorem Tax; assessment; change valuation

established on appeal.............................. 635, 638, 794, 859, 957,

980, 1068, 1266, 1338, 1449, 1566, 1706

HB 1198--Drive-by Shootings; offense of aggravated assault;

penalties ........................... 941, 943, 1235, 1278, 1451, 1526, 1705

HB 1199--Elections; proposed ballot question; limit

contribution influencing ................... 479, 483, 1432, 1435, 1723, 1831

HB 1201--Pistols or Revolvers; license to carry; convicted

felons prohibited ............................ 635, 638, 904, 948, 1239, 1254

HB 1207--Ad Valorem; appeals; temporary tax bills pending

outcome; interest

754, 758, 995, 1037, 1451, 1518, 1705

HB 1208--OCGA; revisions, modernizations; reenact statutes;

various titles ............................ 132, 137, 282, 317, 361, 431, 458

HB 1209--Firearms; carrying and possession; exempt certain

official persons

612, 615, 947, 997, 1089, 1121, 1272

HB 1214--Ad Valorem; vehicle registration; false

statements; penalties

184, 189, 618, 640, 863, 908, 909

HB 1215--Elections; nonpartisan local government

offices........................................ 184, 189, 560, 619, 644, 668

HB 1217--Controlled Substances; dangerous drugs; change

listing..................................... 525, 528, 996, 1037, 1089, 1124

HB 1218--OCGA; Code Title 47, Retirement and Pensions;

corrections .............................. 132, 137, 282, 317, 361, 431, 459

HB 1219--OCGA; Code Title 21, Elections; correct errors and

omissions

133, 137, 282, 317, 361, 431, 460

INDEX

2349

HB 1220--Criminal Trespass or Damage to Property; posted

lands; railroads ..................................... 612, 615, 1342, 1343

HB 1221--License Plates; special; one free plate; national

guard retirees; amateur radio operators

277, 280, 1171, 1236, 1355,

1450, 1492, 1701, 1752, 1810, 1846, 2161, 2244, 2288

HB 1222--Homestead Option Sales Tax to Fund Exemptions From

County Taxes................................................ 1217, 1224

HB 1223--License Plates, Decals, Certificate of Title;

replacement fees .............................. 255, 258, 487, 533, 567, 597

HB 1225--Ticket Scalping; unlawful excess charges for

admission ....................................... 657, 676, 760, 797, 1001,

1015, 1130, 1145, 1273, 1279, 1456, 1534

HB 1226--Real Estate Appraisers; temporary

permits ................................ 525, 528, 715, 762, 804, 838, 1067

HB 1227--Real Estate Brokers; licensure; conduct;

affiliates; commissions ................... 525, 528, 715, 762, 804, 841, 1068

HB 1228--Evidence; admissibility of videotapes made by law

enforcement ............. 182, 189, 1433, 1435, 1723, 1857, 2190, 2265, 2283

HB 1229--Parole; sex offenders, notice of release

1163, 1167,

1341, 1343, 1451, 1509, 1705

HB 1232--Troup County School District; define ................ 73, 77, 111, 113, 114

HB 1233--Certificates of Title; mobile or manufactured

homes ........ ............................ 277, 280, 678, 716, 1722, 1786

HB 1235--Motor Vehicles; security interest; certificate of

title application ................................... 255, 258, 487, 533, 568,

597, 598, 610, 631, 644, 683, 702, 1130

HB 1241--Hotel-Motel Taxes; expending for Aviation Museum

and Hall of Fame

635, 638, 794, 859, 1002, 1019, 1020, 1066

HB 1254--Indigent Defense; state funded programs; counsel

in certain cases ......................... 276, 280, 678, 716, 957, 982, 1067

HB 1256--Coroner's Training Council; approve, certify

annual training ............................... 277, 280, 487, 533, 568, 598

HB 1262--Environmental Facilities Authority, GEFA;

administer federal grant funds for drinking water

treatment .................................... 523, 528, 714, 762, 863, 895

HB 1263--Environmental Facilities Authority, GEFA; create

new Division of Energy Resources; transfer of powers,

duties, assets, personnel ....................... 523, 528, 715, 762, 804, 845

HB 1264--Oconee County; Board of Elections and

Registration; creation

108, 110, 156, 159

HB 1265--License Plates; special; survivors of Pearl

Harbor ..................................... 523, 529, 678, 716, 1001, 1017

HB 1266--License Plates; special; firefighters; repeal

additional fees

523, 529, 678, 716, 1177, 1211

HB 1267--Tax Executions; demand for immediate payment or

bond; findings ............................. 788, 791, 995, 1037, 1354, 1410

HB 1268--Tax Executions; personal property; time of

issuance; notices ........................... 788, 792, 995, 1037, 1354, 1411

HB 1270--Georgia Lead Poisoning Prevention Act of 1994;

enact ............................ 1221, 1229, 1276, 1343, 1549, 1646, 1868

HB 1274--Fiscal Notes; time of requesting, preparation and

consideration

1065, 1069, 1234, 1278, 1354, 1418

HB 1275--Chatham County; Magistrate Court; election of

judges ............................................... 108, 110, 156, 159

HB 1277--Theft of Growing or Unharvested Commercial

Agriculture Crops

276, 281, 561, 619, 644, 719, 726, 1067

2350

JOURNAL OF THE SENATE

HB 1281--Probate Courts ......................... 184, 190, 562, 619, 720, 735, 1068

HB 1283--Driver's License; replacement due to change of

name or address

350, 352, 487, 533, 568, 599

HB 1289--Counties of 300,000 or More; joint board of tax

assessors repealed ................................. 148, 155, 283, 317, 357

HB 1296--Appropriations, Supplemental SPY 1993-1994

107, 138, 157, 195,

196, 239, 251, 252, 253, 374, 375, 384, 430, 552

HB 1297--Referendum on Ad Valorem Tax Exemption; certain

veterans facility

522, 529, 794, 859, 1177, 1195, 1271

HB 1298--Ethics; activities influencing actions of local

officials; lobbyist disclosure

184, 190, 560, 619, 644, 668, 1160

HB 1300--Family Violence; filing petition seeking relief;

hearings....................................................... 276, 281

HB 1302--Family Violence; protective orders; petitions;

convert permanent ............................................. 276, 281

HB 1303--Family Violence; alleged abuser; bail condition;

no victim contact .............................................. 276, 281

HB 1306--Health Care Insurance Coverage for Medicaid

Recipients; risk pools ........................................... 941, 943

HB 1307--Insurers; rate filings; hearings after

disapproval; time periods

525, 529, 714, 762, 1177, 1190, 1272

HB 1308--Motor Vehicle Insurance; nonpayment of premium;

dishonored checks

311, 315, 946, 997,

1451, 1511, 1513, 1549, 1677, 1905, 1977, 2091, 2093

HB 1309--Insurers; surplus line broker; affidavits, premium

taxes, reports .................................................. 311, 315

HB 1311--South Georgia Judicial Circuit; terms; Decatur,

Mitchell Counties ............................. 184, 190, 487, 533, 568, 599

HB 1313--Records; inspection; applicable local governmental

associations....................... 1026, 1030, 1433, 1435, 1723, 1857, 2248

HB 1314--Education; capital outlay funds; purpose of

projects; priorities ............................. 672, 676, 1170, 1236, 1288,

1307, 1322, 1430, 1449, 1535, 1551, 2201, 2217, 2244

HB 1318--Highways; state engineer; rename as 'chief

engineer' ................................. 753, 758, 1036, 1073, 1354, 1418

HB 1320--Lamar County; Board of Education; members;

nonpartisan elections ........................................... 148, 156

HB 1321--Court Reporters; contracts; disclose arrangements;

disqualification ....................... 310, 315, 796, 859, 1002, 1022, 1067

HB 1322--Children Being Considered for Foster Care

Placement; records access .................... 478, 483, 904, 948, 1001, 1014

HB 1323--Wayne County; Board of Education; elections;

qualifications; districts; terms .......................... 148, 156, 192, 194

HB 1324--Wayne County; Board of Commissioners; election

districts; terms of office

148, 156, 192, 194

HB 1326--Graduating Seniors; final grade average; uniform

reporting system .................... 671, 676, 1170, 1236, 1722, 1824, 2307

HB 1327--Juvenile Courts; associate judges;

qualifications

1027, 1030, 1434, 1435, 1549, 1665

HB 1330--Addiction Counselors; scope of practice; license

exemption ............................ 478, 483, 859, 905, 1178, 1214, 1272

HB 1332--Home Care Services Providing Patient Companion or

Sitter; licensing ........................... 898, 901, 1432, 1435, 1548, 1561

HB 1333--Public Safety Employees; political activities

524,

529, 714, 762, 1002, 1240, 1264, 1430,

1467, 1700, 1752, 2088, 2243

INDEX

2351

HB 1334--Dangerous Drugs; change listing; industrial grade

nitrous oxide ..................... 1223, 1230, 1432, 1435, 1548, 1611, 1868

HB 1337--Weapons Used Commission of Crimes or Delinquent

Act; disposition

480, 483, 1171, 1236, 1355, 1450, 1467

HB 1340--License Plates; special; surviving spouse of

deceased veterans ........................... 524, 529, 947, 997, 1451, 1517

HB 1341--Structural Pest Control Businesses; insurance

coverage ................................... 479, 483, 759, 797, 1177, 1191

HB 1342--License Plates; permanent registration; trailers;

vehicles for hire............................... 255, 258, 487, 533, 568, 600

HB 1344--Tobacco Warehousemen; commissions on gross sales;

maximum charges

151, 156, 316, 354, 432, 491, 499, 500, 644

HB 1348--Paulding County; motor vehicle registration;

staggered periods

148, 156, 192, 194

HB 1349--City of Dallas; deannex territory

148, 156, 192, 194

HB 1351--Child Abuse Central Registry; investigations;

substantiated report

635, 638

HB 1357--Hotel Price Gouging During Period of 1996 Olympic

Games; violations ...:................ 310, 315, 532, 563, 644, 720, 728, 729

HB 1358--Theft by Conversion; no return of rental property

1026,

1030, 1342, 1343, 1549, 1653, 1655, 1721, 1725, 2307

HB 1361--Income Tax Laws; conform definitions to federal

income tax laws

477, 483, 618, 640, 720, 727

HB 1362--State Marketing Resources; expenditure on media

outlets accepting political advertising from qualified

candidates..................................................... 526, 529

HB 1363--Income Tax; withholding; pension, annuity

distributions ...................................... 478, 484, 640, 957, 978

HB 1368--Lottery Prizes Awarded; income taxes imposed

nonresident winners ........................... 479, 484, 618, 640, 765, 779

HB 1369--Lottery Prizes Awarded of $5,000. or More; income

tax withholding ............................... 479, 484, 618, 640, 720, 751

HB 1370--Spalding County; Commissioners; election

districts; redesignate and describe ...................... 149, 156, 259, 260

HB 1372--Park Marinas; Lake Allatoona, Richard B. Russell Lake;

sublease site ................ 239, 240, 354, 381, 491, 538, 542, 543, 623, 631

HB 1375--Appropriations; General; State FY 1994-1995 .......... 988, 992, 1234, 1278,

1354, 1356, 1409, 1430, 1449, 1476, 1479, 1988, 2037, 2039

HB 1376--Commercial Drivers; serious traffic violations;

tank vehicles

...................... 988, 992, 1171, 1236, 1548, 1621,

1622, 1632, 1685, 1778, 1848, 1904, 1987, 2108, 2243

HB 1378--Fraudulent Attempts to Obtain Refunds; giving false

information. ................... 479, 484, 1135, 1172, 1355, 1450, 1464, 1867

HB 1379--Lottery Retailers; qualifications; restoration of

civil rights after criminal conviction ....... 311, 315, 532, 563, 644, 765, 778

HB 1382--Game and Fish; license required certain private

ponds; registration of sellers of game or domestic species fish;

bill of sale ................................. 523, 530, 715, 762, 1089, 1123

HB 1383--Teachers Retirement; annuity savings; percentage

of salary

184, 190, 618, 618, 640, 720, 738

HB 1386--Traffic Accidents; reports; local law enforcement

requirements

275, 281, 487, 533, 568, 601

HB 1387--Traffic Accidents; reporting damage,

investigations

276, 281, 487, 533, 568, 601

HB 1388--Unemployment Tax Amnesty Program; employer

one-time penalty waiver

479, 484, 564, 618, 640, 957, 979

HB 1389--Peace Officers; preemployment requirements; basic

training; certification; training for communications

officers

672, 676, 947, 997, 1451, 1722, 1859, 2306

2352

JOURNAL OF THE SENATE

HB 1390--Used Car Dismantlers, Salvage; combine

boards ........................... 1026, 1030, 1277, 1343, 1722, 1802, 2305

HB 1391--Georgia Polygraph Examiners Act; repeal

525, 530, 796, 859, 1548, 1557

HB 1393--Insurance Premium Finance Company; contracts;

required disclosure

524, 530, 1235, 1278

HB 1395--Superior Courts; judges, district attorneys;

increase annual salary ..................... 853, 856, 1235, 1278, 1450, 1458

HB 1398--State Officials; supreme court justices, appellate

judges, attorney general; annual salaries

853, 856, 1235, 1278,

1450, 1460, 1461, 1548, 1555, 1702, 1812

HB 1399--DUI Alcohol/Drug Use Risk Reduction Programs;

criteria; bonds; fees ....................... 525, 530, 1342, 1343, 1722, 1785

HB 1400--Aircraft; liens to secure debt for services,

indemnity contracts ..................... 1027, 1030, 1434, 1435, 1548, 1644

HB 1403--Escape, Offense of; convicted felons or

misdemeanors; punishment .............. 1027, 1031, 1434, 1435, 1548, 1632

HB 1405--Mental Illness; patient clinical records; release

certain entities........... 672, 676, 1236, 1278, 1451, 1503, 1777, 1847, 2039

HB 1407--Elbert County; County Surveyor; abolish elected

office; provide for appointment

183, 190, 283, 285

HB 1408--Elbert County; County Administrator; change

powers ............................................... 183, 190, 354, 356

HB 1409--Polk County; Board of Education; election

districts; new boundary lines ........................... 239, 240, 283, 285

HB 1410--Griffin-Spalding County School System; board of

education; terms ...................................... 183, 190, 283, 285

HB 1411--Fireworks; sparklers; legal nonexplosive,

nonaerial items ....................................... 524, 530, 715, 762

HB 1415--Local Governing Authorities; audits reports;

expenditure levels ........................... 479, 484, 859, 905, 1548, 1611

HB 1417--Evidence; witness testimony; deposition

procedures; medical reports .......... 672, 676, 1433, 1435, 1721, 1779, 2173

HB 1420--Property Conveyances; estates; alienability of

future interests

478, 484, 679, 716, 957, 975, 977, 1001, 1011, 1068

HB 1422--Municipal Elections; poll officers; qualifications;

appointments ........................... 1224, 1230, 1432, 1435, 1723, 1834

HB 1426--Ambulance Services; license requirements; invalid

car or operator ......................... 1022, 1031, 1276, 1343, 1451, 1503

HB 1427--Lawrenceville, City of; Ad Valorem; city taxes;

homestead exemption; referendum ...................... 239, 241, 947, 950

HB 1429--Election Code; conform with federal voter

registration ................................ 789, 792, 1235, 1278, 1548, 1640

HB 1435--Solid Waste; disposal facilities; modification of

expansion permits....................... 1126, 1132, 1276, 1343, 1548, 1561

HB 1436--Ad Valorem; assessments; appeal procedure; filing;

notice; response

1026, 1031, 1536, 1539, 1723, 1826, 1870

HB 1439--State Employees; voluntary charitable deductions;

change definition

754, 758, 1171, 1236, 1354, 1414, 1704

HB 1443--Office of State Administrative Hearings;

creation ................. 672, 677, 1433, 1435, 1723, 1857, 2058, 2185, 2217

HB 1445--Randolph County; Board of Education; reconstitute;

members; election districts; appointment of school

superintendent........................................ 239, 240, 283, 285

HB 1446--Omaha, City of; charter repealed;

abolish ............................................... 239, 240, 283, 285

HB 1447--Gwinnett County, State Court; criminal cases;

demand for trial by jury

349, 352, 619, 621

INDEX

2353

HB 1448--City of Bluffton; new charter........................... 239, 240, 283, 285

HB 1450--Patients; orders not to resuscitate;

effectiveness; hospices ........................................ 1027, 1031

HB 1451--MARTA; operating costs; use of interest income

from reserve funds ..................... 311, 315, 382, 619, 640, 1239, 1255

HB 1452--MARTA; board of directors; terms; successor

appointments; quorum; personal liability of security

force .................................. 311, 315, 382, 619, 640, 1451, 1501

HB 1455--State Employees; voluntary payroll deductions;

not-for-profit professional development

organizations ........................... 478, 485, 618, 640, 720, 729, 1067

HB 1458--Maps and Plats; specifications

1222, 1231,

1538, 1539, 1723, 1841, 2308

HB 1459--Council of Municipal Court Judges of Georgia;

creation; county law libraries, pooling of funds and use of

funds ............................ 1065, 1069, 1342, 1343, 1451, 1515, 1705

HB 1462--Certificated Professional Personnel; jurisdiction

over applicants under review; designated

agencies ................................ 1027, 1031, 1275, 1343, 1549, 1660

HB 1469--Seeing Eye, Hearing Ear, Service Guide Dogs

Accompanying Trainers.................... 897, 901, 1172, 1236, 1354, 1412

HB 1470--DeKalb County; Garbage; sanitation districts;

repeal Act approved 1985; referendum ................ 239, 240, 1072, 1075

HB 1471--Driver's License; probationary; DUI habitual

violators; conditions ....................... 788, 792, 1172, 1236, 1723, 1835

HB 1481--Board of Human Resources; ineligible members;

registered lobbyists............................................. 478, 485

HB 1482--Regional Development Centers; extraterritorial

activities; contracts; board members; audits; nonprofit corporations

servicing programs .................... 555, 558, 762, 797, 1177, 1193, 1429

HB 1483--Superior Courts; (Proceedings; holding in places

other than courthouse

1026, 1031, 1342, 1343

HB 1485--Fulton County; County Programs or Operation;

employees reporting fraud, waste ....................... 522, 531, 640, 642

HB 1486--Pickup Trucks Carrying Children; use of seatbelts

required ........ 755, 758, 997, 1037, 1239, 1248

HB 1488--Insurers; refiling corrected documents; rating

standards exception ................. 898, 901, 1135, 1172, 1722, 1822, 2305

HB 1489--Joint County and Municipal Sales Tax; expiration,

renegotiation .... 846, 847, 1035, 1073,

1239, 1250, 1430, 1554, 1700, 1735, 2104, 2243

HB 1490--Effingham County; State Court; solicitor; change

salary ................................................ 275, 282, 354, 356

HB 1491--Effingham County; Board of Commissioners; powers;

ordinance violation penalties ........................... 275, 282, 354, 356

HB 1493--Private Detectives or Security Businesses; license

qualifications

526, 530, 715, 762, 1288, 1290

HB 1494--DeKalb County Community Relations Commission;

membership; functions................................. 275, 282, 354, 356

HB 1497--Toccoa, City of; corporate limits; deannex certain

property ............................. 310, 316, 996, 999, 1000, 1001, 1067

HB 1499--Sheriffs; cash bonds; deposit interest-bearing

account; exception ........................ 898, 901, 1433, 1435, 1548, 1639

HB 1502--Limited Liability Companies; exempt trade name

registration; partnerships; .execution of deeds, documents;

dissolution ................................. 611, 615, 904, 948, 1001, 1018

2354

JOURNAL OF THE SENATE

HB 1503--Lottery Retailers; electronic dispensers; sales

to minors; penalty ................ 1217, 1225, 1431, 1435, 1722, 1779, 1869

HB 1504--Ad Valorem; tax assessors; taxpayer notices;

arbitration appeals

941, 943, 1236, 1278, 1355, 1450, 1484, 1705

HB 1505--Workers' Compensation; benefits; causation of

accidents, injuries; grounds for denial; hearings;

entitlement............................. 596, 615, 760, 797, 863, 894, 1067

HB 1506--Ad Valorem; county boards of equalization;

training requirements.................................. 478, 485, 859, 905,

1355, 1450, 1483, 1702, 1976

HB 1512--Commercial Bait Shrimping; rules, regulations;

licensure ...................... 524, 530, 1276, 1343, 1451, 1721, 1773, 1868

HB 1513--Salt-water Finfish; size limitations for red

drum ................................ 708, 711, 947, 997, 1355, 1451, 1497

HB 1514--Upper Oconee Basin Water Authority;

create ...................................... 708, 711, 859, 905, 1240, 1263

HB 1515--Child Support; Health Insurance Coverage for

Dependent Children; requirements; joint study committee

on child support created ............................. 708, 711, 1342, 1343,

1548, 1594, 1611, 1721, 1724, 1864, 2184

HB 1516--Local School Boards; transaction of business;

voting quorum .................................... 1223, 1230, 1342, 1343

HB 1517--Motor Fuel Tax; nonhighway use exemption

certificate; false claims....................... 635, 638, 794, 859, 1288, 1306

HB 1521--Solid Waste; regional authorities; removal of

certain members; hazardous wastesites, corrective actions;

exemption to lead packaging .................................. 1127, 1132,

1276, 1343, 1722, 1798, 1868

HB 1525--Hospital Authorities; liability insurance;

sovereign immunity ............................................ 989, 992

HB 1527--Business Expansion Support Act of 1994, 'BEST

Plan'; enact .................... 636, 638, 995, 1037, 1177, 1198, 1211, 1271

HB 1531--Loitering; violation of county ordinance; arrest

and prosecution ........................... 899, 901, 1171, 1236, 1288, 1294

HB 1536--Wastewater Treatment; operators; classify very

small public systems ................ 852, 857, 1036, 1073, 1177, 1212, 1272

HB 1539--County Road Systems; property not needed;

abandonment procedures

635, 639, 796, 859, 957, 1355, 1450, 1476

HB 1541--Wild Animals Classified as Dangerous; license,

permits to possess; insurance requirements; wolf hybrid

permits ....... 899, 902, 1036, 1073, 1354, 1414, 1706

HB 1543--Fulton County; School Employees Pension Fund;

continuation .......................................... 709, 711, 905, 906

HB 1544--Municipal Corporate Limits; deannexation method;

procedures .................................... 753, 758, 1539, 1722, 1797

HB 1547--Organ Donors; driver's license applicant fees

reduced ...................................... 924, 1171, 1236, 1354, 1416

HB 1550--License Plates; special; disabled persons; proof

of impairment ........................................ 788, 792, 947, 997

HB 1551--State Productivity Council; creation

1165, 1167, 1433,

1435, 1721, 1774, 1868

HB 1554--House of Representatives; composition; change 14

districts ................................ 350, 352, 678, 716, 765, 777, 1538

HB 1557--School Breakfast Programs for Students;

establishment....................... 898, 902, 1275, 1343, 1451, 1527, 1706

HB 1561--Sales Tax; exemption; international shipping cargo

containers .................................... 479, 485, 618, 640, 720, 732

INDEX

2355

HB 1562--Crawford County; .Ad Valorem; school district

taxes; homestead exemption............................ 349, 352, 797, 799

HB 1563--Peach County; .Ad Valorem; school district taxes;

homestead exemption ................................. 349, 353, 487, 489

HB 1564--Butts County; Board of Education; election and

terms ................................................ 349, 353, 487, 489

HB 1565--Butts County; Board of Commissioners;

compensation; allowances .............................. 349, 353, 487, 489

HB 1567--Property; security instruments; recording; cancellation; liens

for condominium assessments ............ 1222, 1230, 1434, 1435, 1723, 1851

HB 1570--Fire Departments; emergency powers; effect on

other agencies ...................... 898, 902, 1171, 1236, 1722, 1825, 2307

HB 1576--Retirement System; benefits; members subject

involuntary separation ......................... 556, 559, 678, 716, 765, 785

HB 1577--Mitchell County; State Court; judge, solicitor;

change compensation .................................. 376, 379, 533, 534

HB 1580--Calhoun County; Sheriff; change

compensation ......................................... 376, 379, 533, 535

HB 1583--Randolph County; Board of Commissioners; election

districts; reapportion .................................. 477, 485, 562, 565

HB 1586--Superior Court Judges; postretirement; cost of

living increases

708, 711, 760, 797, 1288, 1332, 1355, 1450, 1461

HB 1587--Butts County; Board of Commissioners; chairperson,

members; change compensation

376, 379, 533, 535

HB 1591--Atlanta, City of; Traffic Court; terms of

court ......................................... 987, 994, 1342, 1343, 1446

HB 1592--Carroll County; motor vehicle registration;

staggered periods ..................................... 376, 379, 533, 535

HB 1593--Midway, Town of; change corporate

boundaries ........................................... 349, 353, 533, 535

HB 1594--General Assembly; ethics committee; subpoena;

telephone conference ................................ 526, 531, 1432, 1435

HB 1596--Utility Contracting; licensing; certification;

sanctions; bidding ................. 1163, 1167, 1277, 1343, 1721, 1754, 2307

HB 1598--Ellaville-Schley County Charter Commission;

completion time ...................................... 376, 379, 533, 535

HB 1600--National Guard; call for active duty; declared

emergencies ................................ 708, 712, 903, 948, 1721, 1754

HB 1601--License Plates; special; commanders of veterans'

organizations .................................... 709, 712, 947, 997, 1240

HB 1602--Warner Robins, City of; Mayor and Council;

powers ............................................... 377, 379, 533, 535

HB 1603--Warner Robins Building Authority; secretary; city

clerk ................................................. 377, 379, 533, 535

HB 1604--Troup County; .Ad Valorem; school district taxes;

homestead exemption

377, 380, 533, 535

HB 1606--Centerville, City of; Ad Valorem; city taxes;

homestead exemption

377, 380, 533, 535

HB 1607--Sumter County Board of Education; members;

compensation ......................................... 377, 380, 533, 536

HB 1608--Home Builders; contracts; warranties; arbitration;

code violations

708, 712, 763, 903,

948, 1548, 1568, 1699, 1751, 1832, 1848

HB 1609--Ocilla, City of; ad valorem taxes; assessment,

levy, millage rate..................................... 477, 485, 562, 565

HB 1613--Occupation Taxes; exemptions, fees

611, 616,

995, 1037, 1239, 1240

2356

JOURNAL OF THE SENATE

HB 1614--Stewart County; Board of Education; election

districts; terms........................................ 477, 485, 562, 565

HB 1615--Gwinnett County; State Court; judges; change

compensation ....................................... 787, 793, 1872, 1876

HB 1616--State Properties Commission; change membership;

powers of director

708, 712, 995, 1037

HB 1617--State Indemnification Commission; composition;

payment of claims

708, 712, 1035, 1073

HB 1619--Underground Storage Tanks; sites requiring

corrective actions; inspections; damage liabilities; lien

rights of state

853, 857, 946, 997, 1239, 1267, 1534

HB 1623--Insurers; mutual insurers; conversion to stock

insurer; procedures

1065, 1069, 1432, 1435, 1548, 1558, 1705

HB 1625--Columbus Airport Commission; appointment of

airport police ......................................... 477, 486, 562, 565

HB 1626--Children and Youth Services Department;

contracts ............................... 1129, 1132, 1172, 1236, 1288, 1291

HB 1627--Department of Children and Youth Services;

insuring vehicles operated by nonprofit contracting

agencies ................................ 1065, 1069, 1172, 1236, 1288, 1292

HB 1631--Clay County; Board of Commissioners; employment

of clerk, county administrator

477, 486, 562, 565

HB 1632--Surety Debts; notice from surety to creditor to

commence collection

988, 992, 1235, 1278, 1355, 1450, 1478

HB 1633--McDuffie County; Magistrate Court; election of

full-time chief magistrate ............ 477, 486, 1707, 1709, 1713, 1720, 1778

HB 1636--Mortgage Lenders, Brokers; licensing

596, 616,

713, 762, 1002, 1020

HB 1637--Interior Designers; registration; examination

waivers ............................ 708, 712, 1036, 1073, 1355, 1450, 1492

HB 1638--Franklin-Heard County Water Authority; members;

qualifications ......................................... 522, 531, 619, 621

HB 1641--Seed Arbitration Council; creation

707, 712, 1234, 1278,

1549, 1648, 1865, 1987, 2199

HB 1642--Intangible Recording Tax; collection officer;

counties of 50,000

898, 902, 1432, 1435, 1722, 1803, 2307

HB 1648--Putnam County; (Ad Valorem Taxes; $10,000

homestead exemption; referenda

852, 857, 947, 950

HB 1649--Baldwin County; Ad Valorem Taxes; $10,000

homestead exemption; referendum

852, 858, 1872, 1876

HB 1650--Acworth, City of; corporate limits, boundaries;

adoption of official map

522, 531, 715, 719

HB 1651--Natural Resources Department; employing certain

part-time workers

707, 713, 947, 997, 1288, 1295

HB 1652--Warner Robins; ad valorem; city taxes; exemption

for elderly ............................................ 523, 531, 619, 621

HB 1653--Motor Vehicle Safety Responsibility Act; filing

of accident reports

989, 992, 1434, 1435, 1549, 1658, 2306

HB 1654--Aircraft; ad valorem taxes; county to make return;

primary home base

1218, 1225, 1536, 1539, 1723, 1844, 2189, 2306

HB 1658--Sewage; regulations, standards for on-site

individual systems

990, 993, 1276, 1343,

1549, 1655, 1802, 1846, 1866, 1972, 2163, 2244, 2265

HB 1660--Madison County; Board of Commissioners; federal

community development block grants

555, 559, 1707, 1710

HB 1662--District Attorneys; appointment of a substitute

to serve; retirees

988, 993

INDEX

2357

HB 1664--World Congress Center Authority; expand projects;

facilities....................................................... 753, 759

HB 1666--Optometrists; certification; use of pharmaceutical

agents ................................. 1128, 1132, 1276, 1343, 1451, 1526

HB 1667--Sheriffs, Deputy Sheriffs; surety bond; accounting

of public funds

988, 993, 1434, 1435, 1721, 1738

HB 1668--Fayette County; State Court; creation;

jurisdiction; powers; elections ............ 555, 559, 947, 950, 952, 956, 1271

HB 1669--Fayette County; .Board of Elections; re-create;

powers, duties; members ............................... 555, 559, 640, 643

HB 1672--Public Service Commission; special fees; gas

utility filings ............................. 941, 943, 1171, 1236, 1547, 1551

HB 1676--Financial Institutions, Credit Unions............................. 989, 993,

1134, 1172, 1239, 1241

HB 1677--Bad Checks, Offense of; change to criminal offense

of bank deposit fraud including debit card

sales drafts ............................. 1163, 1167, 1275, 1343, 1548, 1556

HB 1678--Liberty County; Board of Education; members; terms

of office .............................................. 555, 559, 679, 680

HB 1679--Liberty County; license plates; staggered

registration periods.................................... 556, 559, 679, 680

HB 1681--Insurers; adverse underwriting decisions;

investigations ................................................ 1128, 1133

HB 1682--White County Water and Sewerage Authority; change

membership .......................................... 556, 559, 640, 643

HB 1684--National Guard; assist in drug enforcement,

medically undeserved areas, military-based

youth training ............................ 941, 943, 1234, 1278, 1549, 1659

HB 1687--Juvenile Delinquency Criminal Cases; right of

state for direct appeal to Appellate or

Supreme Court ................... 1128, 1133, 1433, 1435, 1723, 1849, 1868

HB 1688--Clay County; Board of Education; residency

qualifications; compensation

611, 616, 797, 799

HB 1690--Plumbers; master, journeyman; license renewal;

continuing education .............. 1128, 1133, 1277, 1343, 1549, 1652, 1868

HB 1691--Early County; Board of Education; residency

qualifications ......................................... 611, 616, 679, 681

HB 1692--Johnson County; Board of Education; chairman;

compensation ......................................... 611, 616, 679, 681

HB 1693--Tax Assessors; county boards; ineligible member;

certain appraiser .................... 788, 792, 1035, 1073, 1723, 1831, 2178

HB 1702--Textbooks in Any Medium, Print or Nonprint; state

board to regulate

988, 993, 1170, 1236, 1355, 1451, 1498, 1706

HB 1704--Sales Tax; special county 1%; waste collection and

disposal purposes ................... 853, 857, 1432, 1435, 1549, 1661, 1869

HB 1705--Natural Disaster Relief Fund; establish; tax

refund contributions

1064, 1069

HB 1710--Compensation According to Population Brackets;

judges, clerks, sheriffs, tax collectors; minimum annual

salaries................................. 1224, 1230, 1433, 1435, 1547, 1550

HB 1711--Tift County; Board of Education; election

districts; terms........................................ 611, 616, 640, 643

HB 1712--Tift County; Board of Commissioners; election

districts

611, 616, 640, 643

HB 1715--Court Sessions; alternative locations in certain

counties; change term for Early County Superior Court

853, 857,

1342, 1343, 1723, 1836, 1862, 1984, 2091, 2193, 2275, 2302

2358

JOURNAL OF THE SENATE

HB 1719--Decatur County; Board of Commissioners;

chairperson; elected at large; referendum

634, 639, 715, 718

HB 1721--Decatur County; Board of Education; members;

nonpartisan election ................................... 634, 639, 715, 718

HB 1723--Regents Retirement Plan; employees; amount of

contributions

789, 792, 904, 948, 1355, 1450, 1490

HB 1727--Securities; documents, records filing system;

electronic central depository; regulation of limited liability

companies .......................... 788, 792, 1235, 1278, 1355, 1450, 1462

HB 1728--Commissioner of Labor; repeal duties; utilities

notification center

989, 993, 1432, 1435, 1548, 1643

HB 1730--Union City; municipal elections; election by

plurality vote .................................................. 939, 944

HB 1732--Walker County; State Court; judge, secretary;

compensation

634, 639, 1073, 1076, 1087, 1088, 1271

HB 1733--Ben Hill County; Board of Education; nonpartisan

primaries and elections

634, 639, 715, 718

HB 1737--Ludowici, City of; municipal court;

creation .............................................. 634, 639, 715, 719

HB 1739--Ben Hill County; Board of Elections and

Registration; creation..................... 671, 677, 797, 799, 800, 803, 899

HB 1741--Coweta County; State Court; judge, solicitor;

full-time duties; salary................................. 787, 793, 947, 950

HB 1742--Coweta County; ad valorem; exempt elderly,

disabled; referendum .................................. 787, 793, 905, 907

HB 1743--Coweta County; ad valorem; $5,000 exemption;

referendum ........................................... 788, 793, 905, 907

HB 1748--Newton County Water and Sewer Authority; revenue

bonds; issuance ....................................... 671, 677, 761, 764

HB 1751--Newton County; ad valorem; exempt certain leased

homesteads ........................................... 707, 713, 797, 951

HB 1752--Oglethorpe County; Board of Commissioners; monthly

meetings ............................................. 671, 677, 761, 764

HB 1753--Chatham County; Certain Officials; change

compensation ......................................... 671, 677, 797, 799

HB 1754--Probate; judges, clerks; eligibility; jurisdiction

in certain cases

853, 857, 1235, 1278, 1355, 1422, 1866, 1964

HB 1756--Appling County; Board of Education; new election

districts .............................................. 707, 713, 797, 799

HB 1757--Appling County; Board of Commissioners; new

election districts ...................................... 707, 713, 797, 800

HB 1760--Ad Valorem; property values; conservation use

covenants; transfers

853, 857, 1536, 1539, 1722, 1794

HB 1762--Sales Tax; exemption; off-road equipment used in

timber production

1221, 1229, 1432, 1435, 1547, 1552

HB 1764--Job Tax Credits; procedures; joint development

authorities .................................................... 988, 994

HB 1765--Douglas County; Board of Education; members;

election; compensation

707, 713, 947, 951

HB 1767--Developmental Highway System; road improvement

corridors; add East-west Highway from 1-59 North to

1-85 North

989, 994, 1277, 1343, 1722, 1810, 1868

HB 1768--Special Education Services; intellectually gifted

students................................ 1065, 1070, 1275, 1343, 1451, 1521

HB 1773--City of Winterville; mayor, council,

vacancies

707, 713, 797, 799

INDEX

2359

HB 1783--Buses for Hire; small capacity; exemption as motor

contract carrier ........................... 940, 944, 1036, 1073, 1723, 1835

HB 1784--Convicted Felons; inmates; good time allowance;

assigned work

1222, 1231, 1433, 1435,

1722, 1809, 1865, 1977, 2192, 2194, 2283, 2293

HB 1787--Jackson County; ad valorem school taxes; exemption

for elderly ............................................ 753, 759, 859, 861

HB 1788--Jackson County; ad valorem taxes; exemption for

elderly persons........................................ 753, 759, 859, 861

HB 1793--Retirement Legislation; actuarial studies; change

reference ............................................. 789, 793, 904, 948

HB 1794--Bast Point, City of; East Point Parking Authority;

membership; composition; appointment

939, 944, 1036, 1039

HB 1796--East Point Building Authority; membership;

composition; appointment

939, 944, 1036, 1039

HB 1798--Official State Crop; designate the

peanut

1217, 1225, 1431, 1435,

1548, 1642, 1643, 1721, 1762, 1864, 2108, 2169, 2249

HB 1799--Dawson County; Advisory Referendum on Sole

Commissioner or Board to Govern ...................... 787, 793, 905, 907

HB 1800--Lincolnton, City of; mayor and council; term

limitations ........................................... 787, 794, 905, 907

HB 1801--Dawson County; Board of Education; new election

districts .............................................. 851, 858, 947, 951

HB 1802--Jefferson County; Board of Commissioners;

elections; districts; boundaries ........................ 851, 858, 1036, 1039

HB 1803--Jefferson County; Board of Education; election

districts; boundaries ................................... 851, 858, 996, 999

HB 1804--Colquitt County; ad valorem; exemption for

disabled residents ..................................... 788, 794, 905, 907

HB 1805--Murray County; Hospital Authority; board;

vacancies; manner of filling ........'................ 1026, 1032, 1172, 1174

HB 1807--Columbus-Muscogee County Consolidated Government;

mayor, council; nonpartisan elections ................. 787, 794, 1707, 1710

HB 1808--Grady County; Board of Education; election

districts; reapportion .................................. 851, 858, 947, 951

HB 1809--Grady County; Board of Commissioners; election

districts; reapportion .................................. 851, 858, 947, 951

HB 1810--Decentralization; Office of Planning and Budget

to effectuate goals; facilities/space management; factors;

preference .......................................... 989, 994, 1234, 1278,

1548, 1563, 1699, 1775, 1863, 1892, 2040, 2093

HB 1813--Uniform Partnership Act; foreign limited liability

partnerships

1221, 1229, 1342, 1343, 1451, 1530

HB 1814--Dry Cleaners; use of solvents; contaminated sites;

cleanup .......................................... 1128, 1133, 1276, 1343

HB 1815--Henry County; Water and Sewage Authority; members;

compensation ......................................... 851, 858, 947, 951

HB 1816--Taylor County Airport Authority Act;

creation

851, 858, 1707, 1710

HB 1817--East Dublin, City of; council districts; boundary

lines

987, 994, 1073, 1076

HB 1825--Health Care Providers; cooperative agreements for

public advantage 1164, 1167, 1276, 1343, 1451, 1513, 1701, 1735, 1802, 1848

HB 1826--Thomaston, City of; Corporate Limits; deannex

certain property .................................... 939, 944, 1172, 1174

HB 1827--Putnam County; Sheriff; compensation .................. 897, 902, 996, 999

2360

JOURNAL OF THE SENATE

HB 1829--Putnam County; Tax Commissioner; annual

salary ............................................... 897, 902, 996, 1000

HB 1831--Decatur County; State Court; judge;

compensation ........................................ 897, 902, 996, 1000

HB 1833--Kennesaw, City of; Change Corporate

Limits ............................. 897, 903, 1538, 1541, 1547, 1683, 1888

HB 1834--LaGrange, City of; Mayor and Council; powers;

franchise rights for use of streets

897, 903, 996, 1000

HB 1836--Secured Transactions; collateral; notice filing

to perfect interest; financing statement requirements; central

indexing registry ........................ 1128, 1133, 1433, 1435, 1549, 1659

HB 1838--Insurance Commissioner; powers; examinations for

probable cause ............................................... 1163, 1168

HB 1841--East Point; ad valorem; exemption for elderly or

disabled ............................................ 940, 944, 1036, 1039

HB 1844--East Point, City of; Mediation System for Appeals;

create by ordinance ............................... 1162, 1169, 1277, 1280

HB 1845--Blakely, City of; new charter ......................... 987, 994, 1073, 1076

HB 1846--Taliaferro County; Board of Commissioners; election

districts; reapportion; chairperson. .................. 1024, 1032, 1172, 1174

HB 1847--Atlanta, City of; Urban Enterprise Zones;

mixed-use zones; tax treatment... 1495, 1496, 1707, 1710, 1714, 1720, 2305

HB 1849--Lowndes County; Board of Elections and

Registration; creation................................ 939, 945, 1036, 1039

HB 1851--Lowndes County; Board of Commissioners; election

districts; composition; terms. ....................... 1024, 1032, 1172, 1174

HB 1852--Cobb County; State Court; judges; change

compensation ....................................... 939, 945, 1538, 1542

HB 1853--Cobb County; .State Court; judges of second

division; compensation............................... 940, 945, 1538, 1542

HB 1854--Cobb County; State Court; solicitor; change

compensation ....................................... 940, 945, 1538, 1542

HB 1855--Cobb County; Superior Court; clerk, deputy clerk;

change compensation ................................ 940, 945, 1538, 1542

HB 1856--Catoosa County; Superior Court, Probate Court;

clerical help allowance ............................... 940, 945, 1036, 1039

HB 1860--Hearing Aid Dealers and Dispensers; license

renewal; requirements ........ 1223, 1231, 1278, 1434, 1435, 1548, 1562, 2306

HB 1861--Honeybee in Hives; preempt local ordinances which

restrict production ..................................... 1164, 1168, 1234,

1278, 1355, 1425, 1451, 1721, 1752, 1867

HB 1862--Cobb Judicial Circuit; district attorney;

investigators, assistant DAs; compensation

940, 945, 1538, 1542

HB 1863--Cobb County; Civil Service System; dismissals;

hearings; political activity............................ 940, 945, 1538, 1542

HB 1866--Agricultural Commodities Promotion; assessments;

financial reports ............................................. 1163, 1168

HB 1867--Richmond County; Board of Education; budgeting;

budget presentation deadline

1024, 1032, 1872, 1877

HB 1870--Upson County; Board of Commissioners; election

districts; reapportion .............................. 1218, 1226, 1342, 1345

HB 1871--Gwinnett County; Vines Botanical Gardens

Enhancement and Development Authority; create

987, 994, 1342, 1345

HB 1872--City Court of Atlanta; repeal prosecution of

traffic cases............................. 1164, 1168, 1538, 1539, 1721, 1775

HB 1876--Social Circle; city manager; appointment; powers;

duties.............................................. 987, 994, 1172, 1175

HB 1878--Auctioneers; license exemption; lien sales;

self-storage facilities

1127, 1133, 1277, 1343, 1549, 1666

INDEX

2361

HB 1879--Newton County Water and Sewage Authority; revenue

bonds; issuance ..................................... 987, 995, 1073, 1076

HB 1880--Houston County; Board of Elections; repeal Act

establishing

1063, 1070, 1236, 1278, 1349

HB 1881--Houston County; Board of Elections; creation;

successor to present board ......................... 1024, 1032, 1135, 1137

HB 1882--Quitman County; board of education; reconstitute;

appoint superintendent

1024, 1033, 1342, 1345

HB 1884--Cedartown, City of; New Charter ................... 1025, 1033, 1135, 1137

HB 1886--Law Enforcement Integrity Act; unauthorized use

of terminology

1221, 1229, 1433, 1435, 1721, 1766, 1869

HB 1887--Polk County; Water Authority; members;

reappointment, taking of office ..................... 1025, 1033, 1172, 1175

HB 1888--Monroe, City of; Water, Light and Gas Commission;

membership ...................................... 1127, 1134, 1342, 1346

HB 1889--Monroe, City of; City Administrator; appointment;

duties............................................ 1025, 1033, 1172, 1175

HB 1890--Sumter County; Board of Education; reconstitute;

elections; terms; salaries

1025, 1033, 1434, 1436, 1438, 1444, 1704

HB 1892--Medical Students Physician Residency Training

Programs; liability ........................................... 1222, 1231

HB 1894--Liberty County; fire protection

1025, 1033, 1172, 1175

HB 1895--Liberty County; State Court; judge, solicitor;

compensation ..................................... 1025, 1033, 1172, 1175

HB 1898--Macon, City of; Corporate Limits;

change ........................................... 1127, 1134, 1872, 1877

HB 1899--Loganville, City of; Mayor and City Council;

staggered four year terms

1063, 1070

HB 1900--Decatur County; Board of Commissioners; required

vote to act on matters ............................. 1025, 1033, 1172, 1175

HB 1901--Twiggs County; Board of Education; compensation;

monthly meetings ................................. 1025, 1033, 1172, 1175

HB 1902--Twiggs County; Board of Commissioners;

compensation; reports; receipts

1025, 1034, 1172, 1175

HB 1903--DeKalb County; ad valorem school taxes; exempt

elderly residents ............................................. 1025, 1034

HB 1904--DeKalb County; Special Services Tax Districts;

levies; municipalities lying within .............................. 1026, 1034

HB 1905--Waycross, City of; change corporate

limits ............................................ 1334, 1339, 1538, 1543

HB 1906--Georgia Golf Hall of Fame; board of trustees;

additional members ..................... 1065, 1070, 1170, 1236, 1354, 1411

HB 1908--Jasper, City of; change corporate

boundaries ....................................... 1063, 1070, 1172, 1176

HB 1909--Coweta County; Probate Court; judge; nonpartisan

nomination and election ................. 1063, 1071, 1236, 1238, 1239, 1429

HB 1910--Heard County; Probate Court; judge; nonpartisan

nomination and election ................. 1064, 1071, 1538, 1543, 1547, 1705

HB 1911--Alpharetta; ad valorem taxes; exemption for

elderly residents .................................. 1495, 1496, 1707, 1710

HB 1913--Colquitt County; Board of Education; additional

member elected at large; referendum

1064, 1071, 1172, 1176

HB 1915--Cordele Judicial Circuit; judges; county salary

supplement....................................... 1064, 1071, 1172, 1176

HB 1916--Driver's License; suspension; DUI; proof of

complying court order ............................. 1165, 1168, 1433, 1435

2362

JOURNAL OF THE SENATE

HB 1917--DeKalb County; ad valorem; exemption; use of local

option sales tax .............................................. 1064, 1070

HB 1919--Blackshear; municipal utilities; clarify

powers ......... 1064, 1071, 1342, 1346

HB 1920--Muscogee County; board of education; tax levy

rate; certification.................................. 1026, 1034, 1172, 1176

HB 1921--Community Service Boards; employees; unemployment,

workers' compensation; commercial fidelity bonds; indemnification;

insuring; tort claims

1164, 1168, 1433, 1435, 1548, 1633, 1639, 1870

HB 1923--Dublin, City of; board of education; terms;

expiration; election date ........................... 1064, 1071, 1172, 1176

HB 1924--Douglas County; Board of Commissioners; meetings;

change in location................................. 1064, 1071, 1172, 1176

HB 1926--Madison County; Board of Commissioners;

composition; voter referendum proposals

1064, 1071

HB 1928--Marietta, City of; Corporate Limits; deannex

certain area ................................................. 1162, 1170

HB 1931--Walton County Water and Sewerage Authority;

chairman; compensation ........................... 1127, 1134, 1277, 1280

HB 1933--Sugar Hill, City of; Corporate Boundaries; annex

certain property .................................. 1268, 1274, 1434, 1436

HB 1936--Georgia Sports Hall of Fame; powers of nonprofit

corporations ............................ 1217, 1225, 1431, 1435, 1721, 1739

HB 1937--Alapaha, Town of; mayor, council; election; terms;

mayor pro tempore................................ 1162, 1170, 1277, 1280

HB 1938--Marietta, City of; Corporate Limits; deannex and

exclude certain property ........................... 1162, 1170, 1872, 1878

HB 1944--Terrell County Board of Elections and

Registration; creation.............................. 1162, 1170, 1277, 1280

HB 1946--Cobb County; Probate Court; judge and clerk;

compensation ..................................... 1218, 1226, 1538, 1543

HB 1947--Suwanee, City of; change corporate

boundaries ....................................... 1268, 1274, 1434, 1437

HB 1948--Sumter County; Board of Commissioners;

compensation ..................................... 1218, 1226, 1434, 1437

HB 1949--Walton County; ad valorem; homestead exemption;

certain residents .................................. 1220, 1228, 1538, 1543

HB 1950--Libraries or Media Centers; determining books

harmful to minors............................................ 1222, 1231

HB 1952--McDuffie County; Board of Commissioners; chairperson;

compensation .......... 1218, 1226, 1707, 1710, 1715, 1720, 1832, 1854, 1866

HB 1953--Twiggs County; Sheriff; compensation;

benefits

1218, 1226, 1342, 1346

HB 1954--Twiggs County; Probate Court; judges;

compensation; benefits............................. 1219, 1226, 1342, 1346

HB 1955--Twiggs County; Superior Court; clerk;

compensation; benefits

1219, 1226, 1342, 1346

HB 1956--Twiggs County; Tax Commissioner; compensation;

benefits .......................................... 1219, 1226, 1342, 1346

HB 1957--Oconee County; Compensation of Certain Officials;

probate court judge; sheriff; superior court clerk, tax

commissioner; commissioners ....................... 1219, 1227, 1342, 1346

HB 1958--Harris County; ad valorem; exemption; elderly or

disabled residents ................................. 1220, 1228, 1342, 1346

HB 1959--Bartow County; ad valorem; school taxes; exempt

certain residents .................................. 1220, 1228, 1342, 1347

INDEX

2363

HB 1960--Bartow County; ad valorem; exemption; certain

residents; referendum ............................. 1220, 1228, 1342, 1347

HB 1961--Bartow County; ad valorem; school taxes; exempt

elderly residents .................................. 1220, 1228, 1342, 1347

HB 1962--Bartow County; ad valorem; school taxes; exempt

disabled persons

1220, 1228, 1342, 1347

HB 1963--Walton County; Sheriff; vacancy in office; chief

deputy succeed ................... 1219, 1227, 1707, 1710, 1716, 1720, 1867

HB 1964--Bibb County; Civil Service System; change certain

provisions ........................................ 1219, 1227, 1707, 1711

HB 1965--Clermont, Town of; new charter

1219, 1227, 1342, 1347

HB 1966--Hall County; ad valorem; school taxes; exempt

elderly residents .................................. 1221, 1229, 1434, 1437

HB 1967--Cherokee County; Board of Education; members; per

diem............................................. 1219, 1227, 1342, 1347

HB 1968--Cherokee County; ad valorem; school taxes; exempt

elderly persons.................................... 1221, 1229, 1342, 1347

HB 1969--Burke County; Board of Elections and Registration;

creation .......................................... 1219, 1227, 1434, 1437

HB 1974--Cherokee Judicial Circuit; judges; county salary

supplement....................................... 1217, 1224, 1342, 1348

HB 1975--Mount Zion, City of; mayor and council; four-year

staggered terms ................................... 1219, 1227, 1538, 1543

HB 1977--Coffee County; Board of Commissioners; election

districts; reapportion .............................. 1220, 1227, 1434, 1437

HB 1978--Coffee County; Board of Education; election

districts; reapportion

1268, 1274, 1434, 1437

HB 1980--Pulaski County; magistrate court; chief

magistrate; elections; referendum

1220, 1228, 1342, 1348

HB 1982--Hancock County; Board of Education; compensation;

expenses .................................................... 1268, 1274

HB 1983--Hancock County; Board of Commissioners;

compensation; expenses

1268, 1274

HB 1986--Atlanta, City of; Municipal Employees; reporting

fraud, waste, abuse; confidentiality

1495, 1496, 1707, 1711

HB 1987--LaGrange, City of; Mayor, Councilmembers; election

districts; terms; repeal 1993 Act

1334, 1339, 1538, 1543

HB 1988--Middle Judicial Circuit; judges; payment of

expenses ......................................... 1268, 1275, 1434, 1437

HB 1989--Cave Spring, City of; Corporate Limits;

change ........................................... 1268, 1275, 1434, 1437

HB 1990--Columbia County; Sheriff; compensation

increases .................................................... 1334, 1339

HB 1994--Clayton Circuit; superior court; judges; county

salary supplement................................. 1334, 1339, 1538, 1543

HB 1995--Clayton County; Tax Commissioner; change

salary ............................................ 1334, 1339, 1538, 1544

HB 1996--Clayton Judicial Circuit; court reporters; change

compensation ..................................... 1334, 1340, 1538, 1544

HB 1997--Clayton County; Sheriff; change salary

provisions ........................................ 1335, 1340, 1538, 1544

HB 1998--Clayton County; Superior Court; clerk; increase

salary ............................................ 1335, 1340, 1538, 1544

HB 1999--Clayton County; Probate Court; judge; change

compensation ..................................... 1335, 1340, 1538, 1544

HB 2000--Clayton Judical Circuit; district attorney; salary

supplement

1335, 1340, 1538, 1544

2364

JOURNAL OF THE SENATE

HB 2001--Clayton County; Board of Education; chairperson,

members;change compensation

1335, 1340, 1538, 1545

HB 2002--Clayton County; Coroner; change

compensation ..................................... 1335, 1340, 1538, 1545

HB 2003--Clayton County Civil Service System Act............ 1335, 1340, 1538, 1545

HB 2004--Clayton County; Board of Commissioners; change

compensation ..................................... 1335, 1341, 1539, 1545

HB 2005--Clayton-Rabun County Water and Sewer Authority;

financing projects ................................. 1335, 1341, 1539, 1545

HB 2006--Floyd County; Board of Commissioners; residency

requirements

1335, 1341, 1539, 1545

HB 2008--Americus Independent School System; funding;

city/county merger ................................ 1336, 1341, 1539, 1545

HB 2009--Richmond County; Excise Tax on Alcoholic

Beverages; purposes; coliseum, civic center

1424, 1431

HB 2011--Rabun County Building Authority;

creation .......................................... 1424, 1425, 1539, 1545

HB 2012--Vidalia, City of; new charter

1495, 1496, 1707, 1711

HB 2013--Walton County Commission on Children and Youth;

creation .......................................... 1424, 1425, 1708, 1711

HB 2014--Columbia County; ad valorem; exemption; elderly

or disabled persons

1424, 1425, 1539, 1545

HB 2018--Lamar County; Sheriff; filling of vacancies in

office ............................................ 1424, 1425, 1539, 1546

HB 2020--Baldwin County; ad valorem; exempt certain leased

homesteads .................................. 1747, 1772, 1872, 1877, 1911

HB 2021--Mclntosh County; Board of Commissioners; 4-year

term of office; qualifications .............. 1570, 1572, 1872, 1877, 1880, 1882

HB 2022--Richmond County; State Court; additional judge;

chief judge .................................................. 1570, 1572

HB 2023--Rabun County; Board of Commissioners; purchases;

fiscal year and audits.............................. 1495, 1496, 1708, 1711

HB 2024--Floyd County; Hospital Authority; filling of

vacancies

1495, 1496, 1708, 1711, 1716, 1720, 1867

HB 2025--Barnesville; city manager, supervisors;

appointment; suspension ........................... 1495, 1496, 1708, 1711

HB 2026--Sugar Hill, City of; ad valorem taxes; exemption;

elderly residents .................................. 1495, 1496, 1708, 1711

HB 2027--Perry-Houston County Airport Authority; area of

operation; members

1495, 1497, 1708, 1712

HB 2028--Pendergrass, City of; new charter ................... 1832, 1844, 1872, 1877

HB 2029--Harris County; Board of Commissioners; election

districts .......................................... 1570, 1572, 1707, 1712

HB 2030--Molena, City of; mayor and councilmembers;

two-year terms.................................... 1570, 1572, 1707, 1712

HB 2031--Atlanta-Fulton Family Connect Authority;

creation ............ ........................................ 1571, 1572

HB 2032--Warner Robins, City of; Mayor and Council; powers;

duties; compensation; city manager;

corporate limits ................................... 1571, 1573, 1707, 1712

HB 2033--Dawson County; Tax Commissioner; change

compensation ..................................... 1571, 1573, 1707, 1712

HB 2034--Decatur; ad valorem; increase exemption for

elderly residents .................................. 1572, 1573, 1707, 1712

HB 2035--Treutlen County; Board of Education;

compensation

1571, 1573, 1707, 1712

INDEX

2365

HB 2036--Hart County Industrial Development Authority;

creation .......................................... 1571, 1573, 1707, 1712

HB 2037--Bacon County; Board of Education; chairperson,

members; compensation ........................... 1571, 1573, 1707, 1712

HB 2038--Houston County School District Building Authority;

creation .......................... 1571, 1573, 1707, 1713, 1716, 1720, 1867

HB 2039--Crawford County; Board of Commissioners;

compensation ..................................... 1571, 1573, 1707, 1713

HB 2040--Mclntosh County; Sheriff; salary; expense

allowance; additional deputies

1571, 1573

HB 2041--Mclntosh County; Tax Commissioner; compensation

and fees; personnel........................................... 1571, 1574

HB 2042--Atkinson County; Board of Commissioners; election

districts; reapportion .............. 1571, 1574, 1707, 1713, 1716, 1720, 1869

HB 2043--Spalding County; Probate Court; judge; nonpartisan

elections ......................................... 1572, 1574, 1707, 1713

HB 2044--Spalding County; Magistrate Court; chief

magistrate; nonpartisan elections ................... 1572, 1574, 1707, 1713

HB 2045--Spalding County; ad valorem; exemption for certain

residents ......................................... 1572, 1574, 1707, 1713

HB 2046--Griffin-Spalding County School District Ad Valorem

Taxes; exempt certain residents .................... 1572, 1574, 1707, 1713

HB 2048--Richmond County; Civil Court; chief judge; powers,

duties; transfer of cases............................ 1747, 1772, 1872, 1877

HB 2052--Cherokee County; Board of Education; change per

diem ............................................. 1747, 1772, 1872, 1877

HB 2054--Walker County; Magistrate Court; chief magistrate;

compensation ..................................... 1747, 1772, 1872, 1878

2366

JOURNAL OF THE SENATE

HOUSE RESOLUTIONS

HR 91--Joint Study Commission on Revenue Structure;

re-creating

No action in 1994

HR 96--Wilson, Nina; claims against the state;

compensate ........................................... No action in 1994

HR 124--Lewis, Walter; claims against the state;

compensating ..................... 1223, 1232, 1535, 1539, 1787, 2039, 2198

HR 215--MARTA Overview Committee; extend to July 1, 1998;

joint resolution ............................. 312, 316, 619, 640, 1451, 1502

HR 242--Joint Steering Committee for Georgia General

Assembly's Conference on Access to Health Care

35, 44

HR 259--Helton, Jimmy; claims against the state;

compensating ................................ 1223, 1232, 1535, 1539, 1788

HR 263--Winkler, Craig J.; claims against the state;

compensate ............................................. 1535, 1539, 1789

HR 339--Selph, Shirley; claims against the state;

compensating ........................... 1223, 1232, 1535, 1539, 1789, 1870

HR 360--Regional Development Centers; territorial

boundaries; ratify transfer of certain counties

35, 44

HR 398--Education Accountability and Evaluation

Commission

No action in 1994

HR 463--State Capitol; placement of portraits; Janette

McGarity Barber; Leroy Johnson

26, 947, 997, 1451

HR 555--Board of Regents; restriction on use of funds;

amend Constitution .......................................... 1224, 1231

HR 651--House of Representatives Convened; notify Senate

26

HR 652--Notify Governor; General Assembly convened

26, 27

HR 654--General Assembly; joint session; state of state message

55

HR 655--Justices and Appellate Judges; invite General

Assembly Session ................................. 26, 27

HR 656--Joint Session; message from Chief Justice Supreme Court;

January 12 ................................................ ..... 27, 69

HR 657--General Assembly; joint session; budget message;

January 13 ...................................................... 27, 82

HR 658--Adjournment; January 14 to January 24; January 27

to February 1............................................... 28, 106, 254

HR 662--Joint Study Commission on Revenue Structure;

re-create ................................ 277, 281, 353, 381, 491, 538, 543

HR 664--Joint Regional Hospital Study Committee

1425,

1431, 1538, 1539, 1721, 1746

HR 668--Designate; Howard "Bo" Warren Parkway; portion U.S. 84;

Wayne County

636, 639, 796, 859, 1288, 1322

HR 709--Alcoholic Beverage Sales and Activities Involving

Nudity; local authority; regulatory ordinances; amend

Constitution

789, 793, 946, 997, 1041, 1060

HR 712--Pilot Court Programs of Nonuniform Jurisdiction;

amend Constitution

1165, 1169, 1433, 1435, 1722, 1784

HR 726--Joint Study Committee on Historic Dramas

1129, 1133

HR 727--Auto Emissions; EPA centralized test site program;

urging delay of ................................................ 755, 759

HR 730--Designate; Ray McKibben Medal of Honor Highway;

Haralson County

636, 639, 796, 859, 1002, 1040, 1059

INDEX

2367

HR 744--Property Conveyance; Brooks County; National Guard

Armory land................................ 526, 531, 618, 640, 1288, 1323

HR 767--Horn, Louis, III; claims against the state;

compensate.................................. 1223, 1232, 1536, 1539, 1790

HR 768--Designate; Vendie Hudson Hooks, Sr. Memorial

Highway; Emanuel County ................... 636, 639, 797, 859, 1288, 1323

HR 773--Designate; Herbert A. Saliba Bridge; State Highway

90; Dooly County ........................... 636, 640, 797, 859, 1240, 1266

HR 780--African American Business Enterprise Day;

proclaim ...................................................... 185, 193

HR 782--African American Business Enterprise Day;

proclaim ...................................................... 185, 193

HR 791--Official Folklife Play; designate "Swamp Gravy" in

Miller County ................................................. 185, 194

HR 796--Air Pollution; business emission reducing measures;

incentive credit ..................... 755, 759, 1036, 1073, 1549, 1667, 1870

HR 808--Disabled Persons; family stability support;

development of plans .................... 1165, 1169, 1276, 1343, 1549, 1671

HR 814--Cave Spring; convey portion old campus Ga. School

for Deaf to city ............................. 612, 616, 794, 859, 1288, 1324

HR 815--World War II Veterans; honoring; authorize study

for a monument

613, 617, 1433, 1435, 1723, 1840

HR 816--Brunswick; convey historical Lissner House to

city ........................................ 612, 617, 794, 859, 1288, 1325

HR 817--Brunswick; sell surplus Labor Department property

by competitive bid .......................... 612, 617, 794, 859, 1288, 1326

HR 818--Kennesaw; lease certain W&A Railroad right-of-way

to city ....................................... 612, 617, 794, 859, 957, 978

HR 819--Lease of State Property; Air National Guard Armory;

Chatham County............................ 612, 617, 794, 859, 1288, 1326

HR 823--City of Millen; reversion of certain property to

state; sell by bid

...... 612, 617, 794, 859, 1288, 1327

HR 824--Designate; Jerry D. Jackson Bridge across Lake

Lanier; Hall County

1027, 1031, 1277, 1343, 1722, 1780

HR 826--Augusta Canal Authority Master Plan;

commend............................................. ........ 312, 319

HR 842--Bryan County; state-owned TV transmitter tower;

lease agreement

613, 617, 794, 859, 1288, 1328, 1534

HR 859--Property Conveyance; Black Rock Mountain State

Park; lease of land .......................... 613, 617, 794, 859, 1288, 1330

HR 860--Deer; special hunts to curb overpopulation;

criteria; inform public

613, 641

HR 861--Property Conveyance; Black Rock Mountain State

Park; lease of land

613, 617, 794, 859, 1041, 1061

HR 863--Designate; Carlton H. Colwell Probation Detention

Center ................................. 1166, 1169, 1341, 1343, 1548, 1565

HR 875--Health Care Reform/Managed Care Conference;

steering committee

1165, 1169, 1276, 1343, 1724, 1859, 2182, 2306

HR 877--Bike-to-Work Day in May; recognizing

480, 488

HR 906--Scoggins, Nelson 0.; claims against the state;

compensate....................... 1223, 1232, 1536, 1539, 1791, 1866, 2052

HR 907--Columbus; softball competition situs; Ga. Ports

Authority property ........................ 899, 903, 1034, 1073, 1288, 1330

HR 921--Aged and Disabled Transportation Task Force;

creation ............................................... 1028, 1031, 1433,

1435, 1549, 1645, 2185, 2201, 2302

2368

JOURNAL OF THE SENATE

HR 925--Designate; Private George W. Lee, Jr. Memorial

Bridge; James E. "Billy" McKinney Bridge ..................... 1028, 1032,

1277, 1343, 1723, 1857, 2307

HR 926--Cook, James C.; claims against the state;

compensating ..................... 1223, 1232, 1536, 1539, 1792, 2244, 2266

HR 937--Agricultural Activities for Olympic Games; GA 96

AG Joint Steering Committee

1165, 1169, 1234, 1278, 1355, 1450, 1477

HR 943--Health Care Providers; contracts, agreements having

public advantage but -lessening competition; amend

Constitution ........... 1218, 1225, 1276, 1343, 1451, 1548, 1630, 1864, 2089

HR 961--Designate; Ralph "Country" Brown Highway; Chattooga

County................................. 1129, 1134, 1277, 1343, 1549, 1666

HR 962--Georgia State Museum and State Library Facilities

Study Commission ...................... 1027, 1032, 1433, 1435, 1549, 1670

HR 966--American Indian Tribal Cemetery; Eastern Cherokees;

Lumpkin County............................................. 1066, 1070

HR 967--Designate; Hardy Durham Faulk, Sr. Memorial Bridge;

place of portrait of Janette McGarity Barber ................... 1129, 1134,

1277, 1343, 1723, 1856, 2040, 2158

HR 975--General Assembly; Adjournment; February 18 to

February 21 ............................................... 789, 803, 850

HR 986--Aviation Museum; urge designate Roy H. (Sonny)

Watson Building ............................................. 1165, 1169

HR 1001--Property Conveyance; Richmond County; minor league

baseball facility .............................................. 1129, 1134

HR 1002--Property Conveyance; Chatham and Gwinnett

Counties; property leases

... 1129, 1134, 1432, 1435, 1548, 1622, 1870

HR 1003--Fort Yargo State Park; leased land; exchange with

Barrow County ......................... 1217, 1225, 1432, 1435, 1723, 1837

HR 1012--Big Tired Creek Recreation Area; Grady County;

deed of conveyance ............... 1066, 1070, 1171, 1236, 1289, 1331, 1534

HR 1032--Antiques Trail, Georgia; designate highway route;

certain communities .......................................... 1066, 1074

HR 1037--Designate; Reginald Trice Parkway; Bibb

County................................. 1221, 1229, 1277, 1343, 1723, 1855

HR 1039--Cherokee County Property Tax Structure Study

Committee ....................................... 1270, 1275, 1434, 1437

HR 1067--General Assembly; Adjournment; March 4 to

March 7 .................................................... 1249, 1333

HR 1126--Little Ocmulgee State Park; designating "Thaxton Lane"

1532, 1540

INDEX

2369

PART III

ALPHABETICAL INDEX

AARP DAY AT THE CAPITOL ON FEBRUARY 10; declaring. ........... SR 377

ABNEY, GEORGE M.; Distinguished UGA Professor; commend.

SR 446

ACADEMIC RECOGNITION DAY; University System Scholars; commend. SR 605

ACWORTH, CITY OF; corporate limits, boundaries; official map.

HB 1650

AD VALOREM TAX (Also See Revenue and Taxation and

Homestead Exemption)

Aircraft; county to make return; primary home base where hangered.

HB 1654

Appraisers of County Property for Tax Purposes; license exception.

SB 266

Assessment; changing valuation established on appeal; investigation. ......... HB 1196

Assessments; appeal procedures; response timing; filing by mail.

HB 1436

Assessments; appeals; temporary tax bills; notice; interest. .................. HB 1207

Assessments; millage rate adjustments; taxing jurisdiction duties.

HB 554

Assessments; taxpayer appeal procedures; hearings; trials; costs.

SB 296

Assessments; taxpayer appeals; written decisions; specify reasons.

HB 328

Authorization for State Purposes or Increasing; requirement to enact............. SR 6

Code Revision; obsolete Acts based population classification; repeal.

SB 645

Conservation Use Covenants; value tables; prior agricultural land.

HB 1760

Conservation Use Value, CUV; original covenants; property transfers.

SB 506

County Boards of Equalization; appeal decisions; additional boards.

HB 328

County Boards of Equalization; members; required appraisal training.

HB 1506

County, Municipal; sharing tax proceeds; develop regional facilities.

SR 203

Enterprise Zones; classification of property; amend Constitution.

SR 495

Enterprise Zones; property exempt county, municipal tax; referendum.

SB 166

Enterprise Zones; separate taxation treatment of property.

SR 206

Exempt Housing Developed for Low-income Persons; amend Constitution.

SR 407

Exempt State Property; municipal loss of revenue; committee to study.

SR 550

Exempt State Property; state's liability for in lieu tax payments.

SB 685

Exemption; blueberry plants; referendum in individual counties.

HB 664

Exemption; certain veterans facility; state referendum.

HB 1297

Homestead Exemption; application filing date.

SB 472

Homestead Exemption; application; improper filing; surviving spouse.

HB 835

Homestead Exemption; elderly in each county; state-wide referendum.

SB 394

Homestead Exemptions; levying of a local option sales, tax to fund.

HB 1222

Hospital Authorities; counties of 50,000 or more; leased floor space.

HB 674

Housing; property taxes; study of barriers to affordable housing. .............. SR 406

License Plates; registration of trailers; permanent; one time fee.

HB 1342

Local Property Tax Amnesty Program Act; penalty waivers. .................. SB 506

Mobile Homes; location permits; moving without decals; penalties.

SB 209

Mobile or Manufactured Homes; certification of tax payment.

HB 1233

Property Assessment; limitations on increases; amend Constitution.............. SR 92

Refer to numerical index for page numbers

2370

JOURNAL OF THE SENATE

AD VALOREM TAX (Continued)

Property Tax Sales; redemption price; change amount required. .............. HB 565

Property Valuation; criteria; fair market value; timber valuation.

SB 233

School Taxes; impose statewide 1% sales tax to replace ad valorem.

SR 525

Schools; reliance on property taxes; study of alternative sources.

HR 91

Tax Assessors; county boards; ineligible member; certain appraiser.

HB 1693

Tax Assessors; county boards; members; term of office.

SB 158

Tax Assessors; county boards; notices; appeals; arbitration.

HB 1504

Tax Collectors, Commissioners; final settlement of accounts.

HB 567

Tax Commissioners, Collectors; salaries; increase minimum amount. ....... . ... SB 282

Tax Executions; demand for immediate payment or bond; findings.

HB 1267

Tax Executions; personal property; time of issuance; taxpayer notice. ........ HB 1268

Tax Executions; recording judgment on general docket without fee............. SB 534

Tax Receivers; duties; certification of tax digests. ............................ SB 659

Vehicle Registration; false statements; penalty for false swearing............. HB 1214

ADAMS, RAYMOND "BODIE"; commend.

SR 399

ADDICTION COUNSELORS; chemical dependency treatment; license exemption. ...................................................... HB 1330

ADJOURNMENT

General Assembly; February 11 to February 14............................... SR 501

General Assembly; February 18 to February 21.............................. HR 975

General Assembly; February 25 to February 28..... SR 563

General Assembly; January 14 to January 24; January 27 to February 1. ...... HR 658

General Assembly; March 4 to March 7. .................................. HR 1067

General Assembly; March 9, reconvene March 14; adjourn March 14,

reconvene March 16 and adjourn sine die.................................. SR 600

General Assembly; urge alternative 4-day week Session schedule.

SR 290

ADMINISTRATIVE PROCEDURE ACT

Health Planning Agency Decisions; appeal hearings; operation of law.

SB 627

Office of State Administrative Hearings; creation.

HB 1443

Remedies for Residents of Personal Care Homes; enact.

SB 651

State Agencies; contested cases; administrative procedure. ..................... SB 77

State Agencies; proposed regulations; transmit to General Assembly............ SB 457

ADMINISTRATIVE SERVICES DEPARTMENT Records; data on minority business participation in state contracts. Records; report minority business participation in state contracts.

SB 207 SB 134

ADOPTION Male Child; cessation of family surname upon change at adoption. Proceedings; standing orders restraining parties; certain actions.

SB 672 HB 679

ADVANCED PLACEMENT/AP TESTING FEES; private high school students............................................................ SB 515

ADVERTISING (Also See News Media) Residential Mortgage Lenders; advertisements for loans; requirements. State Marketing Resources; expenditure on media outlets accepting political advertising from qualified candidates.

SB 106 HB 1362

AFRICAN-AMERICAN COMMUNITY African American Business Enterprise Day; proclaim. African American Business Enterprise Day; proclaim. African American Business Enterprise Day; recognizing. Urge Economic Self-Sufficiency; Silver Rights Manifesto.

HR 780 HR 782
SR 96 SR 554

Refer to numerical index for page numbers

INDEX

2371

AGED (See Elderly)

AGED AND DISABLED TRANSPORTATION TASK FORCE; creation. HR 921

AGING COUNCIL; members introduced Page 499

AGRICULTURE

Ad Valorem; agricultural land; values; conservation use covenants.

HB 1760

Ad Valorem; agricultural land; values table; conservation use covenants;

charitable property transfers. ............................................ SB 506

Agricultural Commodities Promotion; assessments; reporting use of.

HB 1866

Agricultural Exposition Authority; legal actions; jurisdiction; Superior

Court of Houston County. ............................................. HB 1191

Agriculture Community of Georgia; recognizing............................... SR 535

Agrirama Development Authority; prior service credit for retirement.

HB 685

Blueberry Plants; exempt ad valorem taxation; referendum approval.

HB 664

Code Revision; Title 2; correct errors and omissions. ....................... HB 1208

Commissioner; election by majority votes cast. ............................... SB 680

Commissioner; election by plurality of votes; amend Constitution.

SR 536

Commissioner; limitation of terms of office.

SR 5

Commissioner; limitation of terms of office................................... SR 140

Cotton Museum; designate official state museum in Dooly County.

SR 426

Crop Protection Chemicals; urge actions to address disposal issues.

SR 486

Employees of Agricultural Commodity Commissions; retirement credit.

HB 959

Emus Birds; commercial production and farming; urge study of................ SR 330

Farm Operations Excluded Local Business Occupation Tax; clarify.

HB 1613

Growing Crops; collateral in secured transactions; filing to perfect

security interest. ...................................................... HB 1836

Honeybee Producton; preemption of restrictive local ordinances.

HB 1861

Llama Activity Sponsors or Professionals; liability for injuries.

SB 571

Migrant and Seasonal Farm Workers; access to health care; study of.

SR 336

Migrant Students; educational programs; grant funds for schools.

SB 647

Official State Crop; designate the peanut.

HB 1798

Olympic Games Involvement; GA 96 AG Joint Steering Committee.

HR 937

Petroleum Pipeline Siting; land use impact; committee to study.

SB 626

Poultry Production; additional road corridor; East-west Highway.

HB 1767

Products; sales tax exemption; sales by producers to consumers; fruits,

nuts, vegetables, Vidalia onions or truck crops.

HB 786

Seed Arbitration Council; purchaser complaints against seed sellers.

HB 1641

Sharecroppers; future crops due; secured transactions of landowner.

HB 73

Theft of Growing or Unharvested Commercial Crops; fines.

HB 1277

Timber Production; off-road equipment; sales tax exemption.

HB 1762

Tobacco Warehousemen; commissions on gross sales; maximum charges.

HB 1344

Tractors and Farm Equipment; rented or leased; failure to return;

offense of theft by conversion.

HB 1358

Water Pumping Systems; irrigation contractors; licensure.

HB 516

Wildlife; damage to crops; study of population control.

SR 259

AIDS OR HIV INFECTIOUS DISEASES AID Atlanta Pediatric Department; commend. AIDS Prevention Instruction in Public Schools; course materials. AIDS Transmitting Crimes; juvenile offenders; HIV test; confinement. AIDS Transmitting Crimes; juvenile offenders; HIV testing; victims. Immigration Policy Prohibiting HIV Infected Persons Entry; endorse. Persons Taken Custody; AIDS confidential information; disclosure. Sex Education; public school course materials; parental rights.

SR 633 SB 37 SB 440 SB 632 SR 214 HB 1186 SB 274

Refer to numerical index for page numbers

2372

JOURNAL OF THE SENATE

AIDS OR HIV INFECTIOUS DISEASES (Continued) Sex Education; public schools; AIDS prevention instruction; content. Sex Education; public schools; curriculum; parental review, consent. Transmission to Arresting Law Enforcement Officers.

SB 246 SB 292 HB 162

AIRPORTS (See Aviation)

ALAPAHA, TOWN OF; mayor, council; election; terms; mayor pro tempore. HB 1937

ALBANY; state's next major airport; urge centrally located to Albany.

SR 579

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Also See Driving

Under Influence or Motor Vehicles)

Addiction Counselors; scope of practice; license exemption.

HB 1330

Alcohol-free Workplaces; testing; injuries due intoxication denied.

SB 235

Alcoholics; psychiatric evaluations by clinical nurse specialists.

SB 312

Code Revision; obsolete Acts based population classification; repeal. ........... SB 645

Code Revision; Title 3; correct errors and omissions.

HB 1208

Distilled Spirits; containers, bottle size restrictions; in-room hotel

service; retail consumption dealers.

HB 912

DUI; administration of chemical tests; duty of arresting officer. ............... SB 459

DUI Alcohol or Drugs; child endangerment; felony penalty. ................... SB 614

DUI Alcohol or Drugs; prohibitions while operating watercraft.

SB 601

DUI Alcohol/Drug Use Risk Reduction Programs; criteria; bonds; fees.

HB 1399

DUI; blood-alcohol testing; open container of alcohol in vehicle.

SB 549

DUI; blood-alcohol testing; open container of alcohol in vehicle.

SB 562

DUI; chemical test for blood alcohol; arresting officer duties................... SB 163

DUI Conviction; mandatory sentences; addiction counseling; probation.

SB 475

DUI; court order to attend alcohol/drug course; proof of compliance.

SB 574

DUI; driver's license applicants pledge; penalties for violations.

SB 402

DUI; driver's license suspension for first or subsequent offenses................. SB 27

DUI; driver's license suspension; 1st offense; prior arrests; criminal

(penalties; limited permits; minors; testing machines; legal notices.

SB 418

DUI; driver's license violation points; nolo contendere pleas.

SB 423

DUI; drivers under age 21; .02 grams of alcohol; license suspension.

SB 674

DUI; habitual violators; issuance of probationary driver's license.

HB 1471

DUI; minors; .02 blood-alcohol; nolo contendere plea unacceptable.

SB 419

DUI; person's charged; jury trial waived; disposition of case.

SB 421

DUI; prosecution; prohibit dismiss charges, plea to a lesser offense.

SB 422

DUI; third or subsequent conviction; publish notice in newspaper.

SB 119

DUI Traffic Convictions; court records; copy to insurance company.

SB 420

DUI Traffic Offenses; proof of complying Alcohol/Drug Use Program. ........ HB 1916

DUI Violators; driver's license suspension; limited driving permits.

SB 417

DUI Violators; homicide by vehicle; increase imprisonment penalty.

SB 520

DUI Violators; homicide by vehicle; where bailable; jail detention.

SB 404

DUI Violators; minimum mandatory sentences; vehicle forfeiture.

SB 403

DUI Violators; teenage drivers; driver's license suspended one year.

SB 406

Excise Taxes in Counties of 185,000-195,000; use of proceeds.

HB 2009

Firearms; unlawful possession; persons under influence of alcohol.

SB 121

Injury or Death Due to Intoxication; workers' compensation denial.

HB 1505

Mental Health Patients; transportation services; use of restraints.

SB 443

Open Containers; possession by front seat passengers prohibited.

SB 128

Revenue Agents, Enforcement Officers; weapon and badge retention.

HB 311

Sale or Consumption on Premises and Activities Involving Nudity;

local regulatory authority.

HR 709

Sales for Consumption on Premises; Georgia Sports Hall of Fame.

HB 1187

Refer to numerical index for page numbers

INDEX

2373

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Continued) Sales on Sundays for Consumption on Premises; certain municipalities. Sales Within Certain Distance Churches, Schools, Treatment Centers. School Bus Drivers; alcohol use during working hours; random testing. Supermarkets, Grocery Stores; polling places; sales on election days. Tax on Sales, Seller License Fees; funds for public safety purposes. Workers' Compensation; injuries due intoxication or drug use denied.

SB 314 SB 301 HB 372 SB 95 SB 228 SB 235

ALCOVY JUDICIAL CIRCUIT; Superior Court; third judgeship; Newton, Walton Counties. ................................................. SB 615

ALEXANDER, LAMAR; introduced, remarks Page 1322

ALIEN RESIDENTS Identification Cards; nonofficial personal ID; retail establishments. Illegal Aliens Ineligible Workers' Compensation Benefits. Ineligible public assistance benefits; acute medical care. Migrant Students; educational programs; grant funds for schools. Refugees Making Homes in Georgia; commend contributions. Resident of Georgia Defined for Driver's License Purposes.

SB 541 SB 501 SB 164 SB 647 SR 510 SB 518

ALIMONY Divorce Cases; court render judgment without verdict of a jury. Divorce Cases; court shall render judgement; procedures. Issuance of Standing Orders Restraining Parties from Certain Actions. Spouses Living Separately; maintenance actions; venue rules.

SR 141 SB 174 HB 679 SR 392

ALLEN, SENATOR ROY Excused, death in family Page 68 Excused, illness in family Pages 159, 192, 260 Excused, personal business Page 1136

ALLIGATORS; wild animal classified as dangerous; conditional license.

HB 1541

ALPHA KAPPA ALPHA SORORITY, INC.; recognizing.

SR 543

ALPHARETTA, CITY OF Ad Valorem; homestead exemption; elderly residents; referendum. Municipal Court; jurisdiction; appeals; judge; solicitor, assistants.

HB 1911 SB 679

ALZHEIMER'S DISEASE; Family Caregiver Support Act.

SB 648

AMATEUR RADIO OPERATORS; special license plates; one free plate. HB 1221

AMBULANCES (Also See Emergency Medical Services) Emergency Medical Technicians; obstruct or hinder duties; penalty. Emergency Services; license requirements; invalid car or operator. Exclusion as to Motor Common Carrier Regulations in Title 46.

HB 659 HB 1426 HB 391

AMERICUS INDEPENDENT SCHOOL SYSTEM; funding; city/county merger. ................................................................ HB 2008

AMICALOLA EMC CORPORATION; power line easement; Dawson County. SR 467

AMUSEMENT GAME MACHINES; coin operated; master license fees; permits.................................................................. HB 800

ANATOMICAL GIFTS (Also See Organ Donors); organ donors; driver's license applicant fees reduced.

HB 1547

ANDERSON, DR. WILLIAM G.; honoring.

SR 629

ANDREWS, LEE BETH; Heart Association Child of Year, introduced

Page 1475

Refer to numerical index for page numbers

2374

JOURNAL OF THE SENATE

ANESTHESIOLOGY; committee to study patient care, pain management.

SR 568

ANIMALS

Bears; permission for killing; owners of damaged property.

HB 112

Guide or Service Dogs Accompanying Trainers; rights. ..................... HB 1469

Llama Activity Sponsors or Professionals; liability for injuries.

SB 571

Uncontrolled Breeding of Dogs, Cats; sterilization requirement.

HB 1181

Wild Animals Classified as Dangerous; license, permits to possess;

insurance requirements; wolf hybrid permits.

HB 1541

ANNEXATION

Municipal Corporate Limits; deannexation method; procedures. ............. HB 1544

Municipal; property in constitutionally created industrial areas.

SR 509

ANTI-MOTOR VEHICLE HIJACKING ACT OF 1994; enact.

HB 1080

ANTIQUES TRAIL, GEORGIA; designate highway route; certain communities. ........................................................... HR 1032

ANTITRUST LAWS

Health Care Providers; cooperative agreements for public advantage.

SB 673

Health Care Providers; cooperative agreements for public advantage.

HB 1825

Health Care Providers; exempt certain contracts, agreements. ................ HR 943

Health Care Providers; exempt certain contracts of public advantage.

SR 531

APPEALS AND ERROR

Appellate Court; appeal applications; extend period of response.............. HB 1189

Appellate Court; appeals; grounds for dismissal; nonpayment of costs.

SB 581

Appellate Court; docketed appeals; filing supersedeas bond.

HB 1188

Appellate Judges; create state commission to establish compensation.

SR 456

Appellate Judges; firearms possession exemption. .......................... HB 1209

Appellate Judges; Governor's appointees subject Senate confirmation.

SR 429

Appellate Judges; invite General Assembly Session. ......................... HR 655

Criminal Cases; defendant right to cross appeal; procedures.

HB 109

Criminal Cases; juveniles accused designated felony acts.

SB 440

Evidence; transcription by court reporters; trial judge discretion.

SB 356

Health Planning Agency Decisions; administrative remedy; hearings.

SB 627

Juvenile Delinquency Criminal Cases; right of state for direct appeal

to Appellate or Supreme Court. ........................................ HB 1687

Marijuana Possession; misdemeanor convictions; bail.

SB 576

Motion for New Trial; preparation of transcript; extension of time.

SB 33

Office of State Administrative Hearings; creation. .......................... HB 1443

Superior Courts; appeals or transferred actions; disposition; fees.

SB 486

APPLING COUNTY

Ad Valorem Taxes; homestead exemption; elderly residents; referendum.

SB 678

Board of Commissioners; new election districts. ............................ HB 1757

Board of Education; members; nonpartisan election; referendum.

SB 706

Board of Education; new election districts. ................................ HB 1756

Magistrate Court; chief magistrate; nonpartisan election; referendum.

SB 705

Probate Court; judge; nonpartisan election; referendum.

SB 707

APPOINTMENTS BY GOVERNOR

PAGES 931, 2109

Adams, Herbert Jr. ............................................... Pages 932, 2112

Adams, Stephen J. ................................................ Pages 932, 2112

Alien, James L.................................................... Pages 933, 2114

Alien, Terrell..................................................... Pages 934, 2114

Alien, Virginia R. ................................................. Pages 935, 2116

Armour, Charles R. ............................................... Pages 933, 2113

Refer to numerical index for page numbers

INDEX

2375

APPOINTMENTS BY GOVERNOR (Continued)

Bailey, Joseph Peyton Jr........................................... Pages 935, 2115

Baldwin, Beauty P. ............................................... Pages 935, 2115

Barron, W. Frank Jr............................................... Pages 934, 2114

Bascuas, Joseph .................................................. Pages 935, 2116

Bice, Florence Ann................................................ Pages 936, 2117

Bigham, Norman C................................................ Pages 936, 2117

Billingslea, Albert............................................ Pages 933, 2110, 2113

Bohler, C. Emory

Pages 934, 2114

Brown, Danny J................................................... Pages 931, 2111

Brown, Dewey C. Jr. .............................................. Pages 932, 2113

Brown, Lewis P. Jr. ............................................... Pages 935, 2116

Brown, William Crews

Pages 933, 2113

Browne, Donald T................................................. Pages 935, 2115

Burns, Vera Eileen

Pages 935, 2116

Bush, W. Don

Pages 937, 2118

Cannestra, Kenneth W........................................ Pages 937, 2110, 2118

Carey, Tom ...................................................... Pages 935, 2116

Carithers, Jane

Pages 934, 2114

Carson, Wit B., Ill................................................ Pages 935, 2115

Carter, Juanita ................................................... Pages 937, 2118

Caswell, J.D. ..................................................... Pages 935, 2115

Cheatham, Rebecca A. ............................................ Pages 937, 2118

Claiborne, Ruth .................................................. Pages 934, 2115

Collins, Ralph L. ................................................. Pages 932, 2112

Cowart, James H.................................................. Pages 932, 2113

Davis, Glenda Hawkins............................................ Pages 935, 2115

Dawkins, Harrill .................................................. Pages 937, 2118

Deaton, Edward V. ............................................... Pages 936, 2117

DeSantis, Peter A. Jr. ............................................. Pages 932, 2112

Doane, Christine B. ............................................... Pages 935, 2116

Dobbs, William L. ................................................ Pages 935, 2116

Dolliver, Sharon .................................................. Pages 933, 2114

Donaldson, Tommie M. Jr. ........................................ Pages 933, 2113

Doss, Sam W. Jr. ................................................. Pages 935, 2115

Driebe, Norma ................................................... Pages 933, 2113

Driscoll, Barbara M. .............................................. Pages 937, 2118

Dumas, Lillie ..................................................... Pages 933, 2113

Dunwoody, Susan

Pages 932, 2112

Edenfield, Mary .................................................. Pages 931, 2111

Edgecombe, Kay Lynette .......................................... Pages 932, 2112

Elliott, Ronald E. ................................................. Pages 934, 2114

Evans, Dwight H. ............................................ Pages 937, 2110, 2118

Evans, Joyce ..................................................... Pages 932, 2112

Evans, Rosemary K. .............................................. Pages 934, 2115

Fincher, Fred Thomas Sr. ......................................... Pages 937, 2118

Flanagin, Virginia Wilson

Pages 937, 2117

Fowler, Walter C. ................................................. Pages 932, 2112

Franklin, Louisa .................................................. Pages 935, 2116

Gale, Donald P. .................................................. Pages 936, 2117

Garner, Cyler..................................................... Pages 934, 2114

Garner, Wayne

Pages 936, 2116

Goldstein, Maxine ................................................ Pages 933, 2113

Goodman, Gwen .................................................. Pages 937, 2118

Refer to numerical index for page numbers

2376

JOURNAL OF THE SENATE

APPOINTMENTS BY GOVERNOR (Continued)

Greeson, Ann ..................................................... Pages 935, 2116

Hadley, Isaac S. .................................................. Pages 933, 2113

Hamby, Thelon A. Ill ............................................. Pages 933, 2114

Hampton, Frank L. ............................................... Pages 934, 2114

Harris, Mamie .................................................... Pages 937, 2117

Hodges-Tiller, Brenda ............................................. Pages 933, 2113

Howell, Hilton Hatchett Jr. ........................................ Pages 933, 2114

Hudson, Charles D. ............................................... Pages 932, 2113

Hudson, Janie .................................................... Pages 935, 2116

Hunt, Eugene .................................................... Pages 937, 2118

Hunt, John....................................................... Pages 934, 2114

Inglehart, Brenda ................................................. Pages 933, 2113

Jackson, H. Calvin

Pages 935, 2115

Jenkins, Ed

Pages 937, 2110, 2118

Johnson, Greer ................................................... Pages 937, 2118

Jones, Harley Kemp

Pages 936, 2116

Junnier, George E. ................................................ Pages 936, 2117

Kelley, Ouida S. .................................................. Pages 934, 2114

Kidd, William W.................................................. Pages 931, 2111

Kinard, Robert W. ................................................ Pages 934, 2114

Knox, Alfred, Sr. ................................................. Pages 936, 2117

Lambert, Vickie A................................................. Pages 935, 2116

Lemley, James L. ................................................. Pages 934, 2114

Levitas, Barbara .................................................. Pages 937, 2118

Locklin, James Robert ............................................ Pages 932, 2112

Lovett, Elizabeth ................................................. Pages 936, 2117

Maddox, Eugene T. ............................................... Pages 937, 2118

Mahan, Frances H. ............................................... Pages 936, 2117

Mason, Welcome Emerson

Pages 936, 2117

Mather, John R. .................................................. Pages 935, 2115

McDougald, Jewel M. ............................................. Pages 935, 2116

McGahee, Ollie O. Jr. ............................................. Pages 935, 2115

McGlamery, A. Joe

.....

Pages 933, 2110, 2113

Miller, M. Yvette ................................................. Pages 937, 2118

Millirons, Jim .................................................... Pages 932, 2112

Mitchell-Tibbs, Marlene P. ........................................ Pages 937, 2118

Mitchell, Bennie R. Jr. ............................................ Pages 932, 2112

Mitchell, John T. ................................................. Pages 931, 2111

Mooney, Denice .................................................. Pages 936, 2117

Moritz, Jeffrey A. ................................................. Pages 933, 2113

Nicholson, E. Penn ............................................... Pages 934, 2115

Olmstead, Tommy C............................................... Pages 933, 2114

Persons, Benjamin S............................................... Pages 933, 2114

Pierson, N. Lynn ................................................. Pages 934, 2115

Porubsky, Edward S............................................... Pages 936, 2117

Pragg, Pamela Van

Pages 933, 2113

Pursley, Daivd.................................................... Pages 932, 2112

Rather, Daniel B. ................................................. Pages 937, 2118

Reaves, W. Wayne

Pages 937, 2118

Reed, Kelly M. Jr. ................................................ Pages 932, 2112

Rhodes, Wallace .................................................. Pages 937, 2118

Roberts, Edgar ................................................... Pages 932, 2113

Roche, Lue

Pages 936, 2117

Refer to numerical index for page numbers

INDEX

2377

APPOINTMENTS BY GOVERNOR (Continued)

Rollins, Jimmie F. ................................................ Pages 932, 2112

Rubin, Elaine .................................................... Pages 933, 2113

Sanford, Stephan E. .............................................. Pages 935, 2116

Scheller-Gilkey, Geraldine

Pages 933, 2113

Seay, Willis Benjamin III.......................................... Pages 935, 2116

Shehane, Kathryn Milner.......................................... Pages 936, 2117

Sherrer, John T. .................................................. Pages 936, 2117

Short, Robert .................................................... Pages 935, 2115

Simpson, Polly B.................................................. Pages 937, 2118

Smaha, Paul G.................................................... Pages 936, 2117

Smith, Anita Payne ............................................... Pages 937, 2118

Smith, James K................................................... Pages 934, 2115

Smith, Quentin Ted............................................... Pages 937, 2118

Strickland, John S. ............................................... Pages 932, 2112

Strickland, Winston ............................................... Pages 932, 2112

Suddeth, Paula F. ................................................ Pages 934, 2115

Sutherland, James Eugene ......................................... Pages 932, 2112

Tenenbaum, Arnold ............................................... Pages 934, 2115

Tomlin, William A. ............................................... Pages 935, 2116

Toth, Floyd ...................................................... Pages 936, 2117

Tripp, Lillie R. ................................................... Pages 935, 2116

Vandenbulck, Jan S. .............................................. Pages 934, 2115

Warren, Johnny ....................................... ^ .......... Pages 935, 2115

Washington, Essil I................................................ Pages 931, 2111

Webster, Charles B................................................ Pages 932, 2113

Wetherington, William J. .......................................... Pages 932, 2113

Whitworth, Bobby K. ............................................. Pages 936, 2116

Willis, Patricia H. ................................................ Pages 936, 2117

Womack, Deana W. ............................................... Pages 933, 2114

Woodhurst, Stan Jr. .............................................. Pages 932, 2112

Yates, Jan N. .................................................... Pages 33, 2113

Yeany, Russell.................................................... Pages 936, 2117

APPROPRIATIONS AND FISCAL AFFAIRS

Appropriations Bills; reduction in whole or in part by Governor;

amend Constitution....................................................... SR 27

Appropriations, General, SFY 1994-1995. .................................. HB 1375

Appropriations; supplemental Acts increasing expenditures; prohibit.

SR 539

Appropriations, Supplemental; line item veto by Governor

Page 552

Appropriations, Supplemental SFY 1993-1994. ............................. HB 1296

Appropriations; supplementary Acts by General Assembly not authorized.

SR 63

Bills for Raising Revenue; approval requirements; amend Constitution.

SR 65

Bills for Raising Revenue; approval requirements; amend Constitution.

SR 94

Board of Regents; restriction on use of funds; amend Constitution.

HR 555

Budget Report; lottery proceeds; disposition; information required.

SB 595

Budget Units; new programs; evaluate involving private entities.

SB 427

Continuation Budget Report for Legislative Committees; contents.

SB 188

Education Accountability and Evaluation Commission; create.

HR 398

Education; capital outlay funds; purpose of projects; priorities.

HB 1314

Education Funding; requirements; 50% of budgeted state funds.

SR 413

Educational Technologies; future budget expenditures; urge planning.

SR 537

Lottery for Education Account; proceeds; disbursement restrictions.

SB 100

Lottery Proceeds; net proceeds; transfers, disbursements; reports.

SB 594

Revenue Shortfall Reserve; midyear adjustment; education purposes.

SB 561

Refer to numerical index for page numbers

2378

JOURNAL OF THE SENATE

APPROPRIATIONS AND FISCAL AFFAIRS (Continued)

State Agencies; budget; property purchases, leases; analysis report.

SB 8

State Agencies; budget requests; audit report; Program Review Act.

SB 86

State Agencies; budget requests; 5-year plans; Agency Review Act.

.SB 5

State Agencies; Budgetary Responsibility Act; oversight committee.

HB 41

State Agencies; budgetary system; postage cost reduction; study of.

SR 556

State Agencies; budgets; review eliminating expenses; privatization.

SB 260

State Agencies; continuing programs; reports due General Assembly.

SB 60

State Agencies; grants; fairness and openness in the awarding. .................. SB 4

State Expenditure Limitations; excess revenues; reserve fund. ................. SR 148

University System; board of regents; restrictions on use of funds. ........... HB 1149

ARBOR DAY IN GEORGIA, 102ND ANNIVERSARY; recognizing.

SR 530

ARCHITECTS; conversion of payments made for property improvements.

.SB 50

AREA PLANNING AND DEVELOPMENT AUTHORITIES (See Authorities or Development Authorities)

ARTS

Arts Clayton Southside Black Family Arts Festival; recognize. ................ SR 506

Georgia Citizens for the Arts; commend. .................................... SR 472

Historic Dramas; economic benefits to tourism; committee to study. .......... HR 726

Historic Dramas; tourist attraction; committee to study benefits. ............. HR 875

Official Folklife Play; designate "Swamp Gravy" in Miller County.

HR 791

Save Outdoor Sculpture, Georgia; commend.................................. SR 622

1994 Georgia Arts Commemorative Painting; commend artist Gerry Bosch. . SR 441

ASBESTOS REMOVAL OR DISPOSAL; employee training; certification. . ... SB 135

ASSAULT; aggravated assault upon student or teacher using firearm; penalty. SB 440

ATHENS, CITY OF; Upper Oconee Basin Water Authority Act; enact.

HB 1514

ATHLETICS AND SPORTS (Also See Olympic Games)

Fraudulent Attempts to Obtain Refunds; giving false information. ........... HB 1378

Georgia Sports Hall of Fame Authority Act; enact.......................... HB 1187

Georgia Sports Hall of Fame; powers of nonprofit corporations.

HB 1936

Georgia State Games Program of Sports Festivals; commend. ................. SR 589

Golf Hall of Fame; board of trustees; additional members. .................. HB 1906

Olympic Games 1996; team members; consent for medical services. ............ SB 414

Paralympic Games, Athletes, Medal Winners; recognizing.

SR 480

Ticket Scalping; unlawful excess charges for admission...................... HB 1225

ATKINSON COUNTY Board of Commissioners; election districts; reapportion. .................... HB 2042 Designate; Private George W. Lee, Jr. Memorial Bridge; Alapaha River........ HR 925

ATLANTA, CITY OF

Atlanta-Fulton Family Connect Authority; creation.

HB 2031

Board of Education; urge employ security guards in high schools.

SR 38

City Court of Atlanta; repeal prosecution of traffic cases.

HB 1872

Council and President; conflict of business interests; disclosure.

SB 321

Employees; confidential disclosure of fraud, waste, abuse; procedure.

SB 716

MARTA Overview Committee; extend to July 1, 1998.

HR 215

Municipal Employees; reporting fraud, waste, abuse; confidentiality.

HB 1986

Property Conveyance; natural gas line easement; Atlanta Gas Light.

SR 467

Public Schools; implement staggered start and dismissal times................. SB 324

Public Schools; implement student uniform dress code.

SB 323

Rhodes Memorial Hall; committee to study ownership. ....................... SR 485

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INDEX

2379

ATLANTA, CITY OF (Continued)

Traffic Court; terms of court. ............................................ HB 1591

Urban Enterprise Zones; mixed-use zones; tax treatment.

HB 1847

ATLANTA MAYOR BILL CAMPBELL; introduced, remarks ............. Page 140

ATLAS, STATE; interactive computerized software for user access; commend. SR 559

ATTORNEY GENERAL

Compensation; increase annual salary; effective January 1, 1995.

HB 1398

Duties; actions brought against persons violating election laws. ............... .SB 215

Election as Constitutional Officer by Majority Votes Cast.

SB 680

Election by Plurality of Votes Cast; amend Constitution.

SR 536

Employees Authorized to Carry Weapons. ................................... SB 348

Legal Assistants; using third-year law students within/outside state.

HB 190

Powers; injunctions; remedies for residents of personal care homes.

SB 651

Staff Members; authorization to carry weapons............................... SB 348

Terms of Office; limitation; amend Constitution. ............................... SR 5

Terms of Office; limitation; amend Constitution.

SR 140

ATTORNEYS (Also See Courts, Civil Practice, or Criminal

Proceedings)

Attorney's Fees in Frivolous Actions; time of motion. ...................... HB 1687

Civil Actions; frivolous lawsuits; fees; motion to recover. ...................... SB 637

Court Reporters; contracts; fees for services on case-by-case basis. ........... HB 1321

Health Planning Agency; service as hearing officer; fees; functions. ............ SB 627

Lawyers for Justice Project; volunteer indigent defense; commend.

SR 397

Legal Assistants; using third-year law students within/outside state.

HB 190

Service as Part-time Judge When Counsel to Local Government Entities.

SB 120

AUCTIONS, AUCTIONEERS Commercial, Industrial Property Sales; environmental site assessment. License Exemption; lien sales; property in self-storage facilities.

SB 652 HB 1878

AUDITS Department of Audits and Accounts; duties; agency program reviews. Department of Audits and Accounts; duties; agency program reviews. Department; state contracts; disparity in minority participation. Local Governing Authorities; audits reports; expenditure levels. State Agencies; continued appropriations; program reviews; reports. State Auditor; duties; cost analysis; mandated expenditure bills. State Auditor; powers; disbursements from Children's Trust Fund. State Auditor; powers, duties; regional development centers audits. State Auditor; powers, duties; reports; program reviews; audits. State Auditor; revenue collections; midyear adjustment reserve.

SB 5 SB 86 SR 146 HB 1415 SB 60 SB 661 SB 493 HB 1482 HB 41 SB 561

AUGUSTA, CITY OF; Augusta Canal Authority Master Plan; commend.

HR 826

AUTHORITIES (Also See Development Authorities)

Agricultural Exposition Authority; venue for legal actions; Superior

Court of Houston County. ............................................. HB 1191

Agrirama Development Authority; prior service credit for retirement.

HB 685

Development; counties participating jointly; job tax credit program.

HB 1527

Development; joint; businesses qualifying for job tax credits.

HB 1764

Development; transactions where property located adjoining county.

SB 668

Development; transactions where property located adjoining county.

HB 715

Environmental Facilities Authority, GEFA; create Division of Energy

Resources............................................................. HB 1263

Georgia Airport Development Authority; powers; mismanaged airports.

SB 408

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2380

JOURNAL OF THE SENATE

AUTHORITIES (Continued)

Georgia Airport Development Authority; restrict property acquisition. .SB 624

Georgia Golf Hall of Fame; board of trustees; additional members.

HB 1906

Georgia Music Hall of Fame Authority; powers; nonprofit subsidiary.

SB 525

Georgia Music Hall of Fame Authority; retirement membership.

HB 632

Georgia Ports Authority; enforcement; improperly parked cars.

HB 1136

Georgia Sports Hall of Fame Authority Act; enact.

HB 1187

Georgia Student Finance Authority; loans for public health nurses.

HB 1103

Hospital; certificate of need; exemption; restoring bed capacity.

SB 257

Hospital; county employees transferred state service; retirement. ............. HB 807

Hospital; liability insurance requirements; sovereign immunity............... HB 1525

Hospital; space leased to private entities subject ad valorem taxes. ........... HB 674

Housing; commissioners; representation by an elected official. ............... HB 1180

Housing; contracts for services; preference to residents........................ SB 610

Housing; contracts; qualified tenant management organizations. ............... SB 299

Housing; create and activate for official Indian tribes; powers.

SB 618

Jekyll Island-State Park Authority; restrict certain activities. ................. SB 336

Jekyll Island-State Park Authority; services; limit fee increases.

SB 147

Local Entities; tort liability; limited waiver of sovereign immunity.

SB 649

Mailing Procedures; committee to study postage cost reduction.

SR 556

State; administrative procedure; contested case proceedings. ................... SB 77

State; stationery used; printed telephone and FAX numbers................... HB 82

State Tollway Authority; rename Georgia Transportation Authority;

projects; highways, rail passenger facilities; private operators. ............... SB 328

Superior Court Clerks' Cooperative Authority; appointed members.

SB 676

Upper Oconee Basin Water Authority Act; enact. .......................... HB 1514

World Congress Center Authority; projects; complex of facilities.

HB 1664

AUTOMOBILE REPAIR SHOPS; licensing, certification; commission to study................................................................... SR 93

AVIATION

Aircraft; ad valorem taxes; county of return; primary home base.

HB 1654

Aircraft; liens to secure debt for services, indemnity contracts.

HB 1400

Airport Development Authority; acquisition of public property.

SB 624

Airports, Landing Fields; commercial expansion; referendum approval. .......... SB 94

Airports; mismanagement; Ga. Airport Development Authority takeover. ....... SB 408

Clayton County Airport Authority; creation. ................................. SB 616

Museum of Aviation and Hall of Fame; using hotel-motel tax proceeds. ...... HB 1241

Museum of Aviation Foundation; urge designate Roy H. (Sonny)

Watson, Jr. Building.................................................... HR 986

Museum; urge Foundation name building for Roy H. (Sonny) Watson, Jr.

HR 875

Proposed Airport Site in Gwinnett County; urge DOT withdraw plans.

SR 499

Regional Airports; county and municipal joint projects; agreements.

SR 203

State's Next Major Airport; urge locate southwest, middle Georgia.

SR 579

AYERS, RALPH; recognizing .............................................. SR 598

B

BACON COUNTY Ad Valorem Taxes; homestead exemption; certain senior citizens. Board of Education; chairperson, members; compensation.
Refer to numerical index for page numbers

SB 683 HB 2037

INDEX

2381

BAIL (Also See Bonds or Criminal Procedure) Bonds; forfeiture for nonappearance; misdemeanor bad check violation. Bondspersons, Bonding Companies; sureties; approval; property bonds. Cash Bonds; duty of sheriffs; deposit interest-bearing account. Criminal Procedure; commitment hearings; waiver; denial of hearing. Family Violence Cases; conditions for alleged abusers. Homicide by Vehicle Resulting From DUI; where offenses are bailable. Juveniles Committing Certain Felony Offenses; release from custody. Marijuana Possession; misdemeanor cases; appeals; release. Offense Bailable Only Before Superior Court Judge; vehicle hijacking. Persons Arrested Acts of Family Violence; release conditions. Persons Arrested Family Violence; conditions for bail or release.

HB 326 SB 630 HB 1499 HB 325 HB 1303 SB 404 SB 535 SB 576 SB 288 SB 555 SB 466

BAIT SHRIMPING; regulation of dealers, gear and methods allowed. ....................................................... HB 1512

BALDWIN COUNTY

Ad Valorem Taxes; $10,000 homestead exemption; referendum.

HB 1649

Ad Valorem Taxes; homestead exemption; certain leased homesteads.

HB 2020

Property Conveyance; Board of Education; sewer line easement; City

of Milledgeville for water distribution line. ................................ SR 467

Transfer from Oconee RDC to Middle Georgia RDC; ratify and approve.

HR 360

BALFOUR, SENATOR DON; excused, out of town business Pages 1073, 1136

BANKING AND FINANCE

Bad Check Prosecutions; bond forfeiture; magistrate court procedures.

HB 326

Bad Checks; cancellation of motor vehicle liability insurance.

HB 1308

Bad Checks, Offense of; change to criminal offense of bank deposit fraud

including debit card sales drafts. ....................................... HB 1677

Bad Checks; payments in exchange for labor, services, merchandise.

SB 223

Bank Deposit Acount Fraud; provide for criminal offense of................. HB 1677

Banks, Bank Holding Companies; interstate, reciprocal banking.

SB 451

Code Revision; Title 7; correct errors and omissions. ....................... HB 1208

Corporate Finance; insurance, banks, trust companies; stock issuance.

SB 694

Credit Repair Services; deceptive advertising, business practices.

SB 157

Depositories for Public Funds; county moneys, school district moneys.

SB 537

Financial Information; offense of theft of a trade secret; penalties.

SB 224

Financial Institutions; affiliate transfers; state credit union loan rates;

check sellers and cashers; currency transaction reports.

HB 1676

Georgia Residential Security Deed Act; excessive charges prohibited.

SB 105

Housing; elimination of barriers to affordable housing; study of.

SR 406

Insurance Premium Finance Company; contracts; required disclosure.

HB 1393

Liens on Vehicles; invalid security interests; rental transactions.

SB 514

Loans or Advance of Money; interest, fees; maximum rate allowed.

SB 313

Loans; residential mortgages; fee disclosure; escrows; advertising.

SB 106

Loans Secured by Residential Property; interest; fees, insurance premiums,

property appraisal, title search; regulate lender rates.

SB 105

Mortgage Lenders, Brokers; licensing; financial data; background check;

loan transactions, disclosures, fees; lock-in agreements.

HB 1636

Pensions, Annuity Distributions; withholding income tax payments.

HB 1363

Residential Mortgage Lending, Brokerage Businesses; licensing.

SB 106

Secured Transactions; collateral; requirements to perfect interest.

HB 1836

Refer to numerical index for page numbers

2382

JOURNAL OF THE SENATE

BANKING AND FINANCE (Continued) Securities; document filing; electronic central depository. State Depositories; collateral; securities pledged; valuation. Tax Levy Upon Depositor Bank Account; delinquent income taxes. Trusts Created by Contributions to an Individual Medical Account.

HB 1727 SB 602 HB 275 SB 161

BANKS COUNTY; property conveyance; Georgia Power Company; easement. SR 463

BARANCO, GREGORY; National Civic Oration Contest Winner; commend. SR 437

BARBER, JANETTE MCGARITY

Placement of Portrait in State Capitol.

HR 463

Placement of Portrait in State Capitol. .................................... HR 967

BARNES, ROBERT DREW; Eagle Scout; commend. ........................ SR 431

BARNESVILLE; city manager, supervisors; appointment; suspension.

HB 2025

BARRIERS TO AFFORDABLE HOUSING STUDY COMMITTEE.

SR 406

BARROW COUNTY

Property Conveyance; Port Yargo State Park; exchange leased land.

HR 1003

Upper Oconee Basin Water Authority Act; enact. .......................... HB 1514

BARS; activities involving nudity, alcohol beverage sales; regulation.

HR 709

BARTOW COUNTY

Ad Valorem; school taxes; homestead exemption; certain residents.

HB 1959

Ad Valorem; school taxes; homestead exemption; disabled persons.

HB 1962

Ad Valorem; school taxes; homestead exemption; elderly residents.

HB 1961

Ad Valorem Taxes; homestead exemption; certain residents; referendum. . HB 1960

Red Top Mountain State Park; Lake Allatoona; sublease park marina. .... HB 1372

Superior Court Judges, District Attorney; salary supplement.

HB 1974

BATTERED WOMEN, GEORGIA COUNCIL ON; commend.

SR 465

BATTERY (See Assault and Battery or Crimes)

BEARS; permission for killing; property damage; protection by owners.

HB 112

BEAUTY PAGEANTS

Bond Requirements; fee escrow; exempt nonprofit organizations.

HB 965

Bonding or Escrow of Contests Conducted for Profit; exemptions. ............. SB 540

BEER (See Alcoholic Beverages and Alcoholism)

BELL, ELDRIN, ATLANTA CHIEF OF POLICE; recognizing

SR 634

BELLSOUTH TELECOMMUNICATIONS, INC.; easement; Miller, Fulton Counties. ................................................ SR 467

BEN HILL COUNTY

Board of Education; nonpartisan primaries and elections.

HB 1733

Board of Elections and Registration; creation.

HB 1739

Superior Court; judges; county salary supplement. ......................... HB 1915

BENASULY, MATHEW; Eagle Scout; commend.

SR 435

BENTLEY, GEORGE W. Ill; honoring.

SR 457

BIBB COUNTY Civil Service System; change certain provisions. Designate; Reginald Trice Parkway; 1-75 to 1-16 Junction. Macon Water Authority-Employee's Pension Plan; change provisions. Pension Plan; transferred juvenile probation employees; options.

HB 1964 HR 1037
SB 386 HB 671

Refer to numerical index for page numbers

INDEX

2383

BIBB COUNTY (Continued) Property Conveyance; Courthouse Square, Macon; train switch site.

SR 467

BIDS (See Contracts or Transportation)

BIKE-TO-WORK DAY IN MAY; recognizing.............................. HR 877

BINGO GAMES

Licensees; valuation of prizes awarded; maximum amount. .................... SB 114

Nonprofit Recreational Games; nursing, retirement homes, hospitals.

HB 1183

Operated by Nonprofit Organizations; employment of nonmembers.

HB 1182

Recreational Bingo Games; operation of; requirements; regulation.

SB 24

Recreational Games; noncash prizes; authorize nonprofit operations.

SB 439

BIOMEDICAL WASTE

Biomedical Technology; committee to study economic opportunities.

SR 374

Disposal; additional facilities; restrict construction permits.

SB 381

Hazardous Waste Sites; corrective action; public debt to fund. ................ SB 698

BIRD, CLAUDE E., JR.; recognizing........................................ SR 540

BISHOP, CONGRESSMAN SANFORD; introduced, remarks Page 696

BLACKSHEAR; municipal utilities; clarify powers.

HB 1919

BLAIRSVILLE; designate; Carlton H. Colwell Probation Detention Center. HR 863

BLAKELY, CITY OF; new charter. ...................................... HB 1845

BLAND, MAJOR GENERAL WILLIAM; introduce, remarks Page 336

BLANTON, VALLYE, 1994 TEACHER OF YEAR; commend.

SR 484

BLASTING OPERATIONS; Blasters; explosives users; licensure. ............ HB 866

BLIND PERSONS (Also See Handicapped) Blind Persons Literacy Rights and Education Act; braille. .................... SB 110 Blind Persons' Literacy Rights and Education Act; Braille. .................. HB 492 Create State Office of Sensory Affairs to Coordinate Services. ................. SB 521 Voting; election ballots printed in Braille. ................................... SB 112

BLITCH, SENATOR PEG Excused from voting on......................................... HB 1586 Page 1332 Statement on morning roll call Page 54

BLOUNT, MELVIN CARNELL; commend................................. SR 541

BLUEBERRY PLANTS; exempt ad valorem taxation; referendum approval. HB 664

BLUFFTON, CITY OF; new charter. ..................................... HB 1448

BOATS, MARINE EQUIPMENT AND FACILITIES

Boat Safety Act; violations; jurisdiction of Probate Courts. .................. HB 710

Boat Safety; misdemeanor offenses; probate court jurisdiction.

SB 448

Charter Fishing Operators; saltwater recreational fishing licenses.

SB 272

Personal Watercraft; equipment; operation restrictions; reportable

accidents; crime of reckless operation.

SB 601

BONDS Bail; commitment hearings; waiver; denial of hearing upon indictment. Bail; conditions for alleged abusers in family violence cases. Bail; family violence acts; release conditions; where bailable. Bail; family violence acts; release conditions; where bailable. Bail; marijuana possession; misdemeanor cases. Bail; offenses bailable only before superior court judge; carjacking.

HB 325 HB 1303
SB 466 SB 555 SB 576 SB 288

Refer to numerical index for page numbers

2384

JOURNAL OF THE SENATE

BONDS (Continued)

Bail; sureties; bondspersons, bonding companies; rules regulations,

qualifications; duty of sheriff; property bonds.

SB 630

Commercial Fidelity Bonds; community service boards. ..................... HB 1921

Fiduciary; judgment and execution in favor of a surety. .................... HB 1281

No Contest Cash Bonds; misdemeanor bad check violations; forfeiture.

HB 326

Professional Bondspersons; deposits of cash reserves by sheriffs.

HB 1499

Revenue; bond indebtedness to finance public projects; study of. ............... SR 37

Revenue; issuance by Airport Development Authority; requirements.

.... SB 624

Supersedeas Bond; filing appeals to Appellate Courts. ...................... HB 1188

Surety; appointed guardians of minors; bond requirements. ................... SB 538

Surety; beauty pageants, contests conducted for profit; requirements. .......... SB 540

Surety; home inspectors; requirements....................................... SB 330

Surety; property improvement contractors; rights of certain parties. .......... HB 545

Surety; requirements for conditioned air contractors, plumbers. ............... SB 499

Surety; requirements for conditioned air contractors, plumbers. ............... SB 669

Surety; requirements; nonpublic postsecondary education institutions.......... HB 929

BOOT CAMP PROBATION ALTERNATIVES; juvenile delinquent

children.

............... SB 150

BOSCH, GERRY; artist; commemoration 1994 Georgia Arts Day; commend. . . . . SR 441

BRAILLE LITERACY Election Ballots; print in Braille for blind, visually impaired. Special Education Services; braille for blind and visually impaired. Special Education Services; visually impaired; Braille instruction.

SB 112 SB 110 HB 492

BRANTLEY COUNTY; ad valorem taxes; homestead exemption; senior citizens............................................................. SB 684

BREMEN CHURCH OF CHRIST ELDERS; recognizing.

SR 497

BRIDGES (See Highways, Bridges and Ferries)

BROOKS COUNTY; property conveyance; National Guard Armory land.

HR 744

BROWN, RALPH "COUNTRY"; Sports Hall of Fame inductee; highway to honor......................................................... HR 961

BRUNSWICK, CITY OF

Property Conveyance; Lissner House; convey for historical purpose. .......... HR 816

Property Conveyance; sell surplus Labor Department property.

HR 817

BRYAN COUNTY; property conveyance; state-owned TV tower; lease agreement. ......................................................... HR 842

BUCHANAN, JACK P. commend. ..................... SR 620

BUDGET (See Appropriations and Fiscal Affairs)

BUDGET ADDRESS BY GOVERNOR; joint sesssion

Page 82

BUDGETARY RESPONSIBILITY ACT OF 1993; enact.

HB 41

BUENA VISTA Entertainment Capital of Southwest Georgia; recognize. ...................... SR 528 Official Chicken Cookin' Championship, Southern Foods Festival. ............. SR 529

BUILDING AUTHORITY, GEORGIA Central State Hospital Water Treatment Facility; conveyance of title. Designate; Clark Harrison State Office Building in Decatur. State Capitol; placement of portrait of Leroy R. Johnson.

SR 547 SR 248 SR 213

Refer to numerical index for page numbers

INDEX

2385

BUILDINGS AND HOUSING

Accessibility Codes; remove barriers for persons with disabilities.

SB 495

Code Revision; obsolete Acts based population classification; repeal.

SB 645

Code Revision; Title 8; correct errors and omissions.

HB 1208

Conditioned Air Contractors or Licensed Plumbers; bond requirements.

SB 499

Construction Codes; state minimum standards; extensive revision;

transfer functions, staff to Commissioner of Insurance.

HB 505

Contractors; licensing; journeyman conditioned air contractors.

SB 718

Fire Safety Standards; local construction codes subject to review.

SB 533

Handicapped and Impaired Veterans; housing accessibility standards.

SB 311

Home Builders; contracts; warranties; arbitration; code violations.

HB 1608

Home Inspectors Licensing Regulation Act; enact.

SB 330

Home Inspectors; require furnish specific information in writing.

SB 143

Housing Affordability Impact Note Act; legislation explanatory note.

SB 591

Housing Authorities; commissioners; representative elected official. .......... HB 1180

Housing Authorities; contracts for services; preference to residents.

SB 610

Housing Authorities; create public entity for certain Indian tribes.

SB 618

Housing; elimination of barriers to affordable housing; study of................ SR 406

Housing Renovated for Low-Income Persons; ad valorem tax exemption.

SR 407

Industrialized Buildings; advisory committee; standards; inspection.

HB 505

Lead-based Paint and Dust Poison; hazards to children; study of. ............. SR 136

Lead Poisoning Prevention Act of 1994; enact.

HB 1270

Mobile Homes; location permits; moving without ad valorem tax decals. .SB 209

Public Housing Projects; contracts; tenant management organizations.

SB 299

Residential Energy Conservation Services; duties of newly created

Division of Energy Resources, GEFA.

HB 1263

Residential Rental Property; management companies; business office.

SB 481

Residential Rental Property; tenant's application; refund of fees.

SB 476

Roofing Contractors; regulate; create new licensing division.

SB 190

Sewage; regulations, standards for on-site individual systems.

HB 1658

Smoke Detectors; installation requirements for all dwelling units.

SB 530

State Energy Code for Buildings; construction codes. ........................ HB 505

Utility Contractors; licenses; certification; effective date.

HB 1193

Water, Gas, Sewerage, Electricity; unpaid charges of prior occupant.

HB 862

BURCHETT, RYAN; Eagle Scout; commend................................. SR 432

BURKE COUNTY; Board of Elections and Registration; creation. ........... HB 1969

BURRELL, R. J. (DICK); recognizing.

SR 582

BUSES

Passenger Vehicles; vans; revise definition. ................................... SB 80

School Bus Drivers; random drug testing; criteria; funding method.

SB 107

School Bus Drivers; random testing for drugs or alcohol; sanctions.

HB 372

School Bus Drivers; salaries; limit local supplement decreases.

HB 1177

School Bus Safety; criminal possession of weapons or explosives.

SB 440

School Buses; equipment on new buses; seat safety belts required.

SB 447

School; students disrupting transportation; allegation of unruliness.

SB 558

Small Buses for Hire; exemption as motor contract carrier.

HB 1783

BUSINESS (See Commerce and Trade or Professions and Businesses)

BUSINESS EXPANSION SUPPORT ACT OF 1994, 'BEST PLAN'; enact................................................................... HB 1527

BUSINESS RECRUITMENT BARRIERS AND DOWNTOWN DEVELOPMENT STUDY COMMITTEE.

SR 636

Refer to numerical index for page numbers

2386

JOURNAL OF THE SENATE

BUTTS COUNTY

Board of Commissioners; chairperson, members; change compensation. ....... HB 1587

Board of Commissioners; compensation; allowances.

HB 1565

Board of Education; election and terms.

HB 1564

BYRD, GARLAND T.; designate bridge over Flint River on U.S. 19.

SR 502

CALHOUN COUNTY; sheriff; change compensation. ....................... HB 1580

CAMDEN COUNTY; board of commissioners; elections; correct errors.

HB 1146

CAMELLIA FESTIVAL BOARD OF MARSHALLVILLE; introduced Page 309

CAMELLIA FESTIVAL MONTH IN GEORGIA; proclaim February.

SR 455

CAMPAIGN AND FINANCIAL DISCLOSURE (Also See Ethics

or Elections)

Campaign Contributions; maximum allowed; from outside of district.

SB 431

Contributions; regulation; limits; lobbyist expenditures; disclosure.............. SB 657

Disclosure reports; late filing fees. ......................................... HB 171

CAMPBELL, BILL; Mayor of Atlanta, introduced, remarks

Page 140

CANCER DRUG THERAPY; health insurance coverage; conditions.

SB 326

CANDIDATES (See Elections)

CANDLER COUNTY; Superior Court; judges; payment of expenses. ........ HB 1988

CANON, CITY OF; reincorporate by enactment of new charter. ............... SB 633

CAPITAL PUNISHMENT (See Death Penalty or Courts)

CAPITOL BUILDINGS AND GROUNDS, STATE Georgia State Museum and State Library Facilities Study Commission. ....... HR 962 Placement of Portrait; Janette McGarity Barber. ........................... HR 967 Placement of Portrait; Janette McGarity Barber; Leroy Johnson. ............. HR 463

CARJACKING

Anti-motor Vehicle Hijacking Act of 1994; enact. .......................... HB 1080

Anti-motor Vehicle Hijacking Act of 1994; felony penalty.

SB 288

Offenses Involving Theft; carjacking; felony penalty.

SB 478

Offenses Involving Theft or Use of Deadly Weapon; felony penalties.

SB 491

CARLTON COMPANY; easement granted for sanitary sewer line; Albany. SR 467

CARROLL COUNTY

License Plates; staggered registration periods; referendum. .................. HB 1592

Retirement Plan; transferred juvenile probation employees; options.

HB 671

CARTERSVILLE HIGH SCHOOL BOYS CROSS COUNTRY TEAM; commend. ................................................................ SR 538

CASINO GAMBLING; school organizations; license to operate.

SB 140

CATOOSA COUNTY; superior court, probate court; clerical help allowance. HB 1856

CATS; preventing uncontrolled breeding; sterilization requirement.

HB 1181

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INDEX

2387

CAUTHEN, BRITTON, EAGLE SCOUT; commend. ....................... SR 651

CAVE SPRING, CITY OF Corporate Limits; change. Property Conveyance; portion old campus of Ga. School for the Deaf.

HB 1989 HR 814

CEDARTOWN, CITY OF

Designate; Martin Luther King, Jr. Boulevard; U.S. 278 to Cedartown.

SR 516

New Charter............................................................ HB 1884

CEMENT KILNS; burning of hazardous waste as fuel; permit restrictions.

SB 432

CEMETERIES American Indian Tribal Cemetery; Eastern Cherokees; Lumpkin County. Place of Burial; property transfers; ad valorem tax treatment. Registation; exempt historical nonperpetual care cemeteries.

HR 966 SB 506 HB 641

CENTERVILLE, CITY OF; ad valorem; city taxes; homestead exemption. . HB 1606

CENTRAL STATE HOSPITAL; water treatment facility easement; convey title. .......................................................... SR 547

CERTIFICATE OF NEED (Also See Health Care Facilities)

Exemption; certain private home care service providers. .................... HB 1332

Exemption; hospitals in certain counties restoring bed capacity.

SB 257

Health Planning Review Board; reconstitute members; revise functions.

SB 627

Rural Community Hospitals; acute care; exception to requirements. .SB 334

CERTIFICATES OF PARTICIPATION (COPS) FINANCING; use by local taxing jurisdictions; requirements; amend Constitution.

SR 385

CHAPLAINS OF THE DAY

Appleton, Reverend Jon ................................................. Page 641

Brown, Dr. Matthew .................................................... Page 860

Carter, Dr. Charles..................................................... Page 1873

Crawford, Reverend Robert .............................................. Page 948

Donahue, Archbishop James F............................................ Page 762

DuPree, Reverend Paul.................................................. Page 260

Edwards, Reverend Wayne .............................................. Page 193

Feldstein, Rabbi Louis

Page 355

Flippen, Reverend William .............................................. Page 158

Garner, Reverend Ray................................................... Page 488

Grubbs, Reverend David ................................................. Page 99

Hill, Mr. Matthew ...................................................... Page 112

Jenkins, Dr. Jamie ...................................................... Page 717

Jones, Reverend Butch .................................................. Page 798

Lawrence, Dr. Harold .................................................. Page 1237

Lawrence, Reverend Gary

Page 905

Lobello, Reverend Kevin

Page 78

Mahan, Dr. Jerry

Page 680

McCorvey, Reverend Albert

Page 1539

Mooneyhan, Reverend James

Page 1708

Pennington, Reverend John

Page 998

Price, Dr. Nelson ....................................................... Page 563

Purvis, Reverend Gary

Page 620

Ray, Reverend Alien

Page 1343

Roach, Reverend Med .................................................. Page 1074

Rosser, Reverend James ............................................

Page 318

Salmon, Dr. Clarence

Page 1037

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2388

JOURNAL OF THE SENATE

CHAPLAINS OF THE DAY (Continued)

Sharp, Reverend Grant................................................... Page 24

Stern, Reverend Martha ................................................. Page 381

Simrill, Reverend Spenser ................................................ Page 69

Taylor, Dr. John Lee

Page 139

VanHam, Reverend Tony

Page 1173

Watson, Reverend Gil

Page 1278

Wells, Reverend Gordon ................................................. Page 534

Willard, Reverend Sanford............................................... Page 284

Willis, Dr. Bill........................................................... Page 54

Woods, Reverend Mike ................................................. Page 1435

Yarborough, Dr. John

Page 1136

CHARITABLE ORGANIZATIONS (See Corporations or Nonprofit Organizations)

CHARLTON COUNTY

Board of Commissioners; election districts; change description.

SB 692

Board of Education; election districts; change description. .................... SB 693

CHARTER SCHOOLS; grants; requirements; organization; operation; contracts. ............................................................ SB 79

CHATHAM COUNTY

Board of Commissioners; election districts; change composition.

SB 655

Board of Tax Assessors; abolition of joint city-county board. .................. SB 516

Certain Officials; change compensation.

HB 1753

Chatham County Community Improvement District Act; enact.

SB 640

Chatham County Recreation Authority; creation; Georgia International

and Maritime Trade Center Authority Act; enact.

SB 641

Employees' Retirement Plan; transferred probation employees; options.

HB 671

Georgia International and Maritime Trade Center; project approval.

SB 415

Industrial Area Located on an Island; removal of property. ................... SR 509

Intergovernmental Council; repeal.

HB 1133

Magistrate Court; chief magistrate; nonpartisan nomination, election.

HB 931

Magistrate Court; election of judges. ...................................... HB 1275

Probate County; judge; nonpartisan nomination and election.

HB 932

Property Conveyance; Coastal Center Developmental Services; lease.

HR 1002

Property Conveyance; deed to Goodwill Industries of Coastal Empire.

SR 120

Property Conveyance; renew lease; U.S. Air National Guard Armory.

HR 819

Savannah River; boundary dispute between Georgia and South Carolina.

SB 572

Savannah/Chatham County Board of Education; election districts.

SB 656

CHATTANOOGA, TENNESSEE; Georgia Road Improvement Program; East-west Highway from 1-59 North.

HB 1767

CHATTOOGA COUNTY

Designate; Ralph "Country" Brown Highway; portion U.S. Hwy 27.

HR 961

Property Conveyance; Department of Defense facility. ........................ SR 470

CHAUFFEURS; registration with Public Service Commission; permits.

SB 317

CHECKS USED IN FINANCIAL TRANSACTIONS Bad Checks; misdemeanor violations; magistrate court proceedings. Bad Checks; progress payments; labor, services; shipped merchandise. Bank Deposit Fraud, Offense of; criminal penalties. Motor Vehicle Insurance; nonpayment of premium; dishonored checks. Persons Engaged in Check Selling or Check Cashing; qualifications.

HB 326 SB 223 HB 1677 HB 1308 HB 1676

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INDEX

2389

CHEROKEE COUNTY Ad Valorem; school taxes; homestead exemption; elderly persons. Board of Education; change per diem.
Board of Education; members; per diem. Property Tax Structure Study Committee; powers; duties; authority. Retirement Plan; transferred juvenile probation employees; options.

HB 1968 HB 2052
HB 1967 HR 1039 HB 671

CHEROKEE JUDICIAL CIRCUIT; superior court; judges, district attorney; salary supplement; Bartow, Gordon Counties.

HB 1974

CHERRY BLOSSOM FESTIVAL; Macon Mayor Tommy Olmstead, remarks ................................................................ Page 998

CHILD ABUSE (Also See Minors or Crimes)

Central Child Abuse Registry; case classification; substantiated reports;

inclusion of alleged offender's identity.

HB 1351

Child Molestation; victims under age of 16 years; change definition.

SB 557

Detection, Investigation; family violence; law enforcement training.

SB 494

Records Access; children being considered for foster care placement.......... HB 1322

Reports by Involved Agencies; establishing judicial circuit protocol.

SB 492

Suspected Abusers; preliminary criminal records check; use of report.

SB 468

Suspected Child Abuse; removal of child; custody determinations.

SB 470

CHILD CARE (Also See Day Care Centers) Employer On-Site Day Care for Workers; committee to study issues. Employer Sponsored Child Care for Employees; income tax credits. Smoking Prohibited in Licensed Daycare Centers.

SR 332 HB 1527
SB 471

CHILD CUSTODY Actions; issuance of standing orders restraining parties. Seminar for Parents Where Interests of Children are Involved.

HB 679 SB 63

CHILD MOLESTATION

Adult Violent Felons; no pardon, parole or work release.

SB 483

Convicted Sex Offenders; parole; register residency upon release.

HB 1229

Felony Offenders; mandatory punishment; 2 Strikes/You Are Out.

SR 395

Serious violent felony; sentencing; punishment. .............................. SB 441

Sex Offenders; release from prison; register with county sheriff.

SB 399

CHILD SUPPORT (Also See Domestic Relations)

AFDC-receiving Children; nonsupporting parents; Work for Welfare.

SB 464

Amounts Recovered for Public Assistance Recipients; court costs.

SB 268

Award Determination; computation based on parent's net income.

HB 642

Contested Cases; actions to estabish paternity; genetic test results. ............ SB 148

Divorce Cases; court shall render judgement; procedures.

SB 174

Divorce Cases; when court render judgment without verdict of jury.

SR 141

Financial Assistance to Age 22 for a Child Enrolled College.

SB 480

Health Insurance Coverage for Dependent Children; requirements; joint

study committee on child support created.

HB 1515

Issuance of Standing Orders Restraining Parties from Certain Actions.

HB 679

Minor Child Seeking Change of Name; parent not contributing support.

SB 433

Payments; genetic tests establishing nonpaternity; reimbursement.

SB 397

Recovery; noncomplying professional business licensees; sanctions.

SB 411

Unmarried Mothers; paternity establishment; hospitals; test results.

SB 555

CHILDREN (See Minors)

CHILDREN & YOUTH SERVICES DEPARTMENT
(Also See Juvenile Proceedings) AIDS Transmitting Crimes; juvenile offenders; confinement. AIDS Transmitting Crimes; juvenile offenders; disposition; HIV tests.

SB 440 SB 632

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2390

JOURNAL OF THE SENATE

CHILDREN & YOUTH SERVICES DEPARTMENT (Continued)

Contracts, Cooperative Agreements; authority to enter into.

HB 1626

Criminal Justice Coordinating Council; change membership of.

HB 882

Delinquent Children; probation condition; serve in boot camp program.

SB 150

Employees; certain county probation transferees; retirement options.

HB 671

Indigent Defense; state funded programs; counsel in certain cases.

HB 1254

Juvenile Delinquency Criminal Cases; direct appeal to Appellate or

Supreme Court.

HB 1687

Juvenile Delinquent Acts; unlawful weapons possession; forfeiture.

HB 1337

Juvenile Intake, Probation; Whitfield County transfer state system.

SB 725

Juvenile Law Enforcement Records; disclosure to school personnel.

SB 122

Juvenile Probation Services; Richmond County; transfer state system.

SB 366

Juveniles Allegedly Committing Felonious Crimes; release conditions.

SB 535

Juveniles; arrest for drugs, violence; school suspension procedures.

SB 701

Juveniles at Risk; community based, multiagency intervention program......... SB 560

Juveniles Committing Felony Crimes; courts notify school officials. .SB 132

Juveniles Committing Motor Vehicle Hijacking; designated felony.

SB 288

Juveniles Convicted of a Felony Crime; presentence investigations.

SB 559

Juveniles; violent, nonviolent offenses; confinement; treatment. ................ SB 440

Liability Insurance Coverage; nonprofit agencies operating vehicles.

HB 1627

Penalties for Persons to Hire, Solicit, Provide Weapons to a Minor.

HB 533

Solicitation of A Minor to Commit Delinquent or Felony Act; penalty. . ...... SB 556

Unruly Child May be Detained; school students habitually disobedient,

SB 558

Youth Placed Private Family Attention Homes; treatment; assessment.

SB 548

CHIROPRACTORS; Standards of Practice; licensing; qualifications; titles; sanctions. .......................................................... SB 519

CHURCHES

Bible School or College; student tuition equalization grants.

HB 1185

Place of Religious Worship; property transfers; ad valorem exemption.

SB 506

Prohibit alcoholic beverages sales within certain distance...................... SB 301

CITIES (See Municipalities or Local Government)

CIVIL ACTIONS (Also See Civil Practice or Torts or Courts)

Appeals to Appellate Courts; filing supersedeas bonds.

HB 1188

Damages for Hotel Price Gouging During 1996 Olympic Games; remedies. HB 1357

Dismissal for Want of Prosecution; reduce time period to 3 years.

SB 32

Dispossessory Proceedings; writ of possession against tenant.

HB 337

Election Law Violations; civil penalties; prosecution; costs.

SB 215

Evidence; expert witnesses; certain state agencies; no compensation.

SB 229

Judgment Liens; when property is discharged; purchaser possession.

HB 72

Jury Trials and Appeals in Probate Courts of Certain Counties.

HB 1754

Lawsuits; frivolous actions; attorney's fees; motion to recovery. ................ SB 637

Lawsuits in Matters of Grievances With Public Issues; claims; motion.......... SB 410

Llama Activity Sponsors or Professionals; liability for injuries.

SB 571

Malpractice Charges; dismissal for failure to file affidavits.

SB 398

Property Tax Assessment; taxpayer appeals; jury trial; cost recovery.

SB 296

State Courts; demands for trial by jury; change provisions.

SB 62

CIVIL DEFENSE (See Emergency Management or Military Affairs)

CIVIL PRACTICE (Also See Courts) Arbitrators; appeals of ad valorem tax assessments; how chosen. Code Revision; Title 9; correct errors and omissions. Court Reporters; depositions; violations; prohibited contracts. Evidence; witness testimony; deposition procedures; medical reports.

HB 1504 HB 1208 HB 1321 HB 1417

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INDEX

2391

CIVIL PRACTICE (Continued)

Judgment Liens; when property is discharged; purchaser possession.

HB 72

Lawsuits; frivolous actions; attorney's fees; motion to recover.

SB 637

Lawsuits; strategic lawsuit against public participation; SLAPP Bill.

SB 410

Malpractice Actions; affidavit accompanying charge; failure to file.............. SB 398

Remedies for Residents of Personal Care Homes Act; enact. .................. SB 651

CLARKE CENTRAL HS BOYS BASKETBALL TEAM AND COACH; recognize. ................................................................ SR 632

CLARKE COUNTY; Upper Oconee Basin Water Authority Act; enact.

HB 1514

CLARKE, HAROLD; Supreme Court Chief Justice; address joint session

Page 69

CLAY COUNTY Board of Commissioners; employment of clerk, county administrator. ........ HB 1631 Board of Education; residency qualifications; compensation.................. HB 1688

CLAY, SENATOR CHUCK; excused, death in family

Pages 499, 538, 563, 619

CLAYTON COUNTY

Board of Commissioners; change compensation.

HB 2004

Board of Education; chairperson, members;change compensation.

HB 2001

Clayton County Airport Authority; creation. ................................. SB 616

Clayton County Association of Battered Women; commend.

SR 555

Clayton County Civil Service System Act. ................................. HB 2003

Clayton-Rabun County Water and Sewer Authority; financing projects.

HB 2005

Coroner; change compensation. ........................................... HB 2002

District Attorney; salary supplement. ..................................... HB 2000

Pension Plan; transferred juvenile probation employees; options.

HB 671

Probate Court; judge; change compensation. ............................... HB 1999

Sheriff; change salary provisions.

HB 1997

State Court; deposits for advance costs, fees. ................................ SB 617

State Court; judges; salaries; change compensation.

SB 180

State Court; solicitor; salary; change compensation. .......................... SB 185

Superior Court; clerk; increase salary...................................... HB 1998

Superior Court; judges; change county supplement to state salary. ........... HB 1994

Superior Court; official court reporters; change compensation. ............... HB 1996

Tax Commissioner; change salary. ........................................ HB 1995

CLAYTON JUDICIAL CIRCUIT District Attorney; county salary supplement. .............................. HB 2000 Superior Court; judges; county salary supplement. ......................... HB 1994 Superior Court; official court reporters; change compensation ............... HB 1996

CLEAN WATER WEEK; designate; observe third week in October.

SB 606

CLERMONT, TOWN OF; new charter.

HB 1965

CLINICAL LABORATORIES; forms for ordering tests; billing practices.

SB 345

CLINTON, BILL, PRESIDENT; Urge U.S. Immigration Policy Restricting HIV Infected Persons Entry.

SR 214

CLOWER, MAYOR EMMETT; commend.

SR 641

COASTAL CENTER FOR DEVELOPMENTAL SERVICES, INC.; lease of Human Resources Department property. .......................... HR 1002

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2392

JOURNAL OF THE SENATE

COASTAL ISLANDS AND MARSHLANDS

International and Maritime Trade Center; establish Chatham County.

SB 415

Jekyll Island; restrict development; 65% land area; survey; maps.

SB 336

Saltwater Recreational Fishing and Charter Boat Fishing; licenses. ........... . SB 272

COBB COUNTY

Ad Valorem Taxes; homestead exemption; certain residents at age 70. ........ HB 481

Airports, Landing Fields; commercial expansion; counties of 400,000. .SB 94

Board of Commissioners; election districts 2, 4; change description.

SB 643

Board of Commissioners; vacancies; qualifying other elected position.

.SB 286

Civil Service System; dismissals; hearings; political activity. ................. HB 1863

Cobb County-Marietta Water Authority; membership; city government.

.SB 664

Community Improvement Districts; ad valorem tax levy; notifying

collecting governing bodies. .............................................. SB 584

Designate; Walter Kelly, Jr., Bridge over 1-75 on Highway 120.

SR 522

District Attorney; investigators, assistant DAs; compensation.

HB 1862

Elected Officials' Compensation Review Commission; creation.

HB 1085

Juvenile Court; judges; change compensation................................. SB 732

Office of Sheriff; vacancies; chief investigator qualifications.

HB 1082

Probate Court; judge and clerk; compensation.

HB 1946

Property Conveyance; easement for transportation thoroughfare.

... SR 207

Retirement Plan; transferred juvenile probation employees; options.

HB 671

Sheriff; chief deputy, investigator, executive assistant; salaries. ................ SB 730

State Court; designate solicitor general, assistant solicitor.

SB 524

State Court; judges; change compensation. ................................ HB 1852

State Court; judges of second division; compensation.

HB 1853

State Court; solicitor; change compensation. ............................... HB 1854

Superior Court; clerk, deputy clerk; change compensation. .................. HB 1855

Superior Court; Cobb Judicial Circuit; add judge; in original bill................ SB 31

Tax Commissioner, Chief Clerk, Executive Secretary; compensation. ........... SB 731

Teachers, School Bus Drivers; payroll deduction; professional dues.

SB 663

CODE OF GEORGIA

Obsolete, Uncodified Acts Based on Population Classification; repeal. .......... SB 645

OCGA; Code Title 21, Elections; correct errors and omissions.

HB 1219

OCGA; revisions, modernizations; reenact statutes; various titles. ............ HB 1208

OCGA; Title 47, Retirement and Pensions; correct errors, omissions.......... HB 1218

State Constitution; statutes, amendments; public initiative petition.

SR 151

COFFEE COUNTY Board of Commissioners; election districts; reapportion. .................... HB 1977 Board of Education; election districts; reapportion.......................... HB 1978

COLE, DR. MARVIN M.; commend. ........................ SR 492

COLEMAN, WILLIAM W.; commend. ............... SR 606

COLLEGES AND UNIVERSITIES (Also See Education or University System)

Advanced Placement/AP Testing Fees for Private High School Students.

SB 515

Biomedical Institutional Research; committee to study. ....................... SR 374

Child Enrolled College to Age 22; continue child support awarded.

SB 480

Columbus College; study combining with Columbus Technical Institute......... SR 586

Continuing Education Programs for the Disabled; lottery proceeds.

SB 437

Counselors; employees or students; licensing requirement exception. ........... SB 434

Georgia Collegiate Free Speech Act. ........................................ SB 709

Georgia Student Finance Authority; loans for public health nurses.

HB 1103

Health Care Professions; increase number of minority professionals.

SR 391

Librarians; professional certification; accredited master's degree................. SB 67

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INDEX

2393

COLLEGES AND UNIVERSITIES (Continued)

Lottery Proceeds; programs started; use of general funds restricted. ........... SB 710

Lottery Proceeds; scholarship funds; reserves to meet deficiencies.

SB 711

Medical Students Physician Residency Training; liability immunity.

HB 1892

Nonpublic Postsecondary Educational Institutions; administration of.

SB 308

Nonpublic Postsecondary Institutions; certificate of authorization criteria;

financial affairs; prohibited activities; sanctions.

HB 929

Psychologists; teaching or research; unlicensed person; use of title.

SB 512

Scholarships, Grants, Loans; student eligibility; uniform grading.

SB 513

Scholarships, Grants, Loans; student qualifying; uniform grade reporting

system. .............................................................. HB 1326

Study Committee for a Seamless Education System; prepare workforce. . SR 567

Tuition Equalization Grants; additional approved schools. .................. HB 1185

Tuition Equalization Grants; redefine qualified proprietary schools.

SB 523

University System; appropriations; budget funding requirements.

SR 413

University System; board of regents; restrictions on use of funds. ........... HB 1149

COLLINS, CONGRESSMAN MAC; introduced, remarks .................. Page 701

COLQUITT, CITY OF; Swamp Gravy Catalyst Project; state folklife play. . . . . HR 791

COLQUITT COUNTY Ad Valorem Taxes; homestead exemption; disabled residents. Board of Education; additional member elected at large; referendum.

HB 1804 HB 1913

COLQUITT COUNTY HIGH SCHOOL 50TH REGIMENT BAND; commend. ................................................................ SR 520

COLUMBIA COUNTY

Ad Valorem; homestead exemption; elderly or disabled persons.

HB 2014

Pension Plan; transferred juvenile probation employees; options.

HB 671

Sheriff; compensation increases. .......................................... HB 1990

COLUMBUS, CITY OF

Columbus Airport Commission; appointment of airport police.

HB 1625

Columbus-Muscogee County Consolidated Government; mayor, council;

nonpartisan elections.

HB 1807

Columbus Technical Institute and Columbus College; committee to study

combining. ............................................................. SR 586

Muscogee County; board of education; tax levy rate; certification.

HB 1920

Property Conveyance for 1996 Olympic Games Softball Situs; Georgia

Ports Authority property.

HR 907

State's Next Major Airport; urge centrally located to Columbus.

SR 579

COLWELL, CARLTON H.; in honor of. ................................... HR 863

COMMEMORATIVE RESOLUTIONS

Bobby Joe Whitworth Probation Center; urge rename Hart County Center. SR 304

Clarence R. Vaughn, Jr. Freeway; 1-20 in Rockdale County.................... SR 376

Designate; Carlton H. Colwell Probation Detention Center. .................. HR 863

Designate; Clark Harrison State Office Building in Decatur.

SR 248

Designate; Garland T. Byrd Bridge over Flint River on U.S. 19................ SR 502

Designate; General Ron Griffith Highway on S.R. 136 at LaFayette.

SR 228

Designate; Georgia Antiques Trail; route certain communities.

HR 1032

Designate; Hardy Durham Faulk, Sr. Memorial Bridge; place of portrait

of Janette McGarity Barber. ............................................ HR 967

Designate; Hardy Durham Faulk, Sr., Memorial Bridge, Twiggs County;

Walter Kelly, Jr. Bridge, Cobb County. ................................... SR 522

Designate; Herbert A. Saliba Bridge; State Highway 90; Dooly County.

HR 773

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2394

JOURNAL OF THE SENATE

COMMEMORATIVE RESOLUTIONS (Continued)

Designate; Howard "Bo" Warren Parkway; portion U.S. 84; Wayne County. HR 668

Designate; James E. (Billy) McKinney Bridge; Fulton County.

SR 628

Designate; Jerry D. Jackson Bridge across Lake Lanier; Hall County.

HR 824

Designate; Lt. Harold Durham Medal of Honor Highway; Tift County.

SR 251

Designate; Martin Luther King, Jr. Boulevard; U.S. 278 to Cedartown.

SR 516

Designate; Private George W. Lee, Jr. Memorial Bridge; James E.

"Billy" McKinney Bridge. .............................................. HR 925

Designate; Ralph "Country" Brown Highway; Chattooga County.

HR 961

Designate; Ray McKibben Medal of Honor Highway; Haralson County. ....... HR 730

Designate; Reginald Trice Parkway; Bibb County........................... HR 1037

Designate; Robert Lee Patten II Probation Detention Center. ................. SR 561

Designate; T. P. Ramsey Bridge; Murray County. ............................ SR 453

Designate; "Thaxton Lane" at Little Ocmulgee State Park. ................. HR 1126

Designate; urge Aviation Museum name Roy H. (Sonny) Watson Building. HR 875

Designate; urge Aviation Museum name Roy H. (Sonny) Watson Building. HR 986

Designate; Vendie Hudson Hooks, Sr. Memorial Highway; Emanuel County. HR 768

Designate; Ward Edwards Bridge on State Route 96 over Flint River.

SR 386

COMMERCE AND TRADE (Also See Professions and Businesses)

Advertisements for State Lottery Games; disclosure of winning odds. .......... SB 430

Agricultural Commodities Promotion; assessments; financial reports. ......... HB 1866

Alcoholic Beverage Sales and Activities Involving Nudity; local authority;

regulatory ordinances; amend Constitution. ............................... HR 709

Alcoholic Beverages; increase license fees, excise taxes; purpose. ............... SB 228

Alcoholic Beverages; sales near churches, schools, treatment centers.

SB 301

Alcoholic Beverages; sales of distilled spirits; container sizes.

HB 912

Alcoholic Beverages; sales on Sunday; authority of municipalities.

SB 314

Automobile Repair Shops; insurers prohibited certain acts.

SB 47

Bad Checks; progress payments; labor, services, shipped merchandise.

SB 223

Banks, Bank Holding Companies; interstate, reciprocal banking................ SB 451

Beauty Pageants Operated for Profit; bonding or fee escrow account.

HB 965

Bingo; operation of recreational games at business establishments.

SB 24

Biomedical Technology; economic opportunities; committee to study.

SR 374

Business Expansion Support Act of 1994; 'BEST Plan'; enact.

HB 1527

Businesses Installing Air Pollution Control Devices; incentives.

HR 796

Businesses Using Trade Names; registration; exemption.

HB 1502

Charitable Solicitations; misrepresenting law enforcement; penalty.

HB 1886

Charitable Solicitations; telemarketing; fraudulent practices.

SB 567

Charitable Solicitations; telemarketing, printed material or radio.

SB 582

Code Revision; Title 10; correct errors and omissions.

HB 1208

Coin Operated Amusement Machines; master license fees; annual permit.

HB 800

Commercial Bait Shrimping; regulation of dealers; interstate import.

HB 1512

Construction Industry; roofing contractors; licensing; regulation of.

SB 190

Consumer Crimes Against Elderly or Disabled; deceptive practices.

HB 193

Contests; beauty pageants conducted for profit; bonding requirements.

SB 540

Contractors; electrical, conditioned air, plumbers; telemarketing.

SB 567

Contracts for Property Improvements; timely payments; Prompt Pay Act.

HB 837

Contracts; property improvement construction; preserving rights, certain

parties under payment bond, security deposit. ............................ HB 545

Credit Repair Services; regulation of advertising; practices.

SB 157

Debts; rights of creditor and surety; requirements of notice.

HB 1632

Downtown Improvement Programs; business recruitment barriers; study.

SR 636

Dry Cleaners; use and release of solvents; contaminated sites.

HB 1814

Economic Development Investment Incentives; committee to study.

SR 333

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INDEX

2395

COMMERCE AND TRADE (Continued)

Employer Child Care Issues; committee to study options, problems.

SR 332

Fair Business Practices; application of payment to revolving account.

SB 696

Firearms Dealers; retail; purchaser warning; criminal storage.

SB 360

Firearms Dealers; retail; purchaser warning; criminal storage offense. .SB 68

Firearms Dealers; retail sales; requirements prior sale or delivery;

purchaser background check............................................... SB 12

Firearms Dealers; unlawful sales; trigger activator firing devices.

SB 474

Flea Market Vendors; recording property acquired for retail sale............. HB 1195

Fraudulent Attempts to Obtain Refunds; giving false information. ........... HB 1378

Hotel Price Gouging During Period of 1996 Olympic Games; violations.

HB 1357

Identification Cards; nonofficial personal ID; regulate retail sales.

SB 541

Innkeepers; guest rooms; occupy time period; nonassignable contract.

SB 536

Insurance Agents and Others; examination for probable cause.

HB 1838

Insurers; conversion to stock insurer; requirements; procedures.

HB 1623

Lenders, Brokers; residential mortgage businesses; regulation of.

SB 106

Lenders; loans secured by residential property; fees, interest rates.

SB 105

Liens on Vehicles; invalid security interests; rental transactions.

SB 514

Limited Liability Companies; exempt trade name registration; partnerships;

execution of deeds, documents; dissolution.

HB 1502

Lottery Retailers; electronic dispensers; sales to minors; penalty. ............ HB 1503

Lottery Retailers; qualifications; restoration of civil rights after

criminal conviction. ................................................... HB 1379

Minority Business Enterprise Development; redefine eligible persons.

SB 291

Minority Businesses; disparity in participation in state contracts.

SR 146

Minority Participation in State Contracts; bid opportunities................... SB 207

Minority Participation in State Contracts; procurement process................ SB 134

Motor Fuel Distributors; compressed natural gas; measure by gallon.

SB 141

Pawnbrokers Selling Firearms; unsafe or improper storage; penalty.

SB 502

Petroleum Pipeline Companies; suspend eminent domain rights; committee to

study land use impact; potential leaks, spills.

SB 626

Prescription Drugs; anticompetitive price controls prohibited.

SB 522

Private Firms Reviewing State Agency Program Operations.

SB 5

Private Operators of Public Transportation Facilities, Projects.

SB 328

Privatization; deliver of mental health services. ............................... SB 49

Privatization; transfer public sector activities to private sector. ................ SB 260

Privatizing Functions of State Agencies; review commission.

SB 260

Property Management Companies; residential rental; business location.

SB 481

Real Estate Brokers; licensure; conduct; affiliates; commissions.

HB 1227

Real Estate Sales; residential; amenities; misrepresenting ownership.

SB 194

Retail Businesses; after-disaster price increases prohibited.

HB 173

Retail Installment, Revolving Accounts; written agreements; payments.

SB 696

Sales Tax; exemption; certain agricultural commodities, truck crops.

HB 786

Secured Transactions; collateral; requirements to perfect interest.

HB 1836

Securities; documents, records filing system; electronic central depository;

regulation of limited liability companies.

HB 1727

Securities Laws; regulated businesses; deceptive telemarketing.

SB 567

Self-storage Facilities; liens on stored property; public sales.

HB 1878

Small Employer Health Reinsurance Program; risk-assuming carriers.

SB 650

Supermarket, Grocery Stores; polling places; alcoholic beverage sales.

SB 95

Telecommunications Competition, Consumer Protection, Economic

Development; new regulatory framework including deregulation.

SB 566

Telemarketing; fraudulent, deceptive, abusive activities; penalties.

SB 567

Ticket Agents; service charges on amusement, entertainment admission.

SB 309

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2396

JOURNAL OF THE SENATE

COMMERCE AND TRADE (Continued)

Ticket Scalping; unlawful excess charges for admission.

HB 1225

Tobacco Marketing; warehousemen; commission sales; maximum charges.

HB 1344

Trade Secrets; offense of theft; expand definition; penalties. .................. SB 224

Uniform Partnership Act; foreign limited liability partnerships.

HB 1813

Used Car Dealers and Used Motor Vehicle Parts; combined state board.

HB 1390

World Congress Center Authority; expand projects; facility complex.

HB 1664

World Congress Center; projects; complex of facilities; acceptance of gifts;

disposition of discontinued projects.

SB 569

COMMERCIAL CODE Secured Transactions; collateral; requirements to perfect interest. Secured Transactions of Landowner; sharecropping agreements.

HB 1836 HB 73

COMMISSIONS, BOARDS

Administrative Procedure; contested case proceedings.

SB 77

Agricultural Commodity Commissions; employee retirement credit.

HB 959

Asbestos Licensing Board; powers; employee training; certification.

SB 135

Automobile Repair Shops; commission to study certification, licensing.

SR 93

Board of Community Affairs; regional development center boundaries;

ratify certain transferrals................................................ HR 360

Board of Court Reporting of the Judicial Council; powers.

SB 356

Board of Human Resources; ineligible members; registered lobbyists.

HB 1481

Board of Public Safety; urge review career concerns of personnel.

SR 319

Board of Trustees of Tuition Guaranty Trust Fund; representation.

HB 929

Budgetary Responsibility Oversight Committee; proposed new programs.

SB 427

Budgets; continuing appropriations; reports due General Assembly.

SB 60

Building Codes; handicap accessibility advisory board.

SB 495

Commission on Minority Health Improvement.

SR 391

Criminal Justice Coordinating Council; members; reduce number of.

HB 882

Education Accountability and Evaluation Commission.

HR 398

Elections, State Board; duties; violations of laws and rules; orders.

.SB 215

Georgia Board of Dentistry; change name; include dental hygienists.

SB 305

Georgia Commission on Women; member expenses; agency assignment.

HB 68

Georgia Crime Victims Compensation Board; repeal certain provisions.

HB 690

Georgia Golf Hall of Fame; board of trustees; additional members.

HB 1906

Georgia Music Hall of Fame Authority; powers; subsidiary corporation.

SB 525

Georgia Sports Hall of Fame Authority; membership; powers, duties.

HB 1187

Georgia Sports Hall of Fame; powers of nonprofit corporations.

HB 1936

Grant Award Practices; Fair and Open Grants Act of 1993.

SB 4

Health Planning Review Board; members; change composition, function.

SB 627

Joint Study Commission on Revenue Structure; re-create.

HR 662

Mailing Procedures; committee to study postage cost reduction.

SR 556

MARTA Overview Committee; extend to July 1, 1998.

HR 215

Nonpublic Postsecondary Education Commission; change organization of.

SB 308

Nonpublic Postsecondary Education Commission; representation.

HB 929

Pardons and Parole Board; abolish; grant powers to Superior Courts.

SR 445

Pardons and Parole Board; powers, authority; restrictions.

SR 524

Pardons and Parole Board; restrict powers; violent offenders.

SB 429

Pardons and Parole Board; restrict power; life imprisonment sentence.

SR 375

Pardons and Parole Board; restrict powers; adult violent felons.

SB 483

Pardons and Parole Board; restrict powers; sentences; violent felons.

SR 395

Pardons and Parole Board; restrict powers; sentences; violent felons.

SR 405

Pardons and Parole Board; restrict sentence-reducing measures.

SB 441

Pardons and Parole Board; voting records; public inspection.

SB 64

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INDEX

2397

COMMISSIONS, BOARDS (Continued)

Privatization Review Commission; create; powers, duties, authority. .SB 260

Professional Standards Commission; functions; teacher certification.

SB 644

Public Service Commission; revise organizational structure; powers.

SB 250

Public Service Commission; special fees; gas utility filings.

HB 1672

Public Service Commission; telecommunications; new regulatory system.

SB 566

Saltwater Recreational Fisheries Advisory Commission; creation.

SB 272

Seed Arbitration Council; creation.

HB 1641

State Agencies; Postage Cost Reduction Study Committee.

SR 565

State Board of Pharmacy; repeal rule relating to patient counseling.

SB 332

State Board of Registration of Used Car Dealers and Used Motor

Vehicle Parts Dealers; creation.

HB 1390

State Board of Workers' Compensation; members; qualifications.

HB 1505

State Children's Trust Fund Commission; terms; funding; disbursement.

SB 493

State Commission on Judicial Compensation; amend Constitution.

SR 456

State Commission on Mental Health; final report and abolition.

SB 603

State Commission on Mental Health, Mental Retardation, and Substance

Abuse Service Delivery; final report; abolition. ............................. SB 511

State Commission on Mental Health, Mental Retardation and Substance

Abuse Service Delivery; change duties; membership.

SB 49

State Construction Industry Licensing Board; membership.

HB 1596

State Flag Design Commission; creation; public hearings; membership.

SB 186

State Indemnification Commission; composition; payment of claims. ......... HB 1617

State Museum and State Library Facilities Study Commission.

HR 962

State Productivity Council; creation; goals, powers, duties.

HB 1551

State Properties Commission; change membership; powers of director.

HB 1616

Stationery Used for Correspondence; printed telephone, FAX numbers. ........ HB 82

Upper Oconee Resource Management Commission; creation.

HB 1514

World Congress Center Authority; hiring practices; requirements.

SB 39

COMMITTEES; Senate Standing; membership changes Pages 16,18,19, 20, 21, 22, 23

COMMITTEES, STUDY (Also See Commissions, Boards) Advisory Committee on Community Employment at World Congress Center. Aged and Disabled Transportation Task Force. Agriculture; Olympic Activities; GA 96 AG Joint Steering Committee. Automobile Repair Shops; commission to study certification, licensing. Barriers to Affordable Housing Study Committee. Barriers to Business Recruitment and Downtown Development Committee. Biomedical Technology Study Committee. Budgetary Responsibility Oversight Committee; creation; members. Budgetary Responsibility Oversight Committee; evaluate privatization. Cherokee County Property Tax Structure Study Committee. Childhood Lead Poisoning Study Committee. Columbus Technical Institute and Columbus College Study Committee. Competitive Local Telephone Service Study Committee. Comprehensive School Health Services Study Committee. Economic Development Incentives Study Committee. Educational Technology Plan; urge systematic planning and review. Effective State Vehicle Acquisition and Utilization Study Committee. Employer Child Care Issues Study Committee. Emus Birds; commercial production, farming; urge feasibility study. Energy Qualifications and Overview Committee; establishment of. Georgia State Museum and State Library Study Commission. Health Benefit Plan Committee, Small Employers, Carriers, Employees.

SB 39 HR 921 HR 937
SR 93 SR 406 SR 636 SR 374 HB 41 SB 427 HR 1039 SR 136 SR 586 SR 614 SR 553 SR 333 SR 537 SR 627 SR 332 SR 330 SB 250 HR 962 SB 650

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2398

JOURNAL OF THE SENATE

COMMITTEES, STUDY (Continued)

Health Care Reform/Managed Care Conference; steering committee.

SR 557

Health Care Reform/Managed Care Conference; steering committee.

HR 875

Joint Committee on State and Local Bonded Indebtedness. .................... SR 37

Joint Historic Dramas Study Committee.................................... HR 875

Joint Regional Hospital Study Committee. ................................. HR 664

Joint Rhodes Memorial Hall Study Committee.

SR 485

Joint Steering Committee for Georgia General Assembly's Conference on

Access to Health Care. ................................................. HR 242

Joint Study Commission on Revenue Structure; re-creating.................... HR 91

Joint Study Commission on Revenue Structure; re-creation.

HR 662

Joint Study Committee on Child Support. ................................ HB 1515

Joint Study Committee on Environmental Education.

SR 512

Joint Study Committee on Historic Dramas................................. HR 726

Local School Board Empowerment Study Committee. ........................ SR 389

Long-term Patient Care; Study Committee on Ombudsmen Services.

SR 464

Migrant and Seasonal Farm Workers Access Health Care Study Committee. SR 336

Pain Management Study Committee. ....................................... SR 568

Paper Conservation Study Committee. ...................................... SR 599

Petroleum Pipeline Study Committee. ...................................... SB 626

Postage Cost Reduction Study Committee. .................................. SR 556

Postage Cost Reduction Study Committee. .................................. SR 565

Privatization of Certain Governmental Services, Joint Study Committee.

SR 66

QBE; urge appointment of task force to review program formula.

SR 183

Standing Committees; members; travel expenses paid by lobbyists.

SB 118

State Contracts; disparity in participation by minorities; study of.

SR 146

Study Committee for a Seamless Education System. ......................... SR 567

Study Committee for Reorganization of the Department of Education.

SR 387

Study Committee on Core Knowledge for Education.

SR 388

Study Committee on In Lieu Tax Payments by State to Municipalities.

SR 550

Telecommunications Planning Study Committee. ............................ SR 551

Wildlife Protection Study Committee. ...................................... SR 259

COMMUNITY AFFAIRS DEPARTMENT Administrative Assignment of Georgia Sports Hall of Fame Authority. Contracts; regional development centers; appoint nonvoting members. Duties; Business Expansion Support Act; job tax credit program. Duties; technical support to Petroleum Pipeline Study Committee. Local Assistance Grants; funding; supplemental appropriations. Regional Development Centers; boundaries; transfer certain counties. Regional Development Centers; relocating territorial boundaries. Review Local Construction Codes Relating to Fire Safety Standards.

HB 1187 HB 1482 HB 1527
SB 626 HB 1296 HR 360 HB 1178
SB 533

COMPENSATION RESOLUTIONS

Claims Against the State; Craig J. Winkler; compensate.

HR 263

Claims Against the State; James C. Cook.

HR 926

Claims Against the State; Jimmy Helton.

HR 259

Claims Against the State; Louis Horn III.

HR 767

Claims Against the State; Nelson 0. Scoggins.

HR 906

Claims Against the State; Nina Wilson; compensate.

HR 96

Claims Against the State; Shirley Selph. ................................... HR 339

Claims Against the State; Walter Lewis. ................................... HR 124

COMPETITIVE LOCAL TELEPHONE SERVICE STUDY COMMITTEE.

SR 614

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INDEX

2399

COMPOST, MULCH; yard trimmings; disposal restrictions; soil composting. .SB 289

COMPREHENSIVE SCHOOL HEALTH SERVICES STUDY COMMITTEE. ...... ........................................... SR 553

COMPULSORY SCHOOL ATTENDANCE AFDC Recipients; eligibility; teenagers; school attendance required.............. SB 66 Mandatory Education to 18th birthday; exceptions. ........................... SB 72

COMPUTERS AND DATA PROCESSING SYSTEMS

Computer Training for Teachers; use of lottery proceeds. ..................... SB 453

Educational Technology Plan for Georgia; urge development, review. .......... SR 537

Electronic Monitoring of Employees; privacy restrictions. ..................... SB 646

Evidence; admissibility of videotapes; authentication requirements.

SB 412

Evidence; audio-visual recordings; depositions in criminal cases.

HB 1417

Lottery Retailers; electronic dispensers; sales to minors; penalty.

HB 1503

Securities; documents, records; new electronic filing system.................. HB 1727

Superior Courts; contracts to market records, computer data. ................. SB 456

Telecommunications "Superhighway" Planning Study Committee.

SR 551

Telecommunications Technology; study of local telephone service. ............. SR 614

Vehicle Licensing, Registration, Titling; use of electronic formats.

SB 518

CONAGRA POULTRY COMPANY; lease; Railroad right-of-way; Whitfield County.......................................................... SR 469

CONASAUGA JUDICIAL CIRCUIT

Superior court; fourth judgeship. ........................................... SB 261

Superior Court; fourth judgeship; Murray and Whitfield Counties.

SB 450

Superior Court; fourth judgeship; Murray and Whitfield Counties.............. SB 544

CONDITIONED AIR CONTRACTORS Licensees; building and construction codes; compliance bonds. Licensees; building and construction codes; compliance bonds.

SB 499 SB 669

CONDOMINIUMS

Common Expenses, Assessments; liability of unit owners, mortgagees.

HB 1567

Covenant Restrictions; approval of changes; ownership of amenities.

SB 194

Instruments; unit owners; liability for common expenses, assessments.

HB 572

Multifamily Dwellings; designs for handicapped and impaired veterans.

.SB 311

Smoke Detectors; installation requirements for all dwelling units............... SB 530

CONFEDERATE MEMORIALS Confederate Flag, Monuments; committee substitute to original bill. State Flag; change design to original flag; state-wide referendum. State Flag; remove Battle Flag of the Confederacy design; referendum. State Flag; state commission to study if redesign is warranted.

SB 71 SB 248 SB 136 SB 186

CONFLICTS OF INTERESTS (See Ethics or Elections)

CONGRESS, U.S. (Also See Federal Government)

Federal Taxes Imposed Before Date of Tax Enactment; petition to call

constitutional convention to prohibit.

SR 517

Federal Unfunded Mandates; request Congressional Delegation meeting.

SR 404

Limit Terms of Georgia U.S. Senators and Members of Congress.

SR 140

Term Limitations; U.S. Senators and Representatives......................... SB 344

Term Limitations; U.S. Senators, Representatives; serve for 12 years.

SB 57

Urge Action to Curb Unfunded Federal Mandates Imposed Upon States.

SR 59

Urge Amend U.S. Constitution to Prohibit Retroactive Taxation............... SR 585

Urge Full Disclosure of National Health Care Reform Plans.

SR 626

Urge preserve ban prohibiting homosexuals serve in U.S. military. ............. SR 195

Refer to numerical index for page numbers

2400

JOURNAL OF THE SENATE

CONSERVATION AND NATURAL RESOURCES (See Natural Resources or Environmental Protection)

CONSTITUTIONAL AMENDMENTS

Ad Valorem Taxation; property assessment; limitations on increases.

SR 92

Adult Violent Felons; 3rd serious conviction; life without parole.

SR 405

Alcoholic Beverage Sales and Activities Involving Nudity;

regulatory authority of local ordinances.

HR 709

Appropriations; mandatory state funds for educational purposes.

SR 91

Appropriations; supplementary Acts by General Assembly not authorized.

SR 63

Appropriations; supplementary Acts increasing expenditures prohibited;

except to provide reserve funds. .......................................... SR 539

Bills for Raising Revenue, Appropriating Money; General

Assembly requirements. .................................................. SR 94

Bills for Raising Revenue; General Assembly requirements. .................... SR 65

Board of Regents; appropriated funds; restrict use without approval.

HR 555

County, Municipality Joint Projects to Develop Regional Facilities;

ad valorem tax sharing; job tax credits to such facilities.

SR 203

Courts; level of funding by counties; method to settle disputes. ............... SR 192

Courts; nonuniform jurisdiction; authorize pilot program courts.

HR 712

Divorce Cases; court render judgment in cases without jury verdict. ........... SR 141

Election by Plurality of Votes; Secretary of State; Attorney General;

School Superintendent, Insurance, Agriculture, Labor Commissioners.

SR 536

Enactment of Appropriation Bills; reduction in whole or in part by

Governor; provide for overriding such reduction.

SR 27

Enactment of Appropriations Bills; expenditure limitations; excess

revenue in reserve funds; local government costs, proportioned share.

SR 148

Enterprise Zones; creation; different ad valorem tax treatment;

local referendum approval................................................ SR 206

Enterprise Zones; creation; property classification for ad valorem. ............. SR 495

General Assembly; bills imposing state taxes, fees, charges or

assessments requires approval by %'s of members.

SR 384

General Assembly Members; four-term limitation upon members.

SR 414

Hazardous Waste Sites; authorize state debt for corrective actions.

SR 546

Health Care Providers; contracts advantageous to public but

may effect competition; amend Constitution.

SR 531

Health Care Providers; contracts, agreements having public advantage

but lessening competition; amend Constitution.

HR 943

Housing Renovated for Low-Income Persons; ad valorem tax exemption.

SR 407

Imprisonment for Life Without Parole; restrict powers of Pardons

and Parole Board to commute sentences.

SR 375

Industrial Area Constitutionally Created; removal of property

located on an island.

SR 509

Initiative Petitions to Enact or Repeal Statutes; powers vested

in people to submit to registered voters for approval or rejection.

SR 151

Local Taxing Jurisdictions; certificate of participation indebtedness

or obligation (COPS); requires elector approval.

SR 385

Motor Fuel Tax Proceeds; additional purposes; rapid transit

and railroad passenger services. .......................................... SR 382

Nonprofit Organizations Holding of Raffles Shall Be Lawful.

SR 107

Nude or Other Sexual Conduct; authorizing regulation of.

SR 187

Pardons and Parole Board; abolish; grant powers to Superior Courts.

SR 445

Pardons and Parole Board; commuting death sentences, granting

parole; restrict powers. ................................................... SR 99

Pardons and Parole Board; restrict powers, limit authority.

SR 524

Refer to numerical index for page numbers

INDEX

2401

CONSTITUTIONAL AMENDMENTS (Continued)

Sales Tax for Education; impose to replace local ad valorem taxes.

SR 525

Schools With 50% of Students Having Academic Deficiencies; provide

for state to takeover management and control.

SR 427

Spouses Living Separately; maintenance actions; venue rules.

SR 392

State Board of Education; members elected by General Assembly;

State School Superintendent appointed by board. .......................... SR 390

State Commission on Judicial Compensation for Supreme Court Justices,

Appellate and Superior Court Judges; establish. ........................... SR 456

State Funds; education appropriations; require 50 percent annually.

SR 413

State Lottery; continued existence; resubmission to voters.

SR 134

State Mandated Programs Necessitating Additional Local

Revenue Expenditure Prohibited.......................................... SR 383

State, Superior and Appellate Courts; vacancies filled by appointment

subject to confirmation by Senate......................................... SR 429

State Taxes, Fees, Assessments; authorization; approval by two-thirds

of General Assembly members. ............................................. SR 6

Terms of Office; limitations; elected public officers.............................. SR 5

Terms of Office; limitations; elected public officers............................ SR 140

Terms of Office; limitations; General Assembly members. ...................... SR 17

Terms of Office; limitations; General Assembly Members, Lt. Governor.

SR 90

U.S.; urge Congress amend prohibiting federal retroactive taxation.

SR 585

Violent Felony Offenses; mandatory service of sentence; persons

previously convicted sentenced life without parole. ......................... SR 395

CONSTITUTIONAL OFFICERS (See Public Officers and Employees)

CONSTRUCTION (Also see Contractors or Contracts)

Blasting Operations; blasters; explosives users; licensure.

HB 866

Building Codes; fire safety standards; local codes subject review.

SB 533

Building Codes; handicap access; implement state accessibility codes.

SB 495

Conditioned Air Contractors; journeyman; licensing; testing boards.

SB 718

Conditioned Air Contractors or Licensed Plumbers; bond requirements.

SB 499

Conditioned Air Contractors or Licensed Plumbers; bond requirements.

SB 669

Construction Codes; buildings, other structures; state minimum standards;

transfer functions to Commissioner of Insurance. ......................... HB 505

Contracts for Property Improvements; timely payments; Prompt Pay Act.

HB 837

Fire Codes; smoke detector requirements for all dwelling units. ............... SB 530

Home Builders; code violations; contracts; warranties; arbitration.

HB 1608

Housing; standards, designs; accessibility for handicapped veterans.

SB 311

Land-disturbing Activities; erosion control; minimum requirements............. SB 608

Plumbers; master, journeyman; license renewal; continuing education.

HB 1690

Property Improvement; payment bond, security deposits; rights

of certain parties. ...................................................... HB 545

Property Improvements; liens for work done, material furnished.

SB 546

Residential; legislation impacting housing costs; explanatory note.

SB 591

Roofing Contractors; regulate; create new licensing division.................... SB 190

Utility Contracting; definition; certification; bid procedures.

HB 1596

Utility Contractors; licensing; certification; effective date.

HB 1193

Utility Contractors; licensing; certification of managers, foremen.

SB 425

CONSUMER TRANSACTIONS (Also See Selling and Other Business Practices)

Clinical Laboratories; costs of tests; billing; prohibited practices.

SB 345

Credit Repair Services; deceptive advertising, business practices. .............. SB 157

Crimes Against Elderly or Disabled Persons; violations; penalties.

HB 193

Fraudulent Attempts to Obtain Refunds; giving false information. ........... HB 1378

Refer to numerical index for page numbers

2402

JOURNAL OF THE SENATE

CONSUMER TRANSACTIONS (Continued)

Health Care Providers; patient referrals; restrictions; disclosure. .SB 281

Health Care Providers; referral practices; prohibit exploit patient.

SB 236

Home Builders; contracts; warranties; arbitration; code violations. ........... HB 1608

Hotel Price Gouging During 1996 Olympic Games Period; penalties. ......... HB 1357

Insurance Premium Finance Companies; contracts; written

disclosure of cancellation procedures. ................................... HB 1393

Privacy for Consumers and Workers Act; electronic monitoring.

SB 646

Residential Mortgage Licensees; loan transaction disclosures................. HB 1636

Seed Arbitration Council; review purchaser complaint against seller. ......... HB 1641

Telecommunications; local exchange services; competitive zones................ SB 566

CONTRACTORS

Asbestos Removal or Disposal; training required of persons employed.

SB 135

Builders; designs for private residences; handicapped accessibility.

SB 311

Conditioned Air Contractors or Licensed Plumbers; bond requirements.

SB 499

Conditioned Air Contractors or Licensed Plumbers; bond requirements.

SB 669

Conditioned Air; journeyman; provide licensing; testing boards.

SB 718

Construction Codes; state minimum standards; extensive revisions.

HB 505

Construction Services; contracts; timely payments; Prompt Pay Act.

HB 837

Irrigation; licensure; qualifications; suspension; local permits.

HB 516

Lead Abatement Contractors; licensing; training; certification.

HB 1270

Liens for Property Improvements; Notice of Commencement requirements. SB 546

Plumbers; master, journeyman; license renewal; continuing education.

HB 1690

Propane Dealers; limit installation of certain heating, air systems.

SB 669

Property Improvement Construction; payment bond, security deposits;

preserving rights of certain parties; filing notices. ......................... HB 545

Property Improvements; improper use of payments; intent to defraud.

SB 50

Utilities; high-voltage electric lines; notification center.

HB 1728

Utility; contractor licensing; certification of managers, foremen.

SB 425

Utility; managers, foremen; licenses; certification; effective date.

HB 1193

Utility Underground Systems; contractors; valid certification; bids.

HB 1596

CONTRACTS

Bad Checks; progress payments; labor, services, shipped merchandise.

SB 223

Bid Procedures for Utility Contracting Work; requirements.

HB 1596

Code Revision; Title 13; correct errors and omissions.

HB 1208

Court Reporter Services; disclosure of arrangements; violations.

HB 1321

Credit Repair Services; furnish buyer with information statement.

SB 157

Department of Children and Youth Services; authority of. .................. HB 1626

Health Care Providers; antitrust laws; exempt certain contracts.

HR 943

Health Care Providers; authorize contracts lessening competition.

SR 531

Health Care Providers; cooperative agreements for public advantage.

HB 1825

Health Care Providers; cooperative agreements; public advantage.

SB 673

Housing Authorities; preference to businesses operated by residents.

SB 610

Lottery Gaming Products or Services; vendors; competitive bids.

SB 596

Property Improvement Construction; payment bond, security deposit;

preserving rights of certain parties. ...................................... HB 545

Property Improvements; owners, contractors, subcontractors, suppliers;

timely payments; Prompt Pay Act. ...................................... HB 837

Public Works; responsible bidders; counties of 550,000 or more.

HB 607

Retail Installment, Revolving Accounts; written agreements; payments.

SB 696

State; minority business participation; procurement process; bids.

SB 134

State; minority owned business participation; bid opportunities.

SB 207

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INDEX

2403

CONTROLLED SUBSTANCES (Also See Drugs or Pharmacies

or Crimes and Offenses)

Convictions for Drug-related Offenses; driver's license suspension.

HB 1000

Dangerous Drugs; change listing; change cross reference..................... HB 1217

Dangerous Drugs; change listing; industrial grade nitrous oxide.

HB 1334

Dangerous Drugs to be Kept in Original Container; remove requirement.

SB 660

Drug Tests; positive results; forfeit right to workers' compensation.

SB 545

Firearms; unlawful possession; persons influenced by certain drugs.

SB 121

Forfeitures; property seizures; informant reward payments.

SB 237

GBI Forensic Science Laboratories; testing of substances, evidence.

HB 838

Violations; repeat felony offenders; change penalties, punishment.

SB 489

Violent Felony Acts to Obtain Drugs; armed robbery; penalties.

SB 441

CONYERS; city council; composition; referendum.

SB 550

COOK, JAMES C.; claims against the state; compensating.

HR 926

CORDELE JUDICIAL CIRCUIT
Superior Court; judges; salary supplement; Ben Hill, Crisp, Dooly, Wilcox Counties. ............................................... HB 1915

CORONERS (See Medical Examiners or Public Officers, Employees)

CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS

Banks, Bank Holding Companies; interstate, reciprocal banking.

SB 451

Campaign Contributions; limitations; influencing ballot questions.

HB 1199

Charitable Solicitations; telemarketing; fraudulent practices.

SB 567

Code Revision; Title 14; correct errors and omissions. ...................... HB 1208

Insurance, Banks, Trust Companies; issuance of preferred stock.

SB 694

Insurance; life policies; insurable interest or group requirements.

HB 484

Insurers; certificate of authority; capital stock; surplus required.

HB 914

Insurers; conversion to stock insurer; requirements for plans.

HB 1623

Insurers; corporate underwriters; solvency; surplus line brokers.

SB 670

Insurers; premium taxes; proceeds distribution formula; updated data.

SB 564

Limited Liability Companies; partnerships; execution of certain

documents; name registration exemption................................. HB 1502

Nonprofit Corporations; subsidiary of Music Hall of Fame Authority.

SB 525

Nonprofit Statutes; applicable Georgia Sports Hall of Fame.

HB 1936

Property Management Companies; residential rental; business location.

SB 481

Property Owners' Association Act; governance; incorporation.

HB 574

Real Estate Brokerage Firms; licensees; affiliate partnerships.

HB 1227

Secured Transactions; collateral; notice filing to perfect interest; financing

statement requirements; central indexing registry.

HB 1836

Uniform Partnership Act; foreign limited liability partnerships.

HB 1813

CORRECTIONS (Also See Inmates or Jails)

Code Revision; Title 42; penal institutions; errors and omissions.

HB 1208

Correctional Officers; two breaks during each 8-hour shift.

SB 54

County Institutions, Jails; confinement as condition of probation.

SB 270

County Juvenile Detention Systems Transferring to State-wide System;

employee retirement membership.

SB 211

Custody, Detention Orders; disclosing AIDS confidential information.

HB 1186

Department of Children and Youth Services; contracts and agreements.

HB 1626

Department; probation personnel; lawful possession of firearms.

SB 568

Designate; Carlton H. Colwell Probation Detention Center.

HR 863

Designate; Robert Lee Patten II Probation Detention Center. ............. SR 561

Hart County Probation Detention Center; urge rename as Bobby Joe

Whitworth Probation Center. ............................................ SR 304

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2404

JOURNAL OF THE SENATE

CORRECTIONS (Continued)

Inmates Convicted of Violent Crimes; serve % prison term imposed.

SB 429

Inmates; custodial status changes; victim information, notification.

HB 211

Inmates; sentence of death; restrict commuting to life imprisonment.

SR 99

Inmates; sentence of imprisonment for life without parole; restrict

powers of Pardons and Parole Board. ..................................... SR 375

Inmates Sentenced as County Inmates; award of good-time allowances.

SB 449

Inmates Sentenced County Jail; convicted felon; good time allowance.

HB 1784

Inmates Serving Second Life Sentence; mandatory minimum sentences. .SB 441

Jails, Prisons; regulating population; release of certain inmates.

SB 441

Juveniles in State Custody; placement in private homes; assess risk.

SB 548

Juveniles; violent offenses; custody and detention; confinement.

SB 440

Municipal Court Probation Systems; collection of delinquent fines.

SB 498

Officers; indemnification; circumstances considered line of duty.

HB 250

Pardons and Paroles; state board voting records; public inspection.

SB 64

Prison Guards; indemnification; compensable claims; payments.

HB 1617

Probation; conditions; juvenile delinquents; boot camp program.

SB 150

Probation Personnel; firearms possession; exemptions.

HB 1209

Warden, Officers, Supervisors; retirement membership; prior service.

HB 498

Wardens, Officer, Supervisors; Peace Officers' Benefit Fund members.

HB 498

CORRECTIONS COMMITTEE, SENATE; Senator Hill act as Chair ............................................................ Pages 560, 1341

CORTONA, ITALY AND UGA STUDIES ABROAD PROGRAM; commend. ................................................... SR 603

COSMETOLOGY, STATE BOARD; membership; regulate electrologists.

SB 575

COTY, DANNY; Eagle Scout; commend.

SR 436

COUNCIL OF MUNICIPAL COURT JUDGES OF GEORGIA; creation. HB 1459

COUNSELORS Addiction Counselors; scope of practice; license exemption. Professional Counseling; licensing requirements; exceptions.
Professional Licensure; revise requirements; definitions; exemption. Psychologists; licensure; requirements; training; exceptions. School Psychology Services; contracts; certain certified persons.

HB 1330 SB 434 SB 642 SB 512 SB 436

COUNTIES (Also See Local Government) Ad Valorem; aircraft; return in county of primary home base. Ad Valorem; alternative source of revenues; commission to study. Ad Valorem; appeals of assessment; duties of Boards of Equalization. Ad Valorem; assessment; changing valuation established on appeal. Ad Valorem; county boards of equalization; training requirements. Ad Valorem; county property appraisal staff; license exception. Ad Valorem; county taxes; Homestead Option Sales Tax Act. Ad Valorem; enterprise zones; different tax treatment upon approval. Ad Valorem; enterprise zones; exempt property located within. Ad Valorem; equalization boards; appeal decisions; additional boards. Ad Valorem; homestead exemption; riling date; ineligible assessors. Ad Valorem; homestead exemption for elderly; state-wide referendum. Ad Valorem; hospital authorities; privately leased floor space. Ad Valorem; mobile homes; moving without required decals; penalties. Ad Valorem; property tax assessment; limitations on increases. Ad Valorem; property tax assessments; appeals; hearings; trials. Ad Valorem; sharing tax proceeds; economic development facilities.

HB 1654 HR 91
HB 1436 HB 1196 HB 1506
SB 266 HB 1222
SR 206 SB 166 HB 328 SB 472 SB 394 HB 674 SB 209 SR 92 SB 296 SR 203

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INDEX

2405

COUNTIES (Continued)

Ad Valorem; tax assessors; taxpayer notices; arbitration appeals.

HB 1504

Ad Valorem; tax collector, commissioner; final settlement period.

HB 567

Ad Valorem; tax executions; transmittal for recording on docket. .SB 534

Ad Valorem; taxing jurisdictions; duties; millage rate adjustments.

HB 554

Airports, Landing Fields; commercial expansion; referendum approval.

SB 94

Board of Jury Commissioners and Clerk; per diem compensation.

HB 446

Board of Jury Commissioners; jurors; sources for compiling list.

SB 193

Boards of Education; members; medical, dental insurance coverage.

SB 473

Boards of Elections; vacancies created by qualifying public office.

HB 295

Boards of Health; assist administration of school health services.

SB 46

Boards of Health; contracts; mental health community service boards.

SB 511

Boards of Health; contracts; mental health service delivery.

SB 603

Boards of Health; employees; insuring, indemnification, unemployment,

workers' compensation; bonding.

HB 1921

Boards of Health; reorganization of local mental health services.

SB 49

Boards of Health; safety inspections; permits; tattoo artist studios.

SB 517

Boards of Health; school health services; cooperative programs.

SB 690

Boards of Health; sewage; regulations; on-site individual systems.

HB 1658

Child Abuse Protocol; establishment of judicial circuit committees.

SB 492

Civil Service Systems; employees of sheriff; counties over 400,000.

.SB 239

Commissioners, Chairpersons; nonpartisan primaries, elections.

SB 370

Compensation According to Population Brackets; judges, clerks,

sheriffs, tax collectors; minimum annual salaries.

HB 1710

Contracting Powers; federal community development block grant funds.

SB 570

Contracts; World Congress Center projects; discontinued projects.

SB 569

Contractural Indebtedness; use of COPS/certificate of participation.

SR 385

Costs of New Programs or Services Imposed by State; limitations.

SR 148

Counties of 550,000; purchasing agent; eliminate certain powers.

SB 500

County Jail; grand jury investigative authority; redefine........................ SB 31

County Treasurer, Depository; investigative authority of grand jury.

SB 31

DFACs; county boards; appointment of members; vacancies; terms.

SB 469

DFACs Offices; duties; Work for Welfare Pilot Program; 10-counties.

SB 464

Elections; nonpartisan local government offices.

HB 1215

Elections; proposed ballot question; limit contribution influencing.

HB 1199

Elections; voting and registration; conform 1993 federal Act.

HB 1429

Elections; voting and registration; officials' qualifications; dates.

HB 897

Elections; withdrawal of nominated candidates; ballots; post notice.

HB 376

Emergency Services; certain hospitals; certificate of need exemption.

SB 257

Employees of Juvenile Detention Systems; retirement membership. .SB 211

Erosion and Sedimentation Act; permit issuance; local program review.

SB 608

Financial Audits; reports; expenditure levels; corrective actions.

HB 1415

Funding of Court Operations; disputes of adequate basic level.

SR 192

Governing Authorities; members; minimum annual salaries.

SB 380

Governing Authorities; official documents, minutes; maintenance of.

SB 668

Grand Juries; change investigative powers to examine county offices,

officials, boards of education, jails.

HB 1190

Hospital Authorities, Transfer State Operation; employee retirement.

HB 807

Hotel-Motel Taxes; expending for Aviation Museum and Hall of Fame.

HB 1241

Housing Authorities; commissioners; representative elected official.

HB 1180

Indigent Residents; hospital emergency care; liability for cost.

SB 331

Insurance Premium Taxes; proceeds distribution formula; revised data.

SB 564

Intangible Recording Tax Payments; designated collecting officer.

HB 1642

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2406

JOURNAL OF THE SENATE

COUNTIES (Continued)

Juvenile Detention Systems; transferred employees; retirement option.

HB 671

Law Libraries; trustees; powers; pooling of funds; use of moneys.

HB 1459

Liability in Tort Actions; limited waiver of sovereign immunity. ............. SB 649

Litter Control; trash, garbage containers; prohibit remove items.

HB 95

Local School Boards; state regulatory involvement; study committee.

SR 389

Nude Dance Clubs and Alcoholic Beverage Sales; regulatory ordinances.

HR 709

Obsolete, Uncodified Acts Based on Population Classification; repeal.

SB 645

Ordinances Relating to Loitering; arrest and prosecution.

HB 1531

Probation Systems; employees; arrest powers as peace officers. ................ SB 409

Property Transactions Located in Adjoining County; restrictions............... SB 668

Property Transactions Located in Adjoining County; restrictions.

HB 715

Public Officers or Employees; sale of personal property to political

subdivision; filing disclosure statement. .................................... SB 31

Public Offices; vacancies; interim appointees; special elections.

HB 304

Public Works Contracts; responsible bids; counties of 550,000. ............... HB 607

Regional Development Centers; boundaries; certain transferrals.

HR 360

Residential Utilities; prior occupant unpaid charges; limited liens.

HB 862

Roads; property not needed; abandonment procedure; notice; hearings.

HB 1539

Sales Tax; joint city-county; renegotiated proceeds distribution.

HB 1489

Sales Tax; special purpose; road projects; proceeds excess of costs.

SB 543

Sales Tax; special purpose; solid waste collection and disposal.

HB 1704

Sales Tax; special 1%; Homestead Option Sales Tax Act.

HB 1222

School Crossing Guards; traffic safety; duty of county to provide.

SB 722

Sheriffs; fees for legal counsel for actions brought against. ................... HB 343

State Mandated Programs Necessitating Additional Local Revenue

Expenditure Prohibited; amend Constitution. .............................. SR 383

Tax Assessor Boards; members; certain appraisers ineligible.

SB 472

Tax Assessor Boards; members; certain appraisers ineligible.

HB 1693

Tax Assessor Boards; members; term of office.

SB 158

Tax Commissioners, Collectors; salaries; increase minimum amount.

SB 282

Tax Executions; excess funds from tax sales; unclaimed; disposition.

SB 612

Tax Liens on Property Condemned for Urban Development; setoff award.

HB 989

Tax Receivers; duties; ad valorem taxes; certification of tax digests.

SB 659

Unfunded Mandated Expenditures; procedures for General Assembly.

SB 661

Vehicle Licensing, Registration, Titling; use of electronic formats.

SB 518

Vehicle Registration; transfer fees; exempt certain elderly.

SB 400

Waste-water; sludge disposal or storage; county approval.

SB 276

COURT REPORTERS Certification; permit holders; fitness to practice; depositions. .................. SB 356
Services; contracts; disclose arrangements; disqualifications; prohibit certain contracts. ............................................. HB 1321

COURTS (Also See Judicial Circuits or Superior Courts)

Administrative Office of the Courts; duties; services to Municipal

Court Judges Council. ................................................. HB 1459

Alternative Dispute Resolution Program; grandparent visitation right.

SB 686

Appeals in Criminal Cases; rules; defendant right to cross appeal.

HB 109

Appellate; appeal applications; extend period of response.

HB 1189

Appellate; appeals; grounds for dismissal; nonpayment of costs.

SB 581

Appellate; docketed appeals; filing supersedeas bond.

HB 1188

Appellate Judges; create state commission to establish compensation.

SR 456

Appellate; judges; Governor's appointees subject Senate confirmation.

SR 429

Appellate Judges; increase annual salaries.

HB 1398

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INDEX

2407

COURTS (Continued)

Attorney's Fees in Frivolous Actions; time of motion. ...................... HB 1687

Civil Actions; dismissal for want of prosecution; reduce time period.

SB 32

Civil Actions; frivolous actions; attorney's fees; motion to recover. ............. SB 637

Civil Actions; malpractice charges; failure to file affidavits. .................... SB 398

Civil Actions; witnesses; state regulatory agencies; no compensation.

SB 229

Civil Cases; appeals to Appellate Courts; filing supersedeas bond. ........... HB 1188

Civil Cases; divorce actions; court render judgment in all cases.

SR 141

Civil Cases; SLAPP Lawsuits to redress grievances in public issues.

SB 410

Civil Practice; arbitration appeals of ad valorem tax assessments.

HB 1504

Clerks' Cooperative Authority, Georgia Superior Court; membership.

SB 676

Clerks; duties; publish notice of conviction for DUI ofFenses.

SB 119

Code Revision; obsolete Acts based population classification; repeal.

SB 645

Code Revision; Title 15; correct errors and omissions.

HB 1208

Costs Incurred to Enforce Child Support Payments; payment of. .............. SB 268

Counties; level of funding; matters in dispute; method to settle.

SR 192

County Law Libraries; pooling of funds; use of moneys; additional

costs in court cases. ................................................... HB 1459

Court Reporters; certification; permit holders; fitness to practice;

disciplinary actions; taking of depositions.

SB 356

Court Reporters; contracts; disclose arrangements; disqualification.

HB 1321

Courthouses; allocation of space; driver improvement clinics, DUI

alcohol or drug use reduction programs.

SB 109

Criminal Procedure; arrest of persons for felony offense; bail.

HB 325

Criminal Procedure; evidence; discovery and inspection; disclosure;

witnesses; depositions; costs; appointment of counsel....................... HB 828

Criminal Procedure; search warrants; lawful evidence obtained.. ............... SB 113

Criminal Procedure; vehicle hijacking; no post-conviction release.

HB 1080

Criminal Proceedings; legal assistants; third-year law students.

HB 190

District Attorneys; appointment of a substitute to serve; retirees.

HB 1662

District Attorneys; offices and records; grand jury inspections.

SB 31

District Attorneys; retirees; private practice; repeal prohibition.

SB 349

District Attorneys; retirement; increased benefits.

HB 804

Divorce Cases; eliminate jury trials; court shall render judgment.

SB 174

Domestic Relations Actions; standing orders restraining parties.

HB 679

Evidence; admissibility of videotapes made by law enforcement.

HB 1228

Evidence; admissible; photos, motion pictures, videos, audio records.

SB 412

Evidence; disclosure; patient-client confidentiality. .......................... HB 194

Evidence; submission and testing of certain substances; procedure.

HB 838

Evidence; witness testimony; deposition procedures; medical reports.

HB 1417

Evidence; witnesses; husband and wife privileges; person compelled

to give evidence of crimes occurred prior marriage.

SB 609

Family Court System; commission to study implementation of.

SR 409

Family Violence Cases; alleged abusers; conditions for bail.

HB 1303

Family Violence Cases; eliminate automatic bail; conditions.

SB 466

Family Violence Cases; ofFenses bailable only before superior court.

SB 555

Family Violence Cases; petitions seeking relief; time for hearings.

SB 467

Family Violence Cases; petitions seeking relief; time for hearings.

HB 1300

Family Violence; protective orders; petition to extend or convert.

HB 1302

Family Violence; protective restraining orders; temporary; permanent.

SB 465

Fines and Forfeitures; peace officers' training funds; remittance................. SB 65

Forfeitures Under Controlled Substances Act; informant rewards. ............. SB 237

Grand Juries; investigative powers to examine public offices. ................ HB 1190

Grand Juries; redefine investigative authority; alternate jurors.

SB 31

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2408

JOURNAL OF THE SENATE

COURTS (Continued)

Grand Jurors; oath; change gender; foreperson; grammatical revisions.

HB 820

Indigent Defense Council; employees; ERS retirement membership.

HB 192

Indigent Defense; state funded programs; counsel in certain cases.

HB 1254

Judges, Justices; create State Commission on Judicial Compensation.

SR 456

Judges; part-time; attorney acting as counsel to government entity.

SB 120

Judges; state, federal trial and appellate; firearms exemption. ............... HB 1209

Judges; state, superior and appellate; vacancies filled by appointment

subject Senate confirmation; amend Constitution. .......................... SR 429

Judicial Circuits; child abuse protocol; membership of each county.

SB 492

Judicial Council, Board of Court Reporting; powers to regulate.

SB 356

Judicial Officers Elected Statewide; accepting campaign contribution. .......... SB 657

Judicial Review; contested cases under Medicaid seeking remedies.

SB 509

Jurisdiction; nonuniform; pilot program courts; amend Constitution.

HR 712

Jurors; compilation of lists; certain persons to submit data.

SB 193

Jurors; qualifications; United States citizen. ................................. SB 438

Jury Commissioners and Clerk of the Board; per diem compensation.

HB 446

Juvenile; additional penalties in DUI cases.

HB 690

Juvenile; associate judges; qualifications.

HB 1327

Juvenile; delinquency, deprivation or unruliness; community based,

multiagency risk reduction program; intervention plans.

SB 560

Juvenile Delinquent Acts; felony penalty for person to contribute to.

HB 533

Juvenile; indigent defense representation.

HB 1254

Juvenile; petitions for exclusion from child abuse registry; inclusion

of names in registry; modify procedures. ................................ HB 1351

Juvenile; probation services; Richmond County; transfer state system.

SB 366

Juvenile; right of state to direct appeal; delinquency cases. ................. HB 1687

Juveniles Committing Certain Felony Offenses; release from custody.

SB 535

Juveniles Committing Felony Crimes; notify school officials.

SB 132

Juveniles Committing Felony Crimes; presentencing investigations.

SB 559

Juveniles Committing Violent Felony Acts; criminal jurisdiction.

SB 440

Juveniles; delinquency hearings; felony acts; records; notify school.

SB 461

Lawyers for Justice Project; volunteer indigent defense; commend.

SR 397

Litigation Involving Theft of a Trade Secret; protective orders.

SB 224

Magistrate; civil proceedings; judgments; deferred partial payments.

SB 393

Magistrate; commend. ..................................................... SR 590

Magistrate; indigent legal defense; felony, misdemeanor cases.

HB 1254

Magistrate; misdemeanor bad check prosecutions; practices, procedure.

HB 326

Magistrate; prosecution of county loitering ordinance; arrests.

HB 1531

Magistrate; special judges; appointment of superior court judges.

SB 31

Misdemeanor Offenses; marijuana possession; trial and sentencing.

SB 576

Municipal Court Judges Council of Georgia; creation.

HB 1459

Municipal; jurisdiction; violators of Erosion and Sedimentation Act.

SB 608

Municipal; probation fines, restitution; collecting delinquencies.

SB 498

Paternity Actions; admission of genetic test results.

SB 148

Persons Denied Right to Purchase Firearms Based GBI Records; hearings.

SB 12

Probate Courts; additional costs; oaths of guardians, executors;

judgment on fiduciary bonds; sales of estate property. .................... HB 1281

Probate; custody, detention orders; AIDS confidential information. .......... HB 1186

Probate; foreign wills; recording in county in which property lies.

HB 361

Probate; judges, clerks; eligibility; jurisdiction in certain cases.

HB 1754

Probate; judges, employees; service retirement at age 55.

HB 1090

Probate; judges; jurisdiction; appointment of guardians of minors.

SB 538

Probate; judges; minimum annual salaries; population brackets.

HB 1710

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INDEX

2409

COURTS (Continued)

Probate; judges; retirement membership; dues; prior service credit.

HB 1091

Probate; jurisdiction; misdemeanor boat safety violations.

SB 448

Probate; jurisdiction over Georgia Boat Safety Act violations.

HB 710

Probate; serving documents to minors or incapacitated adults. ................ HB 71

Records; DUI convictions; transmit to person's insurance company.

SB 420

Records; students committing designated felony acts; notify schools. .SB 132

Sentences; imprisonment for life without parole; restrict powers of

Pardons and Parole Board; amend Constitution.

SR 375

Sentencing and Punishment; cases involving serious violent felonies.

SB 441

Sentencing Convicted Felons to County Jail; certain circumstances.

HB 1784

Sentencing; DUI offenses; mandatory punishment; not suspend, probate.

SB 403

Sheriffs; actions arising from performance of duties; legal counsel.

HB 343

Sheriffs; cash bonds; deposit interest-bearing account; exception.

HB 1499

Sheriffs; compensation; minimum salaries; population brackets.

HB 1710

Sheriffs, Deputy Sheriffs; surety bond conditions.

HB 1667

Sheriffs; duties; maintain registrar of convicted sex offenders.

SB 339

Sheriffs; employees; civil service; deputies; counties over 400,000.

SB 239

Sheriffs; newly elected; requirements; peace officer certification.

SB 551

Sheriffs; qualifications; peace officer training requirements.

SB 458

Sheriffs; renewal of retirement membership; no prior service credit.

HB 500

Sheriffs; retirement membership; increase dues, benefits amounts.

HB 499

State; civil or medical malpractice actions; demand for trial by jury.

SB 62

State; indigent legal defense; felony, misdemeanor cases.

HB 1254

State; judges; Governor's appointees subject Senate confirmation.

SR 429

State; proceedings; alternative locations; certain counties. ................... HB 1715

Superior; Alcovy Judicial Circuit; third judgeship............................. SB 615

Superior; clerks; authorization to carry weapons. ............................. SB 348

Superior; clerks; cancellation of a security deed.

HB 1567

Superior; clerks; central indexing system; filing of financing

statements in secured transactions. ..................................... HB 1836

Superior; clerks; collecting officer for intangible recording tax.

HB 1642

Superior; clerks' cooperative authority; members; appointment.

SB 676

Superior; clerks; current, future retirees; increased benefits. .................. HB 763

Superior; clerks; duties; recording ad valorem tax executions. ................. SB 534

Superior; clerks; duties; recording liens filed on aircraft; fees.

HB 1400

Superior; clerks; duties; recording maps, plats; specifications................. HB 1458

Superior; clerks; filing fees; appeals or actions transferred. .................... SB 486

Superior; clerks; marketing of records, computer generated data.

SB 456

Superior; clerks; minimum annual salaries; population brackets.

HB 1710

Superior; clerks; training council; membership; quorum. ...................... SB 455

Superior; Conasauga Judicial Circuit; fourth judgeship. ....................... SB 450

Superior; Conasauga Judicial Circuit; fourth judgeship.

SB 544

Superior; Conasauga Judicial Circuit; fourth judgeship.

SB 261

Superior; create family court division; jurisdiction; judges.

SB 376

Superior; dispute with county over basic funding; method to settle.

SR 192

Superior; enforce orders of state election board and civil penalties.

SB 215

Superior; indigent legal defense; felony, misdemeanor cases.

HB 1254

Superior; judges and district attorneys; increase annual salaries.

HB 1395

Superior; judges; create state commission to establish compensation. ........... SR 456

Superior; judges; federal court challenge to manner of selection;

appointment after removal from office.

SB 31

Superior; judges; Governor's appointees subject Senate confirmation.

SR 429

Superior; judges; postretiremen!; cost of living increases.

HB 1586

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2410

JOURNAL OF THE SENATE

COURTS (Continued)

Superior; judges; retirees; right to hold office or practice law.

HB 147

Superior; judges; retirement; spousal benefits; rejected coverage.

SB 253

Superior; proceedings; alternative locations; certain counties.

HB 1715

Superior; proceedings; holding in places other than courthouse.

HB 1483

Superior; secretaries; prior service retirement credit.

HB 633

Superior; secretary of judges, district attorney; retirement credit.

SB 378

Superior; Stone Mountain Judicial Circuit; tenth judgeship.

SB 232

Superior; venue, Agricultural Exposition Authority; Houston County.

HB 1191

Supreme; justices and appellate judges; increase annual salaries.............. HB 1398

Trial Judges and Solicitors; retirees; holding office; law practice.

HB 147

Trial Judges and Solicitors; retirement contributions for spouses............. HB 1020

Trials; DUI cases; subsequent waiver of jury trial; disposition. ................ SB 421

Trials; motion for new trial; transcript riling; time extension.................... SB 33

Trials; prosecution of DUI cases; prohibit certain pretrial actions. ............. SB 422

Witnesses; evidence; pharmacist-patient privileged information.

HB 510

Witnesses; evidence; use of photos, videotapes, audio recordings. .............. SB 412

Witnesses; husband or wife; crimes occurred prior marriage; evidence. ......... SB 609

Witnesses; testimony; admissibility and use of depositions.................... HB 828

COWETA COUNTY

Ad Valorem Tax; homestead exemption; certain residents; referendum.

HB 1742

Ad Valorem Tax; homestead exemption of $5,000; referendum.

HB 1743

Probate Court; judge; nonpartisan nomination and election.

HB 1909

State Court; judge, solicitor; full-time duties; salary......................... HB 1741

CRAWFORD COUNTY

Ad Valorem; school district taxes; homestead exemption. ................... HB 1562

Board of Commissioners; compensation.................................... HB 2039

Pollution of Ground Water by Petroleum Pipelines; committee to study.

SB 626

Retirement Plan; transferred juvenile probation employees; options.

HB 671

CRECINE, JOHN PATRICK; President of Georgia Tech; commend........... SR 511

CREDIT CARDS; offense of bank deposit fraud; debit card sales drafts.

HB 1677

CREDIT SERVICES REGULATION ACT.

SB 157

CREDIT UNIONS; state credit unions; employee preferential loan rate....... HB 1676

CRIME INFORMATION CENTER (Also See GBI)

Criminal Trials; records subject to discovery or inspection.................... HB 828

Records Check; conviction data on check sellers, check-cashers. ............. HB 1676

Records Check; fingerprinting; teachers and other school personnel.

SB 526

Records Check; preplacement requirements; adoptive, foster parents.

SB 442

Records; criminal, mental history of potential buyers of firearms.

SB 12

CRIME VICTIMS (See Victims of Crime or Courts)

CRIMES AND OFFENSES Aggravated Assault and Battery; crimes committed within school zones. AIDS Transmitting Crimes; victim exposure; request for HIV testing. Alcohol Related Crimes; additional funds for public safety purposes. Anti-stalking Act; enact new provisions related to stalking. Armed Robbery; mandatory service of sentence for persons convicted. Arrest of Persons for Felony Offense; bail; criminal procedure. Bad Check Misdemeanor Violations; prosecution; magistrate courts. Bad Checks, Offense of; change to criminal offense of bank deposit fraud including debit card sales drafts.

SB 440 SB 632 SB 228 SB 697 SR 395 HB 325 HB 326
HB 1677

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INDEX

2411

CRIMES AND OFFENSES (Continued)

Bad Checks; progress payments; labor, services, shipped merchandise.

SB 223

Bingo; nonprofit operations; nonmember employees; background check.

HB 1182

Bingo; recreational games; noncash prizes; authorized operations.

SB 439

Bingo; recreational games; nursing, retirement homes, hospitals. ............. HB 1183

Boat Safety; misdemeanor offenses; probate court jurisdiction. ................ SB 448

Child Abuse Central Registry; investigations; identifying offender. ........... HB 1351

Child Abuse; suspected abusers; preliminary criminal records check.

SB 468

Child Abuse; suspected cases; removal of child; custody actions. ............... SB 470

Child Molestation; felony offenders; mandatory service of sentence.

SR 395

Code Revision; Title 16; correct errors and omissions. ...................... HB 1208

Controlled Substances Act; forfeitures; informant reward payments.

SB 237

Controlled Substances; dangerous drug list; grades of nitrous oxide.

HB 1334

Controlled Substances; dangerous drugs; change listing...................... HB 1217

Controlled Substances, Dangerous Drugs, Poisons, DUI Analysis;

submission and testing by GBI Forensic Science Laboratories. ............. HB 838

Controlled Substances, Narcotic Drugs; repeat offenders; penalties. ............ SB 489

Crime-free Schools; students arrested drugs or violence; suspension. ........... SB 701

Crimes of Armed Robbery, Kidnapping, Rape, Aggravated Child Molestation,

Aggravated Sodomy, Sexual Battery; change penalties. ..................... SB 441

Criminal Trespass or Damage to Property; posted lands; railroads.

HB 1220

Dangerous Drugs to be Kept in Original Container; remove requirement.

SB 660

Drive-by Shootings; offense of aggravated assault; penalties. ................ HB 1198

Drug-related Offenses; driver's license suspension requirements.

HB 1000

Drug Trafficking; sentences of life imprisonment; parole restrictions.

SR 99

Escape, Offense of; convicted felons or misdemeanors; punishment. .......... HB 1403

Family Violence; alleged abusers; conditions for bail. ....................... HB 1303

Family Violence; alleged abusers; conditions for bail or release................. SB 466

Family Violence; arrests; release, bail condition; protective orders. ............. SB 555

Family Violence; filing petition seeking relief; hearings. ...

HB 1300

Family Violence; filing petitions seeking relief; hearings. ...................... SB 467

Family Violence; protective orders; petitions; convert permanent. ............ HB 1302

Family Violence; protective restraining orders; temporary; permanent.

SB 465

Felony Criminal Trials; evidence; discovery and inspection. .................. HB 828

Felony Offenses; adults; life without parole for a 3rd conviction................ SR 405

Felony Offenses; county inmates; award of good-time allowances. .............. SB 449

Felony Offenses; violent crimes; mandatory service of sentence; life

without parole for 2nd offense; 2 Strikes and You Are Out. ................. SR 395

Felony Offenses; 3rd conviction; no pardon, parole or work release. ............ SB 483

Firearms; authority to carry; Attorney General staff persons; Superior

Court clerks. ............... ; ........................................... SB 348

Firearms; lawful possession; certain probation personnel. ..................... SB 568

Firearms; pawnbrokers; unsafe or improper storage; penalty. .................. SB 502

Firearms; potential buyers; state background check law.

SB 12

Firearms Protection for Minors Act; offense of criminal storage. ............... SB 477

Firearms Protection for Minors Act; offense of criminal storage.

SB 68

Firearms Protection for Minors; unsafe storage of loaded guns

causing death or injury; penalties; statewide referendum.

SB 360

Firearms; unlawful possession; persons influence by alcohol, drugs.

SB 121

Firearms; unlawful possession; trigger activator firing devices. ................. SB 474

Firearms, Weapons; pistols, revolvers; crime of furnishing to minors............ SB 440

Forgery; criminal records check; employees of personal care homes. ........... HB 650

Fraud; businesses issuing personal ID cards containing inaccuracies.

SB 541

Fraudulent Attempts to Obtain Refunds; giving false information. ........... HB 1378

Refer to numerical index for page numbers

2412

JOURNAL OF THE SENATE

CRIMES AND OFFENSES (Continued)

Gambling, Commercial; exemption; certain recreational bingo games.

SB 24

Hijacking A Motor Vehicle; racketeering activity; felony penalties.

SB 288

Homicide; suicide assisted deaths; prohibited acts; felony penalties.

HB 415

Human Body Parts; unauthorized removal or dismemberment; penalties.

HB 686

Imprisonment Life Without Parole; restrict commutation of sentence.

SR 375

Juvenile Acts Constituting Felony Crimes; courts notify schools.

SB 132

Juvenile Delinquency, Deprivation or Unruliness; intervention plans.

SB 560

Juveniles; allegation of unruliness; student habitually disobedient.

SB 558

Juveniles; alleged crimes of murder, rape, sodomy, armed robbery

or hijacking; only a judge may release from custody.

SB 535

Juveniles Convicted of a Felony Crime; presentence investigations.

SB 559

Juveniles; solicitation to commit felony or delinquent act; penalty.

SB 556

Juveniles; students arrested drugs or violence; school suspension.

SB 701

Kidnapping; felony offenders; mandatory service of sentence.

SR 395

Litter Control Law; public trash, garbage containers in unincorporated

areas; unauthorized removal of items.

HB 95

Loitering; disrupting or interfering school functions; penalties.

SB 440

Loitering; violation of county ordinance; arrest and prosecution.

HB 1531

Manslaughter; serious felony; no pardon, parole or work release.

SB 483

Marijuana Possession of One Ounce or Less; prosecution.

SB 576

Murder; adult violent felons; no pardon, parole or work release.

SB 483

Murder; persons convicted sentenced life without parole.

SR 395

Nude or Other Sexual Conduct; prohibit, restrict, or regulate.................. SR 187

Offense of Aggravated Assault; discharging firearm from a vehicle.

HB 1198

Offense of Carjacking; felony penalties. ..................................... SB 491

Offense of Carjacking Inflicting Injury or Death; felony penalty.

SB 478

Offense of Drive-by Shooting; penalties; punishment.

SB 479

Offense of Endangering a Child by Driving DUI; felony penalty.

SB 614

Offense of Endangering a Child; DUI alcohol or drugs; sentencing.

SB 418

Offense of False Swearing; false statement on vehicle registration. ........... HB 1214

Offense of Hijacking Motor Vehicle is a Racketeering Activity.

HB 1080

Offense of Obstruction or Hinderance of Emergency Medical Technician.

HB 659

Offense of Offering to Assist in Commission of Suicide, Committing an

Act in Furtherance Thereof, Inducing Person to Commit Suicide; penalties. HB 415

Offenses Contributing to Delinquent Acts of a Minor; penalties.

HB 533

Person, Scene or Events; "Silent Witness Bill"; photos, videotapes.

SB 412

Pistols or Revolvers; license to carry; convicted felons prohibited. ........... HB 1201

Racketeering; offense of hijacking a motor vehicle; felony penalty.

HB 1080

Rape; felony offenders; mandatory service of sentence.

SR 395

School Property; unlawful to carry bat, club, bludgeon-type weapon.

HB 1100

Sentence Reform Act of 1994; punishment for a serious violent felony.

SB 441

Sex Crimes; predatory, violent, habitual sex offenders; registration.

SB 399

Sex Offenders; parole conditions; register ID where domiciled.

HB 1229

Sexual Offenses; AIDS transmitting crime; juveniles; disposition.

SB 440

Sexual Offenses; AIDS transmitting crime; juveniles; HIV testing. ............. SB 632

Sexual Offenses; child molestation; restrict granting of parole.

SR 99

Sexual Offenses; public indecency; sadomasochistic abuse, torture.

SB 320

Sexual Offenses; victims under age of 16 years; change definition.

SB 557

Sexual Offenses; violent felony offenders; life without parole.

SR 395

Smoking in Certain Child Care Facilities Prohibited; post signs.

HB 1358

Smoking in Child Care, Day-Care Facilities Prohibited; penalty.

SB 471

Sodomy, Aggravated; persons convicted; mandatory service of sentence.

SR 395

Sodomy, Offense of; exclude sexual behavior among consenting adults.

SB 350

Refer to numerical index for page numbers

INDEX

2413

CRIMES AND OFFENSES (Continued)

Solicitation of Minor to Commit Felony or Delinquent Act; penalty.

SB 556

Street Gang Terrorism; listing of crimes; include offense of rape.

SB 460

Tattooing Minors Under Age of 18; misdemeanor penalty. .................... SB 517

Theft by Conversion; rental, leased property; failure to return.

HB 1358

Theft; improper use of payments made for property improvements.

SB 50

Theft of Growing or Unharvested Commercial Agriculture Crops.

HB 1277

Theft; offense of carjacking; felony penalties.

SB 491

Theft; offense of carjacking; felony penalty; punishment.

SB 478

Theft; offense of carjacking; racketeering activity; felony penalty.

SB 288

Theft; offense of misappropriation of a trade secret; penalties.

SB 224

Ticket Scalping; unlawful excess charges for admission...................... HB 1225

Tip-Off to Nursing Home of Unannounced Inspection; civil penalty. .SB 563

Trespass; damaging school property or theft; criminal penalties. ................ SB 42

Violent Crimes; convicted offenders; serve % prison term imposed.

.SB 429

Violent Crimes; penalty for encouraging, abetting minors to commit.

HB 533

Violent Felony Acts; mandatory minimum sentences upon conviction.

SB 441

Watercraft; offense of reckless operation of vessel or other device. ............. SB 601

Weapons, Explosives Banned at School Functions, Property or Buses.

SB 440

CRIMINAL JUSTICE COORDINATING COUNCIL

Membership; reduce number to 19 members; remove certain persons.

HB 882

Powers, Duties as Crime Victims Compensation Board....................... HB 690

CRIMINAL PROCEDURE

Adult Violent Felons; 3rd conviction for certain serious felonies.

SB 483

Appeals; criminal cases; rules; defendant right to cross appeal.

HB 109

Appeals; grounds for dismissal; nonpayment of costs in trial court.

SB 581

Arrest of Persons; powers of private security guards.

SB 287

Bail Bonds; approval of bondsperson as surety; posting property bond. ........ SB 630

Bail; offenses bailable only before superior court judge; carjacking. ............ SB 288

Bail; tendered and accepted; commitment hearings; waiver; denial of

hearing upon felony indictment.

HB 325

Bonds; bad check misdemeanor violation; magistrate court proceedings.

HB 326

Controlled Substances or Narcotic Drugs; repeat offenders; penalties.

SB 489

Convicted Felons; coding on driver's license.................................. SB 507

Criminal Trials; evidence; regulation of discovery and inspection.............. HB 828

DUI Cases; pretrial; prohibit dismiss charge, plea to lesser offense.

SB 422

Evidence; admissibility of videotapes made by law enforcement.

HB 1228

Evidence; privileged communications; mental health professionals.

HB 194

Evidence; submission and testing of certain substances; procedures............ HB 838

Evidence; transcription by court reporters; trial judge discretion.

SB 356

Evidence; witness testimony; depositions; delay tactics prohibited.

HB 1417

Family Violence Cases; alleged abusers; conditions for bail.

HB 1303

Georgia Polygraph Examiners Act; repeal.

HB 1391

Homicide by Vehicle in First Degree; resultant DUI Violation.

SB 520

Homicide by Vehicle Result of DUI; where bailable; jail detention.

SB 404

Indictment for Motor Vehicle Hijacking; post-conviction release.

SB 288

Indigent Defense; state funded local programs; all felony cases;

certain misdemeanor cases, pretrial or juvenile proceedings.

HB 1254

Juveniles; delinquent acts, capital or violent felony offenses.

SB 440

Legal Assistants; using third-year law students within/outside state.

HB 190

Marijuana Possession; prosecution by complaint, citation.

SB 576

Misdemeanor Cases; evidence; regulation of discovery and inspection.

HB 828

Offenses Involving Family Violence and Serious Injury to Victim.

SB 555

Refer to numerical index for page numbers

2414

JOURNAL OF THE SENATE

CRIMINAL PROCEDURE (Continued)

Offenses Involving Family Violence; eliminate automatic bail. ................. SB 466

Offenses of Family Violence; protective restraining orders. .................. .SB 465

Punishment of Repeat Violent Felony Offenders; life imprisonment.

SB 441

Search Warrants Issued in Good Faith; lawful evidence obtained.

SB 113

Sentence Reform Act of 1994; violent felonies; mandatory punishment.

SB 441

Sentences of Imprisonment for Life Without Parole; restrict powers

of Pardons and Parole Board; amend Constitution.......................... SR 375

Sentencing Convicted Felons or Misdemeanors; offense of escape. ........... HB 1403

Sentencing; drive-by shootings; offense of aggravated assault.

HB 1198

Sentencing of Convicted Felons to County Jail; certain conditions. .......... HB 1784

Stalking and Aggravated Stalking; enact new provisions....................... SB 697

Vehicle Hijacking; designated felony; bailable only before judge;

no post-conviction release. ............................................. HB 1080

Victim Compensation; payments; maximum amount; service providers.

HB 690

Victims of Crime; notice of offender's change in custody status. .............. HB 211

Weapons Used Commission of Crimes or Delinquent Act; disposition.

HB 1337

Witnesses; husband and wife privilege; certain compellable evidence.

SB 609

CRISP COUNTY; superior court; judges; county salary supplement.

HB 1915

CROSSBOWS Hunting Weapons; use of crossbows prohibited; deer hunt permits. Use of Crossbows by Disabled Persons for Hunting Wildlife.

SB 592 SB 243

CRUMP, LYNN; commend. ................................................ SR 658

CURTIS BAPTIST CRUSADERS BASKETBALL CLASS AAA CHAMPIONSHIP; commend. ...................................... SR 607

D

DADE COUNTY; commissioner; delete salary provision; population bracket. , ... SB 380

DALLAS, CITY OF; corporate limits; deannex property.

HB 1349

DALLAS NEW ERA NEWSPAPER, 112TH ANNIVERSARY

SR 498

DALTON, CITY OF

Ad Valorem; taxes for city purposes; homestead exemption; referendum. ....... SB 634

Ad Valorem; taxes for education; homestead exemption; referendum.

SB 635

DANIEL, BENNY C.; commend. ........................................... SR 619

D.A.R.E., DRUG ABUSE RESISTANCE EDUCATION PROJECT; commend. .............................................................. SR 573

DAWKINS, SENATOR HARRILL; resignation letter

Page 16

DAWSON COUNTY Advisory Referendum on Sole Commissioner or Board to Govern. Board of Education; new election districts. Property Conveyance; power line easement; Amicalola EMC Corporation. Tax Commissioner; change compensation.

HB 1799 HB 1801
SR 467 HB 2033

DAY CARE CENTERS

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INDEX

2415

Child Abuse Investigations; preliminary criminal records check. ............... SB 468

Child Care; employer on-site care; issues; committee to study.................. SR 332

Child Care Facilities; smoking prohibited; posting of signs. .................. .SB 471

Federal Community Development Block Grant Funds; additional purposes. SB 570

Smoking in Certain Child Care Facilities Prohibited; posting signs.

HB 1358

DEAF PERSONS (See Handicapped or Hearing Impaired)

DEATH Human Body Parts; unauthorized removal or dismemberment; penalties. Pronouncement of Death by a Coroner or Deputy Coroner; conditions. Reporting Death of Person Admitted Hospital in Unconscious State. Vital Records; reporting spontaneous fetal deaths; registration.

HB 686 SB 446 SB 99 HB 842

DEATH PENALTY (Also See Courts or Sentence); commuting sentence to life; amend Constitution. ........................................ SR 99

DEBTOR AND CREDITOR

Credit Repair Services; regulate; advertising, business practices.

SB 157

Judgments; delinquent taxpayers; ad valorem tax executions. ................. SB 534

Loans or Advance of Money; interest, fees; maximum rate allowed.

SB 313

Motor Vehicles; security interest; certificate of title application.

HB 1235

Property; security instruments; recording; cancellation;

liens for condominium assessments...................................... HB 1567

Secured Transactions; collateral; financing statement requirements.

HB 1836

Sureties; debt collection; specificity in notice to creditor.

HB 1632

DECATUR, CITY OF; ad valorem; homestead exemption; elderly residents.

HB 2034

DECATUR COUNTY

Board of Commissioners; chairperson; elected at large; referendum.

HB 1719

Board of Commissioners; required vote to act on matters.

HB 1900

Board of Education; members; nonpartisan election......................... HB 1721

State Court; judge; compensation.

HB 1831

Superior Court; South Georgia Judicial Circuit; change terms................ HB 1311

DECEPTIVE PRACTICES (See Fair Business Practices or Commerce or Selling)

DEFENSE DEPARTMENT (See Military Affairs)

DEKALB COUNTY

Ad Valorem; homestead exemption; use of local option sales tax. ............ HB 1917

Ad Valorem; school taxes; homestead exemption; elderly residents. .......... HB 1903

Airports, Landing Fields; commercial expansion; counties of 400,000.

SB 94

Counties over 400,000; civil service coverage; employees of sheriff.

SB 239

DeKalb County Community Relations Commission; membership; functions. HB 1494

Designate; Clark Harrison State Office Building in Decatur.................... SR 248

Garbage; sanitation districts; repeal Act approved 1985; referendum.

HB 1470

Merit System; employee reports of fraud, waste, abuse; regulate.

SB 734

Pension Plan; transferred juvenile probation employees; options.

HB 671

Recorder's Court; traffic violatons; assessment of fines.

SB 604

Special Services Tax Districts; levies; municipalities lying within.

HB 1904

Superior Court; Stone Mountain Circuit; additional judge.

SB 232

DENTISTS AND DENTAL HYGIENISTS Dental Expenses; contributions by individuals into special account. Dentists, Dental Hygienists, Assistants; license revisions. Temporomandibular Joint; functional disformity; insurance coverage.

SB 161 SB 305 SB 170

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2416

JOURNAL OF THE SENATE

DEPARTMENT OF ADMINISTRATIVE SERVICES

Authority; insuring, indemnifying, bonding community service boards.

HB 1921

Transfer Funds from Hazardous Materials Liability Reserve Fund

into State Tort Claims Trust Fund. .................................... HB 1921

Universal Service Fund; disbursements; distance learning and

telemedicine network. .................................................. HB 676

DEPARTMENT OF ARCHIVES AND HISTORY

Administration of Rhodes Memorial Hall historic landmark; study of. ......... SR 485

American Indians; repeal certain duties.

SB 618

Georgia State Museum and State Library Facilities Study Commission. ....... HR 962

DEPARTMENT OF COMMUNITY AFFAIRS

Georgia Sports Hall of Fame; powers of nonprofit corporations.

HB 1936

Job Tax Credit Program; qualified counties; state facility location. .......... HB 1810

DETECTIVE AGENCIES; private security guards; arrest powers.

SB 287

DEVELOPMENT AUTHORITIES (Also See Authorities)

Airport Development Authority; next major airport; urge locate

southwest and middle Georgia. ........................................... SR 579

Central Savannah River Regional Center; transfer of certain counties. ........ HR 360

Economic Development Investment Incentives; committee to study.

SR 333

Georgia Airport Development Authority; powers; mismanaged airports.......... SB 408

Industrial Area Constitutionally Created; allow removal of property. ........... SR 509

Joint Authorities; businesses qualifying for job tax credits................... HB 1527

Joint Authorities; businesses qualifying for job tax credits................... HB 1764

Middle Georgia Regional Center; transfer of certain counties.

HR 360

Municipal Downtown Development Authorities; directors; 4-year terms. ...... HB 1179

Oconee Regional Development Center; transferral of certain counties. ......... HR 360

Property Transactions Outside County; federal land; restrictions.

HB 715

Property Transactions Outside County; federal lands; restrictions. ............. SB 668

Regional Development Centers; changing of territorial boundaries;

ratify and approve transferral of certain counties. ......................... HR 360

Regional Development Centers; contracts; funds accounting; members.

HB 1482

Regional Development Centers; industrial parks; daycare facilities.

SB 570

Regional Development Centers; relocating territorial boundaries. ............ HB 1178

DEVELOPMENT HIGHWAY SYSTEM; Road Corridors; add East-west Highway from 1-59 North to 1-85 North. ........................ HB 1767

DIETITIANS LICENSING LAW; nutritional care; professional counseling. . ... SB 20

DISABLED (See Handicapped or Elderly)

DISASTER RELIEF FUND; establish; income tax refund contributions. HB 1705

DISTANCE LEARNING AND TELEMEDICINE NETWORK Universal Service Fund. ..................... HB 676

DISTRICT ATTORNEYS (Also See Judicial Circuits)

Compensation; increase annual salary.

HB 1395

Grand Jurors; oath; change gender; foreperson; grammatical revisions.

HB 820

Legal Assistants; use of third-year law students; timeframe.

HB 190

Offices and Records; investigative authority of grand juries. .................... SB 31

Retirees; private practice of criminal law; repeal prohibition.

SB 349

Retirees Serving as Senior District Attorney; provide for. ................... HB 1662

Retirement System; members; increased benefits. ........................... HB 804

Secretaries of District Attorneys; retirement; prior service credit.

HB 633

Secretaries; retirement, ERS membership; prior service credit.

SB 378

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INDEX

2417

DIVORCE (Also See Domestic Relations)

Child Support; financial assistance to age 22 to complete education. ........... SB 480

Child Support; health insurance coverage requirements. .................... HB 1515

Family Court Division Within Each Superior Court; creation. ................. SB 376

Family Legal Issues; designated family courts; commission to study. ........... SR 409

Issuance of Standing Orders Restraining Parties from Certain Actions.

HB 679

Judgments; all cases including alimony, child support; court render.

SB 174

Judgments In All Cases Including Alimony, Child Support. ................... SR 141

No Divorce Marriages; parties in a legal covenant marriages................... SB 605

Seminar for Parents Where Interests of Children are Involved.................. SB 63

Separate Maintenance Actions; applicable rules establishing venue. ............ SR 392

DOCTORS OF THE DAY

Alien, Dr. David ......................................................... Page 99

Anderson, Dr. Larry .................................................... Page 521

Balsley, Dr. Robert ..................................................... Page 274

Barnwell, Dr. William .................................................... Page 80

Brown, Dr. Mason ..................................................... Page 1458

Campbell, Dr. Diane .................................................... Page 882

Dawson, Dr. Jim....................................................... Page 1563

Cassity, Dr. Tom ....................................................... Page 721

Feinstein, Dr. Arthur ........

Page 140

Fountain, Dr. John ..................................................... Page 960

Garner, Dr. Cyler ....................................................... Page 309

Jackson, Dr. Gene ...................................................... Page 916

Jago, Dr. Ken .......................................................... Page 340

Jones, Dr. William ...................................................... Page 551

Kaufmann, Dr. Bobby.................................................. Page 1873

Kaufmann, Dr. James .................................................... Page 47

Knowles, Dr. Van Cise ................................................. Page 1260

Malcolm, Dr. Ed ........................................................ Page 182

Maxey, Dr. Joy .......................................................... Page 55

Mettler, Dr. Kathryn ..................................................... Page 69

Patton, Dr. Robert...................................................... Page 641

Phillips, Dr. Rogsbert ................................................... Page 382

Pursley, Dr. George, Jr. ................................................ Page 1145

Roberson, Dr. Sandra .................................................. Page 1126

Rogers, Dr. Harrison .................................................... Page 193

Shiver, Dr. Robert ...................................................... Page 130

Shonkoff, Dr. David.................................................... Page 1323

Sumner, Dr. Jean ...................................................... Page 1011

Tillman, Dr. Ralph ................ Page 701

Vickers, Dr. Rodney .................................................... Page 777

Wherry, Dr. Richard .................................................... Page 583

Wilson, Dr. Michael E. ................................................. Page 1198

DOGS
Animal Shelters, Humane Societies; sterilization of dogs in custody. Seeing Eye, Hearing Ear, Service Guide Dogs Accompanying Trainers. Wolf Hybrids; classified dangerous wild animal; permits to possess.

HB 1181 HB 1469 HB 1541

DOMED STADIUM FACILITY; Community Employment Hiring Practices; requirements; advisory committee.

SB 39

DOMESTIC RELATIONS Actions; standing orders; restraining parties in certain actions; harassment; removal of minor child or children; removal of property.................... HB 679

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2418

JOURNAL OF THE SENATE

DOMESTIC RELATIONS (Continued)

Adoption Decree; male child; name change; cessation family surname. . . SB 672

Child Abuse and Neglect Prevention; Children's Trust Fund Commission;

extend to year 2000; source of funds; disbursements. ...................... .SB 493

Child Abuse; reports; judicial circuit protocol, committees. .................... SB 492

Child-placement With Adoptive, Foster Parents; requirements. ................ SB 442

Child Support; actions to establish paternity; genetic test results. ............. SB 148

Child Support; amounts recovered by DHR; payment of court costs............ SB 268

Child Support Awards; child enrolled college; continue to age 22............... SB 480

Child Support; computation of awards; parent's net income. ................. HB 642

Child Support; joint committee to study................................... HB 1515

Child Support; orders for health insurance coverage; compliance. ............ HB 1515

Child Support; paternity determination; hospitals; test results; income

deduction orders; family violence acts. .................................... SB 555

Children Coming Before Juvenile Court; court ordered intervention

actions or case plans; service upon parent or guardian. ..................... SB 560

Code Revision; Title 19; correct errors and omissions. ...................... HB 1208

Common-law Marriages; invalid to enter into after certain date................. SB 36

Criminal Proceedings; husband and wife; certain compellable evidence.

SB 609

Divorce Cases; alimony, child support; court shall render judgment.

SR 141

Divorce Cases; eliminate jury trials; court shall render judgment.

SB 174

Divorce, Custody, Paternity, Visitation Actions; parent seminar. .... SB 63

Divorce or Separate Maintenance Actions; spouses living separately;

applicable venue rules; amend Constitution. ............................... SR 392

Family Court Division Within Each Superior Court; creation. ................. SB 376

Family Legal Issues; designated family courts; commission to study.

SR 409

Family Violence; alleged abuser; bail condition; no victim contact.

HB 1303

Family Violence; alleged abusers; conditions for bail or release.

SB 466

Family Violence; arrested persons; release and bail conditions. ................ SB 555

Family Violence; filing petition seeking relief; hearings. ..................... HB 1300

Family Violence; filing petitions seeking relief; time for hearings. .............. SB 467

Family Violence; protective orders; petitions to extend or convert.

HB 1302

Family Violence; protective restraining orders; temporary; permanent.

SB 465

Firearms; child endangerment; offense of criminal storage.

SB 477

Grandparents; visitation rights issue; dispute resolution procedure. ............ SB 686

Marriage; legal covenant marriage; creation of; No Divorce Marriage.

.SB 605

Minors Seeking Change of Name; parent not contributing child support. ....... SB 433

Paternity Actions; evidence; admission of genetic test results. ................. SB 148

Paternity Proceedings; genetic tests establishing nonpaternity. ................ SB 397

Sexual Behavior Among Consenting Adults Not Offense of Sodomy. ........... SB 350

Stalking, Offenses of; enact new provisions; Anti-stalking Act.

SB 697

DOOLY COUNTY Designate; Herbert A. Saliba Bridge on State Highway 90.................... HR 773 Designating the Official Georgia State Cotton Museum........................ SR 426 Superior Court; judges; local salary supplement. ........................... HB 1915

DOUGHERTY COUNTY Property Conveyance; Albany; sewer line easement; Carlton Company. Retirement Plan; transferred juvenile probation employees; options.

SR 467 HB 671

DOUGLAS COUNTY

Board of Commissioners; meetings; change in location.

HB 1924

Board of Education; members; election; compensation.

HB 1765

Douglasville-Douglas County Water and Sewer Authority; appointed

members; nomination and election. ...................................... HB 317

DOUGLASVILLE, CITY OF Change corporate limits.
Water and Sewer Authority; appointed members; nomination, elections.

HB 871 HB 317

DOVE HUNTING; unlawful enticement by baiting fields; penalties.

SB 688

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INDEX

2419

DRIVE-BY SHOOTINGS, OFFENSE OF

Discharging Firearms From Within a Motor Vehicle; penalties................. SB 479

Offense of Aggravated Assault; discharging firearm from a vehicle.

HB 1198

DRIVER IMPROVEMENT CLINICS, SCHOOLS Clinics, Schools; use of courthouse space to conduct business. ................. SB 109 License Restoration Programs; required components; bonds; fees............. HB 1399 Training Vehicles; in-car trainees, eyesight tests, license exemption; required equipment...................................................... SB 245

DRIVER'S LICENSE (Also See Motor Vehicles and Traffic)

Applicant Fees Reduced for Executing Anatomical Gift Donation. ........... HB 1547

Applicants; voter registration procedures, forms. ........................... HB 1429

Commercial Drivers; serious traffic violations; tank vehicles.................. HB 1376

Commercial Vehicles; operating without a license; change penalties.............. SB 52

Driver Subject BAC Testing; open container of alcohol in vehicle. ............. SB 549

Driver Subject BAC Testing; open container of alcohol in vehicle. ............. SB 562

DUI; administration of blood-alcohol test by officers.......................... SB 459

DUI Alcohol or Drugs; child endangerment; felony penalty. ................... SB 614

DUI Driver Improvement Clinics; required components; bonds; fees.

HB 1399

DUI; drivers under age 21; .02 grams of alcohol; suspend license. .............. SB 674

DUI; drunk drivers; eliminate nolo contendere plea; limited permits............ SB 417

DUI; mandatory punishment; addiction counseling; vehicle forfeiture. .......... SB 475

DUI; minors; .02 blood-alcohol; nolo contendere plea unacceptable. ............ SB 419

DUI Offenders; license revocation; reinstatement conditions. .................. SB 307

DUI; probationary license for habitual violators; issuance. .................. HB 1471

DUI Resulting in Vehicular Homicide; increase imprisonment penalty.

.SB 520

DUI; teenage drivers under age 18; license suspension for one year............. SB 406

DUI; traffic conviction records; transmit copy to insurance company.

SB 420

DUI; vehicular homicide; where bailable; jail detention certain BAC............ SB 404

DUI Violations; prohibit dismiss charges, plea to a lesser offense. ............. SB 422

DUI Violations; prosecution; jury trial waived; disposition of case.

SB 421

DUI Violators; minimum mandatory sentences; vehicle forfeiture. ............. SB 403

DUI; 1st offense; prior arrests; suspension; reinstatement; hearings. ............ SB 418

Exemption; persons age 21 or over; supervised in-car driver training.

SB 245

Identification Cards; persons without driver's license; retail sales............... SB 541

Instruction Permits, Temporary Licenses; resident defined. ................... SB 518

Issuance; applicant pledge acknowledging penalty for DUI violations.

SB 402

Issuance; minors, expiration period; coding for convicted felons.

SB 507

Minors; revocation; failure attend school or academic deficiencies. ............. SB 198

Minors; school attendance and academic requirements; noncompliance.

SB 168

Name or Address Change; free replacement license; time period.

SB 416

Offices of Examiners; voter registration places; procedures.

SB 131

Points; assessment; DUI; nolo contendere plea considered conviction.

SB 423

Records; electronic transmittal; insurer requests or cancellation.

SB 613

Replacement License; name, address change; time period; repeal fee.

HB 1283

Revocation; incompetent, unqualified drivers; hearing requests.

HB 22

Suspension; DUI violations; administration of chemical tests.

SB 163

Suspension; DUI violations; first or subsequent offenses........................ SB 27

Suspension; juveniles committing delinquent acts; nonissuance................. SB 440

Suspension; mandatory; habitual violators upon subsequent conviction.

SB 123

Suspension; requirements; convictions for drug-related offenses.

HB 1000

Traffic Accidents; information exchanged between parties.

SB 574

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2420

JOURNAL OF THE SENATE

DRIVING UNDER INFLUENCE, DUI

Arrests; admissible evidence; photos, videos; "Silent Witness Bill". ............ SB 412

Child Endangerment; driving DUI; felony penalty. ........................... SB 614

Court Order to Attend Alcohol/Drug Course; evidence of completion.

SB 574

Court Order to Attend Alcohol/Drug Course; evidence of completion.

HB 1916

Criminal Penalties; fines, imprisonment, community service. .................. SB 418

Driver's License; applicants sign pledge acknowledging DUI penalty.

SB 402

Driver's License; commercial operators; disqualification to drive.

.SB 418

Driver's License; points assessed; DUI charges; nolo contendere plea.

SB 423

Driver's License; probationary; DUI habitual violators; issuance.

HB 1471

Driver's License; reinstate conditions; drug use reduction program.

SB 307

Driver's License Restoration Programs; criteria; bonds; fees.

HB 1399

Driver's License; suspension; administration of blood-alcohol test. ............. SB 459

Driver's License; suspension; blood-alcohol measurements. .................... SB 418

Driver's License; suspension; conviction of drug-related offenses. ............ HB 1000

Driver's License; suspension; driver under age 21; .02 grams alcohol. ........... SB 674

Driver's License; suspension for one year; teenage drivers under 18.

.SB 406

Driver's License; suspension mandatory; certain habitual violators.

SB 123

Driver's License; suspension periods; first or subsequent offenses................ SB 27

Driver's License; suspension; refusal to submit to required testing.

SB 163

Driver's License; suspension; 1st offense; restrict nolo contendere pleas;

prior convictions; limited permits; reinstatement. .......................... SB 418

Drunken Drivers; eliminate nolo contendere pleas to keep license. ............. SB 417

DUI; minors; .02 blood-alcohol; nolo contendere plea unacceptable. ............ SB 419

DUI; traffic incidents; funds for law enforcement agencies. .................... SB 228

DUI Violations; 3rd offense; publication of notice of conviction. ............... SB 418

Homicide by Vehicle; resultant DUI; increase imprisonment penalty.

SB 520

Homicide by Vehicle Resulting from DUI; where offenses are bailable.

SB 404

Notices of Conviction; publication for third or subsequent DUI. ............... SB 119

Offense of Endangering a Child; DUI alcohol or drugs; sentencing. ............ SB 418

Open Container of Alcohol in Vehicle; driver subject BAG testing.

SB 549

Open Container of Alcohol in Vehicle; driver subject BAG testing.

SB 562

Persons Charged With Certain Alcohol Concentration; jail detention.

SB 404

Prosecution; analysis of suspect's blood or urine; submit GBI labs.

HB 838

Prosecution; charges, pleadings; prohibit dismissal or acceptance.

SB 422

Sentencing; mandatory; remove judges discretion; ignition devices.

SB 475

Sentencing; minimum mandatory; no suspension; vehicle forfeiture.

SB 403

Traffic Offense; prosecution; jury trial waived; disposition of case.

SB 421

Traffic Offenses; conviction records; copy to insurance company. .............. SB 420

Watercraft; adults supervising minors; DUI alcohol/drugs prohibited. .......... SB 601

DRUGS AND DRUG ABUSE

Addiction Counselors; scope of practice; license exemption.

HB 1330

Alcohol, Drug Addiction Counseling; persons convicted DUI offenses.

SB 475

Controlled Substances Act; forfeitures; informant reward payments.

SB 237

Controlled Substances; dangerous drugs; change listing.

HB 1217

Controlled Substances, Narcotic Drugs; repeat offenders; penalties. ............ SB 489

Dangerous Drugs; change listing; industrial grade nitrous oxide. ............. HB 1334

Dangerous Drugs to be Kept in Original Container; remove requirement........ SB 660

D.A.R.E., Drug Abuse Resistance Education Project; commend. ............... SR 573

Driver's License; mandatory suspension; habitual violators. ................... SB 123

Driver's License; suspension; conviction of drug-related offenses.

HB 1000

Drug Dependent Patients; psychiatric evaluations by clinical nurses.

SB 312

Drug Enforcement; assistance by national guard.

HB 1684

Drug-Free Schools; additional goal of the QBE Act.

SB 43

Drug-free Workplace Programs; testing, rehabilitation of employees. ........... SB 310

Drug-free Workplace; testing; employee benefits denied for drug use.

SB 235

Drug Tests; positive results; forfeit right to workers' compensation.

SB 545

Drug Trafficking; adult violent felons; life without parole.

SB 483

Drug Trafficking; persons convicted; restrict granting of parole.

SR 99

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INDEX

2421

DRUGS AND DRUG ABUSE (Continued)

Drugs; felony violations; students eligibility to attend school. ................. SB 701

DUI Alcohol or Drug Use Reduction Programs; use of courthouse space.

SB 109

DUI Alcohol; testing; information arresting officer required provide.

SB 163

DUI Offenders; license reinstatement; drug use reduction program.

SB 307

DUI; third or subsequent conviction; publish name in newspaper.

SB 119

Firearms; unlawful possession; persons under influence certain drugs.

SB 121

GBI Forensic Science Laboratories; testing of substances, evidence.

HB 838

Injury or Death Due to Intoxication; workers' compensation denial.

HB 1505

Marijuana; unlawful possession of one ounce or less; prosecution.

SB 576

Mental Health Patients; transportation services; use of restraints.

SB 443

Persons Taken Custody; disclosure of AIDS confidential information. ........ HB 1186

Pharmacists; dispensing dangerous drugs to EMS providers.

SB 241

Prescription Drugs; anticompetitive price controls prohibited.

SB 522

School Bus Drivers; random drug testing; disciplinary actions. ............... HB 372

School Health Services for Students; development of. ........................ SB 690

Violent Felony Acts to Obtain Controlled Substances; penalties................ SB 441

Workers' Compensation; injuries due intoxication or drug use denied.

SB 235

DRY CLEANERS; use of solvents; contaminated sites; cleanup.

HB 1814

DUBLIN, CITY OF; board of education; terms; expiration; election date.

HB 1923

DUNWOODY HIGH SCHOOL FOOTBALL TEAM, 1993 AAAA CHAMPIONSHIP; commend. ..................................... SR 393

DURHAM, LT. HAROLD; designate; Medal of Honor Highway; Tift County. SR 251

E

EARLY COUNTY Board of Education; residency qualifications. Superior Court; change date of term.

HB 1691 HB 1715

EAST COWETA HIGH SCHOOL CHORUS; recognizing.

SR 488

EAST DUBLIN, CITY OF; council districts; boundary lines.

HB 1817

EAST POINT, CITY OF

Ad Valorem; homestead exemption; elderly or disabled residents............. HB 1841

East Point Building Authority; membership; composition; appointment.

HB 1796

East Point Parking Authority; membership; composition; appointment.

HB 1794

Mediation System for Appeals; create by ordinance.

HB 1844

ECONOMIC DEVELOPMENT Agricultural Commodities Promotion; assessments; financial reports. Banks, Bank Holding Companies; interstate, reciprocal banking. Business Expansion Support Act of 1994; tax credits for creating jobs through investments, retraining or employer provided childcare. Business Recruitment and Downtown Development; committee to study. Businesses Creating Employment; job tax credits. Developmental Highway System; exclude Outer Perimeter. Enterprise Zones; ad valorem tax exemption upon referendum approval. Enterprise Zones; creation; certain property tax treatment purposes.

HB 1866 SB 451
HB 1527 SR 636
HB 1764 SB 98 SB 166 SR 206

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2422

JOURNAL OF THE SENATE

ECONOMIC DEVELOPMENT (Continued) Enterprise Zones; creation; property classification for ad valorem. ............. SR 495 Incentive Programs for Investment and Jobs; tax credits; study of. ............ SR 333 International and Maritime Trade Center; establish Chatham County. ......... SB 415 Municipal Downtown Development Authorities; directors; 4-year terms. ...... HB 1179 Regional Development Centers; boundaries; relocate certain counties. ........ HB 1178 Regional Development Centers; extraterritorial activities; contracts; board members; audits; nonprofit corporations servicing programs.......... HB 1482 Regional Development Centers; territorial boundaries; ratify transfer of certain counties...................................................... HR 360 Regional Facilities; joint projects; sharing tax proceeds to develop. ......... SR 203 Tourism Revenue, Strategic Planning; recognizing White House Conference in 1995; Georgia Tourism 2000 Program. ....................... SR 623

EDUCATION (Also See Colleges and Universities or Schools or Teachers)

Academic Olympic Challenge; urge in public schools. ......................... SR 189

Advanced Placement/AP Test Fees; payment for private school students. .... SB 515

AFDC-receiving Children Attending School; extend eligibility age. ............. SB 464

AFDC Recipients of Public Assistance; school attendance required. ............. SB 66

After-school Activities; juveniles in state custody; monitoring. ................. SB 548

American Heritage Education Act; prohibit content based censorship..... SB 424

Appropriations; mandatory calculation excluding lottery proceeds. .............. SR 91

Appropriations; midyear adjustment; shortfall reserve balance. ................ SB 561

Appropriations; state funds; require at least 50% budgeted annually. .......... SR 413

At-risk Students; academic deficiencies; new summer school program.

HB 1130

Blind Persons' Literacy Rights and Education Act; braille..................... SB 110

Blind Persons' Literacy Rights and Education Act; Braille courses. ........... HB 492

Board of Regents; appropriations; restriction on use of funds. ................ HR 555

Board of Regents; appropriations; restrictions on use of funds. .............. HB 1149

Boards of Education; attorneys serving as counsel; service as judge............. SB 120

Boards of Education; investigative powers of grand juries. .................. HB 1190

Capital Outlay Funds; purpose of projects; priorities; conditions. ............ HB 1314

Certificated Professional Personnel; jurisdiction over applicants under

review; designated agencies. ............................................ HB 1462

Charter School Program Grants; requirements; conditions; contracts............. SB 79

Charter Schools; measuring outcome based academic objectives. ............... SB 662

Children at Risk; delinquency; multiagency intervention; agreements.

SB 560

Code Revision; Title 20; correct errors and omissions. ...................... HB 1208

Columbus Technical Institute and Columbus College Study Committee.

SR 586

Computer Technology; equipment, curriculums; urge strategic planning......... SR 537

Crime-free Schools; disposition of students arrested felony offenses. ........... SB 701

D.A.R.E., Drug Abuse Resistance Education Project; commend. ............... SR 573

Department; committee to study reorganization; school performance

accountability, costs. .................................................... SR 387

Distance Learning Network; use of funds in Universal Service Fund. ......... HB 676

Dropout Prevention; attendance problems; revoke driving privileges.

SB 198

Dropout Prevention; attendance problems; suspend driving privileges........... SB 168

Education Accountability and Evaluation Commission; creation. .............. HR 398

English; official state language; exceptions, language instruction................ SB 127

Environmental Education Materials, Programs; committee to study. ........... SR 512

Federal Community Development Block Grant Funds; additional purposes.. .... SB 570

Georgia Black History Month; designate February. ........................... SB 589

Georgia School for the Deaf; old campus; convey City of Cave Spring. ........ HR 814

GPTV Public Television; demanding programming for family viewing. ......... SR 440

Grants; charter school program; organization; operations; contracts.

SB 79

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INDEX

2423

EDUCATION (Continued)

Guidance Counselors; primary, upper elementary grades; funding of. ........... SB 204

Health Services in Schools; committee to study. ............................. SR 553

Home Study Programs; grandparents; authority to teach grandchildren.

SB 681

In-school Suspension Classes; qualifications of persons in charge. ............... SB 44

Intellectually Gifted Students; eligibility; state funded programs. ............ HB 1768

Juvenile Law Enforcement Records; disclosure to school personnel. ............ SB 122

Juveniles; students committing felony crimes; courts notify schools............. SB 132

Kindergarten and First Grade Classes; reduce maximum class size.

SB 216

Kindergarten or First Grade; request for enrollment at age 5. ................. SB 577

LEARNFARE Program for Teenage Recipients of Public Assistance. .......... SB 407

Librarians; professional certification; accredited master's degree.

SB 67

Local Boards; academically deficient schools; management takeover. ........... SR 427

Local Boards; determining books harmful to minors; petitions. .............. HB 1950

Local Boards; duties; data for compiling jury lists. ........................... SB 193

Local Boards; funding requests; proposed school closing actions.

HB 1314

Local Boards; members; medical, dental insurance; family coverage. ........... SB 473

Local Boards; school district moneys; designation of depositories............... SB 537

Local School Boards; mandated state programs necessitating additional

local revenue expenditure prohibited. ..................................... SR 383

Local School Boards; members; compensation; per diem, expenses. .......... HB 1177

Local School Boards; state regulatory involvement; study committee. .......... SR 389

Local School Boards; transaction of business; voting quorum. ................. SB 526

Local School Boards; transaction of business; voting quorum. ............... HB 1516

Local School District Affairs; lobbyists expenditures; disclosure.

SB 657

Local School Districts; notification of paroled sex offenders.................. HB 1229

Local School Districts; tort liability; waiver of sovereign immunity. ............ SB 649

Local School Operations, Books; authority of grand jury to inspect.

SB 31

Lottery Corporation; advertisement of games; disclose winning odds............ SB 430

Lottery for Education Account; proceeds; appropriation restrictions. ........... SB 100

Lottery for Education Act; prizes of $5,000; income tax withholding.

HB 1369

Lottery for Education; nonresident prize winners; taxable income.

HB 1368

Lottery for Education; purposes; computer training for teachers.

SB 453

Lottery for Education; purposes; services to disabled persons.

SB 437

Lottery for Education; resubmission to voters of continued existence. .......... SR 134

Lottery Gaming Products or Services; vendors; competitive bids. .............. SB 596

Lottery Proceeds; appropriations requests; list in budget report................ SB 593

Lottery Proceeds; budget report; actual and projected costs. .................. SB 595

Lottery Proceeds; disbursements to budget units; monthly reports. ............ SB 594

Lottery Proceeds; disposition; shortfall reserve subaccount funds............... SB 452

Lottery Proceeds; programs started; use of general funds restricted.

SB 710

Lottery Proceeds; scholarship funds; shortfall reserve subaccount.

SB 711

Lottery Proceeds; use for special education pre-kindergarten.

SB 715

Minors Under Age 18; driving privilege requirements; school attendance

and academic requirements; noncompliance; remediation programs.

SB 168

Minors Under Age 18; driving privileges revoked; unexcused

absences or academic deficiencies. ........................................ SB 198

Nonpublic Postsecondary Education Commission; change organization of.

SB 308

Nurses; public health nurses; service cancelable education loans.

HB 1103

Postsecondary; campus facilities; criminal acts; reports; penalties.

SB 440

Postsecondary; coordination of school-to-work initiatives; study of.

SR 567

Postsecondary; grants, HOPE scholarship, loans; uniform grade

reporting system. ..................................................... HB 1326

Postsecondary; grants, HOPE scholarships, loans; qualifying criteria............ SB 513

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2424

JOURNAL OF THE SENATE

EDUCATION (Continued)

Postsecondary Institutions; Georgia Collegiate Free Speech Act. ............... SB 709

Postsecondary; nonpublic institutions; criteria; prohibited activity.

HB 929

Postsecondary; persons engaged in counseling; license exemption............... SB 434

Postsecondary; psychologist engaged teaching, research; use of title. ........... SB 512

Postsecondary; public health nurses; service cancelable loans. ............... HB 1103

Postsecondary; regents retirement plan; employee contributions.............. HB 1723

Postsecondary; tuition equalization grant; redefine approved school. ........... SB 523

Postsecondary; tuition equalization grants; approved institutions. ............ HB 1185

Postsecondary; Tuition Guaranty Trust Fund requirements; exemptions. ...... HB 929

Pre-Kindergarten; special education program; using lottery proceeds. .......... SB 715

Private School Students; advanced placement test fees; payment of. ........... SB 515

Private School Tuition Grants; school choice; Parent Freedom Act. ............ SB 590

Professional Standards Commission; functions; certificated personnel. ...... SB 644

Professional Standards Commission; functions; certificated personnel. ......... HB 492

Professional Standards Commission; jurisdiction; certain applicants. ......... HB 1462

Public or Private Schools; unpaid volunteers; immunity from liability. ........ SB 41

Public, Private Schools; property damage, theft; criminal trespass............... SB 42

Public School Employees; retirees; health insurance; premiums. ............... SB 454

Public School Employees Retirement; credit for temporary disability. ......... HB 419

Public School Employees, School Board Members; compensation............. HB 1177

Public Schools; classrooms; require a period of quiet reflection................. SB 396

Public Schools; classrooms; silent reflection or meditation period............... SB 532

Public Schools; comprehensive evaluations; exemption; accreditation. ........... SB 40

Public Schools; daily recitation; Pledge of Allegiance to U.S. flag. ...... SB 631

Public Schools; forms; multiracial classification for racial data. ............ SB 149

Public Schools; student disciplinary problems; procedure to correct. ....... SB 395

Public Schools; uniform grade reporting system; college grants............... HB 1326

Public Schools; uniform grading system; criteria for college grants. ............ SB 513

QBE; funding guidance counselors in primary, upper elementary grades. ....... SB 204

QBE; grant funds for schools serving migrant students........................ SB 647

QBE; grant funds for schools serving migrant students....................... HB 492

QBE; instruction, operation; change maximum spending requirements. ....... HB 1130

QBE; instructional, operational costs; remove spending requirement. ........... SB 529

QBE; local fair share funds; calculation; psychology services. .................. SB 436

QBE; local fair share funds; equalization grants; calculation method. .... SB 101

QBE; local fair share funds; grants; calculation; alternative method. ........... SB 435

QBE; local fair share funds; limitations on amount. ......................... HB 282

QBE; local fair share funds; replace with state sales tax increase.......... SB 205

QBE; program formula components, weights; urge task force to review. ........ SR 183

QBE; purpose; additional goals, achievements by the year 2000. ....... SB 43

Revenue Source Structure; evaluation by joint study commission.............. HR 662

Safe School Grants; supplemental appropriations; lottery proceeds. .......... HB 1296

Sales Tax for Education; impose statewide 1%; supplant ad valorem. ... SR 525

School Athletic Events; concessions, tickets; sales tax exemption. ............. HB 562

School Attendance; mandatory to age 18 years; applicable school year. .......... SB 72

School Attendance; records; teenage recipients of public assistance. ............ SB 407

School Breakfast Programs for Students in Grades K-8; establish. ........... HB 1557

School Bus Drivers; random drug testing; policies; funding method............. SB 107

School Bus Drivers; random testing for alcohol, drug use; discipline. .......... HB 372

School Buses; equipment on new buses; seat safety belts required.

.... SB 447

School Choice; private school tuition grants; joint study committee. ........... SR 373

School Choice; private school tuition grants; Parent Freedom Act. ............. SB 590

School Crossing Guards; traffic safety; duty of county to provide............... SB 722

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INDEX

2425

EDUCATION (Continued)

School Curriculum; foundation of core knowledge; committee to study.......... SR 388

School Discipline; students habitually disobedient defined "unruly".

SB 558

School District Associations; applicable open records law. ................... HB 1313

School Health Services Act; assessments, screenings; plans. .................... SB 46

School Health Student Services; comprehensive plans and authority............ SB 690

School Meals; nutrition policy; urge adoption by local school boards. .......... SR 610

School Officials; notified juvenile hearing involving felony offense. ............. SB 461

School Organizations; raffles, casino gambling; license to operate. .............. SB 140

School Property; carrying of weapons designated felony act; seizure.

SB 510

School Property; unlawful to carry bat, club, bludgeon-type weapon.

HB 1100

School Psychology Services; contracts; certain certified persons. ............... SB 436

School Safety and Juvenile Justice Reform Act; enact. ....................... SB 440

School Security; safety plans; weapons detection; equipment; devices.

SB 440

School Superintendents; employment contracts; extend duration. ............ HB 1130

School Systems; legislation imposing unfunded costs; prerequisites.

SB 661

School Taxes; revenue structure; evaluation of alternative sources.............. HR 91

Schools; alcoholic beverage sales within certain distance prohibited. ........... SB 301

Schools; alternative high school programs for diploma credit................... SB 341

Schools With Academic Deficiencies; 50% of students not passing

graduation exam; state takeover management from local school boards.

SR 427

Seamless Education System; committee to study coordinating services.......... SR 567

Secondary School Education; child support awarded to age 22. ................ SB 480

Sex Education, AIDS Prevention Course Materials; appropriateness of.

SB 37

Sex Education, AIDS Prevention Course Materials; parental rights............. SB 274

Sex Education, AIDS Prevention Instruction; requirements.................... SB 246

Sex Education; curriculum, classes; parental review; public hearings. ........... SB 292

Special Education for Disabled Persons; use of lottery proceeds................ SB 437

Special Education; pre-kindergarten program; using lottery proceeds.

.SB 715

Special Education Programs for Disabled Children; licensed persons. .......... SB 689

Special Education Services; braille for blind and visually impaired. ............ SB 110

Special Education Services; Braille instruction; migrant students.

HB 492

Special Education Services; intellectually gifted students.

HB 1768

State Board; members elected by General Assembly; State School

Superintendent appointed by board. ...................................... SR 390

State Board; policies; guidelines; instructional space needs. .....

HB 1314

State Funds; appropriations; require at least 50% budgeted annually........... SR 413

State School Superintendent; election by majority votes cast. ................. SB 680

State School Superintendent; election by plurality of votes cast................ SR 536

State School Superintendent; limitation of terms of office. ...................... SR 5

State School Superintendent; limitation of terms of office. .................... SR 140

Student Assessment; curriculum-based assessment results; disclosure. ........... SB 59

Student Discipline; behavioral problems; parent notification. .................. SB 395

Student Records; parents right to inspect and review information.............. SB 629

Students; alternative diploma credit programs regardless of age.

SB 341

Students; daily recitation; Pledge of Allegiance to U.S. flag.................... SB 631

Students; school health services; committee to study.......................... SR 553

Summer Opportunity Program; provide; allocation of state funds. ........... HB 1130

Teachers; duty-free lunch period grades K through 12. ....................... SB 531

Teachers; employment contracts; refusal to alter student's grades.

SB 554

Teachers, Other School Personnel; employment contracts. .................... SB 290

Teachers, Principals, Personnel; contracts; criminal record checks. ............. SB 526

Teachers Retirement; annuity savings; percentage of salary.................. HB 1383

Teachers Retirement; creditable service; absence due to pregnancy. ........... HB 230

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2426

JOURNAL OF THE SENATE

EDUCATION (Continued)

Teachers Retirement; membership options; employees of Department

of Technical and Adult Education. ...................................... HB 323

Teachers Retirement; service credit; temporary disability period.

HB 419

Technical and Adult; employees; transfer of retirement membership.

HB 323

Technical and Adult; employer sponsored job retraining programs.

HB 1527

Telecommunications Technology; distance learning; study committee.

SR 551

Textbooks in Any Medium, Print or Nonprint; state board to regulate.

HB 1702

Textbooks, Library Books; lost or damaged; restitution; replacement. .......... SB 526

Textbooks, Library Books; lost or damaged; student restitution. ............... SB 484

Voter Registrars at High Schools or Colleges; designees. ..................... HB 897

EDUCATION COMMITTEE; Report on Governor's Appointments

Page 2110

EDWARDS, WARD; designate bridge for on State Route 96 over Flint River. SR 386

EFFECTIVE STATE VEHICLE ACQUISITION AND UTILIZATION STUDY COMMITTEE.

SR 627

EFFINGHAM COUNTY Board of Commissioners; powers; ordinance violation penalties............... HB 1491 State Court; solicitor; change salary. ...................................... HB 1490

ELBERT COUNTY

County Administrator; change powers. .................................... HB 1408

County Surveyor; abolish elected office; provide for appointment.

HB 1407

Richard B. Russell Lake; Beaverdam Marina Property; sublease.

HB 1372

ELDERLY

AARP Day at the Capitol on February 10; declaring.......................... SR 377

Consumer Crimes Against Elder Persons; violations; punitive damages.

HB 193

Family Caregiver Support Program and Services.

SB 648

Federal Community Development Block Grant Funds; additional purposes.. .... SB 570

Georgia Council on Aging; recognizing. ...................................... SR 415

Health Care; regional system of hospital services; study committee.

HR 664

Homestead Exemption for State and County Ad Valorem Taxes; criteria.

SB 394

Income Tax Deductions; retirement income exclusion increased.

HB 596

Long-term Care Benefits; use of preexisting conditions restricted.

SB 717

Long-Term Care; protection from abuse; study of ombudsmen services.

SR 464

Motor Vehicles Titled in Another State; transfer fees; exemption.

SB 400

Personal Care Homes; licensure; applicant's fitness to operate.

HB 649

Personal Care Homes; licensure; employee records check for forgery.

HB 650

Personal Care Homes; restraints, isolation of residents restricted.

SB 169

Private Home Care Services Providing Companions, Sitters; licenses.

HB 1332

Recreational Noncash Bingo Games; authorize nonprofit operations.

SB 439

Residents of Long-term Care; Medicaid personal needs allowance. ............. SB 552

Residents of Personal Care Homes; right to file grievances; remedies.

SB 651

Saltwater Recreational Fishing; honorary licenses.

SB 272

Senior Days at State Capitol, Feb. 8-10; establishing.

SR 461

Silver-Haired Legislature; commend. ........................................ SR 476

Transportation Services in Rural Counties; task force to study.

HR 921

ELECTED OFFICIALS (See Elections or Public Officers and Employees)

ELECTIONS (Also See Ethics in Government) Absentee Ballots; mailing; cancellation; voting by overseas citizens. Amend Constituion; General Assembly Members; four-term limitation. Amend Constitution; activity involving nudity, alcohol beverage sale. Amend Constitution; ad valorem property assessment; limit increases.

HB 897 SR 414 HR 709 SR 92

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INDEX

2427

ELECTIONS (Continued)

Amend Constitution; ad valorem; separate class for enterprise zones. .......... SR 206

Amend Constitution; appropriations bills; authority of Governor

to reduce in whole or in part. ............................................. SR 27

Amend Constitution; appropriations; supplementary Acts not authorized.

SR 63

Amend Constitution; bills for raising revenue; approval requirements............ SR 65

Amend Constitution; bills raising revenue; approval requirements. .............. SR 94

Amend Constitution; Board of Regents; appropriations; restrictions.

HR 555

Amend Constitution; continuation of lottery; resubmission to voters.

SR 134

Amend Constitution; county funding of courts; matters in dispute. ............ SR 192

Amend Constitution; divorce actions; when court render judgment. ............ SR 141

Amend Constitution; General Assembly and Lt. Governor; term limits.

SR 90

Amend Constitution; General Assembly members; limit terms of office. ......... SR 17

Amend Constitution; health care providers; antitrust laws; contracts. ......... HR 943

Amend Constitution; holding of raffles by nonprofit organizations. ............. SR 107

Amend Constitution; mandatory education funds; exclude lottery.

SR 91

Amend Constitution; pilot court programs of nonuniform jurisdiction. ........ HR 712

Amend Constitution; provide for public initiative petition process.............. SR 151

Amend Constitution; public officers; limitation of terms of office.

... SR 5

Amend Constitution; public officers; limitation of terms of office. .............. SR 140

Amend Constitution; public officials; election; plurality of votes................ SR 536

Amend Constitution; regulation of nude or other sexual conduct. .............. SR 187

Amend Constitution; requirements to increase taxes, fees, assessments............ SR 6

Amend Constitution; restrict powers of Pardons and Parole Board. ............. SR 99

Amend Constitution; State Board of Education; election by General

Assembly; State School Superintendent appointed by board. ................ SR 390

Amend Constitution; state expenditure limitations; reserve fund. .............. SR 148

Amend Constitution; tax sharing; economic development facilities.

SR 203

Amend Provisions; qualifying; registration; voting; officials; ballots;

poll places; precincts; electors; dates changed. ............................ HB 897

Ballots; Braille print for Use by the Blind or Visually Impaired. .............. SB 112

Campaign Contribution Disclosure Reports; late filing fees.

HB 171

Campaign Contributions; maximum allowed; from outside of district.

SB 431

Campaign Financing; contributions; substantially revise regulations. ........... SB 657

Candidacy, Notice of; filing affidavits; withdrawal of candidates............... HB 297

Candidates Nominated in Primaries; withdrawal procedures. ................. HB 376

Candidates; party nomination petitions; each card with one signature. ........ HB 606

Candidates; political advertising; media outlets restricting access.

HB 1362

Code Revision; obsolete Acts based population classification; repeal.

SB 645

Code Revision; Title 21; correct errors and omissions. ...................... HB 1219

Constitutional Officers; Election Board; certifying election returns.............. SB 680

Constitutional Officers; election by majority votes cast. ....................... SB 680

County Commissioners, Chairpersons; nonpartisan primaries, elections.

SB 370

County, Municipal; contributions to influence voter issues; limits.

HB 1199

Ethics; activities influencing actions of local officials; lobbyist disclosure. . . . . . HB 1298

Ethics; lobbying by former legislators, public officials restricted.

SB 69

General; election by plurality; highest number votes cast exceeding

45% of total number of votes cast.

SB 680

House of Representatives; new descriptions; Districts 33, 34, 36, 51.

SB 553

Municipal; ballots; Braille print for the blind, visually Impaired.

SB 112

Municipal; notice of candidacy; voter registration system; precincts.

SB 639

Municipal Officers Elected Six-year Term in 1988; expiration date.

HB 1192

Municipal; poll officers; residency qualifications; appointments.

HB 1422

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2428

JOURNAL OF THE SENATE

ELECTIONS (Continued)

Municipal; poll officials, eligibility; voter registration, lists; school

registrars; absentee ballots; activities at poll places.

HB 297

Municipal; selection of polling places; number within precincts. .............. .SB 496

Municipal; special elections to fill vacancies; interim appointees.

HB 304

Municipal; voting and voter registration; comprehensive revisions.

HB 1429

Municipal; voting precincts; boundary requirements; official maps.

SB 497

Nonpartisan; local government offices; authorize local Acts.

HB 1215

Nonpartisan; office of certain judges; plurality of votes cast.

SB 680

Poll Officers, Superintendents; relatives of candidates ineligible. .............. HB 297

Polling Places; campaign activities, opinion polls; restrictions.

HB 897

Polling Places; supermarket, grocery stores; alcoholic beverage sales.

SB 95

Precincts; boundary requirements; notice of changes. ........................ HB 897

Presidential Electors; straight party voting; ballots, vote machines.

SB 680

Primaries; allow voting for one candidate of any political party.

SB 160

Primary and Special Elections; election by majority of votes cast. ............ .SB 680

Primary; presidential preference dates changed; filling of vacancies.

HB 897

Public Safety Employees; participation in political activities................. HB 1333

Referendum on Ad Valorem Tax Exemption; certain veterans facility.

HB 1297

School Closing Actions; question to voters in special election.

HB 1314

Senatorial Districts; new descriptions for 13 districts.

SB 553

Senatorial Districts No. 21, 32, 42, 53 and 54; change composition.

SB 361

Special Elections to Fill Vacancies; appointees; listing on ballot.

HB 304

State Board; duties; violations of election laws, rules.

SB 215

State Officers and Employees; participating in political activities.

SB 55

State-wide Referendum; ad valorem homestead exemption for elderly.

SB 394

Straight Party Voting; eliminate except for presidential electors.

SB 680

Term Limitations; U.S. Senators, Representatives; limit to 12 years.

SB 57

Term Limitations; U.S. Senators, Representatives; names on ballots.

SB 344

Violations; duties of attorney general and elections board. .................... SB 215

Voter Registrars, Deputies, Elections Officials; eligibility; registration

cards; elector challenges; absentee ballots. ................................ HB 295

Voter Registrars; duties; registered voters; source for jury list.

SB 193

Voter Registration; absentee voter; materials; precincts; candidates.

SB 639

Voter Registration; additional places; PSD license examine offices.

SB 131

Voter Registration; conform National Voter Registration Act of 1993.

HB 1429

Voter Registration; identification documents; types of records.

HB 437

Voter Registration; precinct changes; cancellation of absentee ballots;

restrict activities near polling places...................................... HB 297

Voting in Party Primaries; vote for one candidate for each office.

SB 160

ELECTRIC UTILITIES (Also See Public Utilities) Construction Codes; enforcement; state minimum standard codes. High-voltage Lines; utilities notification center; enforcement. Regulations, Representation; Utility Finance Section of PSC created.

HB 505 HB 1728
SB 250

ELECTROLYSIS; Persons Performing Services of Hair Removal; regulation. SB 575

ELLAVILLE-SCHLEY COUNTY CHARTER COMMISSION; completion time......................................................... HB 1598

ELLIJAY, CITY OF

East Ellijay, The Southern Band of Cherokees and Creek Indians;

official tribal recognition. ................................................ SB 508

Ellijay Apple Marketing Association; commend.

SR 448

Ellijay-Gilmer County Water and Sewerage Authority; compensation.

SB 677

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INDEX

2429

ELLIJAY-GILMER APPLE MARKETING ASSOCATION; introduced, remarks ..................................................... Page 583

ELM STREET ELEMENTARY SCHOOL, NEWNAN; Color Guard appearance ................................................. Page 193

EMANUEL COUNTY

Designate; Vendie Hudson Hooks, Sr. Memorial Highway on S.R. 57. ......... HR 768

Superior Court; judges; payment of expenses.

HB 1988

EMERGENCY DISASTER MANAGEMENT Disaster Areas; after-disaster price gouging prohibited. Natural Disaster Relief Fund; establish; tax refund contributions. State Defense Force; volunteer militia; role, functions; commander.

HB 173 HB 1705
SB 368

EMERGENCY MEDICAL SERVICES

Ambulance Services; license requirements; invalid car or operator.

HB 1426

Ambulances; exclusion to motor common carrier regulations, Title 46.

HB 391

Communications Officers, Radio Operators; training; certification.

HB 1389

Emergency 911 Telephone System Funds; allocation and use of moneys.

SB 302

Fire Departments; subscription fire districts; reimbursement fees............... SB 671

Human Body Parts; unauthorized removal or dismemberment; penalties.

HB 686

Issuance of Drugs and Controlled Substances to Medical Director Only......... SB 241

Obstructing or Hindering Technician's Official Duties; penalties.

HB 659

Personnel; indemnification; circumstances considered line of duty. ............ HB 250

EMINENT DOMAIN

Georgia Transportation Authority; creation; powers.

SB 328

Housing Authorities for Certain Indian Tribes; exercise of powers.............. SB 618

Rights Granted Petroleum Pipeline Companies; temporary moratorium.

SB 626

EMPLOYEES' RETIREMENT SYSTEM

Benefits; unpaid member contributions; deceased retiree's estate.

HB 670

Creditable Service; claims; periods of temporary disability.

HB 419

Creditable Service; employees of agricultural commodity commissions.

HB 959

Creditable Service; forfeited leave provisions.

HB 260

Creditable Service; former employees of county hospital authorities.

HB 807

Creditable Service; Georgia Agrirama Development Authority.

HB 685

Creditable Service; military reservists active duty service.

HB 158

Creditable Service; military service during World War II. ..................... SB 255

Members Subject Involuntary Separation; eligibility for benefits.

HB 1576

Membership; county juvenile detention employees; transfer of service.

SB 211

Membership; employees of Georgia Indigent Defense Council.

HB 192

Membership; employees of Lake Lanier Islands Development Authority.

SB 377

Membership; former county DFACs employees; prior service credit.

HB 1153

Membership; Georgia Music Hall of Fame Authority officers, employees.

HB 632

Membership Options; former employees of county probation services.

HB 671

Membership; transferees to Mental Health Community Service Boards.

SB 511

Membership; transferees to Mental Health Community Service Boards.

SB 603

Secretaries Employed by Superior Courts; prior employment credit.

HB 633

Secretaries Employed by Superior Courts; prior service credit.

SB 378

Transfer of Membership; employees of postsecondary

vocational-technical schools.............................................. HB 323

EMPLOYER CHILD CARE ISSUES STUDY COMMITTEE.

SR 332

EMPLOYMENT Child Care; employer on-site day care; issues; committee to study. Drug, Alcohol-Free Workplace Environments; drug testing policies.

SR 332 SB 235

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2430

JOURNAL OF THE SENATE

EMPLOYMENT (Continued)

Drug Tests; refusal; positive results; forfeit workers' compensation.

SB 545

Drugs; substance abusing employees; testing, rehabilitation programs.

SB 310

Employers Engaging Electronic Monitoring of Employees; restrictions.

SB 646

Group Health Insurance; coverage requirements; child support orders.

HB 1515

Independent Contract Carriers of Printed Materials; unemployment

compensation. ........................................................ HB 1194

Labor Pools; work-site employers; failure to pay temporary workers.

HB 389

Sexual Harassment in Work Place; right of action procedures; signs............ SB 712

Unemployment Compensation; benefits; recovery of overpayments. ........... HB 527

Unemployment Compensation; employees of community service boards. ...... HB 1921

Unemployment; one-time employer tax amnesty period for payments due. HB 1388

Wages; income tax withholdings; raise dependency exemptions................ HB 596

Workers' Compensation; employee compensable injuries; medical exams.

SB 267

Workers' Compensation; exclusion; self-insured small employers. .............. SB 176

Workers' Compensation; ineligible employees; illegal aliens. ................... SB 501

Workers' Compensation; injured workers; medical test procedures. ............. SB 300

Workers' Compensation; rejected risks; voluntary market premiums. ........... SB 695

World Congress Center; hiring practices; area neighborhood residents. .......... SB 39

EMPLOYMENT SECURITY LAW (Also See Labor and Industrial Relations)

Unemployment Compensation; benefits; experience rating; maximum

weekly amount; overpayments; fraud; interest penalty..................... HB 1194

Unemployment Compensation; benefits; recovery of overpayments. ........... HB 527

Unemployment Compensation; contributions; state-wide reserve ratio.

HB 1194

Unemployment Compensation; employees of community service boards,

county departments of health, family and children services. ............... HB 1921

Unemployment Compensation; exclusion; redefine independent

carriers of printed materials. ........................................... HB 1194

Unemployment Tax Amnesty Program; waiver of penalties for payments. HB 1388

EMUS BIRDS; commercial production and farming; urge feasibility study.

SR 330

ENERGY

Energy Resources Division of Georgia Environmental Facilities Authority;

creation. ............................................................. HB 1263

Hazardous Waste Burned for Energy Recovery; management fees. ............. SB 432

State Energy Code for Buildings; conforming construction and design.

HB 505

ENERGY QUALIFICATIONS AND OVERVIEW COMMITTEE; public utility regulations. .................................................. SB 250

ENGINEERS AND LAND SURVEYORS

Engineers Day in Georgia; declare Feb. 8. ................................... SR 466

Land Surveyors; recording of maps, plats; specifications; standards.

HB 1458

State Board of Registration; employment of legal assistance.

SB 503

ENGLISH LANGUAGE Designate as language for public documents; senate amendment. Official state language used in public records, documents.

HB 1798 SB 127

ENTERPRISE ZONES Creation; property classification for ad valorem; amend Constitution. Property Within; ad valorem tax treatment; amend Constitution. Property Within; exempt county, municipal ad valorem tax; referendum.

SR 495 SR 206 SB 166

ENTERTAINERS; ticket scalping; unlawful excess admission charges.

HB 1225

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INDEX

2431

ENVIRONMENTAL PROTECTION (Also See Natural Resources

or Hazardous Materials)

Air Pollution; businesses installing emission control devices. ................. HR 796

Air Pollution; global warming; urging state energy conservation. ............... SR 173

Air Pollution; vehicle emission inspections; displaying of stickers.

SB 463

Air Quality; auto emissions; commuter efficiency program. .................... SB 124

Auto Emissions; centralized testing sites; urge EPA delay program. ............ SR 473

Auto Emissions; EPA centralized test site program; urging delay of.

HR 727

Biomedical Waste Disposal Facilities; restrict construction permits. ............ SB 381

Director; duties; task force to prepare water conservation plans. ................ SB 10

Division; duties; public hearings prior to permitting hazardous

waste or pollutant facilities............................................... SB 262

Division; requesting public funds for hazardous waste site clean-up. ......... HB 1521

Dry Cleaners; release of solvents; contaminated sites; cleanup. .............. HB 1814

Energy Resources; create new division to manage within Georgia

Environmental Facilities Authority...................................... HB 1263

Environmental Education Materials, Programs; committee to study. ........... SR 512

Hazardous Materials; crop protection chemicals; disposal issues. ............... SR 486

Hazardous Materials; lead packaging; exempt steel strapping. ............... HB 1521

Hazardous Waste Management Activities and Substance Reporting; fees........ SB 432

Hazardous Waste Site Assessment; commercial, industrial properties. .......... SB 652

Hazardous Waste Sites; authorize state debt to mitigate dangers............... SR 546

Hazardous Waste Sites; removal, disposal; public debt to fund................. SB 698

Jekyll Island; restrict development; 65% land area; survey; maps. ............. SB 336

Lead-based Paint and Dust Poisoning; hazards to children; study of. .......... SR 136

Lead Poisoning Prevention Act of 1994; enact.............................. HB 1270

Litter Control; public trash, garbage containers; unauthorized

removal of items. ....................................................... HB 95

Petroleum Pipelines Siting; pollution impact; committee to study.

SB 626

Recyclable Products; reduce paper consumption of General Assembly. ......... SR 599

Soil Erosion Control; land-disturbing activities; permits; violators. ............. SB 608

Solid Waste; disposal facilities; modification of expansion permits.

HB 1435

Solid Waste; landfills; disposal restrictions; yard trimmings.

SB 289

Solid Waste Management Authorities; removal of certain members........... HB 1521

Underground Storage Tanks; site inspections; violations; penalties;

corrective actions...................................................... HB 1619

Water Pollution Control; GEFA administer federal grant funds. ............. HB 1262

Water Resources; designating Clean Water Week............................. SB 606

Water Treatment; waste-water; sludge disposal, storage facilities. .............. SB 276

EROSION AND SEDIMENTATION ACT

Land-disturbing Activities; minimum requirements; permits; violators. ......... SB 608

Land-disturbing Activities; regulatory compliance yet damages caused.

HB 566

ESCAPE, OFFENSE OF Offenders Who Escape Incarceration; notification to victim of crime. Persons Convicted Felony or Misdemeanor Crimes; imprisonment term.

HB 211 HB 1403

ESTATES (Also See Wills, Trusts, and Administration of Estates)

Access to Mental Health Clinical Records of Clients.

HB 1405

Inheritance by Illegitimates; paternity actions; evidence.

SB 148

Property Conveyances; alienability of future interests. ...................... HB 1420

Sales of Property by Temporary Administrators............................ HB 1281

Year's Support; beneficiary; liens for taxes; priority.......................... HB 989

Year's Support; family of the deceased; increase minimum amount.

SB 81

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2432

JOURNAL OF THE SENATE

ETHICS IN GOVERNMENT (Also See Elections)

Campaign Contribution Disclosure Reports; late filing fees. .................. HB 171

Campaign Financing; contributions; limitations; disclosure; lobbyist

reporting; political action committees; prohibitions; regulations. ............. SB 657

Contributions to Influence Proposed Ballot Questions; limitations. ........... HB 1199

Elections; campaign contributions; maximum allowed; restrictions. ............. SB 431

General Assembly; ethics committee; subpoena; telephone conference.

HB 1594

General Assembly; standing committees; members prohibited accept

travel expenses paid by certain lobbyists. ................................. SB 118

Influence of Special Interests; limit terms of U.S. Congressmen. ............... SB 344

Jekyll Island-State Park Authority; members leasing property. ................ SB 337

Lobbying; restrict conduct of former legislators, public officials. ................ SB 69

Lobbyists; prohibit serving on Board of Human Resources. ................. HB 1481

Local Government; ordinances, resolutions; disclosure of activities

influencing actions; lobbyists. .......................................... HB 1298

Public Office; ineligible persons; defaulter for legal taxes. ..................... SB 426

Public Safety Employees; participation in political activities.

HB 1333

State Employees; transacting business with mental health agencies............. SB 159

State Officers and Employees; participating in political activities................ SB 55

EVANS HIGH SCHOOL; commend. ...................... SR 443

EVIDENCE

Admissibility; videotapes made by law enforcement officers.................. HB 1228

Civil Actions; witnesses; state regulatory agencies; no compensation. ........... SB 229

Criminal Procedure; discovery and inspection; comprehensive revision.

HB 828

Criminal Procedure; Forensic Science Laboratories; testing, analysis.

HB 838

Criminal Procedure; search warrants; lawful evidence obtained.. ............... SB 113

Introduction of Photos, Videotapes, Audio Recordings; authentication. ......... SB 412

Medical Records; pharmacist-patient privileged information; waiver.

HB 510

Paternity Proceedings; genetic tests; presumption of nonpaternity.

SB 397

Privileged Communications; patients, clients of health professionals. .......... HB 194

Trials; motion for new trial; extension of time to file transcript. ................ SB 33

Witnesses; depositions in criminal cases; use of medical reports. ............. HB 1417

Witnesses; husband and wife privilege; certain compellable evidence.

SB 609

EXAMINING BOARDS, STATE (Also See Professions and Businesses)

Chiropractic Examiners; reconstitute state board; terms; meetings.............. SB 519

Construction Industry Licensing Board; Roofing Contractors Division. ......... SB 190

Construction Industry Licensing; conditioned air; journeyman. ................ SB 718

Cosmetology, State Board; membership; regulate electrologists. ................ SB 575

Division of Master Plumbers, Journeyman Plumbers; license renewal......... HB 1690

Examiners of Psychologists; state board; establish code of conduct. ............ SB 512

Georgia Board of Dentistry; change name to include dental hygiene.

SB 305

Georgia Home Inspector Licensing Board; creation.

SB 330

Hearing Aid Dealers and Dispensers; license renewal; requirements. ......... HB 1860

Interior Designers; registration; examination waivers. ....................... HB 1637

Librarians; professional certification; accredited master's degree.

SB 67

Licensed Dietitians, Board of Examiners; creation; powers; duties.

SB 20

Licensing Boards; interagency agreements; child support recovery.

SB 411

Office of State Administrative Hearings; creation. .......................... HB 1443

Optometry, State Board; membership; certification qualifications............. HB 1666

Polygraph Examiners Employed by Public Agencies; licensing fees. ........... HB 631

Private Detective or Security Businesses; licensing qualifications. ............ HB 1493

Professional Counselors; national certifying agencies; licensing. ................ SB 642

Professional Engineers and Land Surveyors; employment of attorney........... SB 503

Real Estate Appraiser Board; temporary permits; sanction; hearings.

HB 1226

Real Estate Commission; licensing of brokers, agents, affiliates............... HB 1227

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INDEX

2433

EXAMINING BOARDS, STATE (Continued)

Roofing Contractors, Division of; creation; membership; powers. ............... SB 190

State Board of Podiatry Examiners; provide. ............................... HB 408

State Board of Registration of Used Car Dealers and Used Motor

Vehicle Parts Dealers; combined boards. ................................ HB 1390

State Construction Industry Licensing Board; membership. ...

HB 1596

Structural Pest Control Commission; licensing; insurance required.

HB 1341

Utility Contractor Licensing; certification; change effective date.

HB 1193

Water and Wastewater Treatment Plant Operators, Lab Analyst;

certification; very small public water systems............................. HB 1536

EXPLOSIVE DEVICES, BLASTING STANDARDS

Blasting Operations; blasters; explosives users; licensure...................... HB 866

Fireworks; display or explosion; permit requirements; insurance................ SB 719

Fireworks; sparklers; legal nonexplosive, nonaerial items. ................... HB 1411

Property Not Covered by Fire Protection Services; payment of charges.

SB 671

EYE GLASSES, LENSES, VISUAL CARE (Also See Medical Practice) Eyesight Exams; persons taking driver training instruction. ................... SB 245 Optometrists; certification; use of pharmaceutical agents. ................... HB 1666 Optometrists; use of pharmaceutical agents and nondiagnostic lasers. .......... SB 199

FACSIMILE TRANSMISSION DEVICES

State Agencies; stationery used; printed telephone and FAX numbers.

HB 82

Tax Levy Served by FAX Transmission Upon Depositor's Bank Account. . . . . . HB 275

FAIR AND OPEN GRANTS ACT OF 1993.

SB 4

FAIR BUSINESS PRACTICES (Also See Commerce and Trade or Selling)

Beauty Pageants Operated for Profit; entrants' fees; bonds or escrow.......... HB 965

Charitable Solicitations; telemarketing, printed material or radio............... SB 582

Consumer Crimes Against Elderly or Disabled; violations; remedies.

HB 193

Contests; beauty pageants conducted for profit; bonding requirements. ......... SB 540

Flea Market Vendors; recording property acquired for retail sale............. HB 1195

Home Builders; contracts; warranties; arbitration; code violations. ........... HB 1608

Hotel Price Gouging During 1996 Olympic Games Period; penalties. ......... HB 1357

Retail Installment Contracts or Revolving Charge Accounts; written

agreements; application of payments. ..................................... SB 696

Telemarketing; deceptive or abusive activities; criminal penalties............... SB 567

FAIRS, FESTIVALS; llama activities; liability of sponsors; signage.

SB 571

FALSE SWEARING; vehicle registration statements; criminal penalty.

HB 1214

FAMILY AND CHILDREN SERVICES, DFACS (Also See Human Resources)

Child Abuse Central Registry; investigations; substantiated report. ...

HB 1351

Child Abuse; establishment of judicial circuit protocol, committees............. SB 492

Child Abuse Investigations; criminal records check of alleged abuser. .......... SB 468

Children at Risk; multiagency intervention plan; staffing; referral. ............. SB 560

County Boards; composition; appointment of members; selection............... SB 469

County Offices; coordination of Work for Welfare Pilot Program. .... SB 464

Former Employees of County DFACs Departments; retirement membership. HB 1153

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2434

JOURNAL OF THE SENATE

FAMILY AND CHILDREN SERVICES, DFACS (Continued) Public Assistance; illegal aliens ineligible; acute medical care. ................. SB 164 Tenants with Dependent Children; landlord dispossessory proceedings.......... SB 482

FAMILY ATTENTION HOMES; placement of youth in state custody; assessment. ...................................................... SB 548

FAMILY COURTS; commission to study judiciary structure of legal issues. . . . SR 409

FAMILY VIOLENCE (Also See Domestic Relations or Social Services)

Alleged Abusers; bail conditions; no victim contact; counseling............... HB 1303

Battered Women, Georgia Council on; commend. ............................ SR 465

Crimes Against Children; investigation; law enforcement training.

SB 494

Domestic Relations Actions; standing orders restraining parties. .............. HB 679

Family Court Division Within Each Superior Court; creation.

SB 376

Relief; alleged abuser; eliminate automatic bail; release condition.

... SB 466

Relief From Injurious Acts of Violence; release and bail conditions............. SB 555

Relief; petitions seeking relief; holding of hearings; time period. ............... SB 467

Relief; petitions seeking relief; scheduling of hearings. ...................... HB 1300

Relief; protective orders; petition to convert to permanent orders.

HB 1302

Relief; protective restraining orders; conversion to permanent order.

SB 465

FARMS AND FARMERS (Also See Agriculture)

Blueberry Plants; exempt ad valorem taxation; referendum approval.

HB 664

Crop Protection Chemicals; actions to address disposal issues.

SR 486

Crops Due Sharecropping Agreements; secured transactions of landowner....... HB 73

Emus Birds; commercial production and farming; urge study of................ SR 330

Farm Operations Excluded Local Business Occupation Tax; clarify........... HB 1613

Migrant and Seasonal Farm Workers; access to health care; study of. .......... SR 336

Sales Tax; exemption; certain agricultural commodities, truck crops. .......... HB 786

Seed Arbitration Council; purchaser complaints against sellers.

HB 1641

Theft of Growing or Unharvested Commercial Crops; fines.

HB 1277

FAULK, HARDY DURHAM Designate Memorial Bridge to Honor; Twiggs County. Designate Memorial Bridge to Honor; Twiggs County.

SR 522 HR 967

FAYETTE COUNTY Board of Elections; re-create; powers, duties; members. ..................... HB 1669
State Court; creation; jurisdiction; powers; elections. ....................... HB 1668

FEDERAL GOVERNMENT (Also See Congress, U.S.)

Applications by State Agencies; tracking data base.

SB 619

Congress; consent; boundary compact between Georgia, South Carolina.

SB 572

Congress; petition to call for convention; purpose; prohibit

federal tax imposed before date of tax enactment.

SR 517

Congress; urge preserve ban on homosexuals serving in armed forces.

SR 195

EPA Centralized Auto Emissions Test Site Program; urging delay of.

HR 727

EPA; centralized auto emissions testing; urge delay program.

SR 473

EPA Industrial Emission Reduction; endorsing economic incentives.

HR 796

Federal Mortgage Entities; securities pledged by state depositories.

SB 602

Federal Retirees; urge refund state income taxes paid on pensions. ............ SR 584

Federally Related Transactions; real estate appraisal reports.

HB 1226

Fireworks and Explosives; permits issued by federal agencies.

SB 719

Illegal Aliens; ineligible for public assistance; referrals.

SB 164

Immigration Policy; restricting HIV infected persons entry; endorse.

SR 214

Lease of State Property; Air National Guard Armory; Chatham County.

HR 819

Property Transactions Involving Exchange With a Local Government.

SB 668

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INDEX

2435

FEDERAL GOVERNMENT (Continued) Property Transactions Involving Exchange With a Local Government. Unfunded Mandates Imposed Upon States; inviting Congressional Delegation meet with General Assembly to discuss. Urge Action to Curb Unfunded Federal Mandates Imposed Upon States. U.S. Senators, Representatives from Georgia; term limitations.

HB 715
SR 404 SR 59 SB 57

FINANCIAL INSTITUTIONS (See Banking and Finance)

FINES AND FORFEITURES Fines; theft of growing or unharvested agriculture crops. Motor Vehicles Operated by Persons Convicted Second DUI Offense.

HB 1277 SB 475

FIRE PROTECTION AND SAFETY

Blasting Operations; blasters; explosives users; licensure.

HB 866

Commissioner; duties; building codes; handicap accessibility codes.

SB 495

Fire Department Reimbursement Act; service fees; liability of owners.

SB 671

Fire Departments; emergency powers; effect on other agencies.

HB 1570

Fire Safety; changes in local construction codes subject to review.

SB 533

Firefighters; communications officers; training; certification. ................. HB 1389

Firefighters' Recognition Day; recognizing.

SR 475

Firemen; death or disability entitlement; redefine line of duty.

HB 250

Firemen, Emergency Medical Personnel; indemnification; claims.

HB 1617

Firemen's Pension Fund; prior eligible service credit; requirements.

SB 303

Firemen's Pension Fund; repeal exemption from Public Retirement

Systems Standards Law................................................. HB 234

Firemen's Pension Fund; vested rights; redefine eligible firemen.

SB 82

Fireworks and Explosives; permits to display; change provisions.

SB 719

Fireworks Displays; licensees; regulate storage of surplus, excess.

HB 286

Fireworks; sparklers; legal nonexplosive, nonaerial items.

HB 1411

Forest Fires; prevention; recognize 50th Anniversary of Smokey Bear.

SR 580

License Plates; special; firenghters; repeal additional fees. .................. HB 1266

Safety Fire Commissioner; duties; construction codes; proposed rules.

HB 505

Smoke Detectors; installation requirements for all dwelling units.

SB 530

Volunteer Firemen; retirement; prescribed attendance at drills.

SB 583

FIREARMS AND WEAPONS Armed Robbery, Explosives; adult violent felons; life imprisonment. Armed Robbery; persons convicted; mandatory service of sentence. Authority to Carry Weapons; Attorney General staff persons; superior court clerks. ....................................... Carjacking, Vehicle Hijacking Using Firearm, Weapon; felony penalty. Contributing to Delinquency of a Minor; persons providing weapons. Crossbows; use for hunting wildlife prohibited; exception. Dangerous Weapons; trigger activator firing devices; prohibitions. Drive-by Shootings; offense of aggravated assault; penalties. Firearms; carrying and possession; exempt certain official persons. Firearms; lawful possession; certain probation personnel. Firearms Protection for Minors Act; offense of criminal storage. Firearms Protection for Minors Act; unsafe storage of loaded guns causing death or injury; penalties; statewide referendum. Firearms Protection for Minors; negligent storage; penalties. Firearms; unlawful possession; persons under influence alcohol/drugs. Firearms, Weapons; possession on school property; seizure; felony. Hunting; legal weapons; use of crossbows by disabled persons. Offense of Carjacking Using an Offensive Weapon; felony penalty.

SB 483 SR 395
SB 348 HB 1080 HB 533
SB 592 SB 474 HB 1198 HB 1209 SB 568 SB 477
SB 360 SB 68 SB 121 SB 510 SB 243 SB 478

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2436

JOURNAL OF THE SENATE

FIREARMS AND WEAPONS (Continued)

Offense of Carjacking Using Deadly Weapon; felony penalties.

SB 491

Offense of Drive-by Shooting; discharging firearm from vehicle.

SB 479

Pawnbrokers; failure to keep firearms in locked, secured container.

SB 502

Pistols or Revolvers; license to carry; convicted felons prohibited.

HB 1201

Purchaser Background Check; persons ineligible; dealer information.

SB 12

Revenue Agents, Enforcement Officers; retain weapon after 25 years.

HB 311

School Property; felony penalty to possess weapons; forfeiture.

SB 510

School Property; unlawful to carry bat, club, bludgeon-type weapon.

HB 1100

School Safety; weapon and violence-free zones; criminal acts. ................. SB 440

Violent Crimes; use of a deadly weapon; parole restrictions.................... SB 429

Weapons Used Commission of Crimes or Delinquent Act; disposition.

HB 1337

FIREMEN'S PENSION FUND Prior Service Creditable Toward Retirement; firemen, volunteers. Repeal exemption; Public Retirement Systems Standards Law. Vested Rights After 15 Years; redefine eligible firemen, departments. Volunteer Firemen; service credit; prescribed attendance at drills.

SB 303 HB 234
SB 82 SB 583

FIREWORKS

Displays; licensees; regulate storage of surplus, excess........................ HB 286

Fireworks and Explosives; permits to display; change provisions.

SB 719

FISHING (Also See Game and Fish)

Game Fish; definitions; possession limits; lures; bait; trout waters.

SB 527

Honorary Licenses; disabled persons. ....................................... SB 243

Licenses; fishing in private ponds owned by governmental entities.

HB 1382

Salt-water Finfish Species; size limitations for red drum. ................... HB 1513

Saltwater Recreational Fishing and Charter Boat Fishing; licenses.

SB 272

Shrimping; sport bait or commercial bait; rules, regulation.

HB 1512

FLAGS, SEALS, AND OTHER SYMBOLS American Heritage Education Act; prohibit content based censorship. Pledge of Allegiance to U.S. Flag; recitation in public schools. State Flag; change appearance, description; state-wide referendum.
State Flag; change design and description. State Flag; change design and description; state-wide referendum. State Flag; change design to original flag; state-wide referendum. State Flag Design Commission; creation.

SB 424 SB 631 SB 136 SB 488 SB 71 SB 248 SB 186

FLATT, DR. WILLIAM P.; commend. .................................... SR 572

FLEA MARKET MERCHANTS; records; property offered for sale; inspection.

HB 1195

FLOYD COUNTY Board of Commissioners; residency requirements. Hospital Authority; filling of vacancies. Property Conveyance; Cave Spring; old campus Ga. School for the Deaf. Retirement Plan; transferred juvenile probation employees; options.

HB 2006 HB 2024 HR 814 HB 671

FOOD, DRUGS AND COSMETICS (Also See Drugs or Pharmacies) Dietitians Licensing Law; nutritional care; professional counseling. Nitrous Oxide; certain grades; exceptions from dangerous drug list. Pharmaceutical Products; dispensing to 1996 Olympic participants. Pharmacy, State Board; repeal rule relating to patient counseling. Prescription Drugs; anticompetitive price discrimination or control. School Food Service; urge adopt nutrition policy for school meals.

SB 20 HB 1334
SB 414 SB 332 SB 522 SR 610

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INDEX

2437

FORESTRY

Commission; effect of emergency powers of local fire department.

HB 1570

Forest Products; pulpwood and pole trailers; amber marker reflectors.

HB 391

State Commission; regulate signage for posting 'No Trespassing'.

HB 1220

Timber Production; off-road equipment; sales tax exemption. ............... HB 1762

Timber; valuation for ad valorem purposes; fair market value. ................ SB 233

Tree Trimmings, Discarded Christmas Trees; disposal restrictions. ........... .SB 289

FORGERY; personal care home employees; criminal records check for forgery. HB 650

FORSYTH COUNTY Ad Valorem Taxes; homestead exemption; increase over 3-year period. Board of Commissioners; vacancies; change method of filling.

SB 682 SB 721

FORT VALLEY-PERRY AIRPORT AUTHORITY; name changed; membership. ................................................... HB 2027

FORT YARGO STATE PARK; wetlands; exchange lease with Barrow County.......................................................... HR 1003

FOSTER CARE AND CHILD WELFARE Child-placing Agency; adoptive, foster parents; preplacement service. Children Being Considered for Foster Care Placement; records access.

SB 442 HB 1322

FOWLER, KATHY; commend. ............................................. SR 668

FRANKLIN COUNTY

Board of Commissioners; chairman; annual salary.

SB 362

Probate Court; judge; annual salary. ........................................ SB 363

Superior Court; clerk; annual salary. ........................................ SB 364

Tax Commissioner; annual salary. .......................................... SB 365

FULLER, ZEBULON W.; Eagle Scout; commend. ........................... SR 611

FULTON COUNTY

Airports, Landing Fields; commercial expansion; referendum approval.

SB 94

Atlanta-Fulton Family Connect Authority; creation.

HB 2031

Board of Education; vacancies; unexpired terms; procedure to fill.

SB 638

Counties of 300,000 or More; joint city-county board of tax assessors

repealed.............................................................. HB 1289

County Programs or Operation; employees reporting fraud, waste.

HB 1485

County Purchasing Agent; eliminate certain powers, duties.

SB 500

Designate; James E. (Billy) McKinney Bridge on Bankhead Highway.

SR 628

Designate; James E. (Billy) McKinney Bridge on Bankhead Highway.

HR 925

Elections; notice of changes in precincts. ................................... HB 897

MARTA Overview Committee; extend to July 1, 1998.

HR 215

Office of County Manager; creation; appointment; qualifications.

SB 322

Planning Commission; repeal 1978 Act providing 7-member commission.

SB 653

Property Conveyance; easement; BellSouth Telecommunications, Inc.

SR 467

Property Conveyance; Norfolk Southern Railway welding plant site.

SR 462

Public Works Contracts; bids; nodiscrimination, equal employment.

HB 607

Purchasing; responsible bidder factors; minority participation.

HB 610

Retirement System; status of DFACS employees; transfer of funds.

HB 1153

Retirement System; transferred juvenile probation employees; options.

HB 671

Sandy Springs, City of; incorporation; boundaries; powers.

SB 155

School Employees Pension Fund; benefits; retirement age.

HB 913

School Employees Pension Fund; continuation.

HB 1543

State Court; additional judge; increase number to nine.

SB 212

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2438

JOURNAL OF THE SENATE

FUNDRAISERS, SOLICITORS Charitable Solicitations; define term; provide information to donors. Law Enforcement Entities; contributions; reports; misrepresentation. Misrepresenting Law Enforcement Affiliation; penalties. Telemarketing; deceptive or abusive activities; criminal penalties.

G

SB 582 SB 611 HB 1886 SB 567

GA 96 AG JOINT STEERING COMMITTEE FOR OLYMPIC GAMES. ................................................... HR 937

GAINESVILLE, CITY OF; Municipal Utilities Serving Outside Corporate Limits; fees, charges.................................... HB 1074

GAMBLING, GAMING

Bingo Games; nonprofit operations; employment of nonmembers.

HB 1182

Bingo Games; valuation of prizes awarded; maximum amount.

SB 114

Bingo; nonprofit recreational games; requirements; regulation.

SB 24

Casino Gambling; charity events to benefit schools; provide for.

SB 140

Coin Operated Amusement Machines; master license fees; annual permit.

HB 800

Indian Lands; gambling prohibited.......................................... SB 618

Lotteries; state authority to operate; resubmit question to voters.

SR 134

Raffles Held by Nonprofit Organizations Shall Be Lawful.

SR 107

GAME AND FISH (Also See Natural Resources)

Bears; permission for killing; protection of property.

HB 112

Code Revision; Title 27; correct errors and omissions. ...................... HB 1208

Fishing; recreational; saltwater sites; charter boats; licensure.

SB 272

Game Fish; definitions; possession limits; lures; bait; trout waters.

SB 527

Hunting; doves; unlawful enticement by baiting fields; penalties.

SB 688

Hunting, Fishing; licenses; lifetime honorary for disabled persons.

SB 592

Hunting, Fishing; licenses; lifetime honorary for disabled persons.

SB 243

Hunting; special deer hunts to curb localized overpopulation. ................ HR 860

Hunting; use of crossbows prohibited; special permit to hunt deer.

SB 592

Licensing; certain private ponds; registration of sellers of game or

domestic species fish; bill of sale or lading. .............................. HB 1382

Salt-water Finfish; size limitations for red drum............................ HB 1513

Shrimping; sport bait or commercial bait; regulation of dealers.

HB 1512

Wild Animals Classified Dangerous; conditional licenses; insurance.

HB 1541

Wildlife; protection; property damage, personal injury; study of.

SR 259

GARBAGE (See Waste Management or Landfills)

GARNER, SENATOR WAYNE; resignation Page 13

GAS, GASOLINE, PETROLEUM PRODUCTS

Motor Fuel; compressed natural gas; excise taxes; measure by gallon.

SB 141

Motor Fuel Tax; nonhighway use exemption certificates; false claims.

HB 1517

Petroleum Pipeline Siting; impacts on land usage, leaks and spills;

moratorium on eminent domain rights; committee to study.

SB 626

Propane Dealers; liquefied petroleum gas licensee; limit services.

SB 669

Underground Storage Tanks; leaking petroleum; corrective actions;

damage liabilities...................................................... HB 1619

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INDEX

2439

GAS, GASOLINE, PETROLEUM PRODUCTS (Continued) Utility Gas Supply Plans; adjustment factors; purchasing costs.

HB 1672

GENERAL ASSEMBLY

Adjournment; February 11 to February 14. .................................. SR 501

Adjournment; February 18 to February 21. ................................. HR 975

Adjournment; February 25 to February 28. .................................. SR 563

Adjournment; January 14 to January 24; January 27 to February 1. .......... HR 658

Adjournment; March 4 to March 7........................................ HR 1067

Adjournment; March 9, reconvene March 14; adjourn March 14,

reconvene March 16 and adjourn sine die.................................. SR 600

Appropriations Bills; reduction in whole or in part by Governor.

SR 27

Appropriations Committees; continuation budget report; contents.

SB 188

Appropriations; continuation budgets; review agency programs; reports.

SB 60

Appropriations; proposed property purchase or lease; analysis reports. ........... SB 8

Appropriations; reports; Budgetary Responsibility Oversight Committee. ....... HB 41

Appropriations; state agencies; audit report; Program Review Act. .............. SB 86

Appropriations; state agency programs; review requirements. ........'............ SB 5

Appropriations; supplementary Acts increasing expenditures; prohibit. ......... SR 539

Appropriations; supplementary Acts not authorized; amend Constitution......... SR 63

Bills for Raising Revenue, Appropriating Money; approval requirements. ... SR 94

Bills for Raising Revenue; taxes, fees, assessments; requirements.

SR 65

Bills To Enact or Increase Taxes, Fees or Assessments; requirements.

SR 6

Budgetary Responsibility Oversight Committee; evaluate new programs.

SB 427

Code Revision; Title 28; correct errors and omissions. ...................... HB 1208

Educational Technology Plan for Georgia; urge development, review.

SR 537

Election of Members of State Board of Education; amend Constitution.

SR 390

Ethics Committees; subpoena powers; telephone conferences.

HB 1594

Fiscal Notes; time of requesting, preparation and consideration.

HB 1274

General Bills Imposing Taxes, Fees, Charges or Assessments;

approval by %'s of members; amend Constitution. ......................... SR 384

Governmental Bodies; open meeting; repeal criminal penalty provision.

HB 903

Health Care Issues; committee to study convening one-day conference.

HR 242

Health Care Reform/Managed Care Conference; feasibility study.

SR 557

Health Care Reform/Managed Care Conference; steering committee.

HR 875

House of Representatives; composition; change 14 districts.

HB 1554

House of Representatives; composition; districts 33, 34, 36, 51. ................ SB 553

Housing Affordability Impact Notes; legislation explanatory note.

SB 591

Introduction of Bills Imposing Unfunded Costs on Local Governments.

SB 661

Joint Session; budget message from Governor; January 13.................... HR 657

Joint Session; invite Supreme Court Justices and Appellate Judges.

HR 655

Joint Session; message from Chief Justice Supreme Court; January 12.

HR 656

Joint Session; state of state message from Governor; January 11. ............. HR 654

Jointly Sponsored Bills and Resolutions; procedure for introduction.

SB 444

Legislation Providing Nonuniform Jurisdiction Pilot Program Courts.

HR 712

Legislative Counsel; distribute state agency proposed regulations............... SB 457

Lobbying by Former Members; activities restricted for 2-years.

SB 69

Local Legislation; introduction; notice of intention requirements.

SB 607

Members; accepting campaign contributions during legislative session.

SB 657

Members and Lt. Governor; limitation of terms of office. ....................... SR 5

Members and Lt. Governor; limitation of terms of office. ...................... SR 90

Members; election; four-term limitation; amend Constitution. ................. SR 414

Members; limit to six consecutive terms of office.

SR 17

Members; limitation of terms of office. ...................................... SR 140

Notify Governor; General Assembly convened. .............................. HR 652

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2440

JOURNAL OF THE SENATE

GENERAL ASSEMBLY (Continued)

Paper Conservation; conversion to letter size paper for printing................ SR 599

Profiling Proposed Bills, Resolutions Prior to Convening; procedures. .SB 203

Profiling Proposed Bills, Resolutions Prior to Session; procedures. ............ HB 170

Retirement Legislation; actuarial studies; change reference. ................. HB 1793

Senate Districts No. 21, 32, 42, 53 and 54; change composition. ............... SB 361

Senate Districts 5, 10, 11, 13, 28, 29, 33, 37, 38, 41, 42, 43,

55; new descriptions. .................................................... SB 553

Senate; standing committees; limit term of chairman; amend Rules. ........... SR 108

Session Meetings; urge alternative 4-day week schedule. ...................... SR 290

Standing Committees; members; acceptance of travel expenses

paid by certain lobbyists prohibited. ...................................... SB 118

State Flag Design Commission; creation; membership.

...... SB 186

Statutes or Amendments to Constitution; public initiative petitions. ........... SR 151

GENETIC SCIENCES; testing; individual privacy; restrict disclosure. ......... SB 704

GEORGIA AGRICULTURAL EXPOSITION AUTHORITY; legal actions; venue...................................................... HB 1191

GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY; Officers, Employees; service credit; Employees' Retirement System. ................... HB 685

GEORGIA AIRPORT DEVELOPMENT AUTHORITY Acquisition of Public Property; restrictions; revenue bonds; members........... SB 624 Powers; acquisition, operation of mismanaged airports. ....................... SB 408

GEORGIA BLACK HISTORY MONTH; designate month of February.

SB 589

GEORGIA BUILDING AUTHORITY (See Building Authority, Georgia)

GEORGIA BUREAU OF INVESTIGATION, GBI

Criminal History Records; persons operating nonprofit bingo games.

HB 1182

Criminal Record Checks; teachers, principals, school personnel.

SB 526

Firearms; purchaser background check; transmission to dealers; fees............. SB 12

Forensic Science Laboratories; testing of substances or evidence. ............. HB 838

Forensic Sciences Division; DUI chemical analysis; testing machines.

SB 418

GCIC; duties; firearms; state background check law; procedures................. SB 12

Investigations of Claims for Awards for Victim Compensation. ............... HB 690

Law Enforcement Integrity Act; unauthorized use of terminology. . ......... HB 1886

Licensing Charitable Casino Gambling to Benefit Schools; procedures. ......... SB 140

GEORGIA CODE (See Code of Georgia)

GEORGIA COMMISSION TO STUDY FAMILY COURTS.

SR 409

GEORGIA COUNCIL ON AGING; recognizing.

SR 415

GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY

Administer Federal Grant Funds for Drinking Water Treatment Works. . . . . . HB 1262

Creation of Division of Energy Resources; transfer powers, duties.

HB 1263

GEORGIA FAMILY CAREGIVER SUPPORT ACT; enact.

SB 648

GEORGIA HOSPITALITY AND TRAVEL ASSOCIATION; recognize. SR 623

GEORGIA INDIGENT DEFENSE COUNCIL; employees; ERS retirement membership. ............................................. HB 192

GEORGIA INSTITUTE OF TECHNOLOGY Center for Advanced Telecommunications Technology; study local telephone services. ................................................. SR 614 Crecine, John Patrick; President of Georgia Tech; commend. ................. SR 511

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INDEX

2441

GEORGIA INTERNATIONAL AND MARITIME TRADE CENTER Creation of Public Authority in Chatham County to Operate Facilities. Publicly Financed Convention and Trade Center in Chatham County.

SB 641 SB 415

GEORGIA LEAD POISONING PREVENTION ACT OF 1994; enact. HB 1270

GEORGIA MUSIC HALL OF FAME AUTHORITY

Officers, Employees; membership; Employees' Retirement System. ............ HB 632

Powers; create nonprofit corporations as subsidiary of the authority.

SB 525

GEORGIA OFFICE OF SENSORY AFFAIRS; create; hearing, visual impaired............................................................ SB 521

GEORGIA PEACH FESTIVAL IN PEACH COUNTY; commend. .......... SR 468

GEORGIA POWER COMPANY Power Line Easement Granted; Mclntosh, Glynn, Banks Counties. Tallulah Gorge; disposition of property for state park development.

SR 463 SR 519

GEORGIA PROMPT PAY ACT; enact.

HB 837

GEORGIA PUBLIC TELEVISION; GPTV; demanding responsibile programs; cease broadcast "Tales of the City" miniseries...................... SR 440

GEORGIA REFORM INSURANCE PLAN (GRIP); authorize establishment. ................................................... SB 226

GEORGIA RESIDENTIAL SECURITY DEED ACT; money loans; interest rates, fees. ........................................... SB 105

GEORGIA SPORTS HALL OF FAME AUTHORITY ACT; enact.

HB 1187

GEORGIA STATE GAMES PROGRAM OF SPORTS FESTIVALS; commend. ................................................................ SR 589

GEORGIA TRIBE OF EASTERN CHEROKEES; convey property for tribal cemetery. .............................................. HR 966

GEORGIA WINNERS 1994; commend. .................................... SR 595

GEORGIA 8 CELLULAR LIMITED PARTNERSHIP; lease of state TV transmitter tower for microwave dishes; Bryan County.

HR 842

GILEAD CHRISTIAN ACADEMY GCAA STATE BASKETBALL CHAMPIONSHIP; commend.

SR 631

GILMER COUNTY-ELLIJAY WATER AND SEWERAGE AUTHORITY; compensation. ............................................. SB 677

GILMER GARDEN CLUB AND MS. BETTY LEE; Georgia Wildflower Project. ................................................ SR 447

GLANTON, SENATOR PAM; statement on. .................. SB 12 vote Page 2050

GLOBAL WARMING; air pollution; energy conservation in state buildings. SR 173

GLYNN COUNTY Ad Valorem Taxes; homestead exemption; certain residents; referendum. Ad Valorem Taxes; homestead exemption; certain senior citizens. Board of Commissioners; election districts; change composition. Coroner; nonpartisan nomination and election. Glynn County Board of Elections and Registration; recreate. Magistrate Court; chief magistrate; partisan election; 4-year term. Pension Plan; transferred juvenile probation employees; options. Property Conveyance; Brunswick; convey historical Lissner House.

SB 654 SB 700 SB 675 SB 586 SB 587 SB 691 HB 671 HR 816

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2442

JOURNAL OF THE SENATE

GLYNN COUNTY (Continued)

Property Conveyance; Brunswick; sell Labor Department property.

HR 817

Property Conveyance; Georgia Power Company; utility line easement.

SR 463

State Court; judge; change compensation. ................................... SB 542

GOCHENOUR, SENATOR ED Explanation of. ............................................ HB 1296 vote Page 430 Explanation of. ........................................... HB 1375 vote Page 2038 Statement on Local Calendar vote Page 1882

GODDARD, ED MCCOY; expressing regrets at passing....................... SR 442

GOLF HALL OF FAME, GEORGIA; Board of Trustees; additional members...................................................... HB 1906

GOODWILL INDUSTRIES OF THE COASTAL EMPIRE; deed of property conveyance. .............................................. SR 120

GORDON COUNTY; Superior Court Judges, District Attorney; salary supplement. ...................................................... HB 1974

GOVERNOR

Appointees to State, Superior, Appellate Courts Subject Senate

confirmation; amend Constitution. ........................................ SR 429

Appointment of Chief Administrative Law Judge; transfer functions.

HB 1443

Appointment of Member; Superior Court Clerks' Cooperative Authority. ....... SB 676

Appropriations Bills; authority to reduce in whole or in part;

amend Constitution........................................... SR 27

Approval of Actions of Pardons and Paroles Board; amend Constitution. ........ SR 99

Budget Report; recommendations; disposition of lottery proceeds.

SB 593

Council on Developmental Disabilities; encourage family stability. ............ HR 808

Emergency Management; powers; utilize State Defense Volunteer Force.

SB 368

Executive Branch; motor vehicle expenses reimbursement rate................ HB 351

General Assembly Convened; notify Governor. .............................. HR 652

General Assembly; joint session; budget message; January 13. ................ HR 657

General Assembly; joint session; state of state message....................... HR 654

National Guard; assist in drug enforcement, medically undeserved

areas, military-based youth training. .................................... HB 1684

Office of Planning and Budget; duties; downsize state government. .............. SR 9

Office of Planning and Budget; effectuate decentralization plans. ............ HB 1810

Office of Planning and Budget; federal grants; tracking data base.

SB 619

Powers; declared emergencies; National Guard activities. ................... HB 1600

Road Improvement Program; add East-west Highway, 1-59 N to 1-85 N. ..... HB 1767

Urge Appoint Task Force to Review QBE Program Formula Components.

SR 183

Zell Miller; Budget Address ............................................... Page 82

Zell Miller; State of the State Address

...... Page 56

Zell Miller; Vetoes 1993 Session ........................................... Page 28

Zell Miller; Vetoes 1994 appropriations, supplemental, line item

Page 552

GRADY COUNTY

Board of Commissioners; election districts; reapportion. .................... HB 1809

Board of Education; election districts; reapportion.......................... HB 1808

Property Conveyance; Big Tired Creek Recreation Area.

HR 1012

GRADY HOSPITAL; public hospitals experiencing financial distress; study of. ........................................................ HR 664

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INDEX

2443

GRAND JURIES (Also See Juries or Courts)

Duties; redefine inspection powers; number of alternate jurors. ................. SB 31

Investigative Powers to Examine Public Offices, Operations, Records. ........ HB 1190

Juror Oath; change gender; foreperson; grammatical revisions.

......... HB 820

GRANDPARENTS RIGHTS

Home Study Programs; authority to teach own grandchildren at home.

.SB 681

Visitation Between Grandparent and Child; mediated disputes; factors. ........ SB 686

GRANTS

Colleges, Universities; eligibility; uniform grade report system. ................ SB 513

Colleges, Universities; eligibility; uniform grade report system.

HB 1326

Education; grants for charter school programs; eligibility. ...................... SB 79

Education Loans Financed by State Funds; public health nurses............. HB 1103

Educational Programs; migrant students; grant funds for schools............... SB 647

Educational; tuition equalization grants; redefine approved schools.

HB 1185

Federal; drinking water treatment; GEFA administrator of funds. ........... HB 1262

Federal; opportunities for state agencies; tracking data services. ............... SB 619

Postsecondary Education; tuition equalization; approved schools.

SB 523

Start-up Money for School Breakfast Programs.

HB 1557

State Agencies; award practices, procedures; fair and open. ..................... SB 4

GRAY, LLOYD H.; recognizing. ............................................ SR 496

GREENB-TALIAFERRO TIGERS FOOTBALL TEAM; commend.

SR 412

GREGOR, KENNETH M., MARTA CHIEF EXECUTIVE OFFICER; commend. .................................................... SR 505

GRIFFIN, CITY OF Griffin-Spalding County School District Ad Valorem Taxes; homestead exemption; certain residents.................................. HB 2046 Griffin-Spalding County School System; board of education; terms. .... HB 1410

GRIFFITH, GENERAL RON; designate highway as tribute to; LaFayette. SR 228

GRIP; Georgia Reform Insurance Plan; Health Care Insurance Coverage for Medicaid Recipients; risk pools............................... HB 1306

GRIP REFORM INSURANCE PLAN; health care cost controls. ............ SB 226

GROCERY STORES, SUPERMARKETS; polling places; alcoholic beverage sales. .................................................... SB 95

GROUND WATER (See Waters, Ports and Watercraft)

GRUBBS, PROFESSOR BILL; introduced, remarks Page 500

GTE TELEPHONE SYSTEMS, SOUTH AREA; easement granted; Tattnall County.......................................... SR 463

GUARDIAN AND WARD Guardians; administration of oaths; fees for requests to terminate. Guardianships Involving Persons Alleged Mentally 111, Alcohol or Drug Dependent; disclosure of AIDS confidential information. Probate Court Actions; serving minors or incapacitated adults. Probate Court; appointment of guardians of minors; legal actions.

HB 1281
HB 1186 HB 71 SB 538

GUHL, SENATOR A. C.; election certified, committee appointments

Page 17, 18

GUM BRANCH; joint city-county fire protection authority. ................. HB 1894

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2444

JOURNAL OF THE SENATE

GUNS (Also See Firearms)

Firearms; retail sales; purchaser background check; GBI records. ............... SB 12

Protection for Minors; accidental shootings; negligent storage.

SB 68

Protection for Minors; accidental shootings; unsafe storage of loaded

guns; criminal liability; statewide referendum.

SB 360

Unlawful Possession; persons under influence alcohol, certain drugs.

SB 121

GWINNETT COUNTY

Ad Valorem Taxes; homestead exemption; increase over 3-year period.

.SB 628

Airport Site Proposed in County; urge DOT withdraw plans.

SR 499

Board of Commissioners; election districts; change composition. ............... SB 728

Board of Education; election districts; change composition. ................... SB 727

Property Conveyance; Gwinnett/Rockdale/Newton Creative Enterprises....... HR 1002

Property Conveyance; Jackson EMC Corporation; utility line easement.

SR 463

Recorder's Court; jurisdiction; trials; judge's qualifications..................... SB 585

Retirement Plan; transferred juvenile probation employees; options. .......... HB 671

State Court; criminal cases; demand for trial by jury. ....................... HB 1447

State Court; judges; change compensation. ................................ HB 1615

Vines Botanical Gardens Enhancement and Development Authority; create. HB 1871

GWINNETT/ROCKDALE/NEWTON COUNTY CREATIVE ENTERPRISES, INC.; lease of Human Resources Department property. HR 1002

H

HABERSHAM COUNTY; property conveyance; Tallulah Gorge; park project. ....................................................... SR 519

HABITUAL OFFENDERS Driver's License; mandatory suspension; certain habitual violators. Driver's License; probationary; conditions for issuance. Driver's License; reinstate conditions; drug use reduction program.

SB 123 HB 1471
SB 307

HALL COUNTY

Ad Valorem; school taxes; homestead exemption; elderly residents. .......... HB 1966

Ad Valorem Taxes; school purposes; homestead exemption; referendum.

SB 384

Designate; Jerry D. Jackson Bridge across Lake Lanier; Hall County.

HR 824

Retirement Plan; transferred juvenile probation employees; options. .......... HB 671

HALLIN, MAJOR GENERAL WILLIAM; Warner Robins Logistics Center; commend. ................................................ SR 515

HAMMONDS, GARFIELD; commend.

SR 648

HANCOCK COUNTY Board of Commissioners; compensation; expenses. Board of Education; compensation; expenses. Transfer from Oconee RDC to Central Savannah River RDC; ratify.

HB 1983 HB 1982 HR 360

HANDICAPPED PERSONS

Access to Public Facilities; accessibility standards; advisory board.............. SB 495

Aged and Disabled Transportation Services; task force to study.

HR 921

Blind and Visually Handicapped; rehabilitation counselors; licensure.

SB 642

Blind Persons' Literacy Rights and Education Act; braille..................... SB 110

Blind Persons' Literacy Rights and Education Act; Braille courses.

HB 492

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INDEX

2445

HANDICAPPED PERSONS (Continued)

Blind, Visually Impaired; election ballots printed in Braille.

SB 112

Consumer Crimes Against Disabled Persons; violations; remedies.

HB 193

Disabled Adults; functionally dependent; primary caregiver support.

SB 648

Disabled Persons; family stability support; development of plans.

HR 808

Election Polling Places; access to. ......................................... HB 897

Federal Community Development Block Grant Funds; additional purposes. SB 570

Handicapped Parking; enforcement monitors; unlawful interference.

SB 462

Handicapped Parking Privileges; veterans awarded the Purple Heart. .......... SB 401

Hearing Aid Dispensers; license renewal; continuing education.

HB 1860

Hearing or Visual Impairment; create Office of Sensory Affairs.

SB 521

Hunting and Fishing; disabled persons; honorary license; crossbows.

.SB 592

Hunting, Fishing; honorary licenses; use of crossbows as weapons. ............. SB 243

License Plates; special; disabled persons; proof of disability. .................. SB 547

License Plates; special; disabled persons; proof of impairment.

HB 1550

Paralympic Games, Athletes, Medal Winners; recognizing.

SR 480

Personal Care Homes; restraints, isolation of residents restricted............... SB 169

Persons With Disabilities; continuing education; lottery proceeds. ............. SB 437

Private Home Care Service Providers; licensing; regulations. ................ HB 1332

Rehabilitation Counselors; licensure; revise requirements. ..................... SB 642

Saltwater Recreational Fishing; honorary licenses............................. SB 272

Seeing Eye, Hearing Ear, Service Guide Dogs Accompanying Trainers. ....... HB 1469

Veterans; housing; accessibility features; construction standards.

SB 311

HARALSON COUNTY; designate; Ray McKibben Medal of Honor Highway. ................................................ HR 730

HARBIN, GIL; expressing sympathy at the passing.

SR 552

HARRIS COUNTY

Ad Valorem Taxes; homestead exemption; elderly or disabled residents.

HB 1958

Board of Commissioners; election districts. ................................ HB 2029

HARRISON, CLARK; designate state office building in tribute to. ............ SR 248

HART COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY; creation. ................................................ HB 2036

HARTSFIELD INTERNATIONAL AIRPORT; Georgia Airport Development Authority; powers; mismanaged airports.

SB 408

HAZARDOUS MATERIALS

Asbestos Removal or Disposal; employee training; certification.

SB 135

Commercial, Industrial Property Sales; environmental site assessment. ......... SB 652

Dry Cleaners; release of solvents; contaminated sites; cleanup.

HB 1814

Fee Requirements; energy recovery burning, waste water, cement kilns. ........ SB 432

Hazardous Waste Facilities; public hearings prior to issuing permit.

SB 262

Hazardous Waste Sites; authorize state debt for corrective actions. ............ SR 546

Hazardous Waste Sites; corrective actions; issuance of public debt.

SB 698

Hazardous Waste Sites; corrective actions; violations........................ HB 1521

Labor Pool or Work-sites; employer violations; penalties.

HB 389

Lead-based Paint and Dust Poisoning; hazards to children; study of.

SR 136

Lead Packaging; prohibitions; exempt steel strapping.

HB 1521

Petroleum Pipeline Siting; environmental impacts; committee to study.

SB 626

Underground Storage Tanks; violations; corrective actions, clean-up.

HB 1619

HEALTH (Also See Mental Health or Health Care Facilities or Human Resources) AID Atlanta Pediatric Department; commend. ...................

SR 633

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2446

JOURNAL OF THE SENATE

HEALTH (Continued)

Ambulance Services; license requirements; invalid car or operator.

HB 1426

Anatomical Gift Donations; driver's license applicant fees reduced.

HB 1547

Biomedical Technology; committee to study economic opportunities.

SR 374

Certificate of Need; exempt certain hospitals restoring bed capacity.

.SB 257

Code Revision; Title 31; correct errors and omissions. ...................... HB 1208

County Boards; assist administration of school health services. ................. SB 46

County Boards; children at risk; multiagency intervention; plans. .............. SB 560

County Boards; contracts; mental health community service boards. ........... SB 511

County Boards; lead poisoning inspectors; licensing; certification.

HB 1270

Death Investigations; person admitted hospital in unconscious state. ............ SB 99

Dietitians Licensing Law; nutritional care; professional counseling............... SB 20

Elderly Medical Treatment; transportation needs; task force to study.

HR 921

Federal Community Development Block Grant Funds; additional purposes. SB 570

Genetic Testing; consent; information confidentiality; prohibitions. ............ SB 704

Health Care Access; committee to study convening conference to study........ HR 242

Health Care Facilities; patient's medical records; copying fees. ................ SB 318

Health Care Facility; notice of unannounced inspections; penalty. ............. SB 563

Health Care for Rural and Underserved Georgians Day; recognizing. ........... SR 489

Health Care Reform/Managed Care Conference; feasibility study............... SR 557

Health Care Reform/Managed Health Care Conference; joint committee. ...... HR 875

Health Planning Agency; certificate of need applications; functions............. SB 627

HIV Infected Persons; immigration policy restricting entry; endorse. ........... SR 214

HIV Infection; AIDS transmitting crimes; victim exposure; HIV tests.

SB 632

Home Health Care Services; patient referrals; investment interests. ............ SB 565

Hospital Authorities; ad valorem taxation; privately leased space.............. HB 674

Hospital Authorities; liability insurance; sovereign immunity. ............... HB 1525

Hospitals, Alternative Rural Community; licensing; acute care status.

.SB 334

Indigent Care; evaluation of revenue sources; commission to study. ........... HR 662

Indigent Care; funding; revenue sources; commission to study. ................ HR 91

Indigent Patients; hospital emergency care; determination; standards. .......... SB 331

Infectious Diseases; hepatitus or HIV; exposure of arresting law

enforcement officers; steps to determine threat of transmission. ............ HB 162

Insurance; coverage; certain types of anti-cancer drugs; conditions. ............ SB 326

Insurance; coverage requirements; temporomandibular joint disorders. ......... SB 170

Insurance; disability income policies; preexisting conditions.................... SB 490

Insurance; long-term care; eligibility; preexisting conditions.................... SB 717

Insurance; long-term care; individual medical trust accounts. .................. SB 161

Insurance; National Health Care Reform Plans; urge full disclosure. ........... SR 626

Insurance; pharmacy services, prescription drugs; recommend coverage. ........ SR 444

Insurance; private insurers; participation in Medicaid pilot program............ SB 208

Insurance; Small Employer Health Coverage Availability Act. ................. SB 650

Insurers; Georgia Reform Insurance Plan (GRIP); authorize establish. ......... SB 226

Lead Poisoning; hazards to children; committee to study testing. .............. SR 136

Lead Poisoning Prevention Act of 1994; enact.............................. HB 1270

Medically Undeserved Areas; use of National Guard medical personnel.

HB 1684

Mental; community service boards; insuring, indemnification, bonds. ......... HB 1921

Mental; delivery of disability services; reorganization; establish

regional and community service boards; duties, functions..................... SB 49

Mental Illness; patient clinical records; release certain entities.

HB 1405

Mental; medical treatment; health insurance coverage..... SB 293

Mental; patient transportation to receiving facility; procedures.

SB 443

Mental; psychologists; employees of public entity; unlicensed person. .......... SB 512

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INDEX

2447

HEALTH (Continued)

Mental; regional or community service boards; powers; functions............... SB 511

Mental; rehabilitation counselors; license requirements; exemption. ............ SB 642

Mental; reorganization of service delivery; community service boards. .......... SB 603

Mental; social workers; exempt professional counselor licensing. ............... SB 434

Mental; State Commission on Service Delivery; final report.

SB 511

Migrant and Seasonal Farm Workers; access to care; study of. ................ SR 336

Minority, Ethnic Communities; commission to address health issues............ SR 391

Nurses; public health nurses of Georgia; commend............................ SR 558

Nursing and Personal Care Homes; Ombudsmen Services Study Committee. . SR 464

Nutrition Policy for School Meals; urge adoption to promote health.

SR 610

Pain Management; practice of anesthesiology, oncology; study of............... SR 568

Patient Freedom of Choice to Select Physician Under Insurance Plans. ........ SB 625

Patient Self-referral Act of 1993; applicable health services.................... SB 565

Patients; cardiac or respiratory arrest; orders not to resuscitate. ............... SB 580

Patients; orders to withhold cardiopulmonary resuscitation. ................. HB 1450

Personal Care Homes; licensure; employee records check for forgery........... HB 650

Personal Care Homes; reports of applicant's fitness to operate. ............... HB 649

Personal Care Homes; residents; grievances; prohibit retaliation................ SB 651

Personal Care Homes; restraints, isolation of residents restricted............... SB 169

Pharmacists; dispensing dangerous drugs to EMS providers. .................. SB 241

Pharmacy, State Board; repeal rule relating to patient counseling.

SB 332

Podiatric Medicine; enact Georgia Podiatry Practice Act. .................... HB 408

Prescription Drugs; Price Control and Health Care Integrity Act............... SB 522

Private Home Care Providers; licensing; inspections; fees.

HB 1332

Pronouncement of Death; persons authorized to make determination. .......... SB 446

Providers; contracts advantageous to public not restraint of trade.............. SR 531

Providers; contracts, agreements advantageous to public; authorize.

HR 943

Providers; contracts, agreements; cooperative health care services. ............. SB 673

Providers; contracts, cooperative agreements for services. ................... HB 1825

Providers; physician financial interest; restrict patient referrals. ............... SB 281

Providers; rural physicians; persons qualifying income tax credit. .............. SB 714

Providers; self-referral arrangements; prohibit exploit patients.

SB 236

Public Health Nurses; service cancelable educational loans. ................. HB 1103

Public Hospitals Experiencing Financial Distress; committee to study.

HR 664

School Health Services; committee to study needs, issues, providers. ........... SR 553

Schools; student services; development of comprehensive programs............. SB 690

Sex Education, AIDS Prevention Course Materials; parental rights............. SB 274

Sex Education, AIDS Prevention Instruction in Public Schools. ............... SB 246

Sex Education; public schools; curriculum; parental review, consent. ........... SB 292

Sexually Transmitted Diseases; teaching prevention in public schools............ SB 37

Smoking in Certain Child Care Facilities Prohibited; post signs.............. HB 1358

Suicide Assisted Deaths; prohibited acts; felony penalty; exception. ........... HB 415

Tattoo Artist Studios; safety inspections; permits; violations................... SB 517

Telemedicine Network; disbursements from Universal Service Fund.

HB 676

Telemedicine; planning, effective use; committee to study. .................... SR 551

Vital Records; spontaneous fetal deaths; registration; miscarriages.

HB 842

HEALTH CARE FACILITIES, HOSPITALS (Also See Health or

Nursing Homes or Human Resources)

Certificate of Need; review board actions; hearing officers.

SB 627

Children at Risk; multiagency treatment services; intervention.

SB 560

Clinical Laboratories; billing practices; forms for ordering tests.

SB 345

Contracts, Agreements Among Health Care Providers; public advantage. ...... HR 943

Contracts Among Health Care Providers Advantageous to the Public. /......... SR 531

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2448

JOURNAL OF THE SENATE

HEALTH CARE FACILITIES, HOSPITALS (Continued)

Contracts Among Providers; agreements offering cooperative services;

certificates of public advantage; approval criteria. .......................... SB 673

Contracts Among Providers; agreements offering cooperative services. ........ HB 1825

Death of Person Admitted Unconscious State; notify medical examiner.......... SB 99

Emergency Service Providers; pharmacies issuing dangerous drugs. ............ SB 241

Genetic Testing; therapeutic purposes only; restrict disclosure. ................ SB 704

Health Care Access; committee to study convening conference to study.

HR 242

Health Care for Rural and Underserved Georgians Day; recognizing.

SR 489

Health Care Insurance Plan; coverage for medicaid recipients. .............. HB 1306

Health Care Reform/Managed Care Conference; feasibility study.

SR 557

Health Care Reform/Managed Care Conference; steering committee. .......... HR 875

Health Planning Agency; reconstitue membership; revise functions. ............ SB 627

Hospital Authorities; liability insurance; sovereign immunity.

HB 1525

Hospital Authorities; privately leased floor space; ad valorem taxes. .......... HB 674

Hospitals, Alternative Rural Community; licensing; acute care status.

SB 334

Hospitals; emergency health care of indigent patients; requirements.

SB 331

Hospitals Providing Only Emergency Services in County; certificate

of need exemption; project restoring previous bed capacity. ................. SB 257

Hospitals; regional system of services; joint committee to study............... HR 664

Hospitals; unmarried mothers; assistance in establishing paternity. ............ SB 555

Indigent Health Care; funding by counties; sources of revenues. ............... HR 91

Inspections; unannounced; penalty to give prior notice; Tip-Off Law. .......... SB 563

Long-term Care Insurance; restrict conditions; prior hospitalization. ........... SB 717

Long-term Care Ombudsman; reports; personal care home applicants.......... HB 649

Long-Term Care Patients; protection from abuse; review of statutes............ SR 464

Medicaid Providers; denial of services rendered; seeking remedies.............. SB 509

Medicaid; residents of long-term care; personal needs allowance. .............. SB 552

Medical Care; provider discounts; GRIP Insurers managed care program. ...... SB 226

Medical Students Physician Residency Training Programs; liability. ......... HB 1892

Mental Disorders, Treatment of; health insurance coverage. ................... SB 293

Mental Health Facilities; transporting patients or clients. ..................... SB 443

Mental; involuntary hospitalization; state background check law

to purchase firearms. ............................................... SB 12

Minority, Ethnic Communities; commission to address health issues............ SR 391

Olympic Games 1996; credentialed staff; health care services. ................. SB 414

Patient Care; pain management; anesthesiology, oncology; study of............. SR 568

Patient Freedom of Choice to Select Physician Under Insurance Plans. ........ SB 625

Patient Referrals; physicians; financial interest restrictions. ................... SB 281

Patient Referrals; provider investment interest; applicable services. ............ SB 565

Patient Referrals; restrictions; provider's self-referral interest. ................. SB 236

Patients; licensing of private home care service providers. .................. HB 1332

Patient's Medical Records; charges for copying; cap on fees. .................. SB 318

Patients; order to withhold cardiopulmonary resuscitation; procedure.

... SB 580

Patients; orders not to resuscitate; effectiveness; hospices. .................. HB 1450

Personal Care Homes; licensure; applicant's fitness to operate. ............... HB 649

Personal Care Homes; residents; right to file grievances; remedies.

SB 651

Recreational Bingo Games; authorize nonprofit operation of.

HB 1183

Recreational Noncash Bingo Games Operated by Nonprofit Organizations.

SB 439

School Health Services Act; scope of programs; student referral.

SB 46

Spontaneous Fetal Deaths; reporting; change provisions. ..................... HB 842

Suicide Assisted Deaths; prohibited acts; felony penalty...................... HB 415

Telemedicine Network; use of funds in Universal Service Fund. .............. HB 676

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INDEX

2449

HEALTH CARE REFORM/MANAGED HEALTH CARE CONFERENCE

General Assembly Joint Steering Committee. ................................ SR 557

Joint Steering Committee Established to Investigate Feasibility.

HR 875

HEARD COUNTY

Franklin-Heard County Water Authority; members; qualifications.

HB 1638

Probate Court; judge; change compensation. ................................. SB 621

Probate Court; judge; nonpartisan nomination and election.

HB 1910

Sheriff; change compensation. .............................................. SB 620

Superior Court; clerk; change compensation.

SB 623

Tax Commissioner; change compensation.

SB 622

HEARING IMPAIRED

Create State Office of Sensory Affairs to Coordinate Services. ................. SB 521

Georgia School for the Deaf; old campus; property conveyance.

HR 814

Hearing Aid Dealers and Dispensers; license renewal........................ HB 1860

License Plates; special; disabled persons; proof of disability.

SB 547

License Plates; special; proof of disability; handicapped ID card.

HB 1550

HEART ASSOCIATION; Lee Beth Andrews introduced .................. Page 1475

HELLENIC-AMERICAN CHAMBER OF COMMERCE OF THE SOUTHEAST; commend. ........................................... SR 652

HELTON, JIMMY; claims against the state; compensating. .................. HR 259

HENRY COUNTY

Henry County School System; commend.

SR 532

Water and Sewage Authority; members; compensation. ..................... HB 1815

HERALD-GAZETTE OF BARNESVILLE-LAMAR COUNTY; 125th Anniversary; recognize. .............................................. SR 662

HIGHER EDUCATION COMMITTEE; Report on Governor's appointments.......................................................... Page 2110

HIGHWAYS, BRIDGES AND FERRIES (Also See Transportation)

Commercial Drivers; serious traffic violations; tank vehicles.

HB 1376

County Road Projects Funded With Tax Proceeds; excess proceeds.

SB 543

County Road Systems; property not needed; abandonment procedures.

HB 1539

Designate; Clarence R. Vaughn, Jr. Freeway on Interstate Highway 20.

SR 376

Designate; Garland T. Byrd Bridge over Flint River on U.S. 19................ SR 502

Designate; General Ron Griffith Highway on S.R. 136 at LaFayette.

SR 228

Designate; Georgia Antiques Trail; route certain communities. .............. HR 1032

Designate; Hardy Durham Faulk, Sr. Memorial Bridge; Twiggs County.

SR 522

Designate; Hardy Durham Faulk, Sr. Memorial Bridge; Twiggs County.

HR 967

Designate; Herbert A. Saliba Bridge; State Highway 90; Dooly County. ....... HR 773

Designate; Howard "Bo" Warren Parkway; portion U.S. 84; Wayne County. HR 668

Designate; James E. (Billy) McKinney Bridge; Fulton County.

SR 628

Designate; James E. "Billy" McKinney Bridge; Fulton County.

HR 925

Designate; Jerry D. Jackson Bridge across Lake Lanier; Hall County.

HR 824

Designate; Lt. Harold "Pinky" Durham Medal of Honor Highway; S.R. 35...... SR 251

Designate; Martin Luther King, Jr. Boulevard; U.S. 278 to Cedartown.

SR 516

Designate; Private George W. Lee, Jr. Memorial Bridge on Highway 135.

HR 925

Designate; Ralph "Country" Brown Highway; Chattooga County.

HR 961

Designate; Ray McKibben Medal of Honor Highway; Haralson County. ....... HR 730

Designate; Reginald Trice Parkway; portion 1-75; Bibb County.

HR 1037

Designate; T. P. Ramsey Bridge; Murray County.

SR 453

Designate; Vendie Hudson Hooks, Sr. Memorial Highway; Emanuel County. HR 768

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2450

JOURNAL OF THE SENATE

HIGHWAYS, BRIDGES AND FERRIES (Continued)

Designate; Walter Kelly, Jr. Bridge over 1-75 in Cobb County. ................ SR 522

Designate; Ward Edwards Bridge on State Route 96 over Flint River.

SR 386

Developmental Highway System; road improvement corridors;

add East-west Highway from 1-59 North to 1-85 North. .................. HB 1767

Driver Training Cars; equipment; dual controlled brakes and signs.

SB 245

Georgia Transportation Authority; projects; private operators; tolls.

SB 328

Highways; commercial driveway permits; limit amount of charges, fees.

HB 546

Highways; emergency call boxes in isolated areas. ............................ SB 213

Highways; state engineer; rename as 'chief engineer'.

HB 1318

International Shipping Cargo Containers; sales tax exemption.

HB 1561

Junkyards; location restrictions; adjacent public roads; screening.............. HB 180

Motor Fuel and Road Tax; nonhighway use exemptions; false claims. ........ HB 1517

Outer Perimeter; exclude and revise Developmental Highway System.

SB 98

Public Roads; vehicles engaged municipal waste collection; stopping.

HB 879

Radar Speed Detection; use of devices on hills; remove restriction. ............ SB 116

Ride-sharing; commuters; state workforce car-pools, flex-time plans.

SB 124

Street or Highway Construction; work sites; speed restriction zones. ........... SB 487

Traffic Accidents; reporting property damage; investigations.

HB 1387

Trailers Used as Contract Carriers; permanent licence plate. ................ HB 1342

Trucks; pickup; safety seat belts required for minors. ...................... HB 1486

Vehicle Weight, Load Requirements; allowable methods for complying. ......... SB 38

HILL, SENATOR JACK; act as Chair of Corrections Committee

Page 560, 1341

HISTORIC DRAMAS

Staging of Historic Dramas; committee to study benefit to tourism............ HR 875

Staging of Historic Dramas; tourist attraction; committee to study.

HR 726

HISTORIC SITES AND PRESERVATION

Cotton Museum; designate official state museum in Dooly County. ............ SR 426

Georgia Black History Month; designate month of February................... SB 589

Historical Nonperpetual Care Cemeteries; registration exemption.

HB 641

Official American Indian Tribe; Southern Band of Cherokee and Creeks. ....... SB 508

Public School Buildings; reading or posting of historical documents.

SB 424

Rhodes Memorial Hall; joint committee to study ownership, use of. ........... SR 485

HOLBROOK, SERGEANT JOHN E.; in memory of......................... SR 639

HOLYFIELD, EVANDER; Heavyweight Boxing Champion; commend. ........ SR 477

HOME BUILDERS; contracts; warranties; arbitration; code violations. ....... HB 1608

HOME CARE SERVICES PROVIDING PATIENT COMPANION OR SITTER; licensing.

HB 1332

HOME INSPECTORS

Licensing Regulation Act; scope of practice; qualifications. .................... SB 330

Requirements; written document specifying inspection, defects noted.

SB 143

HOMELESS PERSONS (Also See Indigent Persons); dispossessory proceedings; tenants with minor child.

SB 482

HOMEOWNERS ASSOCIATIONS; Property Owners' Association Act; enact. .............................................................. HB 574

HOMESTEAD EXEMPTION Ad Valorem Taxes; application filing date. Alpharetta; ad valorem taxes; exemption for elderly residents. Applications; surviving spouse failure to file properly; notices.

SB 472 HB 1911 HB 835

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INDEX

2451

HOMESTEAD EXEMPTION (Continued)

Appling County; ad valorem taxes; exempt certain elderly residents.

SB 678

Bacon County; ad valorem; exempt senior citizens; referendum.

SB 683

Baldwin County; ad valorem; exempt certain leased homesteads.

HB 2020

Baldwin County; ad valorem tax; $10,000 exemption; referendum.

HB 1649

Bartow County; ad valorem; exemption; certain residents; referendum.

HB 1960

Bartow County; ad valorem; school taxes; exempt certain residents.

HB 1959

Bartow County; ad valorem; school taxes; exempt disabled persons.

HB 1962

Bartow County; ad valorem; school taxes; exempt elderly residents........... HB 1961

Brantley County; ad valorem; exempt senior citizens; referendum.

SB 684

Centerville, City of; ad valorem; city taxes; elderly residents.

HB 1606

Cherokee County; ad valorem; school taxes; exempt elderly persons.

HB 1968

Cobb County; ad valorem taxes; certain residents 70 years or older.

HB 481

Colquitt County; ad valorem; exemption for disabled residents.

HB 1804

Columbia County; ad valorem; exemption; elderly or disabled persons.

HB 2014

Coweta County; ad valorem; $5,000 exemption; referendum.

HB 1743

Coweta County; ad valorem; exempt elderly, disabled; referendum.

HB 1742

Crawford County; ad valorem; school district taxes.

HB 1562

Dalton; ad valorem taxes for city purposes; referendum.

SB 634

Dalton; ad valorem taxes for education purposes; referendum.................. SB 635

Decatur; ad valorem; increase exemption for elderly residents.

HB 2034

DeKalb County; ad valorem; exemption; use of local option sales tax.

HB 1917

DeKalb County; ad valorem school taxes; exempt elderly residents.

HB 1903

East Point; ad valorem; exemption for elderly or disabled.

HB 1841

Forsyth County; ad valorem; increase exemption to $5,000; referendum.

SB 682

Glynn County; ad valorem; exempt certain senior citizens; referendum.

SB 700

Glynn County; ad valorem taxes; exempt certain residents. ................... SB 654

GrifBn-Spalding County School District Ad Valorem Taxes;

exempt certain residents. .............................................. HB 2046

Gwinnett County; ad valorem taxes; $10,000 exemption; referendum.

SB 628

Hall County; ad valorem; school taxes; exempt certain residents.

SB 384

Hall County; ad valorem; school taxes; exempt elderly residents.

HB 1966

Harris County; ad valorem; exemption; elderly or disabled residents.

HB 1958

Homestead Option Sales Tax to Fund Exemptions From County Taxes.

HB 1222

Jackson County; ad valorem school taxes; exemption for elderly.

HB 1787

Jackson County; ad valorem taxes; exemption for elderly persons.

HB 1788

Lawrenceville, City of; ad valorem; city taxes; referendum.

HB 1427

Morrow; city ad valorem taxes; grant $8,000 exemption; referendum.

SB 703

Newton County; ad valorem; exempt certain leased homesteads.

HB 1751

Peach County; ad valorem; school district taxes.

HB 1563

Pierce County; ad valorem taxes; elderly residents; referendum.

SB 597

Putnam County; ad valorem taxes; $10,000 exemption; referenda.

HB 1648

Richmond County; school taxes; exempt elderly residents; referendum.

SB 405

Spalding County; ad valorem; exemption for certain residents.

HB 2045

Sugar Hill, City of; ad valorem taxes; exemption; elderly residents.

HB 2026

Temporary Tax Bills Pending Outcome of Appeal; interest.

HB 1207

Troup County; ad valorem; school district taxes; elderly residents.

HB 1604

Walton County; ad valorem; homestead exemption; certain residents.

HB 1949

Warner Robins; ad valorem; city taxes; exemption for elderly.

HB 1652

Wayne County; ad valorem; exempt certain senior citizens; referendum.

SB 699

HOMICIDE DUI Resulting in Vehicular Homicide; imprisonment; increase penalty. DUI Violators; homicide by vehicle; where bailable; jail detention. Suicide Assisted Deaths; prohibited acts; felony penalties.

SB 520 SB 404 HB 415

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2452

JOURNAL OF THE SENATE

HOMOSEXUAL BEHAVIOR; Urge Congress preserve ban against service in U.S. armed forces. ........................................ SR 195

HONEYBEES IN HIVES; preempt local ordinances which restrict production....................................................... HB 1861

HOOKS, SENATOR GEORGE; statement on morning roll call

Page 1873

HOOKS, VENDIE HUDSON MEMORIAL HIGHWAY; designate; Emanuel County.

HR 768

HORN, LOUIS, III; claims against the state; compensate.

HR 767

HOSPICES; Patients; orders to withhold cardiopulmonary resuscitation.

HB 1450

HOSPITALS (See Health Care Facilities or Health or Human Resources)

HOTELS AND MOTELS

Alcoholic Beverages; in-room service; bottle size restrictions. ................. HB 912

Excise Tax Levy; use of proceeds; restrict use for certain purpose.............. SB 658

Innkeepers; guest rooms; occupant time period; valid contracts. ............... SB 536

Price Gouging During 1996 Olympic Games Period; unlawful practices.

HB 1357

Smoke Detectors; installation requirements for all dwelling units............... SB 530

HOUSE OF REPRESENTATIVES

Bills for Raising Revenue; approval by two-thirds of elected members.

SR 65

Bills for Raising Revenue or Appropriating Money; requirements.

SR 94

Ethics Committee; subpoena powers; telephone conferences.

HB 1594

Fiscal Notes; time of requesting, preparation and consideration.

HB 1274

General Assembly; jointly sponsored bills, resolutions; procedures.

SB 444

Introduction of Bills Imposing Unfunded Costs on Local Governments.

SB 661

Legislation Affecting Residential Housing Affordability; impact note.

SB 591

Legislative Counsel; distribute state agency proposed regulations.

SB 457

Local Legislation; notice of intention; affected governing authority.

SB 607

Members; limit to four-terms of office; amend Constitution.

SR 414

Members; limit to six consecutive terms of office. ............................. SR 17

Members; limitation of terms of office. ...............................

SR 5

Members; limitation of terms of office. ....................................... SR 90

Members; limitation of terms of office. ...................................... SR 140

Notify Governor; General Assembly convened.

HR 652

Notify Senate; House Convened. .......................................... HR 651

Profiling Proposed Bills, Resolutions Prior to Convening; procedures.

SB 203

Profiling Proposed Bills, Resolutions Prior to Session; procedures.

HB 170

Reapportionment; new descriptions; districts 33, 34, 36, 51.

SB 553

Reapportionment; 14 representative districts; change composition.

HB 1554

HOUSING (See Buildings and Housing)

HOUSTON COUNTY

Board of Education; reconstitute............................................ SB 733

Board of Elections; creation; successor to present board.

HB 1881

Board of Elections; repeal Act establishing.

HB 1880

Houston County School District Building Authority; creation.

HB 2038

Perry-Houston County Airport Authority; area of operation; members.

HB 2027

Retirement Plan; transferred juvenile probation employees; options.

HB 671

Superior Court; jurisdiction; Agricultural Exposition Authority.

HB 1191

HOWARD, LIEUTENANT GOVERNOR PIERRE Birthday Congratulations. Remarks to Senate

SR 471 Page 44

HUMAN RESOURCES (Also See Social Services or Health)

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INDEX

2453

AFDC, Food Stamps, Medicaid Recipients; initiatives to promote

work, education, family stability. ......................................... SB 464

AFDC Recipients; eligibility; teenagers; school attendance required.

SB 66

AFDC Recipients; private health insurance; public financed vouchers.

SB 208

Aged and Disabled Transportation Services; task force to study.

HR 921

Aging Services for Chronically Dependent Adults; caregiver support.

SB 648

AIDS Transmitting Crimes; victims of a sexual offense; HIV testing.

SB 632

Board; ineligible members; registered lobbyists.

HB 1481

Child Abuse Cases; central registry; identifying information.

HB 1351

Child Abuse Reports; coordination of agencies; establishment of

judicial circuit protocol and committees.

SB 492

Child Abuse; suspected cases; removal of child; custody actions. ............... SB 470

Child Care Facilities; smoking prohibited; posting of signs.

SB 471

Child-placing Agencies; adoptive, foster parents; criminal records check;

payments for certain preparatory programs.

SB 442

Child Support Recovery; dependent child health insurance coverage.

HB 1515

Child Support Recovery; enforcement; collection of court costs.

SB 268

Child Support Recovery; noncomplying professional business licensees.

SB 411

Children Being Considered for Foster Care Placement; records access.

HB 1322

Department; contested actions; duties of Office of State

Administrative Hearings. .............................................. HB 1443

Department; lease of property in Chatham and Gwinnett Counties.

HR 1002

Department; licensing of private home care service providers.

HB 1332

Department; remove certain powers relating to Children's Trust Fund.

SB 493

Department; YDC property in Cobb County; convey road easement.

SR 207

DFACs; county boards; appointment of members; vacancies; terms.

SB 469

DFACS; former employees of county department; retirement membership. HB 1153

Disabled Persons; family stability support; development of plans.

HR 808

DUI Alcohol/Drug Use Risk Reduction Programs; clarify authority.

HB 1399

Family Caregiver Support Program; establishment.

SB 648

Handicapped Services; create state Office of Sensory Affairs.

SB 521

LEARNFARE Program; teenagers receiving public assistance.

SB 66

Medicaid; applicants, recipients, providers; contested cases.

SB 509

Mental Health Clients; release of clinical records; appeal rights.

HB 1405

Mental Health; delivery of disability services; reorganization.

SB 49

Mental Health Service Delivery Within Community or Region; contracts.

SB 511

Nursing or Intermediate Care Home; notice of unannounced inspection.

SB 563

Office of State Administrative Hearings; creation. .......................... HB 1443

Personal Care Homes; grievances of residents; procedural protections.

SB 651

Personal Care Homes; licensing; applicant's fitness to operate.

HB 649

Property Conveyance; Chatham County; deed to Goodwill Industries.

SR 120

Public Assistance; AFDC benefits; additional child born to recipient.

SB 58

Public Assistance; recipients; nonsupporting parents; public service

exchanged for benefits; participate Work for Welfare Program.

SB 464

Public Assistance; teenage recipients of AFDC; school attendance.

SB 407

Public Health Nurse Shortage; service cancelable educational loans.

HB 1103

HUMANE SOCIETIES SHELTERING DOGS, CATS; sterilization requirements. ............................................... HB 1181

HUNT, JOHN; introduced, remarks

Page 1503

HUNTING (Also See Game and Fish) Deer; special hunts to curb overpopulation; criteria; inform public. Dove Hunting; unlawful enticement by baiting fields; penalties. Licenses; honorary; disabled persons; except for mental impairment.

HR 860 SB 688 SB 592

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2454

JOURNAL OF THE SENATE

HUNTING (Continued)

Wild Animals Classified Dangerous; conditional licenses; insurance. .......... HB 1541

Wildlife; bears; permission for killing; owners of damaged property.

HB 112

Wildlife; use of crossbows prohibited; exception, deer hunt permits.

SB 592

IDENTIFICATION DOCUMENTS

Documentation to Register to Vote; remove certain type of records. .......... HB 437

Truth in Identification Protection Act; retail sales of ID cards.

SB 541

Voter Registration Cards.................................................. HB 897

IMMIGRANTS; U.S. policy restricting HIV infected persons entry; endorse. . . . . SR 214

IN LIEU TAX PAYMENTS BY STATE FOR MUNICIPAL SERVICES STUDY Committee. ......................................... SR 550

INCOME TAX (Also See Revenue and Taxation)

Business Expansion Support Act of 1994; 'BEST Plan'; enact. .............. HB 1527

Credit; persons qualifying as a rural physician. .............................. SB 714

Delinquent Taxpayers; levy upon depositor's bank account; methods.

HB 275

Federal Retirees; urge refunds on income taxes paid on pensions. ............. SR 584

Income, Adjustments, Exemptions, Deductions; definitions; incorporate

Omnibus Reconciliation Act of 1993 into Georgia laws. ................... HB 1361

Individual Exemption Allowances; increased deductions; dependents

and retirement income exclusion; reduced wage withholdings.

HB 596

Job Tax Credits; procedures; joint development authorties. ................. HB 1764

Job Tax Credits; qualifying businesses in less developed areas.

HB 1527

Job Tax Credits; qualifying regional economic development facilities.

SR 203

Joint Study Commission on Revenue Structure; re-creating.................... HR 91

Lottery Prizes Awarded of $5,000. or More; income tax withholding.

HB 1369

Lottery Prizes Awarded; taxes imposed upon nonresident winners.

HB 1368

Manufacturer's Investment Tax Credits; qualifying businesses.

HB 1527

Refunds; voluntary contributions to Natural Disaster Relief Fund.

HB 1705

Withholding Requirements; periodic payments of pensions, annuities.

HB 1363

INDIAN HERITAGE AND CONCERNS Georgia Tribe of Eastern Cherokees; convey two acres for tribal cemetery; Lumpkin County. Housing Authorities; create and activate for official Indian tribes. Official American Indian Tribe; Southern Band of Cherokee and Creeks.

HR 966 SB 618 SB 508

INDIGENT PERSONS

Access to Health Care; one-day General Assembly conference to study.

HR 242

Hospital Emergency Health Care; standards; county liability for cost.

SB 331

Housing; elimination of barriers to affordable housing; study of................ SR 406

Housing Renovated for Low-Income Persons; ad valorem tax exemption. ....... SR 407

Indigent Defense Council; employees; ERS retirement membership.

HB 192

Indigent Defense in Criminal Cases; Lawyers for Justice Project.

SR 397

Indigent Defense in Criminal Cases; witness testimony; depositions. ......... HB 1417

Indigent Health Care; funding; alternative sources of revenues.

HR 91

Legal Defense; indigence affidavit; appeals; grounds for dismissal.

SB 581

Legal Defense of Indigents; state funded programs; certain cases.

HB 1254

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INDEX

2455

INDIGENT PERSONS (Continued) Medically Needy; uninsured; study regional role of hospital systems. Minority, Ethnic Communities; commission to address health issues. Public Assistance; AFDC recipient; additional child born to recipient. Public Housing Projects; contracts; tenant management organizations. Services to Persons of Low and Moderate Income; federal programs.

HR 664 SR 391 SB 58 SB 299 SB 570

INDUSTRY AND TRADE

Biomedical Technology; committee to study economic opportunities.

SR 374

Business Expansion Support Act of 1994; enact.

HB 1527

Commercial, Industrial Property Sales; environmental site assessment. .SB 652

Georgia International and Maritime Trade Center; establishment of............ SB 415

Hotel Price Gouging During 1996 Olympic Games Period; penalties. ......... HB 1357

Industrial Laboratory Equipment; using certain grade nitrous oxide.

HB 1334

Regional Economic Development Facilities; joint projects...................... SR 203

Tourism; staging of historic dramas; committee to study benefits.

HR 726

Tourism; staging of historic dramas; committee to study benefits.

HR 875

World Congress Center; expand projects; discontinued projects; gifts.

.SB 569

INITIATIVE PETITIONS TO ENACT OR REPEAL STATUTES; submission to voters. ............................ SR 151

INMATES (Also See Corrections or Courts)

Adult Violent Felon; 3rd conviction; no pardon, parole, work release. .SB 483

Award of Good-time Allowances; probation violators, felony offenders. ......... SB 449

Convicted Felons; sentenced to county jail; good time allowances.

HB 1784

Crime Victims Compensation; claims for awards; ineligible persons.

HB 690

Custodial Status; escape, death or change; victim notification.

HB 211

Felony Offenses; adults; life without parole for 3rd conviction. ................ SR 405

Felony Offenses; mandatory service of imposed sentence; 2nd offense,

life without parole; amend Constitution. .................................. SR 395

Pardons and Paroles; state board voting records; public inspection. ............. SB 64

Pardons, Parole; grant powers to Superior Courts; amend Constitution.

SR 445

Pardons, Parole; state board; limit and restrict powers, authority.

SR 524

Parole Restrictions; persons sentenced for violent crimes.

SB 429

Parole Restrictions; serious violent felonies; Sentence Reform Act.

SB 441

Probation; conditions; confinement, county facility or jail.

SB 270

Sex Offenders; parole conditions; registration with local officials.

HB 1229

Sex Offenders Released From Prison; registration with county sheriff.

SB 399

INNKEEPERS; contracts; guest rooms; assigned time period; liability.

SB 536

INSURANCE

Adverse Underwriting Decisions; unauthorized insurers, agents.

HB 1681

Brokers and Solicitors; surplus lines firms; subagents; clarify.

SB 280

Brokers; surplus line firms; filing affidavit, premium tax, reports.

HB 1309

Code Revision; Title 33; correct errors and omissions.

HB 1208

Commissioner; authority; examine agents, others for probable cause.

HB 1838

Commissioner; election by majority votes cast.

SB 680

Commissioner; election by plurality of votes; amend Constitution. ............. SR 536

Commissioner; limitation of terms of office.

SR 5

Commissioner; limitation of terms of office.

SR 140

Commissioner; powers, duties; enforcement of state building,

plumbing, electrical and other construction codes.

HB 505

Corporate Finance; insurance, banks, trust companies; stock issuance.

SB 694

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2456

JOURNAL OF THE SENATE

INSURANCE (Continued)

Disability Income; group policies; preexisting conditions....................... SB 490

Health Benefit Plans; marketing to small employers; rating practices.

SB 650

Health; benefits for medicaid recipients; contracting out coverage. ........... HB 1306

Health Care Providers; patient's medical records; copying fees.

.SB 318

Health Care Reform/Managed Care Conference; steering committee. ........... SR 557

Health Care Reform/Managed Care Conference; steering committee. .......... HR 875

Health Care; uninsured; study regional role of hospital systems.

HR 664

Health; clinical laboratory tests; regulate billing practices.

SB 345

Health; coverage for certain types of anti-cancer drugs; conditions. ............ SB 326

Health; coverage for children; child support orders; compliance.

HB 1515

Health; GRIP, Georgia Reform Insurance Plan; managed care with

cost controls; state-wide risk pools; premium rating methods.

SB 226

Health; limited benefit policies; exceptions to rating standards............... HB 1488

Health; local school boards; members; medical and dental coverage. ........... SB 473

Health; major medical coverage; treatment of mental disorders. ............... SB 293

Health; medical benefits; temporomandibular joint disorders.

SB 170

Health; national health care reform plans; urge full disclosure. ................ SR 626

Health or Disability Underwriters; prohibit use genetic information. ........... SB 704

Health; pharmacy services, prescription drugs; recommend coverage.

SR 444

Health; public school employees; retirees; continuing coverage.

SB 454

Health; rights of patients and health care providers; selection.

SB 625

Health; self-insurance plans; small employers; exclude workers comp. .......... SB 176

Health; spiraling costs issues; conference to study. .......................... HR 242

Health; welfare recipients; private insurers coverage; pilot program............. SB 208

Indemnification of Law Enforcement and Firemen; define line of duty. ....... HB 250

Indemnification of Public Officers; compensable claims; payments. ........... HB 1617

Insurers; administrative supervision; authority of commissioner. ............... SB 264

Insurers; certificate of authority; capital stock; surplus required.

HB 914

Insurers; policy cancellations; written request from insured. ................. HB 1142

Insurers; rate filings; hearings after disapproval; time periods................ HB 1307

Insurers; refiling corrected documents; rating standards exception. ........... HB 1488

Insurers; surplus line brokers; placement with certain groups. ................. SB 670

Insuring, Indemnification; employees of community service boards. .......... HB 1921

Liability; entities providing medical student residency training. ............. HB 1892

Liability; handlers of wild animals classified as dangerous. .................. HB 1541

Liability; local government entities; claims for recovery of damages. ........... SB 649

Liability; sovereign immunity of hospital authorities; exception. ............. HB 1525

Liability; state-owned vehicles; Department of Children and Youth. ......... HB 1627

Licensing; exclude certain salaried, clerical employees......................... SB 413

Life; corporation or trust; insurable interest; special employee groups;

beneficiary; use of proceeds. ............................................ HB 484

Life; group policies; allow conversion to term life policy....................... SB 573

Long-term Care; conditioning of eligibility; preexisting conditions. ............. SB 717

Medical, Dental, Long-term Care; individual medical trust accounts.

SB 161

Motor Vehicle; accident claims filed after six months. ...................... HB 1653

Motor Vehicle; accident claims; insurers failure to pay benefits.

SB 56

Motor Vehicle; accidents; information exchanged between parties. ............. SB 574

Motor Vehicle; automobile collision repair shops; commission to study. ......... SR 93

Motor Vehicle; cancellation for nonpayment; dishonored check. ............. HB 1308

Motor Vehicle; cancellation of coverage; insurers notice procedures.

SB 578

Motor Vehicle; claims covered by two carriers; settlements; torts.............. HB 471

Motor Vehicle; claims for medical benefits; subrogation prohibited.

SB 187

Motor Vehicle; driver's records, insurance coverage; transmitted. ............... SB 613

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INDEX

2457

INSURANCE (Continued)

Motor Vehicle; DUI traffic conviction records; transmittal by court.

SB 420

Motor Vehicle; glass replacement or repair work; prohibited acts.

SB 47

Motor Vehicle; liability; raise minimum amount required....................... SB 34

Motor Vehicle; liability; taxicabs; person operating as self-insurer.

SB 505

Motor Vehicle; liability; vehicles for hire transporting passengers. .SB 504

Motor Vehicle; subrogation; medical benefits; prohibitions...................... SB 84

Motor Vehicle; total loss; abandoned to wrecker services; disposal.

SB 340

Premium Finance Companies; contracts; disclosure; cancellation.

HB 1393

Premium Taxes; proceeds distribution formula; revised census data.

SB 564

Premium Taxes; surplus line brokers; filing affidavits; payments.

HB 1309

Premiums Charged by Lenders of Secured Residential Loans; regulate. ...... . SB 105

Property; insurers; FAIR Plan and underwriting association; extend. ........... SB 485

Small Employer Health Coverage Availability Act. ........................... SB 650

Structural Pest Control Businesses; insurance coverage...................... HB 1341

Surers; mutual insurers; conversion to stock insurer; procedures. ............ HB 1623

Workers' Compensation; assignment of rejected risks; managed care............ SB 695

Workers' Compensation; benefit; grounds for denial; drug use tests............. SB 545

Workers' Compensation; benefits; entitlement; causation of injuries. ......... HB 1505

Workers' Compensation; cancellation, nonrenewal; notice requirements.

HB 482

Workers' Compensation; employee compensable injuries; medical exams.

SB 267

Workers' Compensation; employer discounts; drug-free work programs.......... SB 310

Workers' Compensation; exclusion; self-insured small employers.

SB 176

Workers' Compensation; ineligible employees; illegal aliens. ................... SB 501

Workers' Compensation; injured workers; medical test procedures.

SB 300

INTEREST (See Banking and Finance or Commerce and Trade)

INTERIOR DESIGNERS; registration; waiver of examination requirements............................................................ HB 1637

INTERNAL REVENUE CODE; income tax laws; definitions; conform to federal laws. ................................................. HB 1361

INTERNATIONAL CULTURAL CENTER COALITION; recognize.

SR 623

INVOLUNTARY SEPARATION; benefits under Employees Retirement System. ..................................................... HB 1576

ISAKSON, EDWIN; father of Senator Johnny Isakson, eulogies

Page 69

ISAKSON, EDWIN A.; expressing sympathy at passing..............

SR 394

ITALY-AMERICA CHAMBER OF COMMERCE SOUTHERN REGIONAL CHAPTER; commend. ...................................... SR 653

JACKSON COUNTY

Ad Valorem; school taxes; homestead exemption; elderly; referendum. ....... HB 1787

Ad Valorem Taxes; homestead exemption; elderly persons; referendum.

HB 1788

Upper Oconee Basin Water Authority Act; enact.

HB 1514

JACKSON ELECTRIC MEMBERSHIP CORPORATION; grant easement; Gwinnett County.

SR 463

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2458

JOURNAL OF THE SENATE

JACKSON, JERRY D.; designate bridge across Lake Lanier; Hall County. HR 824

JAILS, JAILERS

Convicted Felons; inmates; good time allowance; assigned work.

HB 1784

Inmates Sentenced as County Inmates; award of good-time allowances.

SB 449

Municipal Courts; delinquent probation fines; collection procedures.

SB 498

Probation; conditions; confinement, county facility or jail. .................... SB 270

Victims of Crime; notice of offender's change in custody status. .............. HB 211

JASPER, CITY OF; change corporate boundaries. ......................... HB 1908

JASPER COUNTY

Board of Commissioners; election districts; reapportion; terms. .............. HB 1077

Board of Education; reconstitute.......................................... HB 1078

Transfer from Oconee RDC to Middle Georgia RDC; ratify and approve.

HR 360

JEFFERSON COUNTY Board of Commissioners; elections; districts; boundaries..................... HB 1802 Board of Education; election districts; boundaries. ......................... HB 1803 Superior Court; judges; payment of expenses............................... HB 1988

JEKYLL ISLAND STATE PARK AUTHORITY Activity Restrictions; 65% of land area; maintain in natural state. Additional Member; persons leasing property and serving as a member. Facilities, Services; agreements imposing local excise taxes. Fees for Fire Protection, Public Safety Services; limit increases.

SB 336 SB 337 HB 954 SB 147

JENKINS COUNTY; property conveyance; city of Millen; reversion of deed. HR 823

JENKINS, MAYOR BARTOW; commend. ................................. SR 640

JOHN MARSHALL LAW SCHOOL; 60th Anniversary; congratulating.

SR 210

JOHNSON, CONGRESSMAN DON; introduced, remarks Page 1097

JOHNSON COUNTY

Board of Education; chairman; compensation. ............................. HB 1692

Transfer from Oconee RDC to Central Savannah River RDC; ratify.

HR 360

JOHNSON, LEROY; Placement of Portrait in State Capitol. Placement of portrait in State Capitol.

HR 463 SR 213

JOHNSTON, SHIRLEY; retired DHR employee; commend. .................. SR 549

JOINT REGIONAL HOSPITAL STUDY COMMITTEE.

HR 664

JOINT STUDY COMMISSION ON REVENUE STRUCTURE Re-create. ............................................................... HR 662 Re-create. ................................................................ HR 91

JOINT STUDY COMMITTEE ON ENVIRONMENTAL EDUCATION. SR 5120

JOINT STUDY COMMITTEE ON HISTORIC DRAMAS Creation............................................. .................... HR 726 Creation................................................................. HR 875

JUDGES (Also See Courts) Attorneys; part-time service when counsel to local government. Chief State Administrative Law Judge; powers, duties; appointment. Court Reporting; transcription; discretionary powers. Family Court System, Structure, Resources; commission to study. Judges Removed From Office; federal court order; grand jury powers. Jurisdiction; nonuniform; pilot program courts; amend Constitution.

SB 120 HB 1443
SB 356 SR 409 SB 31 HR 712

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INDEX

2459

JUDGES (Continued)

Juvenile Courts; associate judges; qualifications.

HB 1327

Municipal Court Judges Council of Georgia; creation.

HB 1459

Probate Courts; compensation; minimum annual salaries.

HB 1710

Probate Courts Retirement Fund; dues payments; prior service credit.

HB 1091

Probate Courts Retirement Fund; members; retirement at age 55.

HB 1090

Retirees; suspension of benefits; holding office, practicing law.

HB 147

Sentencing of Convicted Felons to County Jail; certain conditions.

HB 1784

State Commission on Judicial Compensation; creation. ....................... SR 456

State, Federal Trial and Appellate; firearms possession exemption.

HB 1209

Superior Court Clerks Training Council; membership; quorum. ................ SB 455

Superior Court; Conasauga Judicial Circuit; fourth judgeship.

SB 544

Superior Court; Conasauga Judicial Circuit; fourth judgeship.

SB 261

Superior Court Judges; increase annual salaries.

HB 1395

Superior Court; postretirement; cost of living increases.

HB 1586

Superior Court; retirement; spousal benefits; rejected coverage.

SB 253

Superior Court; secretaries; retirement; prior service credit. .................. HB 633

Superior Court; secretaries; retirement; prior service credit.

SB 378

Superior Court; Stone Mountain Judicial Circuit; tenth judgeship. .SB 232

Supreme Court Justices and Appellate Judges; increase annual salary.

HB 1398

Trial Judges and Solicitors Fund; contributions for spouse benefits.

HB 1020

JUDGMENTS

Civil Cases; frivolous actions; attorney's fees; motion to recover................ SB 637

Civil Cases; SLAPP Lawsuits to redress grievances in public issues. ........... SB 410

Dispossessory Proceedings; writ of possession against tenant.

HB 337

Liens Against Purchased Property; when property shall be discharged.

HB 72

Magistrate Courts; civil proceedings; deferred partial payments.

SB 393

JUDICIAL CIRCUITS

Alcovy Circuit; superior court; third judgeship.

SB 615

Cherokee Circuit; superior court; judges, district attorney; salary supplement. HB 1974

Child Abuse; circuit protocol committees; membership of each county.

SB 492

Clayton Circuit; district attorney; county salary supplement.

HB 2000

Clayton Circuit; superior court; court reporters; compensation.

HB 1996

Clayton Circuit; superior court; judges; county salary supplement.

HB 1994

Cobb Circuit; district attorney; investigators, assistants; salaries. ............ HB 1862

Conasauga Circuit; superior court; fourth judgeship........................... SB 450

Conasauga Circuit; superior court; fourth judgeship. .......................... SB 544

Conasauga Circuit; superior court; fourth judgeship.

SB 261

Cordele Circuit; superior court; judges; county salary supplement.

HB 1915

Court Reporters; certification; disciplinary actions; depositions. ............... .SB 356

Court Sessions; alternative locations in certain counties; change

term for Early County Superior Court................................... HB 1715

District Attorneys; absent or disqualified; appointed substitutes.

HB 1662

Jurisdiction; nonuniform; pilot program courts; amend Constitution.

HR 712

Middle Circuit; superior court; judges; payment of expenses.

HB 1988

South Georgia Circuit; superior court; change terms.

HB 1311

Stone Mountain Circuit; superior court; tenth judgeship.

SB 232

Superior Courts; judges, district attorneys; increase annual salary.

HB 1395

Superior Courts; judges; removal from office by federal court order.

SB 31

JUDICIAL COUNCIL OF GEORGIA; Pilot Court Programs of Nonuniform Jurisdiction; amend Constitution.

HR 712

JUDICIARY COMMITTEE, SENATE; Senator Pollard act as Chair Pages 795,1537

Refer to numerical index for page numbers

2460

JOURNAL OF THE SENATE

JUNKYARDS; location restrictions; screening; nuisances; liens.

HB 180

JURIES (Also See Courts)

Board of Jury Commissioners and Clerk; per diem compensation.

HB 446

Grand; duties; redefine investigative authority; alternate jurors.

SB 31

Grand Jurors; oath; change gender; foreperson; grammatical revisions.

HB 820

Jury Lists; sources for selection of persons; driver's licenses,

vehicle registrations, registered voters. .................................... SB 193

Selection of Jurors; qualifications; U.S. citizenship............................ SB 438

State Courts; trial of civil actions; demands for jury panel.

SB 62

Trials; DUI cases; subsequent waiver of jury trial; disposition.

SB 421

JUVENILE PROCEEDINGS (Also See Courts or Minors

or Children and Youth Services)

Delinquency Hearings; records inspection; felony acts; notify school.

SB 461

Delinquent, Unruly Children; assessment; intervention; community based risk reduction

treatment; disposition orders. ............................................ SB 560

Detention for Allegedly Committing Certain Felony Offenses; release. .SB 535

DUI Cases; additional penalty for Victim Compensation Program.

HB 690

Family Legal Issues; designated family courts; commission to study.

SR 409

Indigent Defense; state funded programs; counsel in certain cases............ HB 1254

Juvenile Courts; associate judges; certain referees; qualifications.

HB 1327

Juvenile Courts; judges; attorneys serving part-time.

SB 120

Juvenile Delinquency Criminal Cases; direct appeal to Appellate

or Supreme Court. .................................................... HB 1687

Juvenile Delinquent Children; probation condition; boot camp program.

SB 150

Juvenile Law Enforcement Records; disclosure to school personnel.

SB 122

Juveniles Committing Designated Felony Acts; courts notify schools.

SB 132

Juveniles Committing Motor Vehicle Hijacking; designated felony.

SB 288

Persons Convicted Felony Crime; records; presentence investigation.

SB 559

Richmond County; juvenile probation services; transfer state system.

SB 366

School Safety and Juvenile Justice Reform Act of 1994; enact.

SB 440

Unruly Child; detention; students habitually disobedient; loitering.

SB 558

Whitfield County; juvenile intake, probation; transfer state system.

SB 725

Youth Placed Private Family Attention Homes; assess risk to public.

SB 548

K

KANEY, DR. REX; commend. ............................................. SR 534

KAUFMANN, ALICE; served as nurse for the session, introduced............ Page 47

KAUFMANN, DR. JAMES; medical aid station for session, introduced

Page 47

KELLY, WALTER, JR.; designate bridge in his honor; Cobb County.

SR 522

KEMP, SENATOR RENE; excused, illness .............................. Page 1173

KENNESAW, CITY OF Change Corporate Limits. Property Conveyance; lease certain W&A Railroad right-of-way.

HB 1833 HR 818

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INDEX

2461

KIDNAPPING Adult Violent Felon; 3rd conviction; no pardon, parole, work release. Persons Convicted; mandatory service of sentence. Violent Felony Acts; penalties; mandatory sentencing and punishment.

SB 483 SR 395 SB 441

KING, DAVID; Eagle Scout; commend. ..................................... SR 433

KING, MARTIN LUTHER JR.; designate boulevard; U.S. 278 to Cedartown. ............................................................ SR 516

KINSER, HEIDI; National 4-H Champion; commend. ........................ SR 422

KOLIN, MARVIN OF DEKALB COUNTY FOR HEROIC ACTIONS; commend. ................................................... SR 381

LABOR AND INDUSTRIAL RELATIONS (Also See Employment

Security or Workers' Compensation)

Asbestos Safety; persons employed by contractors; required training.

SB 135

Bingo Games Operated by Employers for Workplace Incentives.

SB 439

Code Revision; Title 34; correct errors and omissions. ...................... HB 1208

Commissioner; election by majority votes cast.

SB 680

Commissioner; election by plurality of votes; amend Constitution.

SR 536

Commissioner; repeal enforcement of utilities notification center.

HB 1728

Community Employment Hiring Practices at World Congress Center.

SB 39

Department; receive moneys behalf of Georgia Commission on Women.

HB 68

Drugs; substance abusing employees; testing, rehabilitation programs.

SB 310

Employees; group life insurance; conversion to term life policy.

SB 573

Employer Child Care Issues; committee to study options, problems.

SR 332

Employer Sponsored Child Care for Employees; income tax credits.

HB 1527

Employer Sponsored Retraining Programs; qualifying jobs tax credits.

HB 1527

Employers Engaging Electronic Monitoring of Employees; restrictions.

SB 646

Employment Forms, Applications; multiracial classification.

SB 149

Furnishing Labor, Services; reliance on progress payment; bad checks.

SB 223

Jobs; workforce policies; economic development incentives; study of.

SR 333

Labor Commissioner; limitation of terms of office. ............................. SR 5

Labor Commissioner; limitation of terms of office.

SR 140

Labor Pools; work-site employers; failure to pay temporary workers.

HB 389

Migrant and Seasonal Farm Workers; access to health care; study of. .......... SR 336

Sexual Harassment; abusive work environment; right of action................. SB 712

Unemployed Workers; earned income tax credit eligibility.

SB 464

Unemployment Compensation; benefits; maximum weekly amount;

claims; overpayments; fraud; experience rating; independent carriers.

HB 1194

Unemployment Compensation; benefits; recovery of overpayments.

HB 527

Unemployment Compensation; contributions; state-wide reserve ratio.

HB 1194

Unemployment; one-time employer tax amnesty program for tax payment. HB 1388

Wages; income tax withholdings; raise dependency exemptions.

HB 596

Workers' Compensation; assignment of rejected risks; managed care.

SB 695

Workers' Compensation; benefits; causation of accidents, injuries;

grounds for denial; hearings; entitlement.

HB 1505

Workers' Compensation; benefits; forfeiture; injuries caused primarily

by intoxication or drug use; testing policies.

SB 235

Workers' Compensation; cancellation, nonrenewal; notice requirements.

HB 482

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2462

JOURNAL OF THE SENATE

LABOR AND INDUSTRIAL RELATIONS (Continued) Workers' Compensation; employee compensable injuries; medical exams. Workers' Compensation; employer premiums; modification factors. Workers' Compensation; exclude certain self-insured small employers. Workers' Compensation; grounds for denial; positive drug test. Workers' Compensation; ineligible employees; illegal aliens. Workers' Compensation; injured workers; medical test procedures. Workers' Compensation; medical care; Conformed Panel of Physicians. Workers' Compensation; premium discounts for drug-free work programs.

SB 267 HB 1505
SB 176 SB 545 SB 501 SB 300 HB 1505 SB 310

LABOR POOLS; work-site employers; failure to pay temporary workers or to inform hazardous chemicals exposure; penalties.

HB 389

LAFAYETTE; designate portion S.R. 136 as General Ron Griffith Highway. SR 228

LAGRANGE, CITY OF Mayor and Council; powers; franchise rights for use of streets. Mayor, Councilmembers; election districts; terms; repeal 1993 Act.

HB 1834 HB 1987

LAKE ALLATOONA; Red Top Mountain State Park; sublease park marina site. ............................................... HB 1372

LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY

Facilities, Services; agreements imposing local excise taxes. .................. HB 954

Membership, Transfer Credit; State Employees' Retirement System.

SB 377

LAKES Designate; Jerry D. Jackson Bridge across Lake Lanier; Hall County. Park Marina Sites; Lake Allatoona, Richard B. Russell; subleases.

HR 824 HB 1372

LAMAR COUNTY

Board of Education; members; nonpartisan elections.

HB 1320

Sheriff; filling of vacancies in office. ...................................... HB 2018

LAND-DISTURBING ACTIVITIES

Erosion Control Requirements; permits. ..................................... SB 608

Regulatory Compliance Yet Damages Caused.

HB 566

LANDFILLS (Also See Waste Management) Biomedical Waste Disposal Facilities; restrict construction permits. Municipal Waste Collection; vehicles used; stopping on roads; lights. Solid Waste; disposal facilities; modification of expansion permits. Solid Waste Handling Facilities; special purpose county sales tax. Yard Trimmings; disposal restrictions; chipping, soil composting use.

SB 381 HB 879 HB 1435 HB 1704 SB 289

LANDLORD AND TENANT Dispossessory Proceedings Against Tenants With Minor Child; reports. Dispossessory Proceedings; writ of possession against tenant. Residential Rental Property; management companies; business office. Residential Rental Property; tenant's application; refund of fees.

SB 482 HB 337 SB 481 SB 476

LANGFORD, SENATOR ARTHUR
Excused, hospitalized Page 490, 538, 563, 619, 1073 Expressing regrets at illness. ........................................... . . . SR 644

LANIER COUNTY; probation detention center; rename for Robert Lee Patten.

SR 561

LAW ENFORCEMENT OFFICERS AND AGENCIES Abandoned, Derelict Vehicles; request for information; disposition. Additional Funds for Crime, Traffic Incidents Related to Alcohol Use.

SB 340 SB 228

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INDEX

2463

LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued)

Arrest of Persons for Oflenses of Stalking; enact new provisions. .............. SB 697

Arrest of Persons; private security guards; powers, certain property.

SB 287

Arresting Officer; duties; suspected DUI violations; chemical tests.

SB 163

Arresting Officers; injury, contact exposure to infectious diseases.

HB 162

Arrests; accidental shootings involving minors access to loaded gun. . .

SB 360

Arrests; accidental shootings of minors; negligent parent or guardian. ........... SB 68

Arrests; DUI violators; administration of chemical test by officers.

SB 459

Arrests; DUI violators; implied consent rights; valid test machines.

.SB 418

Arrests; fingerprinting of juveniles.

SB 440

Charitable Sales Promotion or Solicitation; reports; misrepresenting.

SB 611

Charitable Sales Promotion, Solicitations; unlawful representation.

HB 1886

Coroners' Training Council; approve, certify annual training.

HB 1256

Criminal History Records; disclosure in criminal trials; procedures.

HB 828

Criminal Justice Coordinating Council; members; reduce number of.

HB 882

Custody or Detention of Persons Alleged Mentally 111, Drug Dependent;

AIDS confidential information; disclosure. ............................... HB 1186

Death Investigations; removal of human body parts from scene.

HB 686

Drug Enforcement Assistance; use of national guard. ....................... HB 1684

Fire Departments; emergency powers; effect on other agencies.

HB 1570

GBI; access to financial institutions' currency transaction reports.

HB 1676

GBI; criminal records; firearms purchasers; background check law.

SB 12

GBI; Forensic Science Laboratories; testing of substances, evidence.

HB 838

GBI; licensing charitable casino gambling to benefit schools.

SB 140

GCIC; criminal records check; teachers and other school personnel. ............ SB 526

GCIC; records check; adult persons alleged committed child abuse.

SB 468

GCIC; records check; preplacement of adoptive, foster parents................. SB 442

GCIC; use of records; child abuse investigations; liability immunity.

SB 468

Georgia Polygraph Examiners Act; repeal.

HB 1391

Indemnification; compensable disability, death claims; payments.

HB 1617

Indemnification; officers; responding to situations while off duty.

HB 250

Informant Reward Payments; forfeitures; Controlled Substances Act. .......... SB 237

Investigations; mental health facilities; access to patient records.

HB 1405

Juvenile Records; disclosure to school personnel; regulate use of.

SB 122

Law Enforcement Integrity Act; unauthorized use of terminology.

HB 1886

Officers; complaints against; procedural criteria; officers' rights.

HB 397

Officers; duties; traffic accidents; signaling vehicles to stop. ................... SB 574

Officers; duties; traffic incidents; police stop signals.

HB 1916

Peace Officers; arrest powers; employees of county probation systems.

SB 409

Peace Officers' Benefit Fund; change age requirement, service years.

HB 495

Peace Officers' Benefit Fund; membership; corrections officers.

HB 498

Peace Officers; preemployment requirements; basic training;

certification; training for communications officers. ........................ HB 1389

Peace Officers; training agencies; appropriation of funds.

SB 65

Polygraph Examiners; license application fees; remove exemption.

HB 631

Powers; inspection of flea market vendors' property records.

HB 1195

Private Detective or Security Businesses; criminal justice degrees.

HB 1493

Public Safety Driver's License Examiners; duties as voter registrars.

SB 131

Public Safety Employees Operating Emergency 911 Systems; funding.

SB 302

Public Safety; troopers; urge review of compensation schedule.

SR 319

Radar Speed Detection; use of devices on hills; admissible evidence.

SB 116

Records; superior court access; presentencing of juvenile offender.

SB 559

Revenue Agents, Enforcement Officers; weapon and badge retention.

HB 311

Search and Seizure With a Warrant; evidence; criminal procedure.

SB 113

Refer to numerical index for page numbers

2464

JOURNAL OF THE SENATE

LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued)

Sheriffs, Deputy Sheriffs; surety bond conditions. .......................... HB 1667

Sheriffs; duties; disseminate registrar of sex offenders to police.

SB 339

Sheriffs; employees in civil service system; counties over 400,000. .............. SB 239

Sheriffs; qualifications; peace officer training requirements..................... SB 458

Sheriffs; requirements; peace officer training; failure to complete. .............. SB 551

Sheriffs' Retirement Fund; previous members; renewal of membership.

HB 500

Sheriffs; retirement membership; increase dues, benefits amounts. ............ HB 499

State Employees; payroll deductions; professional development.

HB 1455

Traffic Accident Investigations; minimum property damage of $500. ......... HB 1387

Traffic Accident Reports; local law enforcement agency requirements......... HB 1386

Traffic Safety; school crossing guards; duty of county to provide.

SB 722

Training; detection, investigation; crimes against children. .................... SB 494

Videotapes Made by Officers Depicting Motor Vehicle Violations. ........... HB 1228

LAW LIBRARIES; Board of Trustees; powers; pooling of funds; use of moneys collected. ........................................ HB 1459

LAWRENCEVILLE, CITY OF Ad Valorem; city taxes; homestead exemption; referendum. Corporate limits; deannex certain property.

HB 1427 HB 922

LAWYERS FOR JUSTICE PROJECT; volunteer indigent defense; commend. ........................................................ SR 397

LEAD POISONING

Georgia Lead Poisoning Prevention Act of 1994; enact. ..................... HB 1270

Hazards to Children; lead-based paint and dust poisoning; study of.

SR 136

Prohibitions Against Selling Packages Containing Lead; exemption.

HB 1521

LEARNFARE PROGRAM; public assistance; teenagers; school attendance.

SB 66

LEAVELL, CHUCK; introduced, remarks.................................. Page 969

LEE, PRIVATE GEORGE W., JR.; designate memorial bridge in honor.

HR 925

LEGAL ADVERTISING Publication of Notices of Conviction for DUI Offenses. ....................... SB 119 Publication of Notices of Conviction for 3rd DUI Offense. .................... SB 418

LESTER, JAMES L.; elected to State Transportation Board Page 80

LEVATTE, CYNTHIA, FHA/HERO NATIONAL OFFICER; recognizing. SR 402

LEWIS, CAPTAIN THOMAS A.; recognizing. .............................. SR 591

LEWIS, WALTER; claims against the state; compensating.................... HR 124

LIBERTY COUNTY

Board of Education; members; terms of office. ............................. HB 1678

Joint Liberty County, Cities of Gum Branch, Midway, Riceboro,

Walthourville Fire Protection Facilities and Equipment Authority; creation. .........

..................................................................... HB 1894

Motor Vehicle Registration; staggered periods; referendum.

HB 1679

State Court; judge, solicitor; compensation................................. HB 1895

Tax Commissioner; annual salary; abolish fee system of compensation.

HB 473

LIBRARIES, LIBRARIANS County Law Libraries; pooling of funds; use of moneys collected. Librarians; professional certification; accredited master's degree. Public Schools; libraries or media centers; books harmful to minors. School Library Books; lost or damaged; student restitution policy. School Library Books; lost or damaged; student restitution policy. State Museum and Library Facilities; commission to study location. Textbooks in Any Medium, Print or Nonprint; state board to regulate.

HB 1459 SB 67
HB 1950 SB 484 SB 526 HR 962
HB 1702

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INDEX

2465

LICENSE PLATES (Also See Motor Vehicles or Staggered Tag Sales)

Abandoned or Derelict Vehicles; disposition; cancellation of title.

SB 340

Automobile Registration; transfer fees; certain older persons exempt.

SB 400

License Plates; special; firefighters; repeal additional fees.

HB 1266

Licensing, Registration, Titling; modernize using electronic format.

SB 518

Local Tag Agents; license plates, decals; fees to issue replacement.

HB 1223

Registration; certificate of title; vehicles for which not required. ............... SB 445

Registration; permanent; trailers used contract carriers for hire.

HB 1342

Special; disabled persons; proof of impairment by ID card.

HB 1550

Special; free plates; National Guard or Armed Forces retirees. ................ SB 528

Special; issuance; commanders of certain veterans' organizations. .............. SB 547

Special; issuance; commanders of certain veterans' organizations. ............ HB 1601

Special; issuance; commemorating service in U.S. armed forces. ............... SB 547

Special; issuance; disabled persons; proof of disability......................... SB 547

Special; one free plate; national guard retirees, amateur radio operators.

HB 1221

Special or Distinctive; repeal additional registration fees. ..................... SB 138

Special; retired military reservists........................................... SB 357

Special; retired veterans of U.S. armed forces; applications; fees. .............. SB 367

Special; surviving spouse of deceased veterans; renewals..................... HB 1340

Special; survivors of Pearl Harbor; repeal number of applicants.............. HB 1265

Special; veterans awarded Purple Heart; access to handicap parking.

SB 401

Special; wartime veterans; 100% disabled; free plates and decals............... SB 242

Staggered Tag Sales; motor vehicle registration; Paulding County.

HB 1348

Vehicle Registration; certificates of title; manufactured homes. .............. HB 1233

Vehicle Registration for Tax Purposes; offense of false swearing. ............ HB 1214

Vehicle Registration; separate certificate of title application. ................ HB 1235

LIENS

Abandoned Vehicles; removal, storage fees; foreclosure filing fees.

HB 321

Aircraft; labor, materials, indemnity contracts furnished; filing............... HB 1400

Condominiums; common expenses, assessments; unit owners, mortgagees.

HB 1567

Condominiums; failure of unit owners to pay assessments; judgments.

HB 572

Contractors; property improvements; commencement of project notice.

SB 546

Junkyards; visibility screening; expenses; owner, operator liability.

HB 180

Loans; residential mortgage lenders, brokers; regulation, licensing.

SB 106

Loans Secured by Residential Property; fees, interest; maximum rates.

SB 105

Property Improvement Contractors; payment bond, security

deposits; preserving rights of certain parties; filing notices.

HB 545

Property Located Self-storage Facilities; public sales........................ HB 1878

Property Owners' Association Act; governance; incorporation.

HB 574

Property; when purchased property is discharged from lien of judgment.

HB 72

Public or Private Suppliers of Residential Utilities; unpaid

charges of prior occupant or owner.

HB 862

Secured Transactions of Landowner; future crops due to sharecroppers.

HB 73

Tax Liens on Property Condemned for Urban Development; setoff award.

HB 989

Vehicles, Trailer; invalid security interests; rental transactions. ................ SB 514

LIEUTENANT GOVERNOR Limitation of Terms of Office; amend Constitution. ............................ SR 5 Limitation of Terms of Office; amend Constitution. ........................... SR 90 Limitation of Terms of Office; amend Constitution. .......................... SR 140 Pierre Howard; birthday congratulations..................................... SR 471 Pierre Howard; remarks to Senate Page 44

LIMBAUGH, RUSH, RADIO TALK SHOW HOST; honoring.

SR 378

Refer to numerical index for page numbers

2466

JOURNAL OF THE SENATE

LIMOUSINE CARRIERS; registration; permits; insurance; chauffeur permits. SB 317

LINCOLNTON, CITY OF; mayor and council; term limitations.

HB 1800

LINDSEY, WILL; Eagle Scout; commend.................................... SR 650

LITERACY

Adult Programs; persons 18 years or older. ................................... SB 72

Braille Literacy; educational instruction for visually impaired................. HB 492

Porter, Carrie L.; Adult Literacy Education Award; commend.

SR 593

LITHIA SPRINGS, CITY OF; Re-establishment of Town; congratulate........ SR 452

LITTER; public trash, garbage containers; unauthorized removal of items.

HB 95

LITTLE OCMULGEE STATE PARK; designating "Thaxton Lane". ....... HR 1126

LIVELY, RALPH AFORD; commend.

SR 569

LLAMA PROFESSIONALS, ACTIVITY SPONSORS; liability for injuries; signage........................................................ SB 571

LOBBYISTS, REGISTERED AGENTS

Campaign Contributions; prohibitions; reporting; fees.

SB 657

Disclosure of Activities Influencing Actions of Local Officials.

HB 1298

Ethics; influencing passage of legislation; members of standing

committees prohibited accept travel expenses. ............................. SB 118

Ineligible for Appointment to Health Planning Agency Review Board.

SB 627

Lobbying; restrict conduct of former legislators, public officials.

SB 69

Lobbyists; prohibit serving on Board of Human Resources.

HB 1481

LOCAL GOVERNMENT (Also See Counties or Municipalities)

Ad Valorem; aircraft; return in county of primary home base.

HB 1654

Ad Valorem; alternative source of revenue to property tax; study of.

HR 91

Ad Valorem; assessment; changing valuation established on appeal.

HB 1196

Ad Valorem; assessments; appeal procedure; filing; notice; response.

HB 1436

Ad Valorem; county boards of equalization; training requirements. .......... HB 1506

Ad Valorem; exemptions; Homestead Option Sales Tax Act.

HB 1222

Ad Valorem; hospital authorities; privately leased floor space.

HB 6784

Ad Valorem; in lieu tax payment for local service to state property.

SB 685

Ad Valorem; payments by state in lieu of taxes for municipal service.

SB 685

Ad Valorem; property value; fair market; existing use; timber.

SB 233

Ad Valorem; tax executions; delinquent taxpayers; recording.

SB 534

Ad Valorem; tax executions on personal property; time of issuance.

HB 1268

Ad Valorem; taxes due county; settlement period for commissioners.

HB 567

Ad Valorem; taxing jurisdictions; duties; millage rate adjustments.

HB 554

Ad Valorem; taxing jurisdictions; Property Tax Amnesty Program Act.

SB 506

Ad Valorem; unpaid taxes; denial of land-disburbing activity permits.

SB 608

Ad Valorem; vehicle registration; penalty for false statements.

HB 1214

Airport Mismanagement; takeover by Ga. Airport Development Authority.

SB 408

Airports, Landing Fields; commercial expansion; counties of 400,000.

SB 94

Airports; public expansion; restriction; Ga. Development Authority.

SB 624

Alcoholic Beverage Sales and Activities Involving Nudity;

regulatory ordinances. .................................................. HR 709

Alcoholic Beverages; excise taxes; purposes; coliseum, civic center.

HB 2009

Alcoholic Beverages; retail consumption dealers; package size.

HB 912

Alcoholic Beverages; sales on Sundays; authority of municipalities.

SB 314

Animal Shelters; sterilization of dogs and cats. ............................ HB 1181

Attorneys Serving as Counsel to; part-time service as judges.

SB 120

Boards of Education; school closing actions; special elections.

HB 1314

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INDEX

2467

LOCAL GOVERNMENT (Continued)

Bond Financing of Public Projects; indebtedness; committee to study.

SR 37

Building and Construction Codes; compliance; bonding requirements.

S.B 499

Building and Construction Codes; compliance; conditioned air

contractors, plumbers, propane dealers. ................................... SB 669

Building and Fire Codes; smoke detectors required all dwelling units.

SB 530

Building Codes; handicap access; implement state accessibility codes.

SB 495

Business Taxes; alcoholic beverage dealers; increase license fees.

SB 228

Businesses Subject Local Occupation Taxes, Fees; clarify exclusions.

HB 1613

Code Revision; obsolete Acts based population classification; repeal.

SB 645

Contracts; World Congress Center projects; discontinued

projects; conveyance to public entities.

SB 569

Contractural Indebtedness Incurring Through COPS/Certificates

of Participation; requirements; amend Constitution.

SR 385

Correctional Institutions; wardens, officers; retirement membership.

HB 498

Costs of New Programs or Services Imposed by State; limitations.

SR 148

Council of Municipal Court Judges of Georgia; creation; county law

libraries, pooling of funds and use of funds.

HB 1459

Counties; ad valorem taxes; Property Tax Amnesty Program Act.

SB 506

Counties; Board of Jury Commissioners; compilation of jury list.

SB 193

Counties; boards of tax assessors; members; term of office.

SB 158

Counties Declining in Population; senior citizens establishing

residency exempt vehicle title transfer fees.

SB 400

Counties Designated Less Developed Area; business expansion support.

HB 1527

Counties Determined Economically Depressed; state facility location.

HB 1810

Counties; duty to provide school crossing guards for traffic safety.

SB 722

Counties; elections; withdrawal of nominated candidates; procedures.

HB 376

Counties; governing authorities; members; minimum annual salaries.

SB 380

Counties; indigent residents; liability for hospital emergency care.

SB 331

Counties; local retirement systems; transferred probation employees.

HB 671

Counties, Municipalities; joint projects; regional economic development

facilities; sharing ad valorem tax proceeds; amend Constitution.

SR 203

Counties, Municipalities; land transactions located adjoining county.

HB 715

Counties, Municipalities; land transactions located adjoining county;

maintenance of official documents......................................... SB 668

Counties, Municipalities; local legislation; General Assembly duties.

SB 607

Counties of 300,000 or More; joint board of tax assessors repealed.

HB 1289

Counties of 50,000; intangible recording taxes; collection officer.

HB 1642

Counties of 50,000 or More; alternative locations for holding court.

HB 1715

Counties of 550,000 or more; public works contracts; bidders.

HB 607

Counties of 96,000 or More; probate court judges, clerks;

qualifications; jurisdiction in certain cases.

HB 1754

Counties Over 400,000; civil service coverage; employees of sheriff.

SB 239

Counties; probation employees; arrest powers as peace officers.

SB 409

Counties; public funds and school district moneys; depositories.

SB 537

Counties; public road systems; procedures for abandonment.

HB 1539

Counties; public trash, garbage containers; prohibit removal of items.

HB 95

Counties; purchasing agents; eliminate certain powers; Fulton County.

SB 500

Counties; tax assessor boards; certain appraiser ineligible member.

HB 1693

Counties; tax assessor boards; certain appraisers ineligible members.

SB 472

Counties; tax officials; electronic format for vehicle licensing.

SB 518

Counties; tax sales; excess funds unclaimed for 7 years; disposition.

SB 612

Counties; taxes; ad valorem; certification of tax digest.

SB 659

Counties; taxes on insurance premiums; proceeds distribution formula.

SB 564

Refer to numerical index for page numbers

2468

JOURNAL OP THE SENATE

LOCAL GOVERNMENT (Continued)

Counties; taxes; special purpose for road projects; excess proceeds.

SB 543

County Board of Jury Commissioners and Clerk; per diem compensation.

HB 446

County Commissioners, Chairpersons; nonpartisan primaries, elections.

SB 370

County, Municipal Offices; vacancies; interim appointees; elections.

HB 304

Development Authorities; joint; job tax credit program.

HB 1764

Downtown Area Developments; business recruitment; barriers; study of......... SR 636

Downtown Development Authorities; directors; change length of term.

HB 1179

Education; local school governance, management; committee to study.

SR 387

Elections; amend numerous provisions...................................... HB 897

Elections; campaign financing; contributions; lobbyist expenditures.

SB 657

Elections; contributions to influence ballot questions; limitations.

HB 1199

Elections; nonpartisan local government offices.

HB 1215

Elections; plurality of votes cast; eliminate straight party voting.

SB 680

Elections; voter registration system; precincts; candidacy notice.

SB 639

Elections; voting and registration; comprehensive revisions.

HB 1429

Emergency 911 Telephone Charges; allocation and use of moneys.

SB 302

Eminent Domain Powers; tax liens on condemned property; setoff award.

HB 989

Enterprise Zones; ad valorem tax exemption upon referendum approval.

SB 166

Enterprise Zones; creation; different property tax treatment.

SR 206

Enterprise Zones; creation; property classification for ad valorem.

SR 495

Ethics; activities influencing actions on ordinances or resolutions;

lobbyist disclosure. .................................................... HB 1298

Excise Taxes; agreements; certain state park facilities, services.

HB 954

Expenditures, Revenue; legislation imposing unfunded cost; analysis.

SB 661

Federal Community Development Block Grant Funds; additional purposes. SB 570

Financial Audits; reports; expenditure levels; corrective actions.

HB 1415

Fire Departments; emergency powers; authority of other agencies.

HB 1570

Fire Safety Standards; local construction codes subject to review.

SB 533

Funding of Court Operations; disputes of adequate basic level.

SR 192

Governing Bodies; open meetings; repeal criminal penalty provision.

HB 903

Grand Juries; change investigative powers to examine county offices.

HB 1190

Grand Juries; redefine investigative authority in county matters.

SB 31

Honeybee Production; restrict local ordiances prohibiting.

HB 1861

Hotel-Motel Tax Levy Proceeds; restrict hosting certain entities.

SB 658

Hotel-Motel Taxes; expending for Aviation Museum and Hall of Fame.

HB 1241

Housing Authorities; commissioners; representative elected official.

HB 1180

Housing Authorities; contracts for services; preference to residents.

SB 610

Irrigation Contractors; issuance of permits; applicant licensure.

HB 516

Jails, Correctional Facilities; regional facilities; joint projects.

SR 203

Joint County and Municipal Sales Tax; expiration, renegotiation.

HB 1489

Junkyards; location restrictions; visibility screening; liens.

HB 180

Law Enforcement Officers; complaints against; procedural criteria.

HB 397

Liability in Tort Actions; claims; recovery limitations.

SB 649

Local Government Unfunded Mandate Procedures Act.

SB 661

Municipal Elections; poll officers; qualifications; appointments.

HB 1422

Municipal Elections; polling places; number within each precinct.

SB 496

Municipal Elections; voting precincts; boundaries; official maps.

SB 497

Municipal Officers Elected Six-year Term in 1988; expiration date.

HB 1192

Municipalities; corporate limits; deannexation method; procedures.

HB 1544

Municipalities; costs of services provided state property; study of.

SR 550

Municipalities; vehicles for waste collection; stopping on roads.

HB 879

Nude or Other Sexual Conduct; regulation of; amend Constitution.

SR 187

Officers, Employees; sale of property to a political subdivision.

SB 31

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INDEX

2469

LOCAL GOVERNMENT (Continued)

Ordinances; soil erosion control; land-disturbing activity; permits.

SB 608

Property Tax Amnesty Program Act; waiver of penalties for payment.

SB 506

Public Issues; lawsuits to redress grievances; claims; justification.

SB 410

Public Office; ineligible persons; defaulter for legal taxes.

SB 426

Records; inspection; applicable local governmental associations.

HB 1313

Regional Development Centers; boundaries; relocate certain counties.

HB 1178

Regional Development Centers; membership; ceasing operation; audits.

HB 1482

Residential Utilities; public or private suppliers; unpaid charges

of prior occupant; limited liens.

HB 862

Sales Tax; special purpose; solid waste collection and disposal.

HB 1704

Sewage; regulations for on-site individual systems.

HB 1658

Solid Waste Management; landfill restrictions; yard trimmings.

SB 289

State Mandated Programs Necessitating Additional Local Revenue

Expenditure Prohibited; amend Constitution.

SR 383

Streets and Highways; work sites; speed restriction zones; signage.

SB 487

Superior Court Records, Computer Data; reporting revenues received.

SB 456

Tax Commissioners, Collectors; salaries; increase minimum amount.

SB 282

Tax Receivers; duties; ad valorem taxes; certification of tax digests.

SB 659

Tax Sales; purchases of property; redemption price amount. ................. HB 656

Tort Actions; limited waiver of sovereign immunity........................... SB 649

Utility Underground Systems; contractors; certification; bids................. HB 1596

Water Pollution Control; public drinking water; federal grants.

HB 1262

Water Systems; withdrawal permits; water conservation plans.

SB 10

LOCAL PROPERTY TAX AMNESTY PROGRAM ACT; enact.

SB 506

LOCKWOOD, MAX; recognizing. ........................................... SR 637

LOGANVILLE, CITY OF; mayor and city council; staggered four year terms. ........................................................ HB 1899

LOITERING; violation of county ordinance; arrest and prosecution.

HB 1531

LOTTERY FOR EDUCATION ACT Gaming Products; vendors; major procurement contracts; bids. Georgia Lottery; continued existence; resubmit question to voters. HOPE Scholarship Program; qualifying; uniform grade report system. HOPE Scholarship Program; qualifying; uniform grade report system. Lottery for Education Account; proceeds; appropriation restrictions. Lottery Games; advertisements; disclosure of winning odds. Lottery Games; marketing, advertising; restrict using resources with media outlets that do not serve public interest. Lottery Prizes Awarded; income taxes imposed nonresident winners. Lottery Proceeds; calculating mandatory education appropriations. Lottery Retailers; electronic dispensers; sales to minors; penalty. Lottery Retailers; qualifications; restored rights after criminal conviction. Prizes Awarded of $5,000. or More; income tax withholding. Proceeds; allocation; General Appropriations SPY 1994-1995. Proceeds; allocation; Supplemental Appropriations Bill 1993-1994. Proceeds; budget report; additional information required. Proceeds; budget report; list of requests for appropriations. Proceeds; corporation to transfer monthly to general fund; reports. Proceeds; program, projects started; use of general funds restricted. Proceeds; redefine purposes; computer training for teachers. Proceeds; scholarship program; maintain shortfall reserve subaccount. Proceeds; shortfall reserve subaccount; deposit of funds.

SB 596 SR 134 SB 513 HB 1326 SB 100 SB 430
HB 1362 HB 1368
SR 91 HB 1503 HB 1379 HB 1369 HB 1375 HB 1296
SB 595 SB 593 SB 594 SB 710 SB 453 SB 711 SB 452

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2470

JOURNAL OF THE SENATE

LOTTERY FOR EDUCATION ACT (Continued)

Purposes; continuing education services to disabled persons. ............... .SB 437

Purposes; special education voluntary pre-kindergarten programs.

SB 715

LOVETT SCHOOL WRESTLING TEAM; commend....................... SR 602

LOWNDES COUNTY Board of Commissioners; election districts; composition; terms. Board of Elections and Registration; creation.

HB 1851 HB 1849

LUCAS, PATRICK, NATIONAL 4-H CHAMPION; commend.

SR 418

LUDOWICI, CITY OF; municipal court; creation.

HB 1737

LUDWIG, SHIRLEY; commend. ........................................... SR 647

LULA, CITY OF; new charter; incorporation, boundary; powers.

HB 1109

LUMPKIN COUNTY; property conveyance; Blackburn Park; Indian cemetery.......................................................... HR 966

M

MACON, CITY OF

Corporate Limits; change. ............................................... HB 1898

Georgia Sports Hall of Fame Facility; creation; site selection.

HB 1187

Macon Cherry Blossom Festival Organizers; commend.

SR 542

State's Next Major Airport; urge centrally located to Macon.

SR 579

Water Authority-Employee's Pension Plan; change provisions.

SB 386

MADISON COUNTY Board of Commissioners; composition; voter referendum proposals. Board of Commissioners; federal community development block grants.

HB 1926 HB 1660

MADISON, HENRY ROGER; condolences. ................................. SR 638

MADISON-MORGAN COUNTY CHAMBER OF COMMERCE AGRIBUSINESS Committee; commend. ..........................

SR 588

MAGISTRATE COURTS

Bad Check Prosecutions; misdemeanor violation; practices, procedures.

HB 326

Civil Proceedings; judgments; deferred partial payments.

SB 393

Commend. ............................................................... SR 590

Indigent Defense; state funded programs; counsel in certain cases.

HB 1254

Jurisdiction; misdemeanor cases involving marijuana possession.

SB 576

Prosecution; county loitering ordinance; arrest of accused.

HB 1531

M ALONE, JEFF; commend................................................. SR 630

MALPRACTICE (See Medical Malpractice or Physicians)

MANUFACTURED HOUSING Certificates of Title; application content; certified tax payment. Mobile Homes; location permits; moving without ad valorem tax decals.

HB 1233 SB 209

MANUFACTURERS Business Expansion Support Act; tax credits; jobs and investments. Manufacturing Plants; electricity, machinery; sales tax exemption. Prescription Drugs; anticompetitive price controls prohibited.

HB 1527 HB 1527
SB 522

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INDEX

2471

MAPS, PLATS Georgia Coordinate System; Atlas; computerized version; Interactive Atlas of Georgia; commend. Georgia Coordinate System; Land Surveyors; recording of maps, plats; specifications; standards.

SR 559 HB 1458

MARIETTA, CITY OF Board of Lights and Waterworks; officers; manager; utility functions. City Council; membership; composition; mayor pro tem. Cobb County-Marietta Water Authority; membership; qualifications. Corporate Limits; deannex and exclude certain property. Corporate Limits; deannex certain area.

SB 667 SB 665 SB 664 HB 1938 HB 1928

MARIJUANA Persons under the influence; unlawful possession of firearms. Possession; one ounce or less; arrests; fingerprinting; prosecution. Workers' Compensation; benefit; grounds for denial; drug use tests.

SB 121 SB 576 SB 545

MARINE CORPS COMMANDANT GENERAL CARL MUNDY; introduced, remarks Page 786

MARION COUNTY Buena Vista, Marion County; Entertainment Capital of SW; recognize. Official Chicken Cookin' Championship; Southern Foods Festival.

SR 528 SR 529

MARIST SCHOOL'S BASKETBALL TEAM; commend.

SR 657

MARITIME TRADE CENTER; Chatham County; publicly financed project. SB 415

MARRIAGE Common-law Marriages; invalid to enter into after certain date. Covenant Marriage Which May Not Be Dissolved; provide for.

SB 36 SB 605

MARTA
Board of Directors; terms; successor appointments; quorum; contracts; personal liability of security officers.
Gregor, Kenneth M., MARTA Chief Executive Officer; commend. MARTA Overview Committee; extend to July 1, 1998; joint resolution. Operating Costs; use of interest earned on certain reserve funds.

HB 1452
SR 505 HR 215 HB 1451

MARTIN, KARA; commend. ............................................... SR 493

MCDUFFIE COUNTY Board of Commissioners; chairperson; compensation. Board of Commissioners; expenditures; annual report; publication of.
Board of Education; expenditures, fees; annual report; publication. Magistrate Court; election of full-time chief magistrate.

HB 1952 HB 1021
HB 1068 HB 1633

MCGREW, EDITH L.; commend. .......................................... SR 664

MCGUIRE, SENATOR PERRY; election certified, committee assignments ......................................................... Pages 14, 16

MCINTOSH COUNTY Board of Commissioners; members; 4-year terms; referendum. Board of Commissioners; 4-year term of office; qualifications.
Property Conveyance; Georgia Power Company; power line easement. Sheriff; salary; expense allowance; additional deputies. Tax Commissioner; compensation and fees; personnel.

SB 687 HB 2021
SR 463 HB 2040 HB 2041

MCKIBBEN, RAY, MEDAL OF HONOR HIGHWAY; designate in Haralson County. ............................................ HR 730

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2472

JOURNAL OF THE SENATE

MCKINNEY, JAMES E. (BILLY)

Designate Bridge to Honor; Bankhead Highway in Fulton County. ............ SR 628

Designate; James E. "Billy" McKinney Bridge on Bankhead Highway.

HR 925

MCKOIN, CHARLES AND JEAN; 50th Wedding Anniversary; congratulate. ............................................................. SR 660

MEDICAID (Also See Public Assistance) AFDC Recipients; private health insurance; public financed vouchers. Applicants, Recipients, Providers; contested cases; agency review. Recipients; residents of long-term care; personal needs allowance. Recipients; Work for Welfare Program; participation requirements.

SB 208 SB 509 SB 552 .SB 464

MEDICAL EXAMINERS, CORONERS (Also See Public Officers) Coroner's Training Council; approve, certify annual training. Death Investigations; access to mental health clinical records.
Death of Person Admitted Hospital in Unconscious State; reporting. Duties; deaths of children; report to child abuse protocol committee. Human Body Parts; unauthorized removal or dismemberment; penalties. Pronouncement of Death by a Coroner or Deputy Coroner; conditions.

HB 1256 HB 1405
SB 99 SB 492 HB 686 SB 446

MEDICAL MALPRACTICE

Civil Actions; failure to file affidavits; dismissal of complaint. ................. SB 398

State Courts; civil actions; demand for trial by jury.

SB 62

MEDICAL PRACTICE (Also See Physicians or Professions and Businesses)

Chiropractors; scope of practice; licensure; disciplinary sanctions.

SB 519

Clinical Laboratories; billing practices; forms for ordering tests.

SB 345

Contracts, Agreements; cooperative services; public advantage.

HB 1825

Contracts, Agreements; joint ventures; cooperative health services.

.SB 673

Dentists and Dental Hygienists; licensure; new board to regulate.

SB 305

Emergency Medical Technicians; obstruct or hinder duties; penalties.

HB 659

Health Care Access; committee to study convening conference to study........ HR 242

Health Care Professionals; dietetic, nutrition counselors; licensure............... SB 20

Health Care Providers; participation, GRIP Reform Insurance Plan. ........... SB 226

Health Care Reform/Managed Care Conference; feasibility study.

SR 557

Health Care Reform/Managed Care Conference; steering committee.

HR 875

Hospital Authorities; privately leased floor space; ad valorem tax.

HB 674

Human Body Parts; unauthorized removal or dismemberment; penalties.

HB 686

Indigent Patients; hospital emergency care; standards; cost of care.

SB 331

Medical Expenses; contributions by individuals into special account.

SB 161

Nurses; psychiatric/mental health clinical specialists; evaluations.

SB 312

Nurses; public health nurses; service cancelable educational loans.

HB 1103

Olympic Games 1996; credentialed staff; medical services.

SB 414

Optometrists; certification; use of pharmaceutical agents.

HB 1666

Optometrists; use of pharmaceutical agents; treatment of

glaucoma; prohibit use nondiagnostic lasers.

SB 199

Orders to Withhold Cardiopulmonary Resuscitation; clarify procedures.

SB 580

Orders to Withhold Cardiopulmonary Resuscitation; effectiveness of. ........ HB 1450

Patient Freedom of Choice to Select Physician Under Insurance Plans.

SB 625

Patient Referrals; investment restrictions; certain health services.

SB 565

Patient Referrals; physicians; financial interest restrictions.

SB 281

Patient Referrals; provider conflict of interest; cross-referral

arrangements; unnecessary tests. ......................................... SB 236

Patient's Medical Records; charges for copying; cap on fees.

SB 318

Patients-Pharmacists Privilege; disclosure of records; evidence.

HB 510

Pharmacists; dispensing dangerous drugs to EMS providers.

SB 241

Pharmacy, State Board; repeal rule relating to patient counseling.

SB 332

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INDEX

2473

MEDICAL PRACTICE (Continued)

Physicians; examine personal care home residents; restraint orders. .SB 169

Physicians or Managed Care Providers; selection; workers' compensation. HB 1505

Podiatric Medicine; enact Georgia Podiatry Practice Act.

HB 408

Psychiatric, Mental Health Professionals; privileged communications.

HB 194

Rural Community Hospitals; acute care status; licensing; staffing.

SB 334

Rural Physicians; health manpower shortage areas; income tax credit.

SB 714

Suicide Assisted Deaths; prohibited acts; felony penalty.

HB 415

Telemedicine Network; disbursements from Universal Service Fund. .......... HB 676

Treatment of Mental Disorders; health insurance coverage. ................... SB 293

Treatment of Temporomandibular Joint Disfunction; insurance coverage.

SB 170

Workers' Compensation; injured workers; treating physicians; tests.

SB 300

MEDICARE; Acute and Emergency Care Services; rural community hospitals. SB 334

MENTAL HEALTH

Alcoholic Persons; continuum treatment; chapter repealed.

SB 511

Alcoholic Treatment Centers; alcoholic beverage sales near centers.

SB 301

Alcoholics and Drug Users; issues of hospitalization; petition fees.

HB 1281

Alcoholics, Drug Users; clinical records; release; certain entities.

HB 1405

Alcoholism; continuum treatment; chapter repealed. .......................... SB 603

Central State Hospital Water Treatment Facility; conveyance of title.

SR 547

Children at Risk; delinquency; multiagency intervention; agreements.

.SB 560

Code Revision; Title 37; correct errors and omissions.

HB 1208

Community Service Boards; counselors; license exemption.

SB 434

Community Service Boards; employees; unemployment, workers' compensation;

commercial fidelity bonds; indemnification; insuring; tort claims. .......... HB 1921

Counselors Providing Rehabilitation Services; license requirements. ............ SB 642

Counselors Treating Chemical Addiction; licensure; exemption.

HB 1330

Delivery of Disability Services; reorganization; coordination between regional

and community boards; public and private providers.

SB 49

Delivery of Services; final report of State Commission on Mental Health,

Mental Retardation and Substance Abuse; abolition date.

SB 511

Federal Community Development Block Grant Funds; additional purposes. SB 570

Health Insurance Coverage; medical treatment of disorders.................... SB 293

Incapacitated Adults; documents served by Probate Court actions. ............ HB 71

Nurses; psychiatric/mental health clinical specialists; evaluations.

SB 312

Patients; clinical record; release certain entities; appeal right.

HB 1405

Patients or Clients; transportation services; restraint measures................. SB 443

Persons Ineligible Purchase Firearms Based on GBI Background Check.

SB 12

Persons Taken Custody; AIDS confidential information; disclosure.

HB 1186

Privileged Communications; confidentiality of clients or patients.

HB 194

Psychologist; employee of Community Service Board; exempt licensure.

SB 512

Regional or Community Service Boards; powers; functions; contracts.

SB 603

Regional or Community Service Boards; powers; functions; membership;

personnel; contracts with county boards of health.

SB 511

Rehabilitation Programs; contracts between agencies, state employees.

SB 159

School Health Services for Students; cooperative programs.

SB 690

MERIT SYSTEM Employees; agency hearing officers; transfer positions to Office of State Administrative Hearings. Employees; Mental Health Community Service Boards; rights, benefits. Employees; mental health community service boards; rights, benefits. Employees; sick leave; utilization; affidavit of illness; reports. Employees; transfers to new Division of Energy Resources.

HB 1443 SB 511 SB 603 SB 53
HB 1263

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2474

JOURNAL OF THE SENATE

MERIT SYSTEM (Continued) Employees; work force; formulation of multiyear downsizing plans. State Employees; voluntary charitable deductions; change definition. State Employees; voluntary payroll deductions; not-for-profit professional development organizations. State Productivity Council; quality improvement; cash award program.

SR 9 HB 1439
HB 1455 HB 1551

MERRITT, LAURA; Miss Cobb County; commend. .......................... SR 449

METROPOLITAN AREA PLANNING AND DEVELOPMENT (See Development Authorities or Authorities)

MIDDLE JUDICIAL CIRCUIT; Superior Court; judges; payment of expenses; Candler, Emanuel, Jefferson, Toombs, Washington Counties.

HB 1988

MIDTOWN; Neighborhood Day at State Capitol; proclaim.

SR 20

MIDWAY, TOWN OF Change corporate boundaries. ............................................ HB 1593 Joint City-County Fire Protection Authority; creation....................... HB 1894

MIGRANT AND SEASONAL FARM WORKERS

Committee to Study Access to Health Care. ................................. SR 336

Educational Programs; migrant students; grant funds for schools.

SB 647

Educational Services; migrant students; grant funds for schools.

HB 492

MILITARY AFFAIRS (Also See Veterans.)

Congress; urge preserve ban on homosexuals serving in armed forces.

SR 195

Employees' Retirement System; service credit; military reservists.

HB 158

Employees' Retirement System; service credit; WW II military service.

SB 255

Handicapped Parking Privileges; veterans awarded the Purple Heart.

SB 401

License Plates; special; commanders of certain veterans' organizations;

persons serving armed forces in certain wars. .............................. SB 547

License Plates; special; commanders of veterans' organizations. .............. HB 1601

License Plates; special; disabled veterans; free plates, decals.

SB 242

License Plates; special; free; National Guard or reservist retirees............... SB 528

License Plates; special; one free plate; national guard retirees.

HB 1221

License Plates; special; retired military reservists. ............................ SB 357

License Plates; special; retired veterans of U.S. armed forces. ................. SB 367

License Plates; special; surviving spouse of deceased veterans.

HB 1340

License Plates; special; survivors of Pearl Harbor.

HB 1265

National Guard; call for active duty; declared emergencies. ................. HB 1600

State Defense Force; functions; emergency management operations.

SB 368

World War II Veterans; honoring; authorize study for a monument.

HR 815

World War II Veterans; honoring 50th Anniversary of war years.

SR 608

MILLEDGEVILLE, CITY OF

Property Conveyance; Central State Hospital Water Treatment Facility.

SR 547

Property Conveyance; water distribution line; easement granted. .............. SR 467

MILLEN, CITY OF; reverting certain property back to state deeded 1975...................................................... HR 823

MILLER COUNTY Property Conveyance; easement to BellSouth Telecommunications, Inc. Swamp Gravy Catalyst Project; designate as Official Folklife Play.

SR 467 HR 791

MINORITIES

Commission on Minority Health Improvement. .............................. SR 391

Georgia Black History Month; designate month of February.

SB 589

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INDEX

2475

MINORITIES (Continued)

Limited-English Speaking Residents; prohibit discrimination. ................. SB 127

Minority Business Enterprise Development; redefine eligible persons.

.SB 291

Racial or Ethnic Data; public documents; multiracial classification. ............ SB 149

State Contracts; disparity in participation; directing study of.

SR 146

State Contracts; minority business participation; bid opportunities.

SB 207

State Contracts; minority business participation; bids. ........................ SB 134

MINORS

Adoption; male child; name change; cessation of family surname. .............. SB 672

AFDC; extend eligibility age; nonsupporting parent, Work for Welfare.

SB 464

AFDC; teenage recipients; require attend school; LEARNFARE program.

SB 407

At-risk Students; academic deficiencies; new summer school program.

HB 1130

Boat Safety Act; operation restrictions; minimum age; towing limits.

SB 601

Child Abuse and Neglect Prevention; state trust fund; disbursements.

SB 493

Child Abuse Cases; coordination of agencies; establishment of judicial

circuit protocol and committees........................................... SB 492

Child Abuse Central Registry; investigations; substantiated report.

HB 1351

Child Abuse Investigations; suspected abuser; criminal records check.

SB 468

Child Abuse; suspected cases; removal, placement of child; custody.

SB 470

Child Care Facilities; smoking prohibited; post no-smoking signs.

SB 471

Child Molestation; persons convicted of; sentencing and punishment.

SB 441

Child Molestation; persons convicted; restrict granting of parole. ............... SR 99

Child-placing Agencies; adoptive, foster parents; preplacement.

SB 442

Child Support; amounts recovered by DHR; payment of court costs.

SB 268

Child Support; computation of awards based on parent's net income.

HB 642

Child Support; financial assistance to age 22 to complete education.

SB 480

Child Support; noncomplying parent; business license sanctions.

SB 411

Child Support; paternity proceedings; evidence; liability of father.

SB 555

Crime-free Schools; students arrested drugs or violence; suspension.

SB 701

Crimes Against Children; family violence; law enforcement training.

SB 494

Deaths of Children; report, review; child abuse protocol committee.

SB 492

Delinquency Hearings Involving a Felony; records; notice to school.

SB 461

Delinquent Children; probation condition; serve in boot camp program.

SB 150

Domestic Relations Actions Involving Children; seminar for parents.

SB 63

Domestic Relations Actions; standing orders restraining parties.

HB 679

Driver's License; DUI violations; .04 blood-alcohol; penalties.

SB 418

Driver's License; DUI with .02 grams of alcohol; 6-month suspension.

SB 674

Driver's License; expiration and renewal; valid until age 21.................... SB 507

Driver's License; instruction permits; redefine resident. ....................... SB 518

Driver's License; suspension; conviction of drug-related crimes.

HB 1000

Driver's License; suspension; nonissuance for delinquent acts.

SB 440

Driver's License; suspension; one year for DUI violations.

SB 406

Driving Privileges Revoked; failure attend school or deficiencies.

SB 198

Driving Privileges; suspension; failure attend school, academic

requirements; hardship waiver; remediation programs.

SB 168

DUI Violation; .02 blood-alcohol; nolo contendere plea unacceptable.

SB 419

Education; academic Olympic Challenge; urge in public schools.

SR 189

Education; statewide goals, academic achievements by the year 2000.

SB 43

Educational Programs; student assessment; disclosure of results. ............... SB 59

Family Court Division Within Each Superior Court; creation.

SB 376

Firearms; pistol, revolvers; illegal possession; person under age 18.

SB 440

Firearms Protection for Minors Act; offense of criminal storage.

SB 477

Firearms Protection for Minors; negligent storage of loaded guns.

SB 68

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2476

JOURNAL OF THE SENATE

MINORS (Continued)

Firearms Protection for Minors; unsafe storage of loaded guns

causing death or injury; penalties; statewide referendum. ............... .SB 360

Firearms, Weapons; possession on school property; seizure; felony.

SB 510

Foster Care Placement; access to records, reports of child abuse.

HB 1322

Grandparents; visitation rights issue; dispute resolution procedure. ............ SB 686

Guardians; appointment; jurisdiction of probate court; bonds.

SB 538

Health Hazards of Lead-based Paint and Dust; committee to study.

SR 136

Home Study Programs; grandparents; authority to teach grandchildren.

SB 681

Juvenile Detention; unruly child; students habitually disobedient.

SB 558

Juvenile Law Enforcement Records; disclosure to school personnel. ............ SB 122

Juvenile Offenders; AIDS transmitting crimes; disposition; HIV tests. .......... SB 632

Juveniles Committing Certain Crimes; courts notify school officials.

SB 132

Juveniles in State Custody; placement in private homes; assess risk.

SB 548

Juveniles; solicitation of a minor to commit felony; penalties. ................. SB 556

Kindergarten or First Grade; request for enrollment at age 5. ................. SB 577

Libraries or Media Centers; determining books harmful to minors.

HB 1950

Lottery Game Retailers; penalties for sales to minors. ...................... HB 1503

Medical Records; pharmacist-patient privileged information; evidence. ........ HB 510

Offense of Endangering a Child by Driving DUI; felony penalty.

SB 614

Offense of Endangering a Child; DUI alcohol or drugs; sentencing. ............ SB 418

Offenses Contributing to Delinquency of a Minor; hiring, soliciting,

providing weapons to commit violent crime; felony penalty. ................ HB 533

Paternity; actions to establish; evidence; genetic test results. .................. SB 148

Paternity Proceedings; genetic tests; presumption of nonpaternity.

SB 397

Petition for Name Change; when consent of parent not required............... SB 433

Probate Court Actions; serving documents; person's legal guardian. ............ HB 71

Public Assistance; eligibility; teenagers; school attendance required.

SB 66

Reward Payments; furnishing information leading to drug convictions.

SB 237

Safety Seat Belts; required use in pickup trucks. .......................... HB 1486

School Attendance; mandatory to age 18 years; applicable school year.

SB 72

School Breakfast Programs for Students; establishment. .................... HB 1557

School Choice; private school tuition grants; joint study committee.

SR 373

School Curriculum; foundation of core knowledge; committee to study.

SR 388

School Discipline; student behavioral problems; procedure to correct.

SB 395

School Health Services Act; assessments and screenings; plans. ................. SB 46

Seat Safety Belts; child passengers under age 16; requirements.

SB 6

Sex Education, AIDS Prevention Instruction; requirement, restriction. ......... SB 246

Sex Education and AIDS Prevention Course Materials; parental rights. ........ SB 274

Sex Education and AIDS Prevention Instruction in Public Schools.............. SB 37

Sex Education; divided classes; curriculum; parental review, consent.

SB 292

Sex Offenders of Minor-age Victims; parole; register residency.

HB 1229

Sex Offenders; release from prison; register with county sheriff.

SB 399

Sexual Offenses Against Victims Under Age of 16 Years; definitions............ SB 557

Tattoo Artists; unlawful tattoo minor under age 18; penalties.................. SB 517

MISDEMEANOR OFFENSES (Also See Crimes)

Boat Safety Violations; probate court jurisdiction.

SB 448

Court Reporters; misdemeanor penalties for violations.

HB 1321

Criminal Procedure; evidence; discovery and inspection; witnesses.

HB 828

Escape, Offense of; persons convicted; change penalties. .................... HB 1403

Marijuana; unlawful possession of one ounce or less; prosecution.

SB 576

Smoking in Certain Child Care Facilities Prohibited; penalties.

HB 1358

MITCHELL, COMMANDER GLENN E.; honoring.

SR 507

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INDEX

2477

MITCHELL COUNTY State Court; judge, solicitor; change compensation. Superior Court; South Georgia Judicial Circuit; change terms.

HB 1577 HB 1311

MITCHELL, DARRION; Transit Bus Operators' Roadeo Winner; commend. SR 438

MITCHELL, LAWRENCE E.; commend. ................................... SR 570

MOBILE HOMES (See Buildings and Housing)

MOLENA, CITY OF; mayor and councilmembers; two-year terms............ HB 2030

MONROE, CITY OF

City Administrator; appointment; duties.

HB 1889

Water, Light and Gas Commission; membership............................ HB 1888

MORGAN, BARTOW, III; regrets at passing. ............................... SR 642

MORGAN, JO OF VALDOSTA; commend.

SR 533

MORRIS, CHARLES ERNEST, JR.; commend.

SR 523

MORROW, CITY OF; ad valorem taxes; grant $8,000 homestead exemption. SB 703

MORTGAGES (Also See Property)

Condominiums; instruments; unit owners; liability for common expenses....... HB 572

Lenders, Brokers; licensing; loan transactions, disclosure and fees.

HB 1636

Loans or Advance of Money; interest, fees; maximum rate allowed. ............ SB 313

Loans; residential mortgage lenders; licensees; prohibited actions............... SB 106

Loans Secured by Residential Property; interest rate, fees; regulate.

SB 105

Property Conveyances; estates; alienability of future interests.

HB 1420

Secured Interests; security deeds; cancellation; reversion of title.

HB 1567

MOTOR FUEL AND ROAD TAX

Excise Taxes; sales of compressed natural gas; measure by gallon.

SB 141

Nonhighway Use Exemption Certificates; false claims. ...................... HB 1517

Revenues; additional purposes; rapid transit; passenger railroads.

SR 382

MOTOR VEHICLES AND TRAFFIC

Abandoned; derelict vehicles left unattended; removal procedures.

SB 340

Abandoned Vehicles; removal, storage fees; lien foreclosure; affidavit filing fee. HB 321

Accident Reports, Claims Filed After Six Months. ......................... HB 1653

Alcoholic Beverages; open containers; driver subject BAG testing.

SB 549

Alcoholic Beverages; open containers; driver subject BAG testing.

SB 562

Alcoholic Beverages; open containers; possession by passengers.

SB 128

Ambulance Services; license requirements; invalid car or operator.

HB 1426

Ambulances; exclusion to motor common carrier regulations, Title 46.

HB 391

Auto Emission Inspection; display of stickers; delete requirements.

SB 463

Automobile Repair Shops; commission to study certification, licensing.

SR 93

Buses for Hire; small capacity; exemption as motor contract carrier.

HB 1783

Buses, Vans; passenger vehicles; revise definition.

SB 80

Carjacking, Offense of; felony penalties.

SB 478

Carjacking, Offense of; felony penalties.

SB 491

Carjacking; offenses involving theft; designated felony; penalties.

SB 288

Casual Sales of Vehicles; sales taxes collected; claims for refund.

SB 428

Certificate of Title; exemption; certain older model vehicles.

SB 445

Certificate of Title; perfection of security interest; method, time.

HB 1235

Certificate of Title; transfer fees; exempt certain senior citizens.

SB 400

Certificates of Title; mobile or manufactured homes. ....................... HB 1233

Code Revision; Title 40; correct errors and omissions. ...................... HB 1208

Commercial Drivers; serious traffic violations; tank vehicles.

HB 1376

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2478

JOURNAL OF THE SENATE

MOTOR VEHICLES AND TRAFFIC (Continued)

Drive-by Shooting, Offense of; discharging firearms; penalties.................. SB 479

Drive-by Shootings; offense of aggravated assault; penalties.

HB 1198

Driver Improvement Act; authority of Human Resources Department. ....... HB 1399

Driver Training Vehicles; in-car trainees, eyesight tests, license

exemption; required equipment. .......................................... SB 245

Driver's License; applicants donating anatomical gift; fees reduced. .......... HB 1547

Driver's License Applicants; voter registration procedures, forms. ............ HB 1429

Driver's License; commercial vehicle operator; DUI disqualification............. SB 418

Driver's License; commercial vehicles; operating without a license. .............. SB 52

Driver's License; DUI violations; prohibit certain pretrial actions.

SB 422

Driver's License; DUI violations; prosecution; jury trial waived. ............... SB 421

Driver's License; issuance; applicant acknowledges DUI penalties.

SB 402

Driver's License; issuance; expiration date for minors.

SB 507

Driver's License; minors; DUI violation; .02 blood-alcohol; penalty.

SB 419

Driver's License; minors; DUI violation; .04 blood-alcohol; penalty.

SB 418

Driver's License; minors; revocation; failure attend school or

academic deficiencies. ................................................... SB 198

Driver's License; minors; suspension; failure attend school or

job training program; remediation programs................................ SB 168

Driver's License; offices of examiners; voter registration places. ................ SB 131

Driver's License; permits, temporary licenses; resident defined.

SB 518

Driver's License; probationary; DUI habitual violators; conditions.

HB 1471

Driver's License; replacement due to change of name or address. ............ HB 1283

Driver's License; replacement; name or address change; exempt fee.

SB 416

Driver's License; revocation; DUI offenders; reinstate conditions. .............. SB 307

Driver's License; revocation; persons deemed incompetent; hearings. ........... HB 22

Driver's License; spouses of veterans; issuance of honorary license.

SB 242

Driver's License; suspension; administration of blood-alcohol test.

SB 459

Driver's License; suspension; alcohol concentration .02; minors.

SB 674

Driver's License; suspension; conviction of drug-related offenses.

HB 1000

Driver's License; suspension; DUI; first violation; time period.

SB 27

Driver's License; suspension; DUI offenders; mandatory punishment.

SB 475

Driver's License; suspension; DUI offenses; hearings; restrict nolo

contendere pleas; prior arrests; validity of testing machines.................. SB 418

Driver's License; suspension; DUI; proof of complying court order.

SB 574

Driver's License; suspension; DUI; proof of complying court order.

HB 1916

Driver's License; suspension; eliminate nolo contendere pleas. ................. SB 417

Driver's License; suspension; mandatory; certain habitual violators.

SB 123

Driver's License; violation points; DUI; nolo contendere plea. ................. SB 423

DUI; alcohol concentration of .02 grams; drivers under age 21. ................ SB 674

DUI Alcohol or Drugs; offense of endangering child; felony penalty.

SB 614

DUI Alcohol or Drugs; offense of endangering child; sentencing.

SB 418

DUI Alcohol/Drug Use Risk Reduction Programs; criteria; bonds; fees.

HB 1399

DUI; blood-alcohol measured .04 or .10 grams; license suspension. ............. SB 418

DUI; blood-alcohol testing of driver; open container in vehicle.

SB 562

DUI; chemical test for blood alcohol; arresting officer duties.

SB 163

DUI Chemical Test for Blood-Alcohol; duty of arresting officer.

SB 459

DUI Chemical Testing Machines; validity; good working order; permits.

SB 418

DUI Conviction; mandatory sentences; vehicle forfeiture; counseling............ SB 475

DUI; criminal penalties; fines, imprisonment, community service.

SB 418

DUI; criminally injurious conduct; victim compensation.

HB 690

DUI; driver improvement clinics; alcohol or drug use reduction

programs; use of courthouse space. ....................................... SB 109

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INDEX

2479

MOTOR VEHICLES AND TRAFFIC (Continued)

DUI; driver's license violation points; nolo contendere pleas. .................. SB 423

DUI; minors; .02 blood-alcohol; nolo contendere plea unacceptable.

SB 419

DUI Offenders; license reinstatement; drug use reduction program. ............ SB 307

DUI; open container of alcohol in vehicle; driver subject BAG tests.

SB 549

DUI Prosecutions; analysis of blood or urine; authorize GBI labs..

HB 838

DUI Resulting in Vehicular Homicide; increase imprisonment penalty.

SB 520

DUI Resulting in Vehicular Homicide; where bailable; jail detention.

SB 404

DUI; third or subsequent conviction; publish name in newspaper.

SB 119

DUI; traffic conviction records; transmit copy to insurance company.

SB 420

DUI Violations; nolo contendere plea; order to attend certain course;

proof of compliance; accident information; signals to stop.

SB 574

DUI Violations; prohibit dismiss charges, plea to a lesser offense.

SB 422

DUI Violations; prosecution; waiver of jury trial; disposition.

SB 421

DUI Violations; 3rd offense; publication of notice of conviction.

SB 418

DUI Violators; eliminate nolo contendere pleas to keep licenses.

SB 417

DUI Violators; minimum mandatory sentences; vehicle forfeiture.

SB 403

DUI Violators; teenage drivers; driver's license suspended one year.

SB 406

Emissions Inspections; centralized testing; urge EPA delay program.

SR 473

Emissions Inspections; private testing facilities; opposing closure.

HR 727

Equipment; amber marker reflectors; pulpwood and pole trailers.

HB 391

Equipment; child passenger restraining devices, seat belts. ...................... SB 6

Glass Replacement Businesses; provide insured certain information.

SB 47

Handicapped Parking; enforcement monitors; unlawful interference.

SB 462

Handicapped Parking Privileges; veterans awarded the Purple Heart.

SB 401

Highways; vehicle weight requirements; repositioning of the load................ SB 38

Hijacking a Motor Vehicle by Force or Violence; felony penalty. ............ HB 1080

Illegally Parked Vehicles; Georgia Ports Authority properties. ............... HB 1136

Insurance; accident claims; insurers failure to pay benefits.

SB 56

Insurance; accidents; subrogation for medical benefits; prohibitions.............. SB 84

Insurance; cancellation; nonpayment of premium; dishonored checks.

HB 1308

Insurance; claims covered by two carriers; limited release of settling carrier. HB 471

Insurance; driver's operating record; electronic transmittal.

SB 613

Insurance; driving without proof of insurance; subsequent violations.

SB 579

Insurance; liability for damages, injury; metered vehicles for hire.

SB 504

Insurance; liability; raise minimum amount required. .......................... SB 34

Insurance; liability; taxicabs; self-insurers' financial requirement.

SB 505

Insurance; traffic accidents; information exchanged between parties. ........... SB 574

Insurers; claims; prohibit require use certain repair facility. .................... SB 47

Insurers; motor vehicle; cancellation of coverage; notice procedures.

SB 578

License Plates, Decals, Certificate of Title; replacement fees.

HB 1223

License Plates; permanent registration; trailers; vehicles for hire.

HB 1342

License Plates; special; commanders of certain veterans' organizations;

commemorating service in U.S. armed forces; disabled persons.

SB 547

License Plates; special; commanders of veterans' organizations.

HB 1601

License Plates; special; disabled persons; proof of impairment.

HB 1550

License Plates; special; disabled war veterans; free plates, decals.

SB 242

License Plates; special; firefighters; repeal additional fees.

HB 1266

License Plates; special; issuance; retired military reservists. ................... SB 357

License Plates; special; National Guard or armed forces reservist;

retention after retirement. ............................................... SB 528

License Plates; special; one free plate; national guard retirees;

amateur radio operators.

HB 1221

License Plates; special or distinctive; repeal additional fees.

SB 138

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2480

JOURNAL OF THE SENATE

MOTOR VEHICLES AND TRAFFIC (Continued)

License Plates; special; retired veterans of U.S. armed forces. ................. SB 367

License Plates; special; surviving spouse of deceased veterans.

HB 1340

License Plates; special; survivors of Pearl Harbor........................... HB 1265

Licensing, Registration, Titling; modernize using electronic format.

.SB 518

Liens on Vehicles; invalid security interests; rental transactions................ SB 514

Limousine Carriers; registration; equipment; insurance; permits.

SB 317

Motor Vehicle Insurers; first party medical benefits not subrogated.

SB 187

Motor Vehicles, Motorcycles; driving without proof of insurance.

SB 579

Off-road Equipment Used in Timber Production; sales tax exemption.

HB 1762

Radar Speed Detection; use of devices on hills; admissible evidence.

.SB 116

Registration and Licensing; method, manner and timing. ................... HB 1235

Ride-sharing; commuters; state employees; car-pools, flex-time plans.

SB 124

School Bus Drivers; random drug testing. ................................... SB 107

School Buses; equipment on new buses; seat safety belts required.............. SB 447

School Buses; random testing of drivers for alcohol or drug use............... HB 372

Seat Safety Belts; child passengers under age 16; requirements. ................. SB 6

Seatbelts; safety restraints for minors; pickup trucks requirements.

... HB 1486

Speed Restriction Zones; street or highway construction; work sites.

SB 487

Taxicabs; liability; accidents; damages; metered vehicles for hire. .............. SB 504

Taxicabs; liability insurance; self-insurers; financial requirements. ............. SB 505

Traffic Accidents; information to be exchanged between parties................ SB 574

Traffic Accidents; reporting property damage; investigations. ................ HB 1387

Traffic Accidents; reports; local law enforcement requirements.

HB 1386

Traffic Offenses, Accidents; police stop signals. ............................ HB 1916

Traffic Regulations; failure to stop when signaled by police officer. ............ SB 574

Traffic Safety; school crossing guards; duty of county to provide. .............. SB 722

Traffic Violations; prosecution in City Court of Atlanta; repeal. ............. HB 1872

Traffic Violations; use of videotapes made by officers as proof.

HB 1228

Trucks; pickup trucks; seatbelt safety restraints for minors.................. HB 1486

Used Car Dealers and Used Motor Vehicle Parts; combined state board. . . . . . HB 1390

Van Pools; exclusion; motor common carrier regulations in Title 46. .......... HB 391

Vehicles Engaged Municipal Waste Collection; stopping on roads.

HB 879

Vehicular Homicide Resulting From DUI; increase imprisonment penalty.

SB 520

MOTOR VOTER BILLS Voter Registration; designated agencies; driver's license offices. .............. HB 1429 Voter Registration; Public Safety driver's license examiner offices. ............. SB 131

MOTORCYCLES

Insurance Requirements; subsequent violations; file notice with PSD. .......... SB 579

Motorcycle Awareness and You Month in May; recognizing.

SR 450

MOUNT ZION, CITY OF; mayor and council; four-year staggered terms. HB 1975

MUNDY, GENERAL CARL E., JR.; commend.

SR 518

MUNGUIA, VALERIA; commend. ....................... SR 667

MUNICIPALITIES (Also See Local Government)

Ad Valorem; enterprise zones; different tax treatment upon approval.

SR 206

Ad Valorem; enterprise zones; exempt property located within.

SB 166

Ad Valorem; sharing tax proceeds; economic development facilities.

SR 203

Alcoholic Beverages; sales on Sundays for consumption on premises.

SB 314

Annexation; property formerly in created industrial area.

SR 509

Businesses Subject Occupation Taxes, Fees; clarify exclusions. .............. HB 1613

Contracting Powers; federal community development block grant funds.

SB 570

Contracts; World Congress Center projects; discontinued projects.

SB 569

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INDEX

2481

MUNICIPALITIES (Continued)

Contractural Indebtedness; use of COPS/certificate of participation. ........... SR 385

Corporate Limits; deannexation method; procedures.

HB 1544

Costs of New Programs or Services Imposed by State; limitations.

SR 148

Downtown Area Developments; business recruitment; barriers; study of......... SR 636

Downtown Development Authorities; directors; change length of term.

HB 1179

Elections; campaign financing; lobbyist expenditures; disclosure.

SB 657

Elections; candidates; qualifications; notices; withdrawn candidates.

HB 297

Elections; eligibility of officials, voter registrars, deputies; registration

cards; challenges of electors; absentee ballots.............................. HB 295

Elections; influencing proposed ballot question; limit contribution.

HB 1199

Elections; nonpartisan local consolidated government offices. ................ HB 1215

Elections; officers elected six-year term in 1988; expiration date. ............ HB 1192

Elections; poll officers; residency qualifications; appointments................ HB 1422

Elections; polling places; number within each precinct. ....................... SB 496

Elections; special; vacancies in public office; interim appointees.

HB 304

Elections; voter registration system; notice of candidacy; precincts.

SB 639

Elections; voting and registration; conform 1993 federal Act. ................ HB 1429

Elections; voting and registration; officials' qualifications; dates. .............. HB 897

Elections; voting; handicapped access; absentee ballots; poll officials;

poll places; voter lists; school registrars................................... HB 297

Elections; voting precincts; boundary requirements; official maps.

SB 497

Erosion and Sedimentation Act; permit issuance; local program review. ........ SB 608

Financial Audits; reports; expenditure levels; corrective actions. ............. HB 1415

Hotel-Motel Taxes; expending for Aviation Museum and Hall of Fame. ...... HB 1241

Housing Authorities; commissioners; representative elected official. .......... HB 1180

Insurance Premium Tax Proceeds; distribution; updated census data. .......... SB 564

Municipal Court Judges Council of Georgia; creation.

HB 1459

Municipal Courts; judges; attorneys serving part-time.

SB 120

Municipal Courts; jurisdiction; land-disturbing activity violations. ............. SB 608

Municipal Courts; probation fines, costs, restitution; delinquencies.

SB 498

Nude Dance Clubs and Alcoholic Beverage Sales; regulatory ordinances. ...... HR 709

Population Classifications; repeal of obsolete, uncodified Acts.

SB 645

Property Transactions Outside County; federal land; restrictions. ............. HB 715

Residential Utilities; prior occupant unpaid charges; limited liens.

HB 862

Sales Tax; joint city-county; renegotiated proceeds distribution. ............. HB 1489

State Mandated Programs Necessitating Additional Local Revenue

Expenditure Prohibited; amend Constitution. .............................. SR 383

State Property; costs of supplying services; payments in lieu taxes.

SR 550

State Property; payments by state in lieu of ad valorem taxation.

SB 685

Tax Liens on Property Condemned for Urban Development; setoff award.

HB 989

Transactions Involving Federal Property Located Adjoining County.

SB 668

Unfunded Mandated Expenditures; procedures for General Assembly.

SB 661

Vehicles Used for Waste Collection; stopping on roads; hazard lights.

HB 879

Weapons Used to Commit Crimes Within Jurisdiction; sale proceeds.

HB 1337

MURDER (Also See Crimes)

Adult Violent Felons; no pardon, parole or work release.

SB 483

Contributing to Delinquent Acts of a Minor to Commit a Violent Crime.

HB 533

Crimes Committed by a Juvenile; courts notify school officials.

SB 132

Homicide; suicide assisted deaths; prohibited acts; felony penalty. ............ HB 415

Persons Convicted; imposition of sentence of life without parole.

SR 395

MURRAY COUNTY Board of Commissioners; authority; family support centers.

SB 636

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2482

JOURNAL OF THE SENATE

MURRAY COUNTY (Continued) Designate; T. P. Ramsey Bridge over Rock Creek, State Highway 282. Family Circle Authority; create to address problems of children. Hospital Authority; board; vacancies; manner of filling. Superior Court; Conasauga Circuit; fourth judgeship. Superior Court; Conasauga Judicial Circuit; fourth judgeship. Superior Court; Conasauga Judicial Circuit; fourth judgeship.

SR 453 SB 588 HB 1805 SB 261 SB 450 SB 544

MURRAY COUNTY HIGH SCHOOL STATE WRESTLING CHAMPION; commend. ................................... SR 617

MUSCOGEE COUNTY

Board of Education; rate of tax levy; annual certification date.

HB 1920

Columbus-Muscogee County Consolidated Government; mayor,

council; nonpartisan elections........................................... HB 1807

Retirement System; transferred juvenile probation employees; options.

HB 671

State Court; judges; change compensation.

SB 708

MUSEUMS

Aviation Museum; expending local option hotel-motel taxes. ................ HB 1241

Aviation Museum; urge designate Roy H. (Sonny) Watson Building.

HR 875

Aviation Museum; urge designate Roy H. (Sonny) Watson Building. .......... HR 986

Museum Facilities; authority of World Congress Center. ...................... SB 569

State Museum and Library Facilities; commission to study combining. ........ HR 962

MUSIC INDUSTRY

Georgia Music Hall of Fame Authority; powers; subsidiaries.

SB 525

Georgia Music Hall of Fame Authority; retirement membership............... HB 632

Jazz; designate as official state music during month of February. .............. SR 143

N

NATIONAL GUARD

Armories; facility space for State Defense Force. ............................. SB 368

Call for Active Duty; declared or undeclared emergencies.

HB 1600

Call to Duty; drug enforcement; medically undeserved areas;

military-based youth training. .......................................... HB 1684

Department of Defense Facility; Chattooga County; convey property.

SR 470

Employees' Retirement System; service credit; military reservists.

HB 158

Georgia National Guard Day; declaring February 3, 1994.

SR 439

License Plates; special; one free plate; national guard retirees;

amateur radio operators.

HB 1221

License Plates; special; retain free plates after retirement.

SB 528

License Plates; special; retired reservists.

SB 357

Property Conveyance; Brooks County; National Guard Armory land.

HR 744

NATIONAL GUARD COLOR GUARD; appearance

Page 318

NATIONAL 4-H WINNERS FROM GEORGIA, OBSERVANCE OF 4-H DAY AT Capitol.

SR 417

NATURAL RESOURCES AND CONSERVATION (Also See Game and Fish or Environmental Protection)

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INDEX

2483

Agricultural Exposition Authority; legal actions involving; venue.

HB 1191

Air Pollution; auto emissions; delay centralized test site program. ............ HR 727

Air Pollution; business emission reducing measures; incentive credit.

HR 796

Air Pollution; vehicle emission inspections; displaying of stickers.

SB 463

Asbestos Safety; persons employed by contractors; required training.

SB 135

Bears; permission for killing; property damage; protection by owners.

HB 112

Big Tired Creek Recreation Park; Grady County; deed of conveyance.

HR 1012

Black Rock Mountain State Park; Rabun County; cable television tower.

HR 859

Black Rock Mountain State Park; Rabun County; lease of land.

HR 861

Blackburn Park; Lumpkin County; convey two acres to Georgia

Tribe of Eastern Cherokees for cemetery.

HR 966

Board; powers; regulate commercial bait shrimping.

HB 1512

Board; standards, rules, regulations; violations; effective date.

HB 1521

Code Revision; Title 12; correct errors and omissions. ...................... HB 1208

Commercial, Industrial Property Sales; environmental site assessment.

SB 652

Deer; special hunts to curb localized overpopulation; inform public.

HR 860

Department; employment of certain workers who work other agencies.

HB 1651

Department; licensing lead hazard reduction contractors, inspectors.

HB 1270

Dry Cleaners; release of solvents; contaminated sites; cleanup.

HB 1814

Environmental Education; joint committee to study. ......................... SR 512

Environmental Facilities Authority, GEFA; administer federal grant

funds for drinking water treatment. ........

HB 1262

Environmental Protection Division; duties; public hearings prior

to permitting certain polluting facilities. .................................. SB 262

Fort Yargo State Park; leased land; exchange with Barrow County.

HR 1003

Game and Fish; license required certain private ponds; registration

of sellers of game or domestic species fish; bill of sale. ................... HB 1382

Georgia Music Hall of Fame Authority; powers; nonprofit subsidiary.

SB 525

Hazardous Waste Sites; corrective action; public debt to fund.

SB 698

Hazardous Waste Sites; state debt to fund corrective actions. ................. SR 546

Hazardous Waste; treatment; energy recovery burning, waste water,

cement kilns; management fees; variances.

SB 432

Historic Preservation; Rhodes Memorial Hall; committee to study.

SR 485

Hunting, Fishing; disabled persons; honorary license; legal weapons.

SB 592

Hunting, Fishing; disabled persons; honorary licenses; legal weapons.

SB 243

Indian Tribes Recognized by State; creation of housing authorities.

SB 618

Jekyll Island-State Park Authority; additional member; leases.

SB 337

Jekyll Island-State Park Authority; powers; limit fee increases.

SB 147

Jekyll Island-State Park Authority; 65% land area to be maintained

in undeveloped and natural state. ........................................ SB 336

Lakes; Allatoona, Richard B. Russell; sublease marina park sites............. HB 1372

Land-disturbing Activities; erosion, storm-water runoff; enforcement.

SB 608

Land-disturbing Activities; regulatory compliance yet damages caused.

HB 566

Lead Packaging Prohibitions; exceptions; steel strapping.

HB 1521

Little Ocmulgee State Park; designating "Thaxton Lane".

HR 1126

Petroleum Pipeline Siting; impacts on land usage; committee to study.

SB 626

Recyclable Products; reduce paper consumption of General Assembly.

SR 599

River Banks and Streams; junkyard location restrictions.

HB 180

Salt-water Finfish; size limitations for red drum............................ HB 1513

Saltwater Fishing or Shellfishing; management programs; license fees.

SB 272

Sewage Treatment; regulations for on-site individual systems.

HB 1658

Solid Waste; biomedical; restrict additional disposal facilities.

SB 381

Solid Waste; disposal facilities; modification of expansion permits.

HB 1435

Solid Waste; handling facilities; special purpose county sales tax.

HB 1704

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2484

JOURNAL OF THE SENATE

NATURAL RESOURCES AND CONSERVATION (Continued)

Solid Waste; landfills; disposal restrictions; yard trimmings.

SB 289

Solid Waste Management Authorities; regional members; removal. ........... HB 1521

State Parks; certain facilities; agreement imposing local excise tax. ........... HB 954

Tallulah Gorge State Park Project Area; property conveyance.

SR 519

Underground Storage Tanks; sites requiring corrective actions;

inspections; damage liabilities; lien rights of state. ....................... HB 1619

Wastewater Treatment; classify, certify very small public systems.

HB 1536

Water Resources; designating Clean Water Week. ............................ SB 606

Water Resources; regional planning; upper Oconee basin area.

HB 1514

Water Resources; waste-water; sludge disposal sites; regulate.

SB 276

Water Resources; withdrawal, usage; approved water conservation plan.

SB 10

Wildlife Protection and Issues of Property Damage, Personal Injury.

SR 259

NEWBILL, SENATOR SALLIE; statement on................ HB 632 vote Page 975

NEWBILL, THOMAS CARROLL, III; recognizing.

SR 562

NEWS MEDIA

Publishers, Distributors of Printed Materials; independent contract

carriers; unemployment compensation.

HB 1194

Television, Radio, Cable; acceptance of political advertising to advise

voters of candidacies, issues; noncompliance.............................. HB 1362

NEWTON COUNTY Ad Valorem Taxes; homestead exemption; certain leases; referendum. County Officers; base salary; longevity, cost-of-living increases. Newton County Water and Sewage Authority; revenue bonds; issuance. Newton County Water and Sewer Authority; revenue bonds; issuance. Retirement Plan; transferred juvenile probation employees; options. Superior Court; Alcovy Judicial Circuit; third judgeship.

HB 1751 HB 1152 HB 1879 HB 1748 HB 671
SB 615

NONPROFIT ORGANIZATIONS (Also See Commerce or Corporations)

Bingo Games; nonprofit operations; employment of nonmembers.

HB 1182

Bingo; nonprofit recreational games; requirements; regulation.

SB 24

Bingo; recreational games; nursing, retirement homes, hospitals.

HB 1183

Charitable Property Transfers; ad valorem tax treatment.

SB 506

Charitable Solicitations; law enforcement entities; annual report.

SB 611

Holding of Raffles Shall Be Lawful; amend Constitution. ..................... SR 107

Housing Developed for Low-Income Persons; ad valorem tax exemption.

SR 407

Recreational Noncash Bingo Games; authority to operate. .................... SB 439

School Athletic Events; concessions, tickets; sales tax exemption. ............. HB 562

School Organizations; charitable casino gambling; license to operate.

SB 140

Solicitation of Funds; provide information to persons solicited.

SB 582

State Employees; payroll deductions; professional development.

HB 1455

State Employees; voluntary charitable deductions; change definition.

HB 1439

NORFOLK SOUTHERN RAILWAY COMPANY Fulton County site; land sale, lease, exchange. Train Crew Switching Site in Macon; easement across state property.

SR 462 SR 467

NORTHLAND PREMIER CABLE LIMITED PARTNERSHIP; lease of land; Black Rock Mountain State Park.

HR 859

NORTHWEST WHITFIELD HIGH SCHOOL MOCK TRIAL TEAM; commend................................................. SR 663

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INDEX

2485

NUDITY Nude Dance Clubs and Alcoholic Beverage Sales; regulatory ordinances. Regulation of Nude or Other Sexual Conduct; amend Constitution.

HR 709 SR 187

NUISANCES; Code Revision; Title 41; correct errors and omissions.

HB 1208

NURSE OF THE DAY; Alice Kaufmann served for session, introduced

Page 47

NURSES

Psychiatric/Mental Health Clinical Specialists; patient evaluation.

SB 312

Public Health Nurse Shortage; service cancelable educational loans.

HB 1103

Public Health Nurses of Georgia; commend.................................. SR 558

School Health Nurses; require appropriate licensure. ......................... SB 690

State Employees; payroll deductions; professional development.

HB 1455

NURSING AND PERSONAL CARE HOMES

Alternative Rural Community Hospitals; licensing; medicare approval.

SB 334

Home Health Care Services; patient referrals; investment interests.

SB 565

Inspections; unannounced; penalty to give prior notice; Tip-Off Law.

SB 563

Licensed Hospices; orders to withhold cardiopulmonary resuscitation.

HB 1450

Long-term Care Benefits; restrict conditioning of eligibility.

SB 717

Long-term Care Expense; special individual medical accounts.

SB 161

Long-term Care; Medicaid recipients; personal needs allowance.

SB 552

Long-Term Patient Care; revised federal rules; committee to study.

SR 464

Patient's Medical Records; charges for copying; cap on fees.

SB 318

Personal Care Homes; licensing; criminal records check for forgery.

HB 650

Personal Care Homes; licensure; applicant's fitness to operate.

HB 649

Personal Care Homes; restrictions on limiting mobility of residents. ........... SB 169

Personal Care Homes; violating rights of residents; civil penalties.

SB 651

Recreational Bingo Games; authorize nonprofit operation of.

HB 1183

Recreational Noncash Bingo Games Operated by Nonprofit Organizations.

SB 439

0

OCILLA, CITY OF; ad valorem taxes; assessment, levy, millage rate.

HB 1609

OCONEE COUNTY

Board of Elections and Registration; creation. ............................. HB 1264

Compensation of Certain Officials; probate court judge; sheriff;

superior court clerk, tax commissioner; commissioners.

HB 1957

Upper Oconee Basin Water Authority Act; enact.

HB 1514

OFFENDER REHABILITATION (See Corrections)

OFFICE OF AGING; protection of long-term care patients; review statutes. SR 464

OFFICE OF PLANNING AND BUDGET Budget Units; new programs; evaluate involving private entities. Duties; budget report; appropriations requests; lottery proceeds. Duties; continuation budget report for legislative committees. Duties; develop multiyear phased-in plan to downsize government. Duties; effectuate goals of decentralization; space management. Duties; federal grants for state agencies; tracking data base. Duties; legislative fiscal notes; time of preparation.

SB 427 SB 593 SB 188
SR 9 HB 1810
SB 619 HB 1274

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2486

JOURNAL OF THE SENATE

OFFICE OF PLANNING AND BUDGET (Continued)

Duties; technical support to Petroleum Pipeline Study Committee.

SB 626

Office of Privatization; support staff for review commission.

SB 260

Revenue Shortfall Reserve; midyear surplus; educational purposes.

SB 561

Revenue Structure; re-create joint commission to continue study.

HR 662

State Agencies; budgets; cost benefit analysis; reviews; reports. ................. SB 86

State Agencies; budgets; filing estimate; property transactions.

SB 8

State Agencies; budgets; 5-year strategic plans; Agency Review Act.

SB 5

OFFICE OF TREASURY AND FISCAL SERVICES

Director; duties; report lottery proceeds transfers, disbursements.

SB 594

Membership; State Properties Commission................................. HB 1616

State Lottery Proceeds; shortfall reserve subaccount; deposits. ................ SB 452

OFFICIAL CODE OF GEORGIA (See Code of Georgia)

OGLETHORPE COUNTY; Board of Commissioners; monthly meetings. . . . . . HB 1752

OLIVER, SENATOR MARY MARGARET; statement on. HB 1375 vote Page 2038

OLMSTEAD, MS. MARY; wishing speedy recovery. ......................... SR 666

OLYMPIC GAMES, XXVI SUMMER OLYMPIAD, 1996

Academic Olympic Challenge; urge in public schools. ......................... SR 189

Agricultural Industry Activities; GA 96 AG Joint Steering Committee. ........ HR 937

Columbus; softball competition situs; Ga. Ports Authority property.

HR 907

Hotel Rooms; offense of price gouging; violations; fines; penalties.

HB 1357

Persons Credentialed by ACOG for Services to Athletes; limited purpose

license exemption; consent for medical care.

SB 414

Ticket Scalping; international sports competitions; excess charges.

HB 1225

World Congress Center; expand projects; discontinued projects; gifts.

SB 569

OMAHA, CITY OF; charter repealed; abolish.

HB 1446

OMBUDSMEN SERVICES TO LONG-TERM CARE FACILITY RESIDENTS STUDY COMMITTEE.

SR 464

ONCOLOGY; committee to study patient care, pain management.

SR 568

OPEN BOTTLE BILL

Possession of Alcoholic Beverage in Vehicle; driver subject testing. ............ SB 562

Possession of Alcoholic Beverage in Vehicles; blood-alcohol testing. ............ SB 549

Prohibit front seat passenger possess alcohol beverage.

SB 128

OPEN MEETINGS, RECORDS

Governing Bodies; open meetings; repeal criminal penalty provision.

HB 903

Parties Involved With State Property Purchases, Leases; disclosure.

SB 8

Records of Profiled Bills, Resolutions, Committee Assignments. .............. HB 170

Records of Prefiled Proposed Bills, Resolutions and Assignments.

SB 203

Records of Public Agencies; applicable governmental associations.

HB 1313

State Board of Pardons and Parole; voting records; inspection.

SB 64

OPTOMETRISTS Certified; use of pharmaceutical agents; prohibit use certain lasers. Optometry, State Board; membership; certification qualifications.

SB 199 HB 1666

ORGAN DONORS (Also See Anatomical Gifts or Health) Driver's license applicant fees reduced.

HB 1547

OWENS, CAMRON; Eagle Scout; commend.................................. SR 434

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INDEX

2487

PAPER CONSERVATION STUDY COMMITTEE. ....................... SR 599

PARALYMPIC GAMES, ATHLETES, MEDAL WINNERS; recognizing. SR 480

PARAMEDICS (See Emergency Medical Services)

PARDONS AND PAROLE

Parole; restrictions; inmates convicted violent crimes.

SB 429

Persons Convicted Soliciting a Minor to Commit Delinquent Felony Act.

SB 556

Sex Offenders; parole conditions; registration with local officials.

HB 1229

State Board; abolish; grant powers to Superior Courts.

SR 445

State Board; restrict powers; adult violent felons sentenced life.

SB 483

State Board; restrict powers; limit authority; amend Constitition.

SR 524

State Board; restrict powers; mandatory sentences for violent felons.

SR 395

State Board; restrict powers; sentences of imprisonment for life.

SR 375

State Board; restrict powers to commute sentences, grant parole.

SR 99

State Board; restrict powers; violent felons sentenced for life.

SR 405

State Board; voting records subject to public inspection.

SB 64

Violent Felony Acts; punishment; Sentence Reform Act of 1994. .SB 441

PARENT AND CHILD (Also See Domestic Relations or Minors)

Adoption Decree; male child; name change; cessation family surname.

SB 672

Caregivers to Functionally Dependent Older Adult; support services.

SB 648

Child Abuse and Neglect Prevention; Children's Trust Fund Commission....... SB 493

Child Abuse; records access; consider for foster care placement. ............. HB 1322

Child Abuse; suspected abusers; preliminary criminal records check.

SB 468

Child Abuse; suspected cases; removal of child; custody actions. ............... SB 470

Child Support Awards; child enrolled college; continue to age 22............... SB 480

Child Support Awards; computation based on parent's net income. ........... HB 642

Child Support; health insurance coverage; federal requirements.

HB 1515

Child Support; paternity determination; income deduction orders.

SB 555

Child Support Recovery; noncomplying professional business licensees.

SB 411

Children at Risk; early intervention plans, programs; participation.

SB 560

Crimes Against Children; family violence; law enforcement training.

SB 494

Domestic Relations Actions Involving Children; seminar for parents.

SB 63

Education Records of Children; parent's right to inspect and review.

SB 629

Family Legal Issues; designated family courts; commission to study.

SR 409

Firearms; handguns; illegal possession by minors; crime of furnishing

weapons to minors; felony penalty.

SB 440

Firearms Protection for Minors Act; offense of criminal storage.

SB 477

Firearms Protection for Minors; negligent storage of loaded guns.

SB 68

Firearms Protection for Minors; unsafe storage of loaded guns;

penalties; statewide referendum.

SB 360

Foster Care Home Parents; records check; preparatory programs.

SB 442

Grandparents; visitation rights issue; dispute resolution procedure.

SB 686

Home Study Programs; grandparents; authority to teach grandchildren.

SB 681

Landlord Dispossessory Proceeding Against Tenant with Minor Child.

SB 482

Minors; petition to change name; when parent consent not required.

SB 433

Parent Freedom Act; school choice; private school tuition grants.

SB 590

Paternity Proceedings; evidence establishing nonpaternity; damages.

SB 397

School Discipline; student behavioral problems; parent notification.

SB 395

Sex Education, AIDS Prevention Course materials; parental rights.

SB 274

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2488

JOURNAL OF THE SENATE

PARENT AND CHILD (Continued)

Sex Education; public schools; course materials; parent access. ................. SB 37

Sex Education; public schools; curriculum; review and consent.

SB 292

Sex Education; public schools; parental permission.

SB 246

PARKER, BILL OF UNION COUNTY; commend.......................... SR 379

PARKER, FRANCES LOUISE; 1994 Miss S.C. USA; commend. ............. SR 380

PARKING LOTS, GARAGES AND SPACES

Handicapped Parking; appointed monitors; unlawful practices against.

SB 462

Handicapped Parking Privileges; veterans awarded the Purple Heart. .SB 401

PARKS AND RECREATION

Big Tired Creek Recreation Area; Grady County; deed of conveyance. ....... HR 1012

Black Rock Mountain State Park; Rabun County; cable television tower....... HR 859

Black Rock Mountain State Park; Rabun County; TV translator tower. ....... HR 861

Fort Yargo State Park; leased land; exchange with Barrow County.

HR 1003

Jekyll Island-State Park Authority; additional member; leases.

SB 337

Jekyll Island-State Park Authority; restrictions; certain land area. ............. SB 336

Jekyll Island-State Park Authority; services; limit fee increases.

SB 147

Little Ocmulgee State Park; designating "Thaxton Lane". .................. HR 1126

Park Marinas; Lake Allatoona, Richard B. Russell Lake; sublease site. ....... HB 1372

Privatization of Recreational, Resort Operations; committee to study............ SR 66

State Parks; certain facilities subject local excise taxes....................... HB 954

Tallulah Gorge State Park Development; exchange of property interest......... SR 519

World Congress Center Authority; expand projects; plazas, parks.

HB 1664

PARRIS, JASON National 4-H Champion; commend.......................................... SR 411 National 4-H Champion; commend.......................................... SR 425

PARRISH, SENATOR JOHN; excused, illness......................... Pages 68, 77

PARSONS, COACH ROBERT; recognizing.

SR 574

PATERNITY Actions; evidence; genetic tests results; child support cases. ................... SB 148 Actions; issuance of standing orders restraining parties....................... HB 679 Child Support; unmarried mothers; hospital based program; tests. ............. SB 555 Seminar for Parents Where Interests of Children are Involved.................. SB 63 Trials; evidence establishing presumption of nonpaternity; damages. ........... SB 397

PATIENTS (Also See Medical Practice)

Cardiopulmonary Resuscitation; orders to withhold; effectiveness............. HB 1450

Cardiopulmonary Resuscitation; orders to withhold; procedures. ............... SB 580

Genetic Testing; therapeutic, diagnostic purposes; confidentiality............... SB 704

Health Care Insurance; freedom of choice to select physician. ................. SB 625

Health Care; referral practices; conflicts of interest. ..... SB 236

Health Care; referrals; physicians; financial interest restrictions. ............... SB 281

Medical Records; pharmacist-patient privileged information; evidence.

HB 510

Mental Health Facility; clinical records; release certain entities.

HB 1405

Patient Self-referral Act of 1993; define designated health services. ............ SB 565

Personal Care Homes; residents; redress of grievances; remedies.

SB 651

Psychiatric or Mental Health; privileged communications.

HB 194

PATTEN, ROBERT LEE II; designate Probation Detention Center to honor. SR 561

PATTERSON, CITY OF; 100th Anniversary; commend. ...................... SR 571

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INDEX

2489

PAULDING COUNTY Motor Vehicle Registration; staggered periods. ............................. HB 1348 Paulding County Rotary Club; recognizing. .................................. SR 575

PAWNBROKERS; firearms; unsafe or improper storage; penalty.

SB 502

PEACE OFFICERS (Also See Law Enforcement)

Additional Funds for Crime, Traffic Incidents Related to Alcohol Use. ......... SB 228

Arresting Officer; duties; suspected DUI violations; chemical tests.

SB 163

Arresting Officer; injury, contact exposure to infectious diseases. ............. HB 162

Complaints Against Officers; procedural criteria; officers' rights.

HB 397

Counties Over 400,000; prison security personnel; deputy sheriffs.

SB 239

County Probation Employees; arrest powers as peace officers.

SB 409

Georgia Ports Authority Employees; arrest powers as peace officers.

HB 1136

Law Enforcement Integrity Act; unauthorized use of terminology.

HB 1886

Preemployment Requirement; training; certification; radio operators.

HB 1389

Radar Speed Detection; use of devices on hills; admissible evidence.

SB 116

Training; detection, investigation; child abuse and family violence.

SB 494

Training Fund Act; state and locally employed officers; remittance

of funds; percentage of disbursement. ...................................... SB 65

Training; requirements of sheriffs; failure to complete. ....................... SB 551

Training; requirements; qualifications for office of sheriff.

SB 458

PEACE OFFICERS ANNUITY AND BENEFIT FUND Benefits; change age requirements; revise survivors benefit amount. Membership; corrections officers, supervisors; dues; prior service.

HB 495 HB 498

PEACH COUNTY

Ad Valorem; school district taxes; homestead exemption. ................... HB 1563

Georgia Peach Festival; commend........................................... SR 468

Retirement Plan; transferred juvenile probation employees; options.

HB 671

PEACH FESTIVAL OFFICIALS; introduced, remarks .................... Page 500

PEACH PROGRAM; Work for Welfare Pilot Program; local coordinators.

SB 464

PEANUTS; designated as official Georgia state crop. ........................ HB 1798

PENAL INSTITUTIONS (See Corrections)

PENDERGRASS, CITY OF; new charter. ................................ HB 2028

PERRY-HOUSTON COUNTY AIRPORT AUTHORITY; area of operation; members............................................... HB 2027

PERSONAL CARE HOMES (Also See Health, Day Care, Nursing Homes, or Health Care Facilities) Licensure; applicant's fitness to operate; relevant information. Licensure; employee records checks; violations relating to forgery. Restrictions Upon Restraint, Isolation of Residents; sanctions. Violation of Rights of Residents; redress of grievances; penalty to operate unlicensed home.

HB 649 HB 650 SB 169
SB 651

PESTICIDES; structural pest control businesses; insurance coverage.

HB 1341

PETROLEUM PRODUCTS (Also See Gasoline) Motor Fuel Tax; nonhighway use exemption certificates; false claims. Petroleum Pipeline Siting; environmental impact; committee to study. Underground Storage Tanks; leaking petroleum; corrective actions.

HB 1517 SB 626
HB 1619

PHARMACISTS, PHARMACIES

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2490

JOURNAL OF THE SENATE

PHARMACISTS, PHARMACIES (Continued)

Anti-Cancer Drugs; definitions; insurance coverage; conditions. ................ SB 326

Dangerous Drugs to be Kept in Original Container; remove requirement.

SB 660

Dispensing Dangerous Drugs to Emergency Medical Services Providers.

SB 241

Ocular Diseases; use of pharmaceutical agents by optometrists.

SB 199

Optometrists; use of pharmaceutical agents; certification. ................... HB 1666

Patient Counseling; repeal rule Chapter 480-31 of state board.

SB 332

Pharmaceutical Products; dispensing to 1996 Olympic participants.

SB 414

Pharmaceutical Services; patient referrals; investment interests.

SB 565

Pharmacists; privileged patient medical information; evidence.

HB 510

Prescription Drugs; anticompetitive price controls prohibited.

SB 522

Prescription Drugs; recommend coverage in health care benefit plans.

SR 444

PHARR ELEMENTARY SCHOOLS CHORUS; commend.

SR 521

PHOTOGRAPHS; admissibility as evidence. ................................. SB 412

PHYSICIANS (Also See Medical Practice or Professions or Health)

Anesthesiology, Oncology; patient care, pain management; study of.

SR 568

Chiropractors; licensure; qualifications; standards of practice.

SB 519

Contracts, Agreements Among Health Care Providers; public advantage.

HR 943

Contracts Among Health Care Providers Advantageous to the Public........... SR 531

Contracts; cooperative agreements; certificate of public advantage.

HB 1825

Contracts; cooperative agreements; joint ventures; approval criteria.

SB 673

Health Care Providers; improper exclusion certain insurance plans.

SB 625

Income Tax credit; persons qualifying as a rural physician.

SB 714

Investment Interests; applicable health services; patient referrals.

SB 565

Medicaid Providers; aggrieved by action.

SB 509

Medical Students Residency Training Programs; liability immunity.

HB 1892

Orders to Withhold Cardiopulmonary Resuscitation; clarify procedures.

SB 580

PIERCE COUNTY Ad Valorem Taxes; homestead exemption; elderly residents. Board of Commissioners; election districts; change description. Board of Education; election districts; change description. Board of Education; nonpartisan nomination and election. State Court; judge, solicitor; change compensation.

SB 597 SB 600 SB 599 SB 598 SB 713

PILOT CLUB OF CEDAR VALLEY; recognizing.

SR 396

PISTOLS (See Firearms and Weapons)

PLANNING COMMISSIONS (See Authorities or Development Authorities)

PLUMBING AND PLUMBERS Licensees; building and construction codes; compliance bonds. Licensees; building and construction codes; compliance bonds. Master, Journeyman; license renewal; continuing education.

SB 499 SB 669 HB 1690

PODIATRISTS; Georgia Podiatry Practice Act; enact........................ HB 408

POLICE OFFICERS (Also See Law Enforcement Officers) Arresting Officer; injury, contact exposure to infectious diseases. Charitable Sales Promotion or Solicitation; reports; misrepresenting. Law Enforcement Integrity Act; unauthorized use of terminology. Public Safety Radio Operators; training and certification. Traffic Accident Investigations; minimum property damage of $500. Traffic Accident Reports; local law enforcement agency requirements. Training; detection, investigation; crimes against children.

HB 162 SB 611 HB 1886 HB 1389 HB 1387 HB 1386 SB 494

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INDEX

2491

POLK COUNTY Board of Education; election districts; new boundary lines. Water Authority; members; reappointment, taking of office.

HB 1409 HB 1887

POLLARD, SENATOR JAKE Act as Chair of Judidiciary Committee.............................. Pages 795, 1537 Excused from voting on.......................................... HB 763 Page 1216

POLLUTION CONTROL

Agricultural Crop Protection Chemicals; urge address disposal issues.

SR 486

Air Quality; business emission reduction measures; urge incentives.

HR 796

Air; vehicle emission inspections; delete displaying of stickers.

SB 463

Auto Emissions; centralized testing sites; urge EPA delay program.

SR 473

Auto Emissions; private test site facilities; opposing closure of................ HR 727

Hazardous Waste, Water Pollution; public hearings prior to

issuing permit for a facility............................................... SB 262

Highways; commuters; state employees; car-pools, flex-time plans.

SB 124

Junkyards; location restrictions; public roads, river banks, streams.

HB 180

Liability of Structural Pest Control Businesses; insurance coverage.

HB 1341

Recycling or Pollution Control Machinery; investment tax credits.

HB 1527

State Owned Buildings; urge energy conservation promoting clean air.

SR 173

Underground Storage Tanks; site inspections; corrective actions.

HB 1619

Water; drinking water treatment; federal grants for cities, counties.

HB 1262

Water Resources; designating Clean Water Week.

SB 606

Water Resources; waste-water; sludge disposal, storage facilities.

SB 276

POLYGRAPH EXAMINERS Employees of Public Agencies; license application fees. Georgia Polygraph Examiners Act; repeal.

HB 631 HB 1391

PORTER, CARRIE L.; EAGLE Adult Literacy Education Award; commend. SR 593

PORTER, RUTH TERRELL; 100th Birthday congratulations. ................ SR 478

PORTS AUTHORITY, GEORGIA International Shipments of Cargo; containers; sales tax exemption. Jurisdiction; illegally parked vehicles; police officials authority. Property Conveyance; Columbus; 1996 Olympic Games sports venue situs.

HB 1561 HB 1136 HR 907

POSTAGE COST REDUCTION STUDY COMMITTEE.

SR 556

POWDER SPRINGS, CITY OF

Corporate Limits; city manager; collection of delinquent taxes.

SB 666

Tax Commissioner; ex officio sheriff; tax executions........................... SB 387

PRESCRIPTION MEDICATIONS (See Pharmacists or Health or Drugs)

PRISONS (See Corrections)

PRIVACY FOR CONSUMERS AND WORKERS ACT; electronic monitoring.

SB 646

PRIVATE SECURITY BUSINESSES Private Detective or Security Agencies; license qualifications. Private Security Guards; arrest powers; certain property.

HB 1493 SB 287

PRIVATIZATION OF GOVERNMENTAL SERVICES Committee to Study Potential Savings; examine other states. Department of Children and Youth Services; contracts and agreements. Economic Development Parks, Centers, Facilities; private initiatives. Federal Community Development Block Grant Funds; nonprofit entities.

SR 66 HB 1626
SR 203 SB 570

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2492

JOURNAL OF THE SENATE

PRIVATIZATION OF GOVERNMENTAL SERVICES (Continued)

Georgia Privatization Review Act; create commission; provide powers.

SB 260

Local School Systems; services for disabled children. ......................... SB 689

Mental Health Disability Services; private providers; contracts.

SB 49

Private Firms Reviewing State Agency Program Operations; selection.

SB 5

Processing Drivers' Records for Insurance; electronic transmittal.

SB 613

State Productivity Council; creation....................................... HB 1551

State Vehicles; alternatives to purchasing such as leasing; study of. ............ SR 627

Transportation Facilities; private operators; financing; tolls. ................... SB 328

PROBATE COURTS

Additional Costs for Specific Services. .................................... HB 1281

Additional Costs in Court Cases for County Law Library.

HB 1459

Common-law Marriages; invalid to enter into after certain date.

SB 36

Estates; sales of property by temporary administrators.

HB 1281

Family Legal Issues; designated family courts; commission to study.

SR 409

Fiduciary Bonds; judgment and execution in favor of surety.

HB 1281

Foreign Wills Bequeathing Personal Property; recording probate.

HB 361

Guardians, Executors; oaths; judges or clerks who may administer.

HB 1281

Judges, Clerks; qualifications; jurisdiction; counties over 96,000.

HB 1754

Judges; compensation; minimum annual salaries; population brackets.

HB 1710

Judges; duties; interim appointee to fill vacancy in public office.

HB 304

Judges, Employees; service retirement at age 55 with 12 years.

HB 1090

Judges; issuance of permits for fireworks displays and explosives.

SB 719

Judges; offices and records; authority of grand jury to examine.

SB 31

Judges; retirement membership; dues payment; prior service credit.

HB 1091

Jurisdiction; appointment of guardians; legal actions; bonds.

SB 538

Jurisdiction; misdemeanor boat safety violations.

SB 448

Jurisdiction; misdemeanor cases involving marijuana possession.

SB 576

Jurisdiction; prosecution of Georgia Boat Safety Act violations.

HB 710

Marriage; parties to a legal covenant marriages............................... SB 605

Minors; petition to change name; when parent consent not required.

SB 433

Records; mental health involuntary hospitalization; state

background check law to purchase firearms.

SB 12

Service of Process; legal guardian of minors or incapacitated adults.

HB 71

PROBATION

Adult Violent Felons; 3rd conviction; no parole or work release. ............... SB 483

Corrections Department; probation personnel; possession of firearms.

SB 568

County Probation Systems; employees; defined as peace officers.

SB 409

Employees; transfer of county juvenile detention systems; retirement.

HB 671

Juvenile Delinquent Children; confined 90-day boot camp program.

SB 150

Juveniles; placement; private family attention home; risk assessment.

SB 548

Mandatory Sentencing and Punishment for Serious Violent Felony Acts.

SB 441

Municipal Courts; fines, cost, restitution; collecting delinquencies.

SB 498

Offenses of Stalking; condition of bail or other pretrial release.

SB 697

Personnel; firearms possession; exemptions for certain persons.

HB 1209

Sex Offenders; parole conditions; register ID where domiciled.

HB 1229

Sex Offenders; register with sheriff; failure to file penalties.

SB 399

Terms, Conditions; confinement in county detention facility or jail.

SB 270

PROFESSIONS AND BUSINESSES (Also See Commerce and Trade) Addiction Counselors; scope of practice; license exemption. Architects; conversion of payments made for property improvements. Asbestos Contractors; persons employed to remove asbestos; training. Auctioneers; license exemption; lien sales; self-storage facilities.

HB 1330 SB 50 SB 135
HB 1878

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INDEX

2493

PROFESSIONS AND BUSINESSES (Continued)

Automobile Body and Paint Shops, Collision Repair Facilities;

commission to study certification, licensing. ................................ SR 93

Beauty Pageants Operated for Profit; bond requirements; fee escrow.

HB 965

Blasting Operations; blasters; explosives users; licensure.

HB 866

Bondspersons, Bonding Companies; qualifications as sureties. ................. SB 630

Businesses Using Trade Names; registration; exemption.

HB 1502

Charitable Sales Promotion or Solicitation; law enforcement entities.

SB 611

Chiropractors; licensure; qualifications; standards of practice. ................ .SB 519

Civil Actions; witnesses; state regulatory agencies; no compensation.

SB 229

Code Revision; Title 43; correct errors and omissions.

HB 1208

Coin Operated Amusement Machines; master license fees; annual permit.

HB 800

Conditioned Air Contractors; bond requirements; liability of surety.

SB 499

Conditioned Air Contractors; bond requirements; liability of surety.

SB 669

Conditioned Air Contractors; licensing of journeyman; testing boards.

SB 718

Contractors; conversion of payments made for property improvements.

SB 50

Contractors; electrical, conditioned air, plumbers; telemarketing;

fraudulent offers and sales. .............................................. SB 567

Credit Repair Services; regulation of advertising; practices.

SB 157

Dentists and Dental Hygienists; licensure; new board to regulate.

SB 305

Dietitians Licensing Law; nutritional care; board of examiners.

SB 20

Driver Training Schools; required equipment on cars; eyesight tests.

SB 245

Electrolysis; hair removal; regulate under cosmetology laws.

SB 575

Employers; electronic monitoring of employees; restrictions.

SB 646

Employers; workers' compensation insurance; assigning rejected risks.

SB 695

Engineers and Land Surveyors; state board; legal assistant.

SB 503

Fireworks Displays; licensees; storage of surplus, excess fireworks.

HB 286

Georgia Polygraph Examiners Act; repeal.

HB 1391

Health Care Providers; improper exclusion certain insurance plans.

SB 625

Health Care Providers; patient referral; restrict financial interest.

SB 281

Health Care Providers; self-referral schemes; prohibited activities.

SB 236

Hearing Aid Dispensers; license renewal; requirements.

HB 1860

Home Builders; contracts; warranties; arbitration; code violations.

HB 1608

Home Inspectors; regulate scope of practice; create licensing board.

SB 330

Home Inspectors; require furnish specific information in writing.

SB 143

Hotel Price Gouging During 1996 Olympic Games Period; penalties.

HB 1357

Independent Contract Carriers of Printed Materials;

unemployment compensation. .......................................... HB 1194

Innkeepers; contracts; guest rooms; assigned time period; liability.

SB 536

Insurance Agents and Others; examination for probable cause.

HB 1838

Insurance; brokers and solicitors; clarify certain references.

SB 280

Insurance; licensing; exclude certain salaried, clerical employees.

SB 413

Insurers; adverse underwriting decisions; investigations.

HB 1681

Insurers; certificate of authority; capital stock; surplus required.

HB 914

Insurers; surplus line broker; affidavits, premium taxes, reports.

HB 1309

Interior Designers; registration; examination waivers.

HB 1637

Irrigation Contractors; licensure; pumping systems for vegetation.

HB 516

Land Surveyors; recording of maps, plats; specifications; standards.

HB 1458

Landscapers; conversion of payments made for property improvements.

SB 50

Lead Abatement Contractors; training; licensing; certification.

HB 1270

Licensees or Applicants; sanctions for child support noncompliance.

SB 411

Licensure; limited purpose exemption; 1996 Olympic delegation.

SB 414

Mental Health Facilities; patient-client privileged communications.

HB 194

Mortgage Lenders, Brokers; licensing; loan transactions; agreements.

HB 1636

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2494

JOURNAL OF THE SENATE

PROFESSIONS AND BUSINESSES (Continued)

Nurses; school health nurses; require appropriate licensure. .................. .SB 690

Optometrists; certification; use of pharmaceutical agents.

HB 1666

Optometrists; use of pharmaceutical agents and nondiagnostic lasers.

SB 199

Pawnbrokers Selling Firearms; unsafe or improper storage; penalty.

SB 502

Persons Performing Services to Schools for Disabled Children.

SB 689

Plumbers; licensees; bonding requirements; liability of sureties.

SB 499

Plumbers; licensees; bonding requirements; liability of sureties.

SB 669

Plumbers; master, journeyman; license renewal; continuing education.

HB 1690

Podiatric Medicine; enact Georgia Podiatry Practice Act. .................... HB 408

Polygraph Examiners Employed by Public Agencies; license fees.

HB 631

Private Detectives or Security Businesses; license qualifications. ............. HB 1493

Private Security Guards; arrest powers; certain property. ..................... SB 287

Professional Bondspersons; deposits of cash reserves by sheriffs.

HB 1499

Professional Counselors; exempt license; certain employees, students.

SB 434

Professional Counselors; licensing; change requirements. ...................... SB 642

Professional Malpractice Action; failure to file required affidavit. .............. SB 398

Propane Dealers; restrictions; installation of heating, air systems.

SB 669

Psychologists; licensure; requirements; exceptions; ethics code.

SB 512

Real Estate Appraisers; applicants; sanctions; temporary permits.

HB 1226

Real Estate Appraisers; licensure; exemption; county appraisal staff.

.SB 266

Real Estate Brokers; licensure; conduct; affiliates; commissions. ............. HB 1227

Roofing Contractors; regulate; create new licensing division.

SB 190

Sales to Elderly or Disabled Persons; consumer crimes; civil damages.

HB 193

Securities Brokers, Dealers; telemarketing; fraudulent offers, sales.

SB 567

Small Employer Health Coverage Availability Act.

SB 650

Small Employers; self-insurance plans; exclude workers compensation.

SB 176

Structural Pest Control Businesses; insurance coverage...................... HB 1341

Suppliers of Residential Utilities; unpaid charges of prior occupant.

HB 862

Tattoo Artists; permit requirements; unlawful tattoo minor under 18. .......... SB 517

Ticket Agents; service charges on amusement, entertainment admission.

SB 309

Trade Secrets; offense of theft; expand definition; penalties.

SB 224

Used Car Dealers and Used Motor Vehicle Parts; combined state board.

HB 1390

Utility Contracting; licensing; certification; sanctions; bidding.

HB 1596

Utility Contractors; licenses; certification of managers, foremen.

HB 1193

Utility Contractors; licensing; certification of managers, foremen.

SB 425

Wastewater Treatment Plants; operators; classify very small systems.

HB 1536

PROPANE DEALERS; liquefied petroleum gas licensees; authorized services. ....................................................... SB 669

PROPERTIES COMMISSION (See Property Conveyances or State Government)

PROPERTY
Abandoned Motor Vehicles; lien foreclosure; affidavit filing fee. Ad Valorem Tax; appeal of assessments; procedures; filing; notices. Ad Valorem Tax; appeals; temporary tax bills pending outcome. Ad Valorem Tax; assessment; change valuation established on appeal. Ad Valorem Tax; assessment; limit percentage of yearly increases. Ad Valorem Tax; assessment; taxpayer appeals; change procedures. Ad Valorem Tax; assessments; appeals; written decisions; reasons. Ad Valorem Tax; assessments; taxpayer options; arbitration appeals. Ad Valorem Tax; delinquent tax enforcement; one-time amnesty program. Ad Valorem Tax; enterprise zones; exempt county, municipal taxes. Ad Valorem Tax; enterprize zones; property tax; different treatment.

HB 321 HB 1436 HB 1207 HB 1196
SR 92 SB 296 HB 328 HB 1504 SB 506 SB 166 SR 206

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INDEX

2495

PROPERTY (Continued)

Ad Valorem Tax; homestead exemption; application filing date. ............... SB 472

Ad Valorem Tax; homestead exemption; filing; surviving spouse. ............. HB 835

Ad Valorem Tax; millage rates requiring tax increases; advertising.

HB 554

Ad Valorem Tax; mobile homes; moving without required decal; penalty. .SB 209

Ad Valorem Tax; school funding; repeal local fair share requirement.

SB 205

Ad Valorem Tax; state, county taxes; homestead exemption for elderly. ........ SB 394

Ad Valorem Tax; valuation; fair market value; existing use; timber.

SB 233

Arson; adult violent felons; no pardon, parole or work release.

SB 483

Bears; property damage; circumstances owners allowed to kill.

HB 112

Cemeteries; registration; exempt cemetery of historical significance.

HB 641

Civil Actions; discharge of purchased property from lien of judgment.

HB 72

Commercial, Industrial Property Sales; environmental site assessment. ......... SB 652

Condominium Instruments; unit owners; failure to pay assessments.

HB 572

Condominiums; common expenses; liability of unit owners, mortgagees.

HB 1567

Contracts for Property Improvements; timely payments; Prompt Pay Act.

HB 837

Conveyances; estates; alienability of future interests.

HB 1420

County Road Systems; property not needed; abandonment procedures.

HB 1539

Covenants; conservation use land values (CUV); charitable transfers.

SB 506

Covenants; conservation use; value tables; prior agricultural land.

HB 1760

Criminal Trespass; posted land; signage for 'No Trespassing'.

HB 1220

Damage by Over Populated Wildlife; committee to study issues.

SR 259

Deer; special hunts to curb overpopulation; criteria; inform public.

HR 860

Eminent Domain; rights of petroleum pipeline companies; moratorium.

SB 626

Eminent Domain; urban development; condemnation proceedings; tax liens. HB 989

Fire Protection Service Charges; subscription fire departments................. SB 671

Flea Market Vendors; recording property acquired for retail sale............. HB 1195

Foreign Wills Bequeathing Personal Property; probate procedures.

HB 361

Forfeiture Under Controlled Substances Act; informant rewards.

SB 237

Guardians of Minors; appointment; bonds; legal actions.

SB 538

Highways; commercial driveway permits; charges, fees; limitations.

HB 546

Home Inspectors Licensing Regulation Act; enact.

SB 330

Home Inspectors; require furnish specific information in writing.

SB 143

Homeowner Protection; secured loans; regulate interest rates, fees. ............ SB 105

Honeybee Hives; restrict local ordinances prohibiting. ...................... HB 1861

Housing Affordability Impact Note Act; legislation explanatory note.

SB 591

Indian Tribes, Land; creation of public housing authorities; powers.

SB 618

Indian Tribes; recognition of Southern Band of Cherokees and Creeks.

SB 508

Industrial Area; removal of property; amend Constitution. .................... SR 509

Insurers; FAIR Plan and underwriting association; extend to 1998.

SB 485

Land-disturbing Activities; erosion control requirements; permits.

SB 608

Land-disturbing Activities; regulatory compliance yet damages caused.

HB 566

Landlord and Tenant; dispossessory proceedings; judgment for rent.

HB 337

Lead Contaminated Soil; sites frequented by children; abatement of.

HB 1270

Liens; aircraft; furnishing service, materials, indemnity contracts.

HB 1400

Liens; junkyards; expenses of governmental entities for screening.

HB 180

Liens; landowner's security interest; future crops due sharecroppers.

HB 73

Liens; property improvement contractors; payment bond,

security deposits; rights of certain parties................................. HB 545

Loans; residential mortgage lenders, brokers; regulation, licensing.

SB 106

Loans; secured residential property; interest rate, fees; regulate.

SB 105

Private Security Guards; arrest powers on certain property.

SB 287

Private Ways; petition to remove obstruction; probate court fees.

HB 1281

Property Improvements; liens for work done, material furnished.

SB 546

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2496

JOURNAL OF THE SENATE

PROPERTY (Continued)

Property Owners' Association Act; governance; incorporation.

HB 574

Property Tax Amnesty Program Act; enact. ................................. SB 506

Railroad Companies, Railroad Tracks; criminal trespass and damage.

HB 1220

Real Estate Appraisers; licensure; exemption; county appraisal staff.

SB 266

Real Estate Appraisers; temporary permits; prohibited actions. .............. HB 1226

Recording of Maps, Plats; land surveyors; specifications; standards.

HB 1458

Recording of Security Instruments; cancellation; reversions.

HB 1567

Residential; dispossessory proceedings; tenants with minor children.

SB 482

Residential; rental property management companies; business office.

.SB 481

Residential Rentals; prospective tenant's application fees; refunds.............. SB 476

Residential Subdivisions or Condo Developments; amenities;

misrepresentation to buyers. ............................................. SB 194

Residential; water, gas, sewerage, or electricity; unpaid charges

of prior occupant; limited liens. ......................................... HB 862

Rhodes Memorial Hall; utilization, ownership; committee to study. ............ SR 485

Specialized Land Transactions; condominium instruments; covenants.

HB 572

State Agencies; property acquisitions, leases; required reports.................... SB 8

Structural Pest Control Businesses; liability; insurance coverage. ............ HB 1341

Tax Executions; excess funds from tax sales; unclaimed; disposition. ........... SB 612

Tax Liens on Property Condemned for Urban Development; setoff award.

HB 989

Tax Sales; redemption price; inclusion of ad valorem taxes.

HB 565

Theft by Conversion; rental, leased property; failure to return. .............. HB 1358

Theft; conversion of payments made for property improvements. ............... SB 50

Veterans Headquarters, Post Home; exempt ad valorem tax; referendum.

HB 1297

Yard Trimmings; restrict disposal in landfills; soil composting use.

SB 289

PROPERTY CONVEYANCES (Also See State Government)

Barrow County; Fort Yargo State Park; wetlands; exchange of lease.......... HR 1003

Black Rock Mountain State Park, Rabun County; lease of

land to Northland Premier Cable for TV tower. .......................... HR 859

Black Rock Mountain State Park, Rabun County; lease of land

to Spartan Radiocasting Co.

HR 861

Brooks County; convey National Guard Armory land tract to county.

HR 744

Brunswick; convey historical Lissner House to city. ......................... HR 816

Brunswick; sell surplus Labor Department property by competitive bid.

HR 817

Bryan County; state-owned TV transmitter tower; lease agreement.

HR 842

Cave Spring; convey portion old campus Ga. School for Deaf to city.

HR 814

Chatham County; convey deed to Goodwill Industries of Coastal Empire.

SR 120

Chatham County; property lease; Coastal Center Development Services.

HR 1002

Chatham County; renew lease; U.S. Air National Guard Armory Facility.

HR 819

Chattooga County; Georgia National Guard property; convey to county.

SR 470

City of Millen; reversion of certain property to state; sell by bid.

HR 823

Cobb County; transportation thoroughfare; easement through YDC.

SR 207

Fulton County; land sale, lease, exchange; Norfolk Southern Railway.

SR 462

Fulton, Walker, Miller, Dawson, Baldwin, Bibb, Dougherty Counties;

gas, sewer, water, electrical, telephone utility lines; grant easements.

SR 467

Georgia Ports Authority; Columbus; convey for Olympic sports venue.

HR 907

Grady County; Big Tired Creek Recreation Area; deed to county.

HR 1012

Gwinnett County; property lease; Gwinnett/Rockdale/Newton Creative Enterprises, Inc.

..................................................................... HR 1002

Kennesaw; lease certain W&A Railroad right-of-way to city.

HR 818

Lumpkin County; Blackburn Park; convey 2 acres to Georgia Tribe

of Eastern Cherokees for cemetery. ...................................... HR 966

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INDEX

2497

PROPERTY CONVEYANCES (Continued)

Mclntosh, Tattnall, Gwinnett, Glynn and Banks Counties; easements

for telecommunication, utility facilities. ................................... SR 463

Milledgeville; Central State Hospital Water Treatment Facility;

title to Georgia Building Authority (Hospital). ............................. SR 547

Richmond County; Phinizy Road driver's license test site; convey

to county for minor league baseball facility. ............................... SR 548

Richmond County; Phinizy Road land; minor league baseball facility. ........ HR 1001

State Properties Commission; membership; executive director duties.

HB 1616

Tallulah Gorge State Park Project Area; Rabun, Habersham Counties. ......... SR 519

Tunnel Hill; W&A Railroad right-of-way; old tunnel; convey city. ............. SR 500

Whitfield County; railroad right-of-way; ConAgra Poultry Co. lease.

SR 469

PROPERTY OWNERS' ASSOCIATION ACT; enact.

HB 574

PROPST, CHANCELLOR H. DEAN; commend.

SR 479

PRUITT, JOHN; commend. ...................... SR 491

PSYCHOLOGISTS License to Practice; requirements; exceptions; training; peer review. ........... SB 512 School Psychology Services; contracts; certain certified persons. ............... SB 436

PSYCHOTHERAPY PRACTITIONERS

Evidence; privileged communications; patient-client confidentiality. ........... HB 194

Psychiatric/Mental Health Clinical Nurse Specialists; evaluations.

SB 312

PUBLIC ASSISTANCE (Also See Social Services or

Human Resources or Medicaid)

AFDC Eligibility; teenagers; school attendance; LEARNFARE Program.

SB 66

AFDC Recipients; private health insurance coverage; pilot program.

SB 208

AFDC; teenage recipients; require attend school; LEARNFARE program.

SB 407

Aged and Disabled Transportation Services; task force to study. ............. HR 921

Benefits; illegal aliens ineligible; emergency medical care only. ................ SB 164

County Family and Children Services; appointment of board members. ........ SB 469

Hospital Emergency Care; patients claiming indigency; standards.

SB 331

Medicaid; applicant, recipient, provider; contested cases; remedies.

SB 509

Medicaid Recipients; health care insurance coverage; risk pool.

HB 1306

Medicaid; residents of long-term care; personal needs allowance.

SB 552

Recipient Families; services in exchange for cash assistance; employment

incentives; 10-county Work for Welfare Pilot Program. ..................... SB 464

Recipients; child support payments recovered by DHR; court costs.

SB 268

Welfare Reform; additional child born; eliminate benefit increases.

SB 58

PUBLIC HEALTH NURSES OF GEORGIA; commend.

SR 558

PUBLIC OFFICERS AND EMPLOYEES (Also See State

Employees or State Government)

Agriculture Commissioner; election by plurality of votes cast.

SR 536

Agriculture Commissioner; limitation of terms of office.

SR 5

Agriculture Commissioner; limitation of terms of office.

SR 140

Attorney General; compensation; increase annual salary.

HB 1398

Attorney General; duties; enforcement of election law violations. .............. SB 215

Attorney General; duty to represent Georgia Transportation Authority.

SB 328

Attorney General; election by plurality of votes cast. ......................... SR 536

Attorney General; limitation of terms of office. ................................ SR 5

Attorney General; limitation of terms of office. .............................. SR 140

Attorney General; staff members; authorization to carry weapons. ............. SB 348

Auditor, State; duties; agency program reviews; budget estimates. ............... SB 5

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2498

JOURNAL OF THE SENATE

PUBLIC OFFICERS AND EMPLOYEES (Continued)

Campaign Financing; contributions; substantially revise provisions.

.SB 657

Chief State Administrative Law Judge; appointment; functions.

HB 1443

Code Revision; Title 45; correct errors and omissions. ...................... HB 1208

Commissioner of Labor; repeal duties; utilities notification center.

HB 1728

Coroners, Deputy Coroners; pronouncement of death.

SB 446

Coroner's Training Council; approve, certify annual training.:............... HB 1256

Counties; governing authorities; members; minimum annual salaries.

SB 380

County Boards of Jury Commissioners, Clerk; per diem compensation.

HB 446

County, Municipal Offices; vacancies; interim appointees; elections.

HB 304

Education, State Board; members elected by General Assembly;

State School Superintendent appointed by board.

SR 390

Elections; campaign contribution disclosure; late reports; fees.

HB 171

Elections; eliminate majority vote; straight political party voting.

SB 680

Elections; term limitations; U.S. Senators and Representatives................. SB 344

Employees' Retirement; creditable service; forfeited leave.

HB 260

Fire Departments; volunteer firemen; required attendance at drills.

.SB 583

General Assembly Members and Lt. Governor; term limitations.

SR 5

General Assembly Members and Lt. Governor; term limitations.

SR 140

General Assembly; members of standing committees; acceptance of

travel expenses paid by lobbyists prohibited.

SB 118

Georgia Commission on Women; member expenses; number of meetings. ....... HB 68

Georgia Defined Contribution Plan; voluntary membership; withdrawal.

SB 251

Georgia Sports Hall of Fame Authority; creation; membership.

HB 1187

Governmental Association Meetings; restrict use excise tax proceeds. .......... SB 658

Indemnification; determination of entitlement; define line of duty............. HB 250

Indemnification; state commission; composition; payment of claims.

HB 1617

Insurance Commissioner; election by plurality of votes cast.

SR 536

Insurance Commissioner; fees; refiled corrected documents.

HB 1488

Insurance Commissioner; limitation of terms of office. .......................... SR 5

Insurance Commissioner; limitation of terms of office.

SR 140

Insurance Commissioner; powers; examination of agents and others.

HB 1838

Insurance Commissioner; rate filings; hearings; time periods.

HB 1307

Insurance Commissioner; supervision of insurers; enforcement. ................ SB 264

Insuring Vehicles Operated by Contracting Agencies; Department

of Children and Youth Services......................................... HB 1627

Jekyll Island-State Park Authority; conflict of interest exception.

SB 337

Labor Commissioner; election by plurality of votes cast. ...................... SR 536

Labor Commissioner; limitation of terms of office. ............................. SR 5

Labor Commissioner; limitation of terms of office. ........................... SR 140

Law Enforcement Integrity Act; unauthorized use of terminology.

HB 1886

Law Enforcement Officers; complaints against; procedural criteria.

HB 397

Lobbying by Former Legislators, Public Officials; restrictions. .................. SB 69

Local Government; activities influencing actions on ordinances

or resolutions; lobbyist disclosure.

HB 1298

Medical Examiners, Coroners; death investigations; clinical records........... HB 1405

Medical Examiners, Coroners; death investigations; unconscious state. .......... SB 99

Mental Health Community Service Boards; personnel; rights; benefits.

SB 511

Nonpublic Postsecondary Education Commission; executive director.

SB 308

Office of State Administrative Hearings; positions transferred to.

HB 1443

Parties Involved With State Property Purchases, Leases; disclosure.

SB 8

Political Activities; nonworking hours; conditions to participate.

SB 55

Public Office; ineligible persons; defaulter for legal taxes. ..................... SB 426

Public Safety Employees; participation in political activities.

HB 1333

Refer to numerical index for page numbers

INDEX

2499

PUBLIC OFFICERS AND EMPLOYEES (Continued)

Public Service Commission; members; term limitations.......................... SR 5

Public Service Commission; members; term limitations.

SR 140

Public Service Commission; reorganization; create Utility Finance

Section; powers, duties; personnel qualifications. ....................... SR 250

Revenue Agents or Enforcement Officers; weapon and badge retention.

HB 311

Secretary of State; election by plurality of votes cast. ........................ SR 536

Secretary of State; limitation of terms of office................................. SR 5

Secretary of State; limitation of terms of office.

SR 140

Sheriffs, Deputy Sheriffs; surety bond conditions.

HB 1667

Sheriffs; qualifications; peace officer training requirements.

SB 458

Sheriffs; requirements; peace officer training; failure to complete.

SB 551

State Employees; payroll deductions; professional development.

HB 1455

State Employees; sick leave; utilization; affidavits; reports.

SB 53

State Employees; transacting business with mental health agencies.

SB 159

State Employees; voluntary charitable deductions; change definition.

HB 1439

State Regulatory Agencies; witnesses in civil actions; compensation.

SB 229

State School Superintendent; election by plurality of votes cast.

SR 536

State School Superintendent; limitation of terms of office.

SR 5

State School Superintendent; limitation of terms of office. .................... SR 140

Superior Court Judges and District Attorneys; annual salary.

HB 1395

Supreme Court Justices and Appellate Judges; increase annual salary.

HB 1398

Transportation Department; rename state highway engineer.

HB 1318

Traveling Expenses; use of personal vehicle; reimbursement rate.

HB 351

U.S. Senators and Representatives; limit terms of office.

SB 57

PUBLIC RECORDS

Documentation to Register to Vote; remove certain type of records.

HB 437

Documents, Forms; racial data; multiracial classification choice.

SB 149

Education Records of Children; parent's right to inspect and review.

SB 629

Inspection; applicable to certain local governmental associations.

HB 1313

Inspection; state agency lists of grants awarded.

SB 4

Inspection; state agency program operations; review data. ....................... SB 5

Inspection; state contracts; minority business participation data.

SB 207

Official Documents; English designated as official language used.

SB 127

Registrar Maintained by Sheriffs; ID of convicted sex offenders.

SB 339

Registrar Maintained by Sheriffs; paroled sex offenders.

HB 1229

PUBLIC RETIREMENT SYSTEMS STANDARDS LAW (See Retirement and Pensions)

PUBLIC SAFETY DEPARTMENT (Also See Motor Vehicles
or Law Enforcement) Application for Replacement Certificate of Title; fees for issuance. Driver Training Schools; monitor and report findings. Driver's License; expiration and renewal; minors; convicted felons.
Driver's License; issuance; applicant acknowledges DUI penalties. Driver's License; offices of examiners; voter registration places. Driver's License; permits, temporary licenses; redefine resident. Driver's License; probationary; issuance to DUI habitual violators. Driver's License; replacement; name or address change; time period. Driver's License Restoration; DUI Clinics; clarify authority. Driver's License; suspension; one year for teenage DUI violations. Driver's License; suspension; terms, conditions for DUI violators. Driver's License Test Site; Richmond County; property conveyance. Driver's License Test Site; Richmond County; property conveyance. Duties; submit licensed drivers data for compiling jury lists.

HB 1223 SB 245 SB 507
SB 402 SB 131 SB 518 HB 1471 SB 416 HB 1399 SB 406 SB 417 SR 548 HR 1001 SB 193

Refer to numerical index for page numbers

2500

JOURNAL OF THE SENATE

PUBLIC SAFETY DEPARTMENT (Continued)

Employees; participation in political activities.............................. HB 1333

Georgia Public Safety Training Center; appropriation of funds.

SB 65

Identification Cards; persons without driver's license; retail sales.

SB 541

Insurance; vehicles, motorcycles; driving without proof of insurance. .SB 579

Insurers; motor vehicle; circumstances not requiring certain notice. .SB 578

Law Enforcement Integrity Act; unauthorized use of terminology. ........... HB 1886

Law Enforcement Officers; complaints against; procedural criteria............. HB 397

Motor Vehicle Safety Responsibility Act; filing of accident reports. .......... HB 1653

Powers, Duties; effect of emergency powers of fire departments. ............. HB 1570

Records; electronic transmittal for vehicle insurance underwriting. ............. SB 613

State Troopers; charitable solicitations; reports; misrepresentation.

SB 611

Traffic Accident Reports; local law enforcement agency requirements.

HB 1386

Traffic Accidents; reporting property damage; investigations.

HB 1387

Uniform Division; career concerns of personnel; urge board review.

SR 319

Voter Registration Designated Agency; driver's license applications.

HB 1429

PUBLIC SCHOOL EMPLOYEES RETIREMENT

Creditable Service; claims; periods of temporary disability.................... HB 419

Retirees; 20 year employees; health insurance; monthly premiums.

SB 454

PUBLIC SCHOOLS (See Education or Schools)

PUBLIC SERVICE COMMISSWN

Businesses Regulated by Commission Which are Excluded Local Taxes.

HB 1613

Energy Qualifications and Overview Committee; establishment of.

SB 250

Limousine Carriers; registration; certificate of public convenience.

SB 317

Members; limitation of terms of office. ........................................ SR 5

Members; limitation of terms of office....................................... SR 140

Motor Common Carriers; definitions; exemption; ambulances, van pools. ...... HB 391

Motor Contract Carriers; exclusion; certain small buses for hire.

HB 1783

Regulated Utilities; special fee assessments; gas utility filings.

HB 1672

Revise Organizational Structure; create independent Utility Finance

Section; powers; duties; personnel qualifications.

SB 250

Telecommunication Services; regulatory, deregulation alternatives.

SB 566

Telecommunications Companies; caller access to live operators.

SB 539

Telecommunications "Superhighway" Infrastructure; study committee.

SR 551

Telecommunications Technology; study of local telephone services.

SR 614

Universal Service Fund; distance learning and telemedicine network.

HB 676

Utilities Notification Center; high-voltage lines; enforcement.

HB 1728

PUBLIC UTILITIES AND TRANSPORTATION (Also See Transportation)

Amateur Radio Operators; issuance one free special license plate.

HB 1221

Amicalola EMC Corporation; power line easement; Dawson County.

SR 467

Atlanta Gas Light; gas distribution line easement; Fulton County.

SR 467

BellSouth Telecommunications; easements; Miller, Fulton Counties.

SR 467

Businesses Subject Local Occupation Taxes; clarify exclusions.

HB 1613

Code Revision; Title 46; correct errors and omissions.

HB 1208

Distance Learning and Telemedicine Network; Universal Service Fund.

HB 676

Emergency 911 Telephone Charges; allocation and use of moneys.

SB 302

Energy; fuel consumption; urge reduce in state owned buildings.

SR 173

Energy Qualifications and Overview Committee; establishment of.

SB 250

Energy Resources; create new Division to manage within GEFA.

HB 1263

Gas Utilities; gas supply plan filings; adjustment factors.

HB 1672

Georgia Power Company; easement; Mclntosh, Glynn, Banks Counties.

SR 463

GTE Telephone Systems, South Area; easement; Tattnall County.

SR 463

Highways; isolated areas; provide for emergency call boxes.

SB 213

Jackson Electric Membership Corporation; easement; Gwinnett County.

SR 463

Refer to numerical index for page numbers

INDEX

2501

PUBLIC UTILITIES AND TRANSPORTATION (Continued)

Norfolk Southern Railroad Crew Switching Site; grant easement; Macon.

SR 467

Public Service Commission; reorganization; create independent Utility

Finance Section; powers; duties; personnel qualifications. .................. SB 250

Railroad Companies; criminal trespass or damage to property; fines.

HB 1220

Residential Water, Gas, Sewerage or Electricity; unpaid charges of

prior occupant; limited liens.......................................... HB 862

Rural Telephone Cooperatives; obsolete Acts based upon population.

SB 645

Solid Waste Facilities Operated by Utilities; permit modifications............ HB 1435

Telecommunication Services; alternative regulatory system; local

exchange services; competitive zones. ..................................... SB 566

Telecommunications Planning and Effective Use; committee to study.

SR 551

Telecommunications Technology; study of local telephone services.

SR 614

Telephone Operator Services; caller access to live operator.

SB 539

Utilities Notification Center; high-voltage lines; enforcement.

HB 1728

Utilities Regulated by Public Service Commission; special fees.

HB 1672

Utility Contracting; licensure; exemption; sanctions; bids.

HB 1596

Utility Contractors; licensing; certification of managers, foremen.

SB 425

Utility Contractors; managers, foremen; licensing; certification.

HB 1193

PULASKI COUNTY; chief magistrate; elections; referendum. ............... HB 1980

PUTNAM COUNTY

Ad Valorem Taxes; $10,000 homestead exemption; referenda.

HB 1648

Sheriff; compensation. ................................................... HB 1827

Tax Commissioner; annual salary. ........................................ HB 1829

Transfer from Oconee RDC to Middle Georgia RDC; ratify and approve.

HR 360

Q

QUALITY BASIC EDUCATION ACT (Also See Education) Alternative High School Programs Regardless of Age; diploma credit. Capital Outlay Funds; purpose of projects; entitlements; exceptional growth; sparsity grants; school mergers, closings; minimim size. Funding; advanced placement/AP exam fees; private school students. Funding Conditions; care, protection of textbooks, library books. Funding Conditions; protection of textbooks, library, media material. Funding; grants for private school tuition in lieu public education. Funding; guidance counselors in primary and upper elementary grades. Funding; instructional, operational costs; spending requirement. Funding; program weights; migrant student grants for schools. Funding; program weights; migrant student grants for schools. Kindergarten and First Grade Classes; reduce maximum class size. Local Fair Share Funds; equalization grants; calculation method. Local Fair Share Funds; equalization grants; calculation method. Local Fair Share Funds; grants; calculation; alternative method. Local Fair Share Funds; limitations on amount for any fiscal year. Local Fair Share Funds; replace with state funds and 1% sales tax. Local School Systems; budgets; change maximum spending requirements. Program Formula Components and Weights; urge task force to review. Purpose; additional goals, academic achievements by the year 2000.
Refer to numerical index for page numbers

SB 341
HB 1314 SB 515 SB 484 SB 526 SB 590 SB 204 SB 529 SB 647 HB 492 SB 216 SB 436 SB 101 SB 435 HB 282 SB 205
HB 1130 SR 183 SB 43

2502

JOURNAL OF THE SENATE

QUALITY BASIC EDUCATION ACT (Continued) QBE; accountability and evaluation of goals; commission to study. Revenue Sources; alternative to property tax; commission to evaluate. Special Education Programs for Intellectually Gifted; eligibility. Student Transportation Program; funding for bus driver drug testing.

HR 398 HR 91 HB 1768 SB 107

QUITMAN COUNTY; board of education; reconstitute; appoint superintendent. ................................................. HB 1882

R

RABUN COUNTY

Board of Commissioners; purchases; fiscal year and audits................... HB 2023

Clayton-Rabun County Water and Sewer Authority; financing projects.

HB 2005

Property Conveyance; Black Rock Mountain State Park; lease of land.

HR 859

Property Conveyance; Black Rock Mountain State Park; lease of

land; television translator tower.......................................... HR 861

Property Conveyance; Tallulah Gorge; state park project area.

SR 519

Rabun County Building Authority; creation.

HB 2011

RADAR SPEED DETECTION DEVICES; use on hills; admissible evidence.................................................................. SB 116

RAFFLES Nonprofit Organizations; authority to hold; amend Constitution. School organizations; proceeds benefiting students; licensing.

SR 107 SB 140

RAILROADS Criminal Trespass or Damage to Property; penalties; signage. CSX Transportation, Inc.; lessee of W&A Railroad right-of-way; Tunnel Hill; convey interest to state. Motor Fuel Tax Revenues for Railroad Passenger Service Construction. Norfolk Southern Railroad; Macon train crew switching site; easement. Norfolk Southern Railroad; welding plant site; property disposition. Property Conveyance; W&A Railroad right-of-way; City of Kennesaw. Rail Passenger Projects; Georgia Transportation Authority; creation. W&A Railroad Right-of-Way; Whitfield County; renewal of lease.

HB 1220
SR 500 SR 382 SR 467 SR 462 HR 818 SB 328 SR 469

RALSTON, DAVID; birthday congratulations. ............................... SR 643

RALSTON, SENATOR DAVID; excused from voting on. ......... HB 1710 Page 1550

RAMSEY, T. P.; designate bridge for; Murray County.

SR 453

RANDOLPH COUNTY Board of Commissioners; election districts; reapportion. Board of Education; reconstitute; members; election districts; appointment of school superintendent.

HB 1583 HB 1445

RANDOLPH, MATTHEW; National 4-H Champion; commend.

SR 419

RAPE Adult Violent Felon; 3rd conviction; no pardon, parole, work release. Convicted Sex Offenders of Minor-age Victims; parole conditions. Crimes Considered Pattern of Criminal Gang Activity; offense of rape. Persons Convicted; mandatory punishment; 2nd offense, no parole.

SB 483 HB 1229
SB 460 SR 395

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INDEX

2503

RAPE (Continued)

Victims Under Age of 16 years; redefine statutory rape. ..................... .SB 557

Violent Felony Acts; mandatory sentencing and punishment.

SB 441

RAWLINGS, JENNIFER; All-America High School Soccer Player; recognize. SR 596

REAL ESTATE (Also see Property or Professions) Appraisers; appointment as arbitrators; appeals of ad valorem taxes. Appraisers; certification; grounds for refusal; temporary permits. Brokerage Firms; licensees; conduct; affiliates; commission fees. Commercial, Industrial Property Sales; environmental site assessment. County Ad Valorem Appraisal Staff; exempt appraiser licensure. Home Inspectors Licensing Regulation Act; enact. Home Inspectors; require furnish specific information in writing. Housing AfTordability Impact Note Act; legislation explanatory note. Housing; elimination of barriers to affordable housing; study of. Loans; residential mortgage lenders, brokers; regulation, licensing. Loans; secured residential property; interest rate, fees; regulate. Mortgage Lenders and Brokers; licensing requirements; exemptions. Residential Subdivisions, Condo Developments; ownership of amenities. Security Instruments; intangible recording tax payments.

HB 1504 HB 1226 HB 1227
SB 652 SB 266 SB 330 SB 143 SB 591 SR 406 SB 106 SB 105 HB 1636 SB 194 HB 1642

REAPPORTIONMENT House of Representatives; composition; change 14 districts. Senate, House of Representatives; certain districts; new description. Senatorial Districts No. 21, 32, 42, 53 and 54; change composition.

HB 1554 SB 553 SB 361

RECYCLING; yard trimmings; burning or burying in landfills; prohibited.

SB 289

REEVES, DAN; New York Giants Head Football Coach; commend.

SR 454

REFUGEES MAKING HOMES IN GEORGIA; commend contributions. SR 510

REGIONAL DEVELOPMENT CENTERS

Board of Directors; membership; one nonvoting member; powers.

HB 1482

Central Savannah River; transfer of certain counties into; ratify.

HR 360

Contracts With State Agencies; extraterritorial activities.

HB 1482

Middle Georgia Center; transfer of certain counties into; ratify. .............. HR 360

Nonprofit Corporations Created to Service Programs; audits.

HB 1482

Oconee Center; boundaries; transferral of certain counties. ................... HR 360

Territorial Boundaries; relocating certain counties in 13 regions.

HB 1178

REMEDIES FOR RESIDENTS OF PERSONAL CARE HOMES ACT; enact. .................................................. SB 651

RENTAL TRANSACTIONS Landlord Dispossessory Proceeding Against Tenant With Minor Child. Liens on Vehicles, Trailers; invalid security interests. Residential Rental Property; management companies; business office. Residential Rentals; prospective tenant's application fees; refunds. Theft by Conversion; failure to return rental or leased property. Watercraft; rent, lease, let for hire; minors; age restrictions.

SB 482 SB 514 SB 481 SB 476 HB 1358 SB 601

RESTAURANTS (See Food Service Establishments)

RETIRED PERSONS ASSOCIATION, AARP, GROUP introduced ............................................................. Page 580

RETIREMENT AND PENSIONS Code Revision; Title 47; correct errors and omissions. District Attorneys; retirees; private practice; repeal prohibition.

HB 1218 SB 349

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2504

JOURNAL OF THE SENATE

RETIREMENT AND PENSIONS (Continued)

District Attorneys' System; allows retirees be appointed to serve.

HB 1662

District Attorneys' System; increased benefits; certain members.

HB 804

Employees' Retirement; creditable service; military reservists.

HB 158

Employees' System; benefits; members subject involuntary separation.

HB 1576

Employees' System; creditable service; forfeited leave provisions.

HB 260

Employees' System; creditable service; former employees of county

hospital authorities. .................................................... HB 807

Employees' System; creditable service; military service during WW II.

SB 255

Employees' System; creditable service; secretaries; superior courts.

HB 633

Employees' System; creditable service; secretary to superior

court judge or district attorney.

SB 378

Employees' System; creditable service; temporary disability period.

HB 419

Employees' System; deceased retirees; unpaid member contributions.

HB 670

Employees' System; members; Mental Health Community Service Boards.

SB 511

Employees' System; members; Mental Health Community Service Boards.

SB 603

Employees' System; membership; county juvenile detention employees.

SB 211

Employees' System; membership; employees of county department of

family and children services.

HB 1153

Employee's System; membership; employees of Indigent Defense Council.

HB 192

Employees' System; membership; employees of Lake Lanier

Islands Development Authority. .......................................... SB 377

Employees' System; membership; Georgia Music Hall of Fame Authority.

HB 632

Employees' System; membership; options for transferred employees

of county juvenile detention, probation systems. .......................... HB 671

Employees' System; rights, benefits of transferees to newly

created Division of Energy Resources within GEFA....................... HB 1263

Employees' System; service credit; agricultural commodity commission.

HB 959

Employees' System; service credit; Agrirama Development Authority.

HB 685

Federal Retirees; urge refunds of income taxes paid on pensions.

SR 584

Firemen's Pension Fund; prior eligible service credit; requirements.

SB 303

Firemen's Pension Fund; requirements; repeal certain exemptions.

HB 234

Firemen's Pension Fund; vested rights; redefine eligible firemen.

SB 82

Firemen's Pension Fund; volunteer firemen; attendance at drills. .............. SB 583

Georgia Defined Contribution Plan; voluntary employee membership.

SB 251

Income Tax Deductions; retirement income exclusion increased. .............. HB 596

Income Tax Payments; pension, annuity distributions; withholding.

HB 1363

Legislation; fiscal bills; actuarial studies; change reference.

HB 1793

Peace Officers Fund; benefits; vesting; reduce eligibility age.

HB 495

Peace Officers Fund; members; corrections officers, supervisors................ HB 498

Probate Court Judges Fund; dues payments; prior service credit.

HB 1091

Probate Court Judges Fund; members; retirement at age 55. ................ HB 1090

Public Employee Retirement Credit; periods of temporary disability.

HB 419

Public School Employees; periods of temporary disability.

HB 419

Public School Employees; retirees; health insurance coverage.

SB 454

Regents Plan; employee contributions; percentage of compensation.

HB 1723

Sheriffs' Fund; increase member dues; increase benefits amounts.

HB 499

Sheriffs' Fund; previous members; renewal of membership.

HB 500

Superior Court Clerks' Retirement Fund; members; increased benefits.

HB 763

Superior Court Judges; postretirement; cost of living increases.

HB 1586

Superior Court Judges; spousal benefits; rejected coverage.

SB 253

Superior Court Judges; suspension of benefits; rights of retirees.

HB 147

Teachers; creditable service; pregnancy; reestablishing credit.

HB 230

Teachers Retirement; annuity savings; percentage of salary.

HB 1383

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INDEX

2505

RETIREMENT AND PENSIONS (Continued)

Teachers Retirement; contributions; Fulton County employee transfer.

HB 913

Teachers Retirement; creditable service; temporary disability period.

HB 419

Teachers Retirement; transfer of membership; employees of Department

of Technical and Adult Education. ...................................... HB 323

Trial Judges and Solicitors Fund; benefits; rights of retirees.

HB 147

Trial Judges and Solicitors Fund; contributions; spouse benefits.

HB 1020

REVENUE AND TAXATION

Ad Valorem; adjustments in millage rates; taxing jurisdiction duties.

HB 554

Ad Valorem; aircraft; return in county of primary home base.

HB 1654

Ad Valorem; appeals; temporary tax bills pending outcome; interest.

HB 1207

Ad Valorem; assessments; appeal procedures; response timing; filing.

HB 1436

Ad Valorem; assessments; changing valuation established on appeal.

HB 1196

Ad Valorem; certification of payment; mobile, manufactured homes.

HB 1233

Ad Valorem; county appraisal staff; exempt commercial licensure.

SB 266

Ad Valorem; county board of tax assessors; ineligible members. ............. HB 1693

Ad Valorem; county boards of equalization; appraisal training.

HB 1506

Ad Valorem; delinquent taxes; demand for immediate payment or bond.

HB 1267

Ad Valorem; enterprise zones; property exempt county, municipal tax.

SB 166

Ad Valorem; enterprize zones; different tax treatment of property.

SR 206

Ad Valorem; exemption; blueberry plants; county referendum approval.

HB 664

Ad Valorem; exemption; headquarters, certain veterans organization.

HB 1297

Ad Valorem; exemption; housing developed for low-income persons.

SR 407

Ad Valorem; homestead exemption; file date; ineligible tax assessors.

SB 472

Ad Valorem; homestead exemption; improper filing; surviving spouse.

HB 835

Ad Valorem; Homestead Option Sales Tax Act............................. HB 1222

Ad Valorem; hospital authorities; privately leased floor space.

HB 674

Ad Valorem; mobile homes; moving without required decals; penalties.

SB 209

Ad Valorem; payments by state in lieu of taxes for municipal service.

SB 685

Ad Valorem; property assessment; appeals; written decisions, reasons.

HB 328

Ad Valorem; property assessment; limit percentage of increases.

SR 92

Ad Valorem; property assessment; taxpayer appeals; change procedures.

SB 296

Ad Valorem; property conservation use covenants, table of values,

charitable transfers; delinquent taxes, amnesty program..................... SB 506

Ad Valorem; property located in enterprise zones; classification.

SR 495

Ad Valorem; property taxes; study of barriers to affordable housing.

SR 406

Ad Valorem; property value; fair market value; existing use; timber.

SB 233

Ad Valorem; property values; conservation use covenants; transfers.

HB 1760

Ad Valorem; replace education funding with 1 % statewide sales tax.

SR 525

Ad Valorem; school funding; replace local tax with state sales tax.

SB 205

Ad Valorem; sharing of tax proceeds to develop regional facilities.

SR 203

Ad Valorem; state and county taxes; homestead exemption;

certain age, income; state-wide referendum.

SB 394

Ad Valorem; tax assessors; taxpayer notices; arbitration appeals.

HB 1504

Ad Valorem; tax collector, commissioners; final settlement period.

HB 567

Ad Valorem; tax executions; recording on general docket.

SB 534

Ad Valorem; tax receivers; duties; certification of tax digests.

SB 659

Ad Valorem; vehicle registration; false statements; penalties.

HB 1214

Alcoholic Beverages; sellers, users; increase taxes, fees; purpose.

SB 228

Appropriations Bills; reduction in whole or in part by Governor.

SR 27

Appropriations; board of regents; restriction on use of funds.

HR 555

Appropriations; board of regents; restrictions on use of funds.

HB 1149

Appropriations; continuation budget; analysis of agency programs.

SB 188

Appropriations; education; mandatory funds; exclude lottery proceeds.

SR 91

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2506

JOURNAL OF THE SENATE

REVENUE AND TAXATION (Continued)

Appropriations; expenditure limitations; excess revenues in reserve

fund; emergency spending; costs imposed local governments.

SR 148

Appropriations; General; State FY 1994-1995.

HB 1375

Appropriations; midyear adjustment; revenue shortfall reserve.

SB 561

Appropriations, Supplemental, SFY 1993-1994.

HB 1296

Appropriations; supplementary Acts by General Assembly not authorized.

SR 63

Appropriations; supplementary Acts increasing expenditures; prohibit.

SR 539

Bills for Raising Revenue; appropriations; approval requirements.

SR 94

Bills for Revenue; taxes, fees, assessments; approval requirements.

SR 65

Bond Financing; public projects; state, local indebtedness; study of.

SR 37

Budgetary Responsibility Act of 1993; review of state agency programs.

HB 41

Business and Occupation Tax; alcoholic beverage dealers; licenses.

SB 228

Businesses Subject Local Occupation Taxes; clarify exclusions.

HB 1613

Child Care Tax Credit for Employer Provided or Sponsored Programs.

HB 1527

Code Revision; obsolete Acts based population classification; repeal.

SB 645

Code Revision; Title 48; correct errors and omissions.

HB 1208

Coin Operated Amusement Machines; master license fees; annual permit. . HB 800

Commissioner; authority; change taxable income deductions. ................. HB 596

Commissioner; powers, duties; Business Expansion Support Act.

HB 1527

Educational Services; financing, costs; committee to study.

SR 387

Excise Taxes; alcoholic beverages; increase; public safety purposes.

.SB 228

Excise Taxes; alcoholic beverages; use of proceeds; Richmond County.

HB 2009

Excise Taxes; hotel-motel; restrict use of proceeds; certain purpose.

SB 658

Excise Taxes; imposition; use of facilities at certain state parks............... HB 954

Excise Taxes; motor fuel; compressed natural gas; measure by gallon.

.SB 141

Federal Tax Structure; urge Congress prohibit retroactive taxation. ............ SR 585

Federal Taxes Imposed Before Date of Tax Enactment; petition to

call constitutional convention to prohibit. ................................. SR 517

Fees; Jekyll Island-State Park Authority; limitation on increases.

SB 147

Fees; license plates; special; repeal additional registration fees.

SB 138

Fees, Taxes, Assessments; authorization; amend Constitution. ................... SR 6

Governmental Services; savings from privatization; study of. ................... SR 66

Income Tax; adopt definitions, conform to federal income tax laws........... HB 1361

Income Tax; credit; persons quaifying as a rural physician. ................... SB 714

Income Tax; deductions; dependent exemption; retirement exclusion.

HB 596

Income Tax; delinquent; levy depositor's bank account; methods.............. HB 275

Income Tax; imposed upon nonresident winners of lottery prizes. ........... HB 1368

Income Tax; refunds; contributions to Natural Disaster Relief Fund. ........ HB 1705

Income Tax; withholding; lottery prizes awarded of $5,000. or more.

HB 1369

Income Tax; withholding; pension, annuity distributions.

HB 1363

Income Taxes; dependent exemption increased; retirement income

exclusion raised; reduced wage withholdings.

HB 596

Income Taxes; urge refund tax collected on federal retiree pensions.

SR 584

Insurance Premium Taxes Supporting Firemen's Pension Fund; clarify.

SB 82

Intangible Recording Tax; collection officer; counties of 50,000.

HB 1642

Job Tax Credits; economic development incentives; study of................... SR 333

Job Tax Credits; procedures; joint development authorities.

HB 1764

Job Tax Credits; qualified counties; state facility locations.

HB 1810

Job Tax Credits; qualifying counties designated less developed area.

HB 1527

Job Tax Credits; qualifying regional development facilities.

SR 203

Liens for Taxes; priority; property condemned for urban development.

HB 989

Local Option Sales Tax; county road projects; excess tax proceeds.

SB 543

Local Option Sales Tax; joint county and municipal; renegotiation.

HB 1489

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INDEX

2507

REVENUE AND TAXATION (Continued)

Local Option Sales Tax on Public Accommodations; use of proceeds. ........ HB 1241

Local School Boards; state regulatory involvement; study committee.

SR 389

Lottery Proceeds; appropriations requests in budget report.

SB 593

Lottery Proceeds; budget report; additional information required.

.SB 595

Lottery Proceeds; programs started; use of general funds restricted.

SB 710

Lottery Proceeds; require monthly transfers of net proceeds; report. .SB 594

Lottery Proceeds; scholarship funds; reserves to meet deficiencies.

SB 711

Lottery Proceeds; shortfall reserve subaccount; deposit of funds.

SB 452

Motor Fuel Tax; additional purposes; rapid transit systems and passenger railroad services. .......................................... SR 382

Motor Fuel Tax; compressed natural gas; measure by gallon................... SB 141

Motor Fuel Tax; nonhighway use exemption certificate; false claims.......... HB 1517

Motor Vehicles; abandoned derelict vehicles; disposition; notices. .............. SB 340

Persons Ineligible for Public Office; defaulter for legal taxes................... SB 426

Property Sold for Taxes; redemption price; change amount required.

HB 565

Property Tax Amnesty Program Act; local tax enforcement program. .......... SB 506

Revenue Bonds; issuance by Georgia Sports Hall of Fame Authority. ........ HB 1187

Revenue Bonds; issuance; Upper Oconee Basin Water Authority.

HB 1514

Revenue Structure, Joint Study Commission; re-creation. .................... HR 662

Sales Tax; claims for refunds; taxes paid casual sales of vehicles. .............. SB 428

Sales Tax; exemption; Business Expansion Support Act of 1994.

HB 1527

Sales Tax; exemption; certain agricultural commodities, truck crops.

HB 786

Sales Tax; exemption; international shipping cargo containers.

HB 1561

Sales Tax; exemption; off-road equipment used in timber production.

HB 1762

Sales Tax; exemption; public or private school athletic events. ............... HB 562

Sales Tax for Education; impose state-wide 1% replacing ad valorem.

SR 525

Sales Tax; joint city-county; renegotiated proceeds distribution. ............. HB 1489

Sales Tax; local option; special 1% to fund homestead exemptions.

HB 1222

Sales Tax; school funding; 1% increase state tax; replace local tax. ............ SB 205

Sales Tax; special; county road projects; proceeds in excess of cost.

SB 543

Sales Tax; special county 1%; waste collection and disposal.

HB 1704

Special Agents, Enforcement Officers; weapon and badge retention.

HB 311

State Agencies; budgets; program reviews; performance audits; reports.

HB 41

State Funds; education appropriations; require at least 50% budgeted.

SR 413

State Mandated Programs Necessitating Additional Local Revenue

Expenditure Prohibited; amend Constitution. .............................. SR 383

State Property Exempt Taxation; municipal services costs; study of.

SR 550

State Taxes, Fees, Charges or Assessments Imposed by General Assembly;

vote required; amend Constitution. ....................................... SR 384

Tax Assessors; county boards; members; term of office. ....................... SB 158

Tax Collectors; compensation; minimum annual salaries..................... HB 1710

Tax Commissioners, Collectors; salaries; increase minimum amount. ........... SB 282

Tax Executions; demand for immediate payment or bond; findings........... HB 1267

Tax Executions; excess funds unclaimed for 7 years; disposition.

SB 612

Tax Executions; personal property; time of issuance; notices.

HB 1268

Tax Revenue; analysis of structure, sources; commission to study.

HR 91

Taxes, Fees, Assessments; requirements of General Assembly to enact.

SR 6

Vehicle Licensing, Registration, Titling; modernize; electronic format;

redefine resident for license purposes...................................... SB 518

Vehicle Registration; certificate of title replacement; fees.

HB 1223

Vehicle Registration; timing of certificate of title application.

HB 1235

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2508

JOURNAL OP THE SENATE

REVENUE BONDS

Bond Financing; public projects; state, local indebtedness; study of.

SR 37

Georgia Airport Development Authority; issuance; voting quorum.

SB 624

Hazardous Waste Sites; corrective actions; issuance of public debt.

SB 698

Issuance; financing state Sports Hall of Fame facility. ...................... HB 1187

Issuance; Upper Oconee Basin Water Authority.

HB 1514

Local Taxing Jurisdictions; use of certificates of participation. ................ SR 385

State Debt; authorize to mitigate dangers of hazardous waste sites.

SR 546

REYNOLDS, STEVE; elected to State Transportation Board ................ Page 80

RHODES MEMORIAL HALL; Atlanta historic landmark; committee to study. ....................................................... SR 485

RICEBORO; joint city-county fire protection authority.

HB 1894

RICHARD B. RUSSELL LAKE; sublease of Beaverdam Marina Property. . HB 1372

RICHMOND COUNTY
Ad Valorem; school taxes; homestead exemption; elderly; referendum. Board of Education; budgeting; budget presentation deadline. Civil Court; chief judge; powers, duties; transfer of cases. Excise Tax on Alcoholic Beverages; purposes; coliseum, civic center. Juvenile Court; intake, probation services; transfer state system. Property Conveyance; Phinizy Road; minor league baseball facility. Property Conveyance; Phinizy Road; minor league baseball site. Retirement Plans; transferred juvenile probation employees; options. State Court; additional judge; chief judge.

SB 405 HB 1867 HB 2048 HB 2009
SB 366 HR 1001
SR 548 HB 671 HB 2022

RIDE-SHARING PROGRAMS; commuters; state employees; car-pools, flex-time. ...................................................... SB 124

RIOTS; restrict activities of Georgia National Guard.

HB 1600

RIVERWOOD HIGH SCHOOL INTERNATIONAL STUDIES MAGNET PROGRAM; recognize.

SR 659

ROBBERY AND ARMED ROBBERY (Also See Crimes)

Adult Violent Felons; no pardon, parole or work release. ..................... SB 483

Offense of Vehicle Hijacking by Force or Violence; felony penalty.

HB 1080

ROBINSON, MONNA; recognizing.......................................... SR 615

ROBINSON, SENATOR PETE; elected Senate President Pro Tempore ...... Page 24

ROCKDALE COUNTY Designate; Clarence R. Vaughn, Jr. Freeway on 1-20; repeal 1992 Act. Rockdale County School System 100th Anniversary; recognizing.

SR 376 SR 410

RONALD E. MCNAIR HIGH SCHOOL, JUNIOR ROTC; recognizing.

SR 577

ROOFING CONTRACTORS; regulate; create new licensing division. .......... SB 190

ROWLAND, CONGRESSMAN ROY; introduced, remarks

Page 448

RULES OF THE SENATE; Adopted...................................... Page 24

RURAL AREAS Alternative Community Hospitals; licensing; acute care services. Health Care for Rural and Underserved Georgians Day; recognizing. Health Care Providers; cooperative agreements among or between. Health Care Providers; cooperative agreements for public advantage. Health Manpower Shortage areas; rural physicians; income tax credit. Medically Undeserved Areas; use of National Guard medical personnel.

SB 334 SR 489 SB 673 HB 1825 SB 714 HB 1684

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INDEX

2509

RURAL AREAS (Continued) Wastewater Treatment; operators; classify very small public systems.

HB 1536

RUSHING, MRS. NANCY L'BERTIE, 100TH BIRTHDAY; honoring. . .... SR 545

SADOMASOCHISTIC ABUSE; Crime of Public Indecency; certain sexual acts......................................................... SB 320

SAFETY BELTS (See Seat Safety Belts or Motor Vehicles)

SALES AND USE TAXES (Also See Revenue and Taxation)

Authorization for State Purposes or Increasing; requirement to enact.

SR 6

Business Expansion Support Act of 1994; enact.

HB 1527

Claims for Refunds; taxes collected on casual sales of vehicles. ................ SB 428

Exemption; international shipping cargo containers and chassis. ............. HB 1561

Exemption; manufacturing machinery. .................................... HB 1527

Exemption; material handling equipment; warehousing, distributing.

HB 1527

Exemption; off-road equipment used in timber production. ................. HB 1762

Exemption; sale of electricity used in manufacture of a product.

HB 1527

Exemption; sales by producers to consumer; fruits, nuts, vegetables,

Vidalia onion or truck crops............................................. HB 786

Exemption; school athletic events; sales of concessions, tickets.

HB 562

Homestead Option Sales Tax to Fund Exemptions From County Taxes.

HB 1222

Joint County and Municipal; expiration; renegotiation of tax proceeds

distribution; conflict resolution methods. ................................ HB 1489

School Funding; additional 1% state sales tax; replace local funding.

SB 205

Special County 1%; waste handling facilities; imposition procedures.

HB 1704

Special Purpose County; road projects; tax proceeds excess of costs.

SB 543

Statewide 1% Sales Tax Exclusively for Education; amend Constitution.

SR 525

SALIBA, HERBERT A.; designate bridge in honor of; Dooly County.

HR 773

SALTWATER RECREATIONAL FISHERIES ADVISORY COMMISSION; creation. ................................................ SB 272

SANDY SPRINGS, CITY OF; incorporation; charter; boundaries; powers.

SB 155

SAPELO ISLAND Natural Resources Department; employing certain part-time workers. Power line easement area granted to Georgia Power Company.

HB 1651 SR 463

SAVANNAH, CITY OF Board of Education; election districts; change composition. Board of Tax Assessors; abolition of joint city-county board. Georgia International and Maritime Trade Center; project approval. Savannah River; boundary area between Georgia and South Carolina. St. Patrick's Day Parade Committee and Grand Marshall; commend.

SB 656 SB 516 SB 415 SB 572 SR 594

SAVE OUTDOOR SCULPTURE, GEORGIA; commend.

SR 622

SAVINGS AND LOAN ASSOCIATIONS (Also See Banking and Finance) Depositories for Public Funds; county moneys, school district moneys. Loans or Advance of Money; interest, fees; maximum rate allowed.

SB 537 SB 313

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2510

JOURNAL OF THE SENATE

SCHLEY COUNTY-ELLAVILLE CHARTER COMMISSION; completion time. ........................................................ HB 1598

SCHOOL CHOICE; joint committee to study private school tuition grants.

SR 373

SCHOOL SAFETY AND JUVENILE JUSTICE REFORM ACT; enact. SB 440

SCHOOLS (Also See Education or Colleges and Universities or Teachers)

Academic Deficiencies; 50 % of students not passing graduation

exam; state to takeover management. ..................................... SR 427

Academic Olympic Challenge; urge motivate faculty, students, parents.

SR 189

Affiliated Organizations; operation of raffles, casino gambling. ................. SB 140

Alternative High School Programs Regardless of Age; diploma credit. .......... SB 341

American Heritage Education Act; prohibit content based censorship........... SB 424

Athletic Events; concessions, tickets; sales tax exemption..................... HB 562

Bus Drivers or Food Service Personnel; local salary supplements............. HB 1177

Capital Funding; exceptional growth entitlements; projects involving

school closings. ....................................................... HB 1314

Carrying of Bludgeon-type Weapons on School Property Illegal. ............. HB 1100

Carrying of Weapons at School Functions; felony penalty; seizure. ............. SB 510

Charter School Programs; grants; organization and operation of................. SB 79

Charter Schools; measuring outcome based academic objectives. ............... SB 662

Children at Risk; multiagency intervention plan; staffing; referral. ............. SB 560

Classroom Teachers; duty-free lunch period grades K through 12. ............. SB 531

Classrooms; period of silent reflection or meditation. ......................... SB 532

Classrooms; students begin day with period of quiet reflection. ................ SB 396

Crime-free Schools; suspension of juveniles arrested felony offense.

SB 701

Curriculum; defined foundation of core knowledge; committee to study.

SR 388

Daily Recitation; Pledge of Allegiance to U.S. flag; exception.

SB 631

Damaging Property or Theft; offense of criminal trespass; penalties.

SB 42

Education Accountability and Evaluation Commission. ...................... HR 398

Education; additional goals, academic achievements by the year 2000. .......... SB 43

Enrollment; kindergarten or first grade; age of 5 years. ....................... SB 577

Environmental Education Materials, Programs; committee to study. ........... SR 512

Evaluations; standards review; exempt high achieving schools.................. SB 436

Firearms Possession; exemptions for certain official persons.

HB 1209

Food Service; nutrition policy for school meals; urge adoption.

SR 610

Grades; uniform reporting system; college loans, grants criteria.

SB 513

Graduating Seniors; final grade average; uniform reporting system,

HB 1326

Health Services; committee to study needs, issues, providers.

SR 553

Health Services for Students; illness prevention through screenings.

SB 690

In-school Suspension Classes; qualifications of persons in charge.

SB 44

Kindergarten and First Grade Classes; reduce maximum class size.

SB 216

Libraries or Media Centers; determining books harmful to minors.

HB 1950

Local Boards; state regulatory involvement; committee to study.

SR 389

Primary and Upper Elementary Grades; funding for guidance counselors.

SB 204

Public; comprehensive evaluations; exemption; certain accreditation.

SB 40

Public School Employees; retirees; health insurance; premiums.

SB 454

QBE; local fair share funds; calculation; alternative method.

SB 435

QBE; program formula components, weights; urge task force to review.

SR 183

Safety; weapon-free, violence-free zones; prohibited criminal acts.

SB 440

Sales of Alcoholic Beverages Within Certain Distance Prohibited. ............. SB 301

School Breakfast Programs for Students in Grades K-8; establish.

HB 1557

School Buses; equipment on new buses; seat safety belts required.

SB 447

School Choice; private school tuition grants; Parent Freedom Act.

SB 590

School Food Service Association, Georgia; commend. ......................... SR 625

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INDEX

2511

SCHOOLS (Continued)

Student Assessment; curriculum-based assessment results; disclosure. ........... SB 59

Student Education Records; parent's right to inspect and review.

SB 629

Student Performance; accountability of State Department of Education.

SR 387

Students; attendance problems; driving privileges suspended.

SB 168

Students; chronic disciplinary problems; behavioral correction plans.

SB 395

Students; unexcused absences, academic deficiencies; driving

privileges revoked.

SB 198

Summer Opportunity Program; student teachers; multisystem contracts.

HB 1130

Teachers and Other School Personnel; employment contracts. ................. SB 290

Textbooks in Any Medium, Print or Nonprint; state board to regulate.

HB 1702

Textbooks, Library Books; lost or damaged; replacement policies. ............. SB 484

Textbooks, Library or Media Materials; lost or damaged; restitution.

SB 526

Traffic Safety; crossing guards; county to provide and compensate.

SB 722

Unpaid Volunteers Serving School Sponsored Functions; tort immunity. .SB 41

Voter Registration; deputy registrar designees. .............................. HB 297

SCOGGINS, NELSON O.; claims against the state; compensate.

HR 906

SCOTT, DR. JULIUS S.; President of Paine College; recognize.

SR 428

SCOTTISH BORDERS ENTERPRISE; recognizing.

SR 474

SEAMLESS EDUCATION SYSTEM STUDY COMMITTEE.

SR 567

SEAT SAFETY BELTS (Also See Motor Vehicles) Child Passengers Under Age 16; restraining devices requirements. Passenger Vehicle Requirements; pickup trucks carrying minors. School Buses; equipment on buses purchased after July 1, 1996.

SB 6 HB 1486
SB 447

SECHLER, CONRAD J.; recognizing. ...................................... SR 624

SECRETARY OF STATE

Cemeteries; registration; exempt cemetery of historical significance.

HB 641

Charitable Solicitations; registration of law enforcement entities. .............. SB 611

Duties; registration and voting; posting of official lists; dates.

HB 897

Duties Under 1993 National Voter Registration Act. ....................... HB 1429

Election as Constitutional Officer by Majority Votes Cast. .................... SB 680

Election by Plurality of Votes Cast; amend Constitution. ..................... SR 536

Elections; campaign contribution disclosure reports; late fees.

HB 171

Elections; party nominations; qualifying petitions; cards; content.

HB 606

Elections; primaries; voting for candidate of any political party.

SB 160

Elections; withdrawal of nominated candidates; affidavit; procedures.

HB 376

Limited Liability Companies; partnerships; documents, instruments.

HB 1502

Regulatory Powers; enforcement of rules relative telemarketing. ............... SB 567

Remove Membership on State Properties Commission. ...................... HB 1616

Remove Membership State Indemnification Commission. ................... HB 1617

Securities; filing; state participate intrastate electronic system. .............. HB 1727

State Agencies; filing lists of grants awarded; public inspection.

SB 4

Terms of Office; limitation; amend Constitution. ............................... SR 5

Terms of Office; limitation; amend Constitution.

SR 140

Uniform Partnership Act; foreign limited liability partnerships.

HB 1813

SECURITIES

Corporate Finance; insurance, banks, trust companies; stock issuance.

SB 694

Documents or Records; filing; electronic central depository.

HB 1727

Limited Liability Companies; regulation of................................. HB 1727

Pensions, Annuities, Similar Funds; withholding income tax payments.

HB 1363

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2512

JOURNAL OF THE SENATE

SEED ARBITRATION COUNCIL; creation; provide rule-making powers. . HB 1641

SELLING AND OTHER BUSINESS PRACTICES Alcoholic Beverages; sales near church, school or treatment centers. ........... SB 301 Alcoholic Beverages; sales of distilled spirits; container sizes.................. HB 912 Alcoholic Beverages; sales on Sundays; authority of municipalities. ............ SB 314 Automobile Insurers; glass replacement, repair work; prohibited acts. ........... SB 47 Consumer Crimes Against Elderly or Disabled; violations; penalties. .......... HB 193 Emergency Disaster Areas; after-disaster price increases prohibited. .......... HB 173 Firearms; dealers; purchaser warning; access to children........................ SB 68 Firearms; dealers; purchaser warning; unsafe storage of loaded guns. ........... SB 360 Firearms; unlawful sales; trigger activator firing devices. ...................... SB 474 Flea Market Vendors; recording property offered for retail sale. ............. HB 1195 Fraudulent Attempts to Obtain Refunds; giving false information. ...... HB 1378 Fruit, Nuts, Vegetables, Vidalias, Truck Crops; exempt sales tax.............. HB 786 Glass Replacement Businesses; provide insured certain information. ...... SB 47 Innkeepers; contracts; guest rooms; assigned time period; liability. ............. SB 536 Insurance Companies; unfair practice; use of genetic information............... SB 704 Lottery Game Retailers; penalties for sales to minors. ...................... HB 1503 Lottery Retailers; qualifications; restored rights after criminal conviction. HB 1379 Prescription Drugs; anticompetitive price controls prohibited. ................. SB 522 Residential Property, Condos; amenities; misrepresenting ownership............ SB 194 Retail Businesses; emergency disasters; price increases prohibited. ............ HB 173 Retail Installment, Revolving Accounts; written agreements; payments. ...... SB 696 Ticket Agents; amusement, entertainment admission; service charges. .......... SB 309 Trade Secrets; offense of theft; expand definition; penalties. .................. SB 224

SELPH, SHIRLEY; claims against the state; compensating................... HR 339

SENATE

Adopt Rules for 1994 Session............................... SR 371

Amend Rules; bills, resolutions held in committees for 10 days. ............... SR 527

Amend Rules; decorum; use of cellular telephones prohibited. ................. SR 482

Amend Rules; favorably reported bills, resolutions; placement

on Rules Calendar....................................................... SR 430

Amend Rules; general bills, resolution; placement after 35th day............... SR 526

Amend Rules; initiation of complaints to Committee on Ethics;

bills, resolutions laid on table on 39th day................................. SR 581

Amend Rules; Standing Committees; number of members; change listing. ...... SR 494

Bills for Raising Revenue; approval by two-thirds of elected members. .......... SR 65

Bills for Raising Revenue or Appropriating Money; requirements.

SR 94

Committee of the Whole, met Page 195

Confirm Governor's Appointees to State, Superior, Appellate Courts.

SR 429

Ethics Committee; subpoena powers; telephone conferences.

HB 1594

Fiscal Notes; time of requesting, preparation and consideration.

HB 1274

Introduction of Bills Imposing Unfunded Costs on Local Governments.

SB 661

Introduction of Jointly Sponsored Bills and Resolutions; procedures.

SB 444

Legislation Affecting Residential Housing Affordability; impact note.

SB 591

Legislative Counsel; distribute state agency proposed regulations............... SB 457

Local Legislation; notice of intention; affected governing authority.

SB 607

Members and Lt. Governor; limitation of terms of office. ....................... SR 5

Members and Lt. Governor; limitation of terms of office. ...................... SR 90

Members and Lt. Governor; limitation of terms of office. ..................... SR 140

Members; limit to four-terms of office; amend Constitution.................... SR 414

Members; limit to six consecutive terms of office. ............................. SR 17

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INDEX

2513

SENATE (Continued)

Morning Roll Calls................... Pages 23, 53, 68, 78, 99, 111, 139, 158, 192, 259,

283, 317, 354, 381, 487, 534, 563, 620, 640, 679, 716, 762, 797,

860, 905, 948, 997, 1037, 1073, 1136, 1173, 1236, 1278, 1343, 1435

Notify Governor; General Assembly convened.

HR 652

Notify House; Senate Convened. ........................................... SR 372

Paper Conservation; committee to study convert to letter size paper.

SR 599

Prefiling Proposed Bills, Resolutions Prior to Convening; procedures.

SB 203

Prefiling Proposed Bills, Resolutions Prior to Session; procedures. ............ HB 170

President Pro Tempore; Senator Pete Robinson elected. ..................... Page 24

Rules; adopted........................................................... Page 24

Senator Arthur Langford; expressing regrets at illness. ....................... SR 644

Senatorial Districts No. 21, 32, 42, 53 and 54; change composition. ............ SB 361

Senatorial Districts 5, 10, 11, 13, 28, 29, 33, 37, 38, 41, 42, 43, 55;

new descriptions. ....................................................... SB 553

Standing Committees; limit term of chairman; amend Rules. .................. SR 108

Standing Committees; membership changes ............ Pages 16, 18, 19, 20, 21, 22, 23

Standing Committees; Senator Guhl, assignments ........................... Page 18

Standing Committees; Senator McGuire, assignments........................ Page 16

SENATOR ALLEN Excused, death in family ................................................. Page 68 Excused, illness in family.................................. Pages 159, 192, 260, 722 Excused, personal business ............................................. Page 1136

SENATOR BALFOUR; excused, business out of town .............. Pages 1073, 1136

SENATOR BLITCH Excused from voting on......................................... HB 1586 Page 1332 Statement on morning roll call............................................ Page 54

SENATOR CLAY; excused, death in family ................. Pages 499, 538, 563, 619

SENATOR DAWKINS; resignation........................................ Page 16

SENATOR GARNER; resignation ......................................... Page 13

SENATOR GLANTON; statement on. ......................... SB 12 vote Page 2050

SENATOR GOCHENOUR Explanation of. ................................................ HB 1375 Page 2038 Statement on. ............................................. HB 1296 vote Page 430 Statement on Local Calendar vote....................................... Page 1882

SENATOR GUHL; election certification, committee assignments

Pages 17, 18

SENATOR HILL; act as Chair of Corrections Committee ............. Pages 560, 1341

SENATOR HOOKS; statement on morning roll call ....................... Page 1873

SENATOR KEMP; excused, illness ...................................... Page 1173

SENATOR LANGFORD, ARTHUR; excused, hospitalized ......................................... Pages 490, 538, 563, 619, 1073

SENATOR MCGUIRE Election certification, committee assignments ........................... Pages 14, 16 Explanation of. ........................................... HB 1375 vote Page 2038

SENATOR NEWBILL; statement on. ........................ HB 632 vote Page 975

SENATOR OLIVER; statement on.......................... HB 1375 vote Page 2038

SENATOR PARRISH; excused due to illness .......................... Pages 68, 77

SENATOR POLLARD Act as Chair of Judiciary Committee ............................... Pages 795, 1537 Excused from voting on.......................................... HB 763 Page 1216

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2514

JOURNAL OF THE SENATE

SENATOR RALSTON; excused from voting on. ........

. . HB 1710 Page 1550

SENATOR THOMPSON Excused, appointment................................ Excused, illness...................................... Statement on. .......................................

Page 563 ............... Page 78 HB 1375 vote Page 2037

SENATOR WALKER; excused, State business ............................ Page 998

SENIOR CITIZENS (See Elderly)

SENIOR DAYS AT STATE CAPITOL, FEB. 8-10; establishing. ........... SR 461

SENTENCE AND PUNISHMENT

Adult Violent Felons; 3rd serious conviction; life without parole. .............. SR 405

Controlled Substances or Narcotic Drugs; repeat offenders. ................... SB 489

Death Penalty; commuting sentence to life imprisonment. ..................... SR 99

Drive-by Shootings; offense of aggravated assault........................... HB 1198

Escape, Offense of; convicted felons or misdemeanors; punishment. .......... HB 1403

Felony Offenders; 3rd conviction; no pardon, parole or work release. ........... SB 483

Felony Offenses; mandatory service of sentence; limit Paroles Board

authority; persons previously convicted sentenced life, no parole. ............ SR 395

Inmates Sentenced as County Inmates; award of good-time allowances. ........ SB 449

Juvenile Detention; unruly child; students habitually disobedient. ............. SB 558

Juveniles; arrest for drugs, violence; school suspension procedures.............. SB 701

Juveniles; crimes of murder, rape, sodomy, armed robbery, hijacking. ......... . SB 535

Juveniles; delinquent acts, capital or violent offenses, deprived. ............... SB 440

Juveniles; weapons; possession on school property; felony penalty.

SB 510

Offense of Carjacking Involving Theft or Inflicting Injury or Death. ........... SB 478

Offense of Carjacking Involving Theft or Injury; felony penalties.

SB 491

Offense of Criminal Storage of Firearms. .................................... SB 477

Offense of Drive-by Shooting. ..................... SB 479

Offense of Hijacking Motor Vehicle by Force or Violence; penalties. ......... HB 1080

Offenses Contributing to Delinquent Acts of a Minor; felony crimes........... HB 533

Offenses of Drug Trafficking or Child Molestation; restrict parole.

SR 99

Pardons, Parole; powers of Superior Courts; abolish state board.

SR 445

Pardons, Parole, State Board of; limit, restrict powers, authority............... SR 524

Pawnbrokers Selling Firearms; improper storage; penalties. ................... SB 502

Persons Convicted Soliciting a Minor to Commit Delinquent Felony Act.

SB 556

Probation Terms, Conditions; confinement, county detention facility. .......... SB 270

Sentence Reform Act of 1994; enact......................................... SB 441

Sex Crimes; crime of failure to register as a sex offender. ..................... SB 399

Sex Offenders; parole conditions; registration with local officials.

HB 1229

Solicitation of A Minor to Commit Delinquent or Felony Act.................. SB 556

Street Gang Terrorism; listing of crimes; include offense of rape. .............. SB 460

Violent Crimes; convicted offenders; serve %'s prison term imposed.

SB 429

Violent Crimes; prison term imposed; parole restrictions.

SB 429

Violent Felonies; minimum terms of imprisonment; restrict

sentence-reducing measures. ............................................. SB 441

SEQUOYAH HIGH SCHOOL LADY BASKETBALL TEAM; commend. SR 645

SEWAGE SYSTEMS; regulations; standards for on-site individual systems. . HB 1658

SEXUAL HARASSMENT; abusive conduct in work environment; right of action. ...............................................

SB 712

SEXUAL OFFENSES Adult Violent Felons; 2 previous convictions; life without parole.

SB 483

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INDEX

2515

SEXUAL OFFENSES (Continued)

Aggravated Sodomy, Sexual Battery; persons convicted; mandatory

service of sentence; 2nd offense, life without parole. ........................ SR 395

AIDS Transmitting Crimes; juvenile offenders; HIV infection; testing.

SB 632

AIDS Transmitting Crimes; juvenile offenders; HIV test; confinement.

SB 440

Child Molestation; persons convicted; restrict granting of parole.

SR 99

Nude or Other Sexual Conduct; regulation of; amend Constitution.

SR 187

Predatory Sex Offenders; parole conditions; register ID with

officials in community of residence. ..................................... HB 1229

Predatory Sex Offenders Required Register ID with Sheriff of County.......... SB 399

Public Indecency; certain acts of sexual stimulation, gratification.

SB 320

Rape; crimes considered pattern of criminal street gang activity.

SB 460

Sexual Harassment; abusive work environment; right of action................. SB 712

Sodomy, Offense of; exclude sexual behavior among consenting adults.

SB 350

Victims Under Age 16 years; redefine rape, molestation, enticement. ........... SB 557

Violent Felonies; rape, child molestation, sexual battery; penalties. ............ SB 441

SHARECROPPING AGREEMENTS; future crops; landowner secured transactions. ...................................................... HB 73

SHAW, JO ANN; commend.................................... SR 458

SHEAROUSE, MICHELLE; National 4-H Champion; commend. ............. SR 416

SHERIFFS (Also See Courts)

Cash Bonds; deposit interest-bearing trust account; exception.

HB 1499

Charitable Sales Promotion or Solicitation; reports; misrepresenting.

SB 611

Compensation; minimum annual salaries and population brackets.

HB 1710

Convicted Felons; inmates; good time allowance; assigned work. ............. HB 1784

Counties Over 400,000; civil service coverage for certain personnel.

SB 239

Duties; approval of bondsperson as surety; accepting property bonds.

SB 630

Duties; confiscated weapons; disposition of sales proceeds. .................. HB 1337

Duties; maintain, disseminate registrar of convicted sex offenders. ............. SB 399

Duties; maintain registrar of paroled sex offenders in community.

HB 1229

Fire Departments; emergency powers; authority of other agencies.

HB 1570

Law Enforcement Integrity Act; unauthorized use of terminology.

HB 1886

Liability; defense of actions in lieu of insurance; legal fees. ...

HB 343

Qualifications; peace officer certification; vacancy created for failure

to complete training. .................................................... SB 551

Qualifications; peace officer training requirements. ........................... SB 458

Requirements to Execute a Surety Bond; accounting of public funds. ........ HB 1667

Retirement Fund; increase member dues; retirement and death benefits. ...... HB 499

Retirement Fund; previous members; renewal of membership. ................ HB 500

SHIRLEY, JOANNE; honoring. ................................: ........... SR 459

SHRIMPING; sport or commercial bait; regulate dealers.

HB 1512

SILENT MEDITATION IN PUBLIC SCHOOLS Classrooms; period of silent reflection or meditation. Classrooms; school day begins with period of quiet reflection.

SB 532 SB 396

SILENT WITNESS BILL; evidence; use of photos, videotapes, audio records. ............................................................ SB 412

SILVER-HAIRED LEGISLATURE; commend.

SR 476

SINGLETARY, RAYMOND C., JR. OF EARLY COUNTY; commend.

SR 401

SKANDALAKIS, MITCH; Fulton County Commission Chairman, remarks Page 543

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2516

JOURNAL OF THE SENATE

SLAPP LAWSUITS; grievances in public issues; justification. ................. SB 410

SLOSHEYE TRAIL BIG PIG JIG BBQ COOKING CONTEST; recognizing. .................................................. SR 609

SMALL BUSINESSES

Minority Business Enterprise Development; redefine eligible persons. .......... SB 291

Small Employer Health Coverage Availability Act; insurance program.

SB 650

SMITH, B. J.; commend.

.............. SR 621

SMITH, STEPHEN P.; Eagle Scout; commend............................... SR 612

SMOKE DETECTORS REQUIRED ALL DWELLING UNITS; persons in need may obtain. ............................................... SB 530

SMOKEY BEAR, 50TH ANNIVERSARY INFLUENCING PREVENTION OF FOREST FIRES.

SR 580

SMOKING (See Tobacco Products)

SOCIAL CIRCLE; city manager; appointment; powers; duties.

HB 1876

SOCIAL SERVICES (Also See Human Resources or Domestic Relations)

AFDC Assistance; additional child born to recipient; welfare reform.

SB 58

Aged and Disabled Transportation Services; task force to study.

HR 921

Aging Services; Family Caregiver Support Program; establishment.

SB 648

Board of Human Resources; ineligible member; registered lobbyists.

HB 1481

Child Abuse; suspected cases; removal of child; custody actions.

SB 470

Child-placing Agencies; special needs child; preplacement services.

SB 442

Children at Risk; multiagency treatment services; records disclosure............ SB 560

Children Being Considered for Foster Care Placement; records access. ....... HB 1322

Code Revision; Title 49; correct errors and omissions.

HB 1208

County Family and Children Services; appointment of board members.

SB 469

Department of Children and Youth Services; contracts and agreements.

HB 1626

Federal Community Development Block Grant Funds; additional purposes.. .... SB 570

Foster Care; adult persons residing in home; criminal records check.

SB 442

Handicapped Services; create state Office of Sensory Affairs.

SB 521

Medicaid Recipients; health care insurance coverage; risk pools.

HB 1306

Medicaid; residents of long-term care; personal needs allowance.

SB 552

Prescription Drug Manufacturers, Sellers; price discrimination.

SB 522

Public Assistance; illegal aliens ineligible; acute medical care. ................. SB 164

Public Assistance; Medicaid; aggrieved parties seeking remedies.

SB 509

Public Assistance; Medicaid recipients; personal needs allowance.

SB 552

Public Assistance; recipients of AFDC, Food Stamps, Medicaid;

Work for Welfare Program; participation requirements.

SB 464

Public Assistance; teenage recipients; school attendance requirement. .......... SB 407

Public Housing Projects; contracts; tenant management organizations.

SB 299

Welfare Recipients; private health insurance coverage; pilot program.

SB 208

Welfare Reforms; implementation of Work for Welfare Program.

SB 464

Youth Placed Private Family Attention Homes; assessment; treatment.

SB 548

SOCIAL WORKERS (See Counselors or Professions)

SODOMY Convicted Sex Offenders of Minor-age Victims; parole conditions. Crimes of Sodomy and Aggravated Sodomy; sentencing and punishment. Exclusion; private consensual sexual behavior among adults.

HB 1229 SB 441 SB 350

SOFFER, GADDY; commend. .............................................. SR 560

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INDEX

2517

SOLID WASTE (See Waste Management or Hazardous Materials)

SOUTH CAROLINA; proposed common boundary with Georgia on Savannah River. .............................. ................ SB 572

SOUTH GEORGIA JUDICIAL CIRCUIT; superior court; change terms; Decatur and Mitchell Counties. ............................. HB 1311

SOUTHERN BAND CHEROKEES AND CREEK INDIANS; official tribe recognition. ...................................... SB 508

SOUTHWEST GEORGIA ACADEMY WARRIERS; commend.............. SR 483

SOVEREIGN IMMUNITY

Immunity of Hospital Authorities; exception; liability insurance.

HB 1525

Local Governmental Entities; tort actions; damages; recovery

limited extent liability insurance protection. ............................... SB 649

SPALDING COUNTY

Ad Valorem Taxes; homestead exemption; certain residents; referendum.

HB 2045

Commissioners; election districts; redesignate and describe. ................. HB 1370

Griffin-Spalding County School District Ad Valorem Taxes;

homestead exemption; certain residents; referendum. ..................... HB 2046

Griffin-Spalding County School System; board of education; terms.

HB 1410

Magistrate Court; chief magistrate; nonpartisan elections.................... HB 2044

Probate Court; judge; nonpartisan elections. ............................... HB 2043

Retirement Plan; transferred juvenile probation employees; options.

HB 671

SPARTAN RADIOCASTING COMPANY; lease; TV tower; Black Rock Mountain State Park. ......................................... HR 861

SPEAKS, DON; commend. ................................................. SR 578

SPEECH; Georgia Collegiate Free Speech Act................................. SB 709

SPEED REGULATIONS

Radar devices; evidence obtained in certain areas. ......................... .SB 116

Streets and Highway Construction or Work Sites; speed restrictions.

SB 487

SPORTS HALL OF FAME AUTHORITY, GEORGIA

Board of Directors; powers of nonprofit corporations........................ HB 1936

Creation, Composition, Membership, Powers to Build Facility.

HB 1187

ST. JOHN AFRICAN METHODIST EPISCOPAL CHURCH GOSPEL CHOIR; recognize.

SR 635

STAGGERED TAG SALES (Also See Motor Vehicles and Traffic) Carroll County; motor vehicle registration; staggered periods. Liberty County; license plates; staggered registration periods. Paulding County; motor vehicle registration; staggered periods.

HB 1592 HB 1679 HB 1348

STALKING; Anti-stalking Act; conduct constituting misdemeanor and felony. SB 697

STATE AGENCIES Administrative Procedure; contested case proceedings. Administrative Procedure; distribution of proposed rules, regulation. Appropriations; expenditure limitations; amend Constitution. Budget Management; program reviews; 4-year strategic plan; reports. Budget Management; submission of 5-year plans; agency program review. Budget Requests; property acquisitions, leases; required reports. Budget Units; duties; goals of decentralization; space management. Budget Units; new programs; evaluate involving private entities. Budgetary Responsibility Act of 1993; reviews; audits; 5-year plans.

SB 77 SB 457 SR 148 SB 86
SB 5 SB 8 HB 1810 SB 427 HB 41

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2518

JOURNAL OF THE SENATE

STATE AGENCIES (Continued)

Budgets; continuing appropriations; reports due General Assembly.

SB 60

Community Affairs Department; local assistance grants; funding.

HB 1296

Community Affairs Department; transfer of Building Code and

Industrialized Building Program to Insurance Commissioner................ HB 505

Complaints of Consumer Crimes Against Elderly or Disabled; referrals.

HB 193

Contracts; disparity in participation by minorities; assessment of. ............. SR 146

Contracts; minority business participation; bid opportunities.

SB 207

Contracts; minority business participation; procurement process.

SB 134

Contracts With Regional Development Centers; requirements.

HB 1482

Department of Children and Youth Services; contracts and agreements.

HB 1626

Department of Children and Youth Services; insuring vehicles

operated by nonprofit contracting agencies.

HB 1627

Documents, Forms; racial data; multiracial classification. ..................... SB 149

Employee Work Force; restructure; formulation of downsizing plans.

SR 9

Environmental Facilities Authority, GEFA; create new Division of

Energy Resources; transfer of powers, duties, assets, personnel.

HB 1263

Georgia Transportation Authority; creation; authorized projects.

SB 328

Grant Programs; fairness and openness in the awarding of; filing.

SB 4

Human Resources Department; authority; DUI Clinics.

HB 1399

Insurance Commissioner; Construction Codes Division created. ............... HB 505

Insurance Commissioner; enforcement of Building Codes

and Industrialized Building Program. .................................... HB 505

Insurance Commissioner; powers; examinations for probable cause.

HB 1838

Labor Department; duties; Georgia Commission on Women.

HB 68

Mental Health; rehab programs; employees transacting business.

SB 159

Natural Resources Department; duties; water conservation plans. ............... SB 10

Office of Planning and Budget; budget report; lottery proceeds.

SB 593

Office of Planning and Budget; duties; continuation budget report.

SB 188

Office of Planning and Budget; monitor federal grant opportunities.

SB 619

Office of Sensory Affairs; create; assist hearing, visual impaired. ............... SB 521

Officers and Employees; participating in political activities.

SB 55

Open and Public Meetings; repeal criminal penalties provisions.

HB 903

Open Records; votes taken by State Board of Pardons and Parole.

SB 64

Postage Cost Reduction Study Committee. .................................. SR 565

Postage Cost Reduction Study Committee; mailing procedures................. SR 556

Printing and Documents; stationery; printed telephone and FAX numbers. . HB 82

Privatization of Maintenance Services; study of potential savings. .............. SR 66

Privatizing Functions; reducing state expenses; commission to study.

SB 260

Property Acquisition, Leases; disclose public official relationships. ............... SB 8

Public Safety Department; employee political activity participation.

HB 1333

Public Service Commission; reorganization; create independent Utility

Finance Section; powers; duties; personnel qualifications.

SB 250

Regulating Professions, Occupations; compensation as expert witness.

SB 229

Revenue Structure; re-create joint commission to continue study.............. HR 662

State Board Professional Engineers, Land Surveyors; legal assistant.

SB 503

State Owned Buildings; fuel consumption; urge energy conservation.

SR 173

State Productivity Council; goals, powers, duties.

HB 1551

State Properties Commission; change membership; powers of director.

HB 1616

State Vehicles; acquisition and utilization; committee to study.

SR 627

Transportation Department; commuter efficiency program; authorize.

SB 124

Transportation Department; officers; chief engineer.

HB 1318

Traveling Expenses; use of personal vehicle; reimbursement rate.

HB 351

World Congress Center or Its Operating Agents; hiring practices.

SB 39

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INDEX

2519

STATE BAR OF GEORGIA; Criminal Proceedings; legal assistants; law schools outside state. ................................................. HB 190

STATE CHILDREN'S TRUST FUND COMMISSION; members; terms; source of funds; investments; disbursement criteria.

SB 493

STATE COMMISSION ON JUDICIAL COMPENSATION; creation; amend Constitution. .............................................. SR 456

STATE COURTS

Additional Costs in Court Cases for County Law Library. .................. HB 1459

Civil or Medical Malpractice Actions; request for trial by jury.

SB 62

Indigent Defense; state funded programs; counsel in certain cases.

HB 1254

Judges; attorneys serving part-time without conflict of interest. ............... SB 120

Judges or Solicitors; retirees; right to hold office, practice law.

HB 147

Judges; vacancies filled by Governor subject Senate confirmation.

SR 429

Jurisdiction; misdemeanor cases involving marijuana possession. ............... SB 576

Proceedings; holding in alternative location to courthouse site. .............. HB 1715

STATE DEFENSE FORCE (See Military Affairs or National Guard)

STATE EMPLOYEES (Also See Public Officers and Employees or Merit System)

Classified Service; sick leave; utilization; affidavits; reports. .................... SB 53

Commuter Efficiency Program; car-pools, van-pools; flex-time plans. ........... SB 124

Conflicts of Interest; exception; contracts, mental health agencies.

SB 159

Correctional Officers; two breaks during each 8-hour shift. ..................... SB 54

Health Insurance Plan; compliance; Patient Freedom of Choice Act.

SB 625

Indigent Defense Council; employees; ERS retirement membership.

HB 192

Insuring, Indemnification, Bonding; community service boards.

HB 1921

Mental Health Community Service Boards; employment rights, benefits.

SB 511

Mental Health Community Service Boards; employment rights, benefits.

SB 603

Mental Health; reorganization of the service delivery system. .................. SB 49

National Guard; call to active duty; declared emergencies. .................. HB 1600

Natural Resources Department; employing certain part-time workers.

HB 1651

Personnel Employed by former Office of Energy Resources; transfers.

HB 1263

Political Activities; conditions to participate; expressing opinion.

SB 55

PSC Organizational Structure Revised; personnel qualifications;

prohibited employment. ................................................. SB 250

Public Safety; Uniform Division; urge review compensation schedule.

SR 319

Retirement; Defined Contribution Plan; voluntary membership.

SB 251

Retirement System; benefits; members subject involuntary separation.

HB 1576

Retirement System; creditable service; forfeited leave provisions.

HB 260

Retirement System; creditable service; military service during WW II. ......... SB 255

Retirement System; deceased retirees; unpaid member contributions.

HB 670

Retirement System; membership; certain county juvenile employees.

SB 211

Retirement System; membership; certain county probation employees.

HB 671

Retirement System; membership; Georgia Music Hall of Fame Authority.

HB 632

Retirement System; membership; Lake Lanier Islands Authority.

SB 377

Retirement System; prior service; agricultural commodity commissions.

HB 959

Retirement System; prior service credit; secretaries of judges, DAs.

HB 633

Retirement System; service claimed for temporary disability period.

HB 419

Retirement System; service credit; Agrirama Development Authority.

HB 685

Retirement System; service credit; former county hospital authority.

HB 807

Revenue Agents or Enforcement Officers; weapon and badge retention.

HB 311

State Credit Union; preferential loan rate; employee benefit.

HB 1676

State Productivity Council; quality improvement; cash award program.

HB 1551

Tort Claims Against State; officers, employees; exclusive remedy.

HB 1921

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2520

JOURNAL OF THE SENATE

STATE EMPLOYEES (Continued)

Traveling Expenses; use of personal vehicle; reimbursement rate. ............. HB 351

Wages; voluntary charitable deductions for certain federation.

HB 1439

Wages; voluntary payroll deductions; nonprofit professional

development organizations, associations, corporations.

HB 1455

Work Force; downsizing goals; phased-in attrition plan.......................... SR 9

World Congress Center or Its Operating Agents; hiring practices. ............... SB 39

STATE FINANCING AND INVESTMENT COMMISSION Construction Division; projects; Georgia Transportation Authority. ............ SB 328 Contracts; Georgia Sports Hall of Fame Authority.......................... HB 1187 Hazardous Waste Sites; corrective action; issuance of public debt. ............. SB 698

STATE GOVERNMENT (Also See individually named state agencies)

Ad Valorem; homestead exemption for elderly; state-wide referendum. ......... SB 394

Administrative Space Management; repeal advisory board; assignment........ HB 1810

Airport Development Authority; acquisition of mismanaged airports............ SB 408

Appropriations; authority of Governor to reduce in whole or in part. ........... SR 27

Appropriations; bills for raising revenue; approval requirements.

... SR 65

Appropriations; bills raising revenue; General Assembly voting quorum. ......... SR 94

Appropriations; board of regents; restriction on use of funds. ................ HR 555

Appropriations; education funding requirements; amend Constitution........... SR 413

Appropriations; education; mandatory funds; exclude lottery proceeds. .......... SR 91

Appropriations; education; report of requests from lottery proceeds. ........... SB 593

Appropriations; expenditure limitations; amend Constitution. ................. SR 148

Appropriations, General, State FY 1994-1995. ............................. HB 1375

Appropriations; lottery proceeds; restrict under certain conditions.............. SB 100

Appropriations, Supplemental SFY 1993-1994. ............................. HB 1296

Appropriations; supplementary Acts increasing expenditures; prohibit. ......... SR 539

Appropriations; supplementary Acts not authorized; amend Constitution......... SR 63

Attorney General; compensation; increase annual salary;. ................... HB 1398

Auditor, State; duties; legislative fiscal notes; preparation time. ............. HB 1274

Audits; agency program reviews; filing 5-year strategic plans.

SB 5

Board of Human Resources; ineligible member; registered lobbyists. ......... HB 1481

Bond Financing of Public Projects; indebtedness; committee to study. .......... SR 37

Boundary by Compact Between Georgia and South Carolina Along

Savannah River; description; survey commissioned by states. ................ SB 572

Budget Units; new programs; evaluate involving private entities. .............. SB 427

Children's Trust Fund Commission; extend to year 2000; source

of funds; interest earned; disbursements. .................................. SB 493

Claims Against the State; Craig J. Winkler; compensate.

HR 263

Claims Against the State; James C. Cook. .................................. HR 926

Claims Against the State; Jimmy Helton. .................................. HR 259

Claims Against the State; Louis Horn III. .................................. HR 767

Claims Against the State; Nelson 0. Scoggins.

HR 906

Claims Against the State; Nina Wilson; compensate.

HR 96

Claims Against the State; Shirley Selph. ................................... HR 339

Claims Against the State; Walter Lewis. ................................... HR 124

Clark Harrison State Office Building; designate tribute to; Decatur............. SR 248

Code Revision; Title 50; correct errors and omissions. ...................... HB 1208

Constitutional Officers; election by majority votes cast. ....................... SB 680

Contracts; disparity in participation by minorities; assessment of.

SR 146

Contracts; minority business participation; bid opportunities.

SB 207

Contracts; minority business participation; procurement process.

SB 134

Coroner's Training Council; approve, certify annual training.

HB 1256

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INDEX

2521

STATE GOVERNMENT (Continued)

Correctional Officers; two breaks during each 8-hour shift. ..................... SB 54

Criminal Justice Coordinating Council; members; reduce number of.

HB 882

Decentralization; Office of Planning and Budget to effectuate goals;

facilities/space management; factors; preference. ......................... HB 1810

Department of Archives and History; American Indians; repeal duties.

SB 618

Department of Banking and Finance; currency transaction reports. .......... HB 1676

Department of Community Affairs; powers; regional development centers. HB 1482

Department of Community Affairs; relocating boundaries of RDC's.

HB 1178

Distance Learning and Telemedicine Statewide Network; additional funds. HB 676

Elected Officials; limitation of terms of office. ................................. SR 5

Emergency Management; disaster areas; prohibited price increases.

HB 173

Employee Work Force; formulation of multiyear downsizing plans.

SR 9

Employees; sick leave; utilization; affidavit of illness; reports. .................. SB 53

English; designate as official language in public records, documents.

SB 127

Environmental Facilities Authority, GEFA; administer federal funds.

HB 1262

Federal Grants; service to state agencies; tracking data base.

SB 619

Federal Unfunded Mandates; request Congressional Delegation meeting. ....... SR 404

General Assembly; profiling proposed bills, resolutions; procedures.

SB 203

General Assembly; profiling proposed bills, resolutions; procedures.

HB 170

Georgia Commission on Women; member expenses; agency assignment.

HB 68

Georgia Defined Contribution Plan; voluntary employee membership.

SB 251

Georgia Golf Hall of Fame; board of trustees; additional members.

HB 1906

Georgia International and Maritime Trade Center; project approval.

SB 415

Georgia Music Hall of Fame Authority; powers; nonprofit subsidiary.

SB 525

Georgia Music Hall of Fame Authority; retirement membership............... HB 632

Georgia Sports Hall of Fame Authority Act; enact.................'......... HB 1187

Georgia Sports Hall of Fame; powers of nonprofit corporations.

HB 1936

Governing Bodies; open meetings; repeal criminal penalty provision.

HB 903

Hazardous Materials Liability Reserve Fund; transfer into

State Tort Claims Trust Fund.......................................... HB 1921

Holidays and Observances; designate Clean Water Week. ..................... SB 606

Lottery Corporation; advertisement of games; disclose winning odds.

SB 430

Lottery Corporation; contracts; procuring gaming products; bids.

SB 596

Lottery Prize Winners; income taxable; nonresidents of state. ............... HB 1368

Lottery Prizes Awarded of $5,000. or More; income tax withholding.

HB 1369

Lottery Proceeds; appropriations requests in budget report. ................... SB 593

Lottery Proceeds; budget report; additional information required.

SB 595

Lottery Proceeds; scholarship program; shortfall reserve subaccount.

SB 711

Lottery Proceeds; shortfall reserve subaccount; deposit of funds. .............. SB 452

Lottery Proceeds; transfer monthly to general fund; monthly reports.

SB 594

Lottery Retailers; electronic dispensers; sales to minors; penalty.

HB 1503

Lottery Retailers; qualifications; restoration of civil rights

after criminal conviction. .............................................. HB 1379

Mandated State Programs Necessitating Additional Local

Revenue Expenditure Prohibited; amend Constitution.

SR 383

Minority Business Enterprise Development; redefine eligible persons.

SB 291

Observances; Georgia Black History Month; designate February.

SB 589

OCGA; code revisions; modernizations; correct errors, omissions.

HB 1208

OCGA; Code Title 21, Elections; correct errors and omissions. .............. HB 1219

OCGA; Code Title 47, Retirement and Pensions; corrections................. HB 1218

O.C.G.A.; obsolete, uncodified laws based population classification.

SB 645

Office of Planning and Budget; agency planning; review for approval.

SB 5

Office of Sensory Affairs; create; assist hearing, visual impaired.

SB 521

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2522

JOURNAL OF THE SENATE

STATE GOVERNMENT (Continued)

Office of State Administrative Hearings; creation; functions. ................ HB 1443

Officers and Employees; participating in political activities. ................... SB 55

Officers, Officials, Employees; motor vehicle expenses reimbursement.

HB 351

Official American Indian Tribe; Southern Band of Cherokee and Creeks.

SB 508

Printing and Documents; multiracial classification; federal reports.

SB 149

Printing of Official Documents in Other Languages; authorize. ................ SB 127

Privatization of Certain Services; study of potential savings.

SR 66

Privatization of Proposed New Programs; feasibility evaluation.

SB 427

Privatization Review Act; use of private enterprise to supply goods.

SB 260

Properties; in lieu tax payment to municipalities for local services.

SB 685

Property Conveyance; Black Rock Mountain State Park; lease of land.

HR 859

Property Conveyance; Black Rock Mountain State Park; lease of land.

HR 861

Property Conveyance; Brooks County; National Guard Armory land.

HR 744

Property Conveyance; Brunswick; convey historical Lissner House.

HR 816

Property Conveyance; Brunswick; sell Labor Department property.

HR 817

Property Conveyance; Bryan County; state-owned TV transmitter

tower; lease agreement to attach microwave dishes.

HR 842

Property Conveyance; Cave Spring; old campus Ga. School for the Deaf.

HR 814

Property Conveyance; Central State Hospital Water Treatment Facility;

convey title to Georgia Building Authority (Hospital).

SR 547

Property Conveyance; Chatham and Gwinnett Counties; property leases.

HR 1002

Property Conveyance; Chatham County; U.S. Air National Guard Armory. HR 819

Property Conveyance; Chattooga County; Department of Defense.

SR 470

Property Conveyance; City of Millen; reversion of deed; sell by bid.

HR 823

Property Conveyance; City of Tunnel Hill; railroad right-of-way.

SR 500

Property Conveyance; Cobb County; County Farm Road easement. ............ SR 207

Property Conveyance; Columbus; Georgia Ports Authority property.

HR 907

Property Conveyance; Fort Yargo State Park; Barrow County lease.

HR 1003

Property Conveyance; Fulton County; land sale, lease, exchange

with Norfolk Southern Railroad. ......................................... SR 462

Property Conveyance; Grady County; Big Tired Creek Recreation area.

HR 1012

Property Conveyance; Human Resources Department; convey deed to

Goodwill Industries of Coastal Empire. ................................... SR 120

Property Conveyance; Kennesaw; lease W&A Railroad right-of-way.

HR 818

Property Conveyance; Lumpkin County; Indian tribal cemetery.

HR 966

Property Conveyance; Mclntosh, Tattnall, Gwinnett, Glynn and Banks

counties; easements for telecommunication, utility power lines.

SR 463

Property Conveyance; Richmond County; driver's license test site;

convey to county for baseball facility...................................... SR 548

Property Conveyance; Richmond County; minor league baseball facility.

HR 1001

Property Conveyance; Tallulah Gorge State Park development.

SR 519

Property Conveyance; W&A Railroad right-of-way; Whitfield County.

SR 469

Public Institutions; property transfers; ad valorem tax treatment.

SB 506

Public Issues; lawsuits to redress grievances; claims; justification.

SB 410

Public Office; ineligible persons; defaulter for legal taxes.

SB 426

Public Safety Employees; participation in political activities.

HB 1333

Public Utilities; Energy Qualifications and Overview Committee.

SB 250

Revenue; reduced individual income tax collections.

HB 596

Revenue Structure; re-create joint commission to continue study.

HR 662

Rhodes Memorial Hall, Atlanta; committee to study ownership, use.

SR 485

Safety Fire Commissioner; local construction codes, safety standards.

SB 533

Securities Regulation Law; records; new electronic filing system.

HB 1727

Slush Fund Bills; state grant awards; fairness and openness.

SB 4

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INDEX

2523

STATE GOVERNMENT (Continued)

State Agencies; administrative procedure; contested cases. ..................... SB 77

State Agencies; budget estimates; program review; plans; reports.

SB 86

State Agencies; budget estimates; 5-year plans; Agency Review Act.

SB 5

State Agencies; budget request; property purchase, leases; procedure.

SB 8

State Agencies; Budgetary Responsibility Act; legislative oversight.

HB 41

State Agencies; budgets; analysis of funds to continue programs.

SB 188

State Agencies; budgets; review eliminating expenses; privatization.

SB 260

State Agencies; continuing appropriations; program reviews; reports.

SB 60

State Agencies Employing Part-time Workers from Other Agencies.

HB 1651

State Agencies; grant programs; Fair and Open Grants Act.

SB 4

State Agencies; mailing expenses; postage cost reduction; study of.

SR 556

State Agencies; Postage Cost Reduction Study Committee.

SR 565

State Agencies; proposed rule, regulation; transmit General Assembly,

SB 457

State Agencies; stationery used; printed telephone and FAX numbers.

HB 82

State Board of Pardons and Parole; voting records; public inspection.

SB 64

State Capitol; placement of portrait; Janette McGarity Barber.

HR 967

State Capitol; placement of portrait of Leroy R. Johnson.

SR 213

State Capitol; placement of portraits; Janette McGarity Barber;

Leroy Johnson. ........................................................ HR 463

State Constitution; statutes, amendments; public initiative petition.

SR 151

State Crop; designate peanut as official Georgia state crop.

HB 1798

State Debt; authorize to mitigate dangers of hazardous waste sites.

SR 546

State Defense Force; functions; emergency management operations.

SB 368

State Depositories; collateral; securities pledged; valuation.

SB 602

State Employees; transacting business with mental health agencies.

SB 159

State Employees; voluntary charitable deductions; change definition.

HB 1439

State Employees; voluntary payroll deductions; nonprofit professional

development organizations, associations, corporations.

HB 1455

State Flag; change appearance, description; state-wide referendum.

SB 136

State Flag; change design and description. .................................. SB 488

State Flag; change design and description; state-wide referendum.

SB 71

State Flag; change design to original flag; state-wide referendum.

SB 248

State Flag Design Commission; creation. .................................... SB 186

State Language Used in Public Records, Documents; designate English......... SB 127

State Marketing Resources; expenditure on media outlets accepting

political advertising from qualified candidates. ........................... HB 1362

State Militia; declared emergencies; national guard activities. ............... HB 1600

State Official Cotton Museum; designate in Dooly County.

SR 426

State Officials; supreme court justices, appellate judges, attorney

general; annual salaries. ............................................... HB 1398

State Owned Buildings; fuel consumption; urge energy conservation.

SR 173

State Productivity Council; creation.

HB 1551

State Properties Commission; composition; executive director powers.

HB 1616

State Properties Commission; proposed property transactions; analysis.

SB 8

State Property; municipal services costs; payments in lieu of taxes.

SR 550

State Symbols; official Folklife Play; designate "Swamp Gravy".

HR 791

State Symbols; official music; designate Jazz during February.

SR 143

State Vehicles; acquisition and utilization; committee to study.

SR 627

Taxes, Fees, Assessments; requirements of General Assembly to enact.

SR 6

Taxes, Fees, Charges or Assessments Imposed by General Assembly;

vote required; amend Constitution.

SR 384

Tort Claims; waiver of sovereign immunity; officers, employees; exclusive

remedy; transfer of funds into state trust fund. .......................... HB 1921

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2524

JOURNAL OF THE SENATE

STATE GOVERNMENT (Continued)

Transportation Department; officers; chief engineer. ........................ HB 1318

Unemployment Tax Amnesty Program; waiver of penalties for payments. HB 1388

World Congress Center Authority; expand projects; facilities.

HB 1664

World Congress Center; expand projects; discontinued projects; gifts.

SB 569

STATE OF THE STATE ADDRESS BY GOVERNOR

Page 56

STATE PATROL (See Public Safety Department or Law Enforcement)

STATE PROPERTIES COMMISSION (See Property Conveyances or State Government)

STATE SYMBOLS

Official State Cotton Museum; designate in Dooly County..................... SR 426

Official State Crop; designate the peanut.

HB 1798

Official State Flag; change appearance, description by referendum.

SB 136

Official State Flag; change design and description.

SB 488

Official State Flag; change design and description by referendum.

SB 71

Official State Flag; change design to original flag; referendum.

SB 248

Official State Flag; state commission to study if redesign warranted.

SB 186

Official State Folklife Play; "Swamp Gravy" in Miller County.

HR 791

Official State Language Used in Public Records; designate English.

SB 127

Official State Music During Month of February; designating Jazz.

SR 143

STATE TORT CLAIMS TRUST FUND; transfer of funds from Hazardous Materials Liability Reserve Fund. .............................. HB 1921

STEPHENS, ROBERT B.; commend. ...................................... SR 583

STEVENSON, AUTUMN; National 4-H Champion; commend. ............... SR 420

STEWART COUNTY; board of education; election districts; terms........... HB 1614

STEWART, KATHERINE; national 4-H Champion; commend. ............... SR 421

STONE MOUNTAIN JUDICIAL CIRCUIT; superior court; additional judge. ................................................... SB 232

STONE MOUNTAIN MEMORIAL ASSOCIATION; agreements imposing local excise taxes. ............................................... HB 954

STUDY COMMITTEES (See Committees, Study)

SUGAR HILL, CITY OF

Ad Valorem Taxes; homestead exemption; elderly residents; exception.

HB 2026

Corporate Boundaries; annex certain property.............................. HB 1933

SUICIDE ASSISTED DEATHS; prohibited acts; felony penalties.

HB 415

SUMTER COUNTY

Board of Commissioners; compensation.................................... HB 1948

Board of Education; reconstitute; elections; terms; salaries.

HB 1890

Funds to Facilitate Merger of County, Americus School Systems.

HB 2008

Sumter County Board of Education; members; compensation.

HB 1607

SUPERINTENDENTS OF EDUCATION; State School Superintendent; appointment by State Board of Education; amend Constitution.

SR 390

SUPERIOR COURT CLERKS' RETIREMENT FUND; members; increased benefits. ....................................................... HB 763

SUPERIOR COURTS (Also See Courts or Judicial Circuits) Additional Costs in Court Cases for County Law Library.

HB 1459

Refer to numerical index for page numbers

INDEX

2525

SUPERIOR COURTS (Continued)

Adoption Decrees; orders requiring male child's surname be changed.

.SB 672

Alcovy Judicial Circuit; third judgeship...................................... SB 615

Appeals; criminal cases; defendant right to cross appeal; procedure.

HB 109

Cherokee Judicial Circuit; judges; county salary supplement.

HB 1974

Chief Judge; fee disputes; request by sheriff for legal counsel.

HB 343

Clayton Judical Circuit; district attorney; salary supplement................. HB 2000

Clayton Judicial Circuit; court reporters; change compensation.

HB 1996

Clayton Judicial Circuit; judges; county salary supplement.

HB 1994

Clerk; office and records; investigation by grand juries.

HB 1190

Clerks; authorization to carry weapons.

SB 348

Clerks; central indexing system; filing of financing statements

in secured transactions................................................. HB 1836

Clerks; compensation; minimum annual salaries; population brackets.

HB 1710

Clerks' Cooperative Authority; membership; effect of prior acts.

SB 676

Clerks; custodian of records, computer data; contracts to market.

SB 456

Clerks; duties; ad valorem tax executions; record entry without fee.

SB 534

Clerks; duties; cancellation of a security deed. ............................. HB 1567

Clerks; duties; intangible recording tax payments; certain counties.

HB 1642

Clerks; duties; Notice of Commencement; property improvement; index.

HB 545

Clerks; duties; recordation of maps, plats; specifications.

HB 1458

Clerks; duties; recording of liens filed on aircraft; fees.

HB 1400

Clerks; fees; filing an appeal or actions transferred; disposition.

SB 486

Clerks; office and operations; authority of grand jury to inspect.

SB 31

Clerks' Retirement Fund; current, future retiree benefits.

HB 763

Clerks Training Council; number of members; advisory judges; quorum.

SB 455

Cobb Judicial Circuit; district attorney; investigators,

assistant DAs; compensation............................................ HB 1862

Conasauga Judicial Circuit; fourth judgeship.

SB 450

Conasauga Judicial Circuit; fourth judgeship.

SB 544

Conasauga Judicial Circuit; fourth judgeship.

SB 261

Cordele Judicial Circuit; judges; county salary supplement.

HB 1915

County Funding; disputes of adequate basic level; method to settle.

SR 192

Court Reporters; certification; disciplinary actions; depositions.

SB 356

Domestic Relations Actions; standing orders restraining parties.

HB 679

Early County; change date of term.

HB 1715

Enforcement of Orders of State Election Board and Civil Penalties.

SB 215

Family Court Division; create; jurisdiction; assignment of judges.

SB 376

Family Legal Issues; designated family courts; commission to study.

SR 409

Hearings to Determine Eligibility to Purchase a Firearm; procedures.

SB 12

Houston County; jurisdiction; Agricultural Exposition Authority.

HB 1191

Indigent Defense; stated funded programs; counsel in certain cases.

HB 1254

Judges and District Attorneys; increase annual salaries.

HB 1395

Judges; create state commission to establish compensation.

SR 456

Judges; directing grand jury to conduct certain investigations.

HB 1190

Judges, District Attorneys; secretaries; retirement service credit.

SB 378

Judges; removal from office by federal court order; commissioned as

magistrate court special judges. ................................ ........ . SB 31

Judges; retirees; right to hold public office or practice law.

HB 147

Judges Retirement; postretiremen!; cost of living benefit increases.

HB 1586

Judges Retirement; spousal benefits; prior rejection of coverage.

SB 253

Judges; vacancies filled by Governor subject Senate confirmation.

SR 429

Juveniles; criminal jurisdiction; violent felony crimes.

SB 440

Liens; filing Notice of Commencement; property improvement project.

SB 546

Refer to numerical index for page numbers

2526

JOURNAL OF THE SENATE

SUPERIOR COURTS (Continued)

Middle Judicial Circuit; judges; payment of expenses. ...................... HB 1988

Offenses Bailable Only Before Judge; homicide by vehicle from DUI, .SB 404

Petitions for Divorce and Alimony; eliminate jury trials. ...................... SB 174

Powers to Grant Pardons, Paroles, Other Relief; amend Constitution........... SR 445

Proceedings; holding in alternative location to courthouse site.

HB 1715

Proceedings; holding in places other than courthouse. ...................... HB 1483

Records; sales of property to a political subdivision by local

officers or employees...................................................... SB 31

Secretaries of Judges, District Attorneys; retirement service credit. ........... HB 633

Sheriffs, Deputy Sheriffs; surety bond; accounting of public funds.

HB 1667

South Georgia Judicial Circuit; terms; Decatur, Mitchell Counties............ HB 1311

Stone Mountain Judicial Circuit; tenth judgeship.

SB 232

SUPREME COURT

Appeals From Juvenile Courts in Delinquency Cases.

HB 1687

Appeals in Criminal Cases; defendant right to cross appeal; rules.

HB 109

Appellate Practice; appeal applications; extend response period.

HB 1189

Chief Justice Harold G. Clarke; address joint session ........................ Page 69

Chief Justice Harold G. Clarke; address joint session. ....................... HR 656

Duties; conflicts between courts, counties as to level of funding.

SR 192

Justices and Appellate Judges; increase annual salaries.

HB 1398

Justices and Appellate Judges; invite General Assembly Session.

HR 655

Justices; creation of State Commission on Judicial Compensation.

SR 456

SURETY BONDS

Beauty Pageants; contests conducted for profit; bonding or escrow.

SB 540

Beauty Pageants Operated for Profit; entrants' fees; bonds or escrow.

HB 965

Bond of Appointed Guardians of Minors; requirements. ...................... SB 538

Cash Bonds; duty of sheriffs; deposit interest-bearing accounts. ............. HB 1499

Conditioned Air Contractors, Plumbers; requirements; liability................. SB 499

Conditioned Air Contractors, Plumbers; requirements; limit liability.

SB 669

DUI Alcohol/Drug Use Risk Reduction Programs, Clinics; requirement.

HB 1399

Home Inspectors; require bonds or liability insurance policy.

SB 330

Nonpublic Postsecondary Education Institutions; requirements. .............. HB 929

Professional Bondspersons, Companies; approving and regulating.

SB 630

Property Improvement Contractors; preserve rights of certain parties.

HB 545

Sheriffs, Deputy Sheriffs; requirements; accounting of public funds.

HB 1667

Surety Debts; notice from surety to creditor to commence collection.

HB 1632

SUWANEE, CITY OF; change corporate boundaries. ....................... HB 1947

SWAMP GRAVY CATALYST PROJECT; designate as Official Folklife Play...................................................... HR 791

TALBOT COUNTY

Board of Commissioners; election districts; terms; referendum. .............. HB 1113

Sheriff; employment of deputies; compensation.

SB 726

TALIAFERRO COUNTY; Board of Commissioners; election districts; reapportion; chairperson.

HB 1846

TALIAFERRO-GREENE COUNTY HIGH FOOTBALL TEAM; introduced ............................................................. Page 149

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INDEX

2527

TALLULAH GORGE; state park development; authority; acquire, exchange land..................................................... SR 519

TANKERSLY, WAYNE; commend. ........................................ SR 587
TATTNALL COUNTY; property conveyance; GTE Telephone Systems; easement.............. SR 463

TATTOO ARTIST STUDIOS; health standards; permits; inspection; violations. ..................................................... SB 517

TAX AMNESTY Local Property Tax Amnesty Program; delinquent tax collection. Unemployment Tax Amnesty Program; waiver of penalties for payments.

SB 506 HB 1388

TAX COLLECTORS, COMMISSIONERS

Ad Valorem; adjustments in millage rates requiring tax increases. ............ HB 554

Ad Valorem; appraisers of county property; license exemption. ................ SB 266

Ad Valorem; assessment; changing valuation established on appeal.

HB 1196

Ad Valorem; assessments; appeal procedures; filing; notices.................. HB 1436

Ad Valorem Tax Executions; transmit for recording entry on docket.

SB 534

Ad Valorem; taxes due county and state; final settlement date................ HB 567

Annual Salaries; increase minimum amount. ................................. SB 282

Board of Tax Assessors; taxpayer appeals; hearings; trials; costs.

SB 296

Certificates of Title; mobile, manufactured home; tax payment.

HB 1233

Compensation; minimum annual salaries and population brackets. ........... HB 1710

Counties 50,000 or More; intangible recording tax; collection officer.

HB 1642

Counties; tax assessor boards; members; term of office. ....................... SB 158

County Board of Tax Assessors; ineligible member; certain appraiser.

HB 1693

County Boards of Equalization; members hearing appeals; eligibility.

HB 1506

Duties; delinquent tax collection; Property Tax Amnesty Program.

SB 506

Duties; homestead exemption; intent to deny notice; surviving spouse.

HB 835

Duties; motor vehicle registration data; source for jury lists.

SB 193

Issuance of Temporary Tax Bills Pending Outcome of Appeals.

HB 1207

Local Tag Agents; license plate, decals; fees to issue replacement.

HB 1223

Motor Vehicles; registration, certificate of title; method, timing.

HB 1235

Property Tax Sales; redemption price; change amount required.

HB 565

Tax Executions; demand for immediate payment or bond; findings.

HB 1267

Tax Executions; time of issuance; taxpayer notice exception.

HB 1268

Tax Receivers; duties; certification of tax digests.

SB 659

Vehicle Licensing, Registration, Titling; use of electronic formats.

SB 518

Vehicle Registration; false statements; penalty for false swearing.

HB 1214

TAX EXECUTIONS

Ad Valorem Tax; recording judgment on general docket without fee.

SB 534

Demand for Immediate Payment or Bond; evidence of taxpayer intention

to leave state or remove property. ...................................... HB 1267

Property Sold for Taxes; redemption price; change amount required.

HB 565

Time of Issuance; taxpayer notice requirements. ........................... HB 1268

Unclaimed Excess Funds Resulting from Tax Sales; disposition. ............... SB 612

Refer to numerical index for page numbers

2528

JOURNAL OF THE SENATE

TAXATION (See Revenue and Taxation)

TAXICABS Liability Insurance; metered vehicles for hire; requirements. .................. SB 504 Liability Insurance; self-insurers; financial requirements....................... SB 505

TAYLOR COUNTY

Designate; Garland T. Byrd Bridge over Flint River on U.S. 19................ SR 502

Taylor County Airport Authority Act; creation.

HB 1816

TAYLOR, SARAH; recognizing. ............................................ SR 665

TAYLOR, SERGEANT WALT; Peace Officer of Year Valor Award; commend. SR 513

TEACHERS

Certificated Personnel; applicants under review; jurisdiction of

Professional Standards and Practices Commission. ....................... HB 1462

Certification Tests; functions of Professional Standards Commission............ SB 644

Charter School Program; involvement; employment status.

SB 79

Computer Training for Distance Learning Network; lottery proceeds.

SB 453

Duty-free Lunch Period; teachers of grades K through 12. .................... SB 531

Education; additional goals, academic achievements by the year 2000. .......... SB 43

Employment Contracts; eligible personnel. .................................. SB 290

Guidance Counselors; primary, upper elementary grades; funding of. ........... SB 204

Instructors of the Blind, Visually Impaired; competency in braille.

SB 110

Local Salary Supplement; limitations on decreases; public hearings.

HB 1177

Middle or High School In-school Suspension Classes; persons in charge.

SB 44

Persons Seeking Employment; fingerprinting, criminal records check.

SB 526

Refusal to Alter Student's Grades; not grounds for termination. ............... SB 554

Retirement; annuity savings; percentage of salary........................... HB 1383

Retirement; creditable service; pregnancy; reestablishing credit.

HB 230

Retirement; service claimed for periods of temporary disability.

HB 419

Safety of Teachers and School Personnel; criminal acts against. ............... SB 440

School Curriculum; clearly defined core knowledge; study committee.

SR 388

School Discipline; students habitually disobedient; unruly child.

SB 558

Student Teachers; assignment to new Summer Opportunity Program.

HB 1130

Study Committee for Reorganization of the Department of Education. ......... SR 387

Teachers, Other School Personnel; reporting student criminal acts. ............ SB 440

TEACHERS RETIREMENT

Creditable Service; absence due to pregnancy; reestablishing credit.

HB 230

Creditable Service; claims; periods of temporary disability.

HB 419

Members; contributions; establish percentage rate of salary.................. HB 1383

Transfer of Membership; employees of Technical and Adult

Education Department.................................................. HB 323

Transferees of Fulton County schools; employee contributions.

HB 913

TECHNICAL AND ADULT EDUCATION Columbus Technical Institute; study combining with Columbus College. Computer Technology; equipment, curriculums; urge strategic planning. Department; employees; retirement membership options. Employer Sponsored Retraining Programs; certifying; jobs tax credit. School-to-work Initiatives; committee to study program coordination.

SR 586 SR 537 HB 323 HB 1527 SR 567

TELECOMMUNICATIONS (Also See Public Utilities)

Black Rock Mountain State Park; cable television tower; renew lease. ........ HR 859

Distance Learning and Telemedicine; funding; Universal Service Fund.

HB 676

Electronic Transmissions; service of tax levy upon bank institutions.

HB 275

Emergency Call Boxes in Isolated Areas of State Highway System.

SB 213

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INDEX

2529

TELECOMMUNICATIONS (Continued)

Georgia Public Telecommunications Commission; TV transmitter tower;

Bryan County; lease of land for microwave dishes. ........................ HR 842

GPTV Public Television; demanding programming for family viewing.

SR 440

Local Telephone Service; promote competition, investments; study of.

SR 614

Regulations, Representation; Utility Finance Section of PSC created. .SB 250

Services; alternative regulatory system; authorize deregulation. ................ SB 566

Telecommunications "Superhighway" Infrastructure; study committee.

SR 551

Telemarketing; charitable solicited funds; information to donors. .............. SB 582

Telemarketing; commercial offers and sales; fraudulent activities............... SB 567

Telephone and FAX Numbers; stationery used by state agencies............... HB 82

Telephone Companies or Utility; operator services; caller access. .............. SB 539

Telephone or Electronic Monitoring of Employees; restrictions. ...... SB 646

Telephones, Independent Companies and Cooperatives; commend. ............. SR 592

Television Translator Tower; lease of land; Black Rock Mountain.....

HR 861

TELEMARKETING Charitable Sales Promotion or Solicitation; law enforcement entities. .......... SB 611 Charitable Solicitations; define term; information to donors. .................. SB 582 Regulated Commercial Businesses and Professions; abusive activities. .......... SB 567 Solicitations; misrepresenting law enforcement affiliation; penalty. ........... HB 1886

TELEMEDICINE NETWORK; use of funds in Universal Service Fund....... HB 676

TEMPOROMANDIBULAR JOINT DISFUNCTION, TMJ; health insurance coverage. ................................................. SB 170

TERM LIMITATIONS Amend Constitution; General Assembly members.............................. SR 17 Amend Constitution; General Assembly members; Lieutenant Governor. ........ SR 90 Amend Constitution; General Assembly members; limit to four terms. ......... SR 140 Amend Constitution; General Assembly members; Lt. Governor; Other Executive Officers. .................................................. SR 5 Candidates for U.S. Senate and House of Representatives; limit terms. ........ SB 344 General Assembly Members; four-term limitation; amend Constitution. ........ SR 414 Persons Elected U.S. Senator and Representative; serve for 12 years. ........... SB 57

TERRELL COUNTY BOARD OF ELECTIONS AND REGISTRATION; creation. ............................................ HB 1944

THAXTON, HENRY F.; designate Thaxton Lane; Little Ocmulgee State Park.............................................................. HR 1126

THEFT

Carjacking; Anti-motor Vehicle Hijacking Act of 1994; felony penalty.

SB 288

Carjacking; armed robbery and robbery; racketeering; felony penalty.

HB 1080

Offense of Carjacking by Force or Offensive Weapon; felony penalty.

SB 491

Offense of Carjacking by Use of Force or Weapon; felony penalty.

SB 478

Offense of Misappropriation of Trade Secrets; definition; penalties.

SB 224

Property Improvements; conversion of payments; intent to defraud.

SB 50

School Property; criminal offense of school trespass; penalties.

SB 42

Theft by Conversion; failure to return rental or leased property.

HB 1358

Theft of Growing or Unharvested Agriculture Crops; fines................... HB 1277

THOMAS, CLARENCE; 106th Associate Justice U.S. Supreme Court; honoring. .......................................................... SR 403

THOMAS COUNTY CENTRAL HIGH SCHOOL FOOTBALL TEAM; commend............................................ SR 398

Refer to numerical index for page numbers

2530

JOURNAL OF THE SENATE

THOMAS, EUGENE EDGAR; commend.................................... SR 566

THOMASTON, CITY OF

Corporate Limits; deannex certain property................................ HB 1826

Thomaston-Upson County Office Building Authority; powers; authority.

HB 762

THOMPSON, JUDGE HUGH PROCTOR; Georgia Supreme Court; congratulate. .............................................. SR 564

THOMPSON, MELANIE; song presentation .............................. Page 381

THOMPSON, SENATOR STEVE Excused, appointment................................................... Page 563 Excused, illness .......................................................... Page 78 Statement on. ............................................ HB 1375 vote Page 2037

THOMSON, CITY OF; expenditures, fees; annual report; publication. ....... HB 1067

THORNTON, CHARLES ANTIONE, EAGLE SCOUT; commend.

SR 616

TICKET AGENTS; service charges; amusement, entertainment admission...... SB 309

TICKET SCALPING; unlawful excess charges; entertainment or sport events. ........................................ HB 1225

TIFT COUNTY Board of Commissioners; election districts. ................................ HB 1712 Board of Education; election districts; terms. .............................. HB 1711
Designate; Lt. Harold "Pinky" Durham Medal of Honor Highway; S.R. 35...... SR 251 Tifton-Tift County Day; designating. ....................................... SR 601

TIFTON, CITY OF; Tifton-Tift County Day; designating. ..... SR 601

TIMBER

Off-road Equipment for Growing, Harvesting; sales tax exemption.

HB 1762

Valuation for Ad Valorem Purposes; criteria; fair market value. ............... SB 233

TIP-OFF LAWS; unannounced inspections; nursing homes. ................... SB 563

TOBACCO PRODUCTS

Smoking in Certain Child Care Facilities Prohibited; posting signs. .......... HB 1358

Smoking in Child Care Facilities Prohibited. ................................ SB 471

Warehousemen; leaf tobacco; commission sales; maximum charges.

HB 1344

TOCCOA, CITY OF; corporate limits; deannex certain property.

HB 1497

TOLLWAY FACILITIES, PROJECTS; private operators.

SB 328

TOOMBS COUNTY; Superior Court; judges; payment of expenses.

HB 1988

TORTS

Liability Immunity; unpaid volunteers at school sponsored functions.

SB 41

Liability of Local Governmental Entities; sovereign immunity waived

extent of liability insurance protection. ................................... SB 649

Liability of Medical Students in Physician Residency Training.

HB 1892

Liability of Motor Vehicle Insurers; claims covered by two carriers.

HB 471

Sexual Harassment; abusive work environment; right of action................. SB 712

TOURISM

Staging of Historic Dramas; committee to study economic benefits.

HR 875

Staging of Historic Dramas; joint committee to study benefits.

HR 726

White House Conference in 1995, World Travel and Tourism Council,

Georgia Hospitality and Travel; recognize.................................. SR 623

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INDEX

2531

TOWING, WRECKER SERVICES

Derelict Vehicles Left Unattended or Inoperable; removal procedures.

.SB 340

Lien Foreclosure on Abandoned Motor Vehicles; affidavit riling fee............ HB 321

TRADE SCHOOLS

Nonpublic Postsecondary Education Commission. ............................ SB 308

Nonpublic Postsecondary Institutions; standards; prohibited activity.

HB 929

TRADE SECRETS; offense of theft; expand definition; penalties.. . . . ...

SB 224

TRAFFIC (See Motor Vehicles and Traffic)

TRANSPORTATION (Also See Highways or Public Utilities)

Aged and Disabled Transportation Services; task force to study. ............. HR 921

Aircraft; liens to secure debt for services, indemnity contracts. .............. HB 1400

Airport Development Authority; next major airport; urge locate

southwest and middle Georgia. ........................................... SR 579

Airport Site Proposed in Gwinnett County; urge DOT withdraw plans. ........ SR 499

Airports, Landing Fields; commercial expansion; referendum approval. .......... SB 94

Airports; mismanagement; Ga. Airport Development Authority takeover.

SB 408

Airports; public expansion; restriction; Ga. Development Authority............. SB 624

Commercial Drivers; serious traffic violations; define tank vehicle. ... HB 1376

Department; commercial driveway permits; charges, fees; limitations.

HB 546

Department; road projects; reimbursement to counties; exception. ............. SB 543

Department; state highway engineer; rename as 'chief engineer'.............. HB 1318

Department; utility contracting work; persons exempt licensure.

HB 1596

Designate; Clarence R. Vaughn, Jr. Freeway on Interstate Highway 20.

SR 376

Designate; Garland T. Byrd Bridge over Flint River on U.S. 19................ SR 502

Designate; General Ron Griffith Highway on S.R. 136 at LaFayette.

SR 228

Designate; Georgia Antiques Trail; route certain communities. .............. HR 1032

Designate; Hardy Durham Faulk, Sr. Memorial Bridge; Twiggs County.

SR 522

Designate; Hardy Durham Faulk, Sr. Memorial Bridge; Twiggs County. ....... HR 967

Designate; Herbert A. Saliba Bridge; State Highway 90; Dooly County.

HR 773

Designate; Howard "Bo" Warren Parkway; portion U.S. 84; Wayne County. HR 668

Designate; James E. (Billy) McKinney Bridge; Fulton County.

SR 628

Designate; James E. "Billy" McKinney Bridge; Fulton County.

HR 925

Designate; Lt. Harold Durham Medal of Honor Highway; Tift County.

SR 251

Designate; Martin Luther King, Jr. Boulevard; U.S. 278 to Cedartown.

SR 516

Designate; Private George W. Lee, Jr. Memorial Bridge on Highway 135.

HR 925

Designate; Ralph "Country" Brown Highway; Chattooga County.

HR 961

Designate; Ray McKibben Medal of Honor Highway; Haralson County.

HR 730

Designate; Reginald Trice Parkway; portion 1-75; Bibb County.

HR 1037

Designate; T. P. Ramsey Bridge; State Highway 282; Murray County.

SR 453

Designate; Vendie Hudson Hooks, Sr. Memorial Highway; Emanuel County. HR 768

Designate; Walter Kelly, Jr. Bridge over 1-75 in Cobb County. ................ SR 522

Designate; Ward Edwards Bridge on State Route 96 over Flint River.

SR 386

Georgia Transportation Authority; creation; powers; highways, rail

passenger facilities; private operators; toll charges.

SB 328

Highways; commercial driveway permits; limit amount of charges, fees.

HB 546

Highways; commercial vehicles operating without license; penalties.

SB 52

Highways; commuters; state employees; car-pools, flex-time plans.

SB 124

Highways; Developmental Highway System; exclude the Outer Perimeter.

SB 98

Highways; emergency call boxes in isolated areas. ............................ SB 213

Highways; state developmental system; road improvement corridors;

add East-west Highway from 1-59 North to 1-85 North.

HB 1767

Highways; weight, load requirements; allowable methods for compliance.

SB 38

Refer to numerical index for page numbers

2532

JOURNAL OF THE SENATE

TRANSPORTATION (Continued)

Hijacking; bus or rail vehicles; airplanes; life without parole. .................. SB 483

Intrastate, Interstate Commerce; cargo containers; exempt sales tax. ......... HB 1561

Limousine Carriers; registration; equipment safety; permits.

SB 317

MARTA; board of directors; terms; successor appointments; quorum;

personal liability of security force. ...................................... HB 1452

MARTA; operating costs; use of interest income from reserve funds.

HB 1451

MARTA Overview Committee; extend to July 1, 1998. ...................... HR 215

Motor Contract Carriers; exclusion; certain small buses for hire.............. HB 1783

Motor Fuel Taxes; additional purposes; rapid transit systems

and railroad passenger services. .......................................... SR 382

Public Roads; junkyards; location restrictions; screening; liens. ............... HB 180

Railroad Passenger Service; use of motor fuel tax revenue..................... SR 382

Rapid Transit Systems; motor fuel tax revenue; amend Constitution.

SR 382

Streets and Highways; work sites; speed restriction zones; signage.

SB 487

Vehicles; ambulances, van pools, exemption as motor common carrier;

require reflectors on pulpwood, pole trailers............................... HB 391

Vehicles Engaged Municipal Waste Collection; stopping on roads.

HB 879

Vehicles for Hire; trailers; permanent registration; license plate.

HB 1342

Vehicles Transporting Passengers; buses, vans; revise definition. ................ SB 80

TRANSPORTATION BOARD, STATE James L. Lester elected .................................................. Page 80 Steve Reynolds elected ................................................... Page 80

TRAWICK, STOVALL; regrets at passing. .................................. SR 597

TRESPASS, CRIMINAL

Entering Posted Lands or Property of Railroad Companies; penalty.

HB 1220

Offense of school trespass; penalties.......................................... SB 42

TREUTLEN COUNTY; Board of Education; compensation. ................ HB 2035

TRIAL JUDGES AND SOLICITORS RETIREMENT; spouse benefit contribution. .............................................. HB. 1020

TRIALS Appeals; grounds for dismissal; nonpayment of costs in trial court. Civil Cases; jury trials, appeals; probate courts; certain counties. Criminal and Misdemeanor Cases; evidence; discovery, inspection. Motion for new trial; time extension to file transcript.

SB 581 HB 1754 HB 828
SB 33

TRICE, REGINALD; designate Parkway to honor; Bibb County. ............ HR 1037

TROUP COUNTY

Ad Valorem; school district taxes; homestead exemption. ................... HB 1604

Retirement Plan; transferred juvenile probation employees; options.

HB 671

State Court; judge; full-time position; compensation; personnel.

SB 702

Troup County School District; define.

HB 1232

TRUCKS Commercial Drivers; serious traffic violations; tank vehicles. Commercial Vehicles Operating Without a License; penalties. International Shipping Cargo Containers, Chassis; exempt sales tax. Pickup Trucks Carrying Children; use of seatbelts required. Pulpwood Trailers and Pole Trailers; amber reflectors required. Trailers Used as Contract Carriers for Hire; permanent license plate. Vehicle Weight, Load Requirements; allowable methods for complying.

HB 1376 SB 52
HB 1561 HB 1486 HB 391 HB 1342
SB 38

TRULY, ADMIRAL RICHARD H.; recognizing.

SR 490

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INDEX

2533

TUNNEL HILL, CITY OF; property conveyance; W&A Railroad right-of-way. SR 500

TURNER, CHARLES; recognizing. ......................................... SR 576

TWIGGS COUNTY

Board of Commissioners; compensation; reports; receipts.

HB 1902

Board of Education; compensation; monthly meetings....................... HB 1901

Designate; Hardy Durham Faulk, Sr. Memorial Bridge.

HR 967

Designate; Hardy Durham Faulk, Sr. Memorial Bridge on State Route 87.

SR 522

Probate Court; judges; compensation; benefits.

HB 1954

Sheriff; compensation; benefits.

HB 1953

Superior Court; clerk; compensation; benefits.

HB 1955

Tax Commissioner; compensation; benefits.

HB 1956

u

UNCLAIMED PROPERTY; disposition; excess funds from tax sales. ......... SB 612

UNDERGROUND STORAGE TANK ACT Petroleum Pipelines; siting; moratorium on eminent domain rights; committee to study environmental impact on land. Sites Requiring Corrective Actions; violations; liability for damages, clean-up; criminal penalties; use of trust funds.

SB 626 HB 1619

UNEMPLOYMENT COMPENSATION (See Employment Security or Labor)

UNEMPLOYMENT TAX AMNESTY PROGRAM; employer one-time penalty waiver.................................................. HB 1388

UNFAIR BUSINESS PRACTICES (See Fair Business Practices or Selling or Commerce)

UNIFORM PARTNERSHIP ACT; foreign limited liability partnerships. HB 1813

UNION CITY; municipal elections; election by plurality vote.

HB 1730

UNITED FAMILY LIFE INSURANCE COMPANY; recognizing.

SR 654

UNIVERSITY OF GEORGIA

Academic Recognition Day of Georgia's Outstanding Scholars; commend.

SR 605

Cortona, Italy and UGA Studies Abroad Program; commend.

SR 603

Institute of Community/Area Development; computerized state atlas.

SR 559

UGA Gymnastics Team; commend. ......................................... SR 503

UNIVERSITY SYSTEM (Also See Colleges or Education or Regents Board)

Academic Recognition Day of Georgia's Outstanding Scholars; commend.

SR 605

Appropriations; budget funding requirement; amend Constitution.

SR 413

Appropriations; lottery proceeds; restrict under certain conditions.

SB 100

Board of Regents; appropriations; restrict creating new colleges.

HB 1149

Board of Regents; appropriations; restriction on use of funds.

HR 555

Georgia Collegiate Free Speech Act.

SB 709

Regents Retirement Plan; employees; amount of contributions.

HB 1723

Student Teacher Programs; assignment to summer school program.

HB 1130

Study Committee for a Seamless Education System; coordinate services.

SR 567

Refer to numerical index for page numbers

2534

JOURNAL OF THE SENATE

UPSON COUNTY

Board of Commissioners; election districts; reapportion. .................... HB 1870

Thomaston-Upson County Office Building Authority; powers; authority.

HB 762

U.S. GOVERNMENT (See Federal Government or Congress)

USED CARS, DISMANTLERS, SALVAGE; State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers; combined boards. HB 1390

UTILITIES (See Public Utilities and Transportation)

UTILITY UNDERGROUND SYSTEMS; Contracting Work; certificate holders; sanctions; bid procedures. .............................. HB 1596

VALDOSTA HIGH SCHOOL BASKETBALL TEAM; commend............ SR 661

VANDIVER, DR. ROY WESLEY; commend.

SR 618

VAUGHAN, HONORABLE JACK OF 34TH HOUSE DISTRICT; recognizing. .................................................. SR 408

VAUGHN, CLARENCE R., JR., FREEWAY; designate portion 1-20.

SR 376

VENEREAL DISEASES (See AIDS or Health)

VERNONBURG, TOWN OF; adopt Georgia Municipal Election Code.

SB 144

VETERANS AFFAIRS (Also See Military Affairs)

Disabled Veterans; free license plates, decals; honorary

driver's license for spouses. .............................................. SB 242

Disabled Veterans; hunting, fishing honorary licenses; legal weapons.

SB 243

Disabled Veterans; saltwater recreational fishing; honorary licenses.

SB 272

Handicapped and Impaired Veterans Housing Access Act.

SB 311

License Plates; special; commanders of certain veterans' organizations;

persons serving armed forces in certain wars. .............................. SB 547

License Plates; special; commanders of veterans' organizations.

HB 1601

License Plates; special; Purple Heart veterans; handicapped parking.

SB 401

License Plates; special; retired veterans of U.S. armed forces.

SB 367

License Plates; special; surviving spouse of deceased veterans.

HB 1340

License Plates; special; survivors of Pearl Harbor.

HB 1265

Veterans of WW II; creditable service; Employees Retirement System.

SB 255

Veterans Organization Headquarters; exempt ad valorem tax.

HB 1297

World War II Veterans; consider monument to honor.

SR 608

World War II Veterans; honoring; authorize study for a monument.

HR 815

VETOES BY GOVERNOR

1993 session ............................................................. Page 28

1994 session; line item, supplemental appropriations

Page 552

VICKERS, MARIA; National 4-H Champion; commend.

SR 424

VICTIMS OF CRIME Compensation for Violent Crimes; claims for awards; maximum amount; payments to service providers. Notification; offender's death, escape or change in custody status.

HB 690 HB 211

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INDEX

2535

VIDALIA, CITY OF; new charter......................................... HB 2012

VIDEO RECORDINGS, MOVIES, VCRS Evidence; videotapes, motion pictures, audio recordings; requirement. Videotapes of Motor Vehicle Violations; admissibility as evidence.

SB 412 HB 1228

VIENNA HISTORIC PRESERVATION SOCIETY; commend; state Cotton Museum...................................................... SR 426

VILLA RICA, CITY OF; mayor and council; two-year terms of office.

SB 729

VITAL RECORDS; spontaneous fetal deaths; reporting; registration.

HB 842

VOLUNTEERS SERVING SCHOOL SPONSORED FUNCTIONS; liability immunity. .......................................... SB 41

VOTING, VOTER REGISTRATION

Amend Provisions; registration; lists; polling places; precincts.

HB 897

Comprehensive Revisions; conform federal Act; 'motor voter bill'.

HB 1429

Elections; eliminate majority vote except in run-off or tie; eliminate

straight political party voting except presidential electors.

SB 680

Elections Materials; cards, list of electors; precincts; candidacy.

SB 639

Electors; voting precincts; false information; criminal penalties.

HB 1429

Municipal Elections; polling places; number within each precinct.

SB 496

Poll Officers, Superintendents; relatives of candidates ineligible;

restrict activities near polling places.

HB 297

Registrars, Deputy Registrars; eligibility; registration cards,

elector challenges, absentee ballots. ...................................... HB 295

Registration; identification document; remove certain type of record.

HB 437

Registration Places; PSD license examine offices; Motor Voter Bill. ............ SB 131

Registration; precinct changes; registrars at schools or colleges.

HB 297

Voter Registrars; duties; list of registered voters for jury lists.

SB 193

w

WADLEY, CITY OF; mayor and council; districts, terms, qualifications. WAGES (Also See Labor)
Income Taxes; reduced withholdings; raise allowances for dependents. Unemployment Benefits; recovery of overpayments; back wages paid. WALKER COUNTY Magistrate Court; chief magistrate; compensation. Property Conveyance; easement for sanitary sewer line. State Court; judge, secretary; compensation.
WALKER, J. B. AND HIS CHEAP WHISKEY BAND; commend.
WALKER, LOU OF PARAGON PRODUCTIONS, INC.; recognizing.
WALKER, SENATOR CHARLES; excused, State business Page 998
WALRAVEN, SHERIFF WESLEY C.; honoring.
WALTHOURVILLE; joint city-county fire protection authority.
WALTON COUNTY
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HB 1088
HB 596 HB 527
HB 2054 SR 467
HB 1732 SR 481 SR 656
SR 544 HB 1894

2536

JOURNAL OF THE SENATE

WALTON COUNTY (Continued)

Ad Valorem Taxes; homestead exemption; certain residents; referendum.. . . . . HB 1949

Board of Education; election districts; change composition. ................... SB 259

Retirement Plan; transferred juvenile probation employees; options.

HB 671

Sheriff; vacancy in office; chief deputy succeed.

HB 1963

Superior Court; Alcovy Judicial Circuit; third judgeship. ...................... SB 615

Walton County Commission on Children and Youth; creation.

HB 2013

Walton County Water and Sewerage Authority; chairman; compensation.

HB 1931

WARD, CHARLIE, FLORIDA STATE UNIVERSITY QUARTERBACK; commend.............................................. SR 400

WAREHOUSING Distributing Facilities; Business Expansion Support Act of 1994. ............ HB 1527 Leaf Tobacco Marketing; commission sales; maximum charges. .............. HB 1344 Self-storage Facilities; liens on stored property; public sale. ................. HB 1878

WARNER ROBINS, CITY OF

Ad Valorem; city taxes; homestead exemption; elderly residents.............. HB 1652

Hotel-Motel Tax; expending for Aviation Museum and Hall of Fame.

HB 1241

Mayor and Council; powers. ............................................. HB 1602

Mayor and Council; powers; duties; compensation; city manager;

corporate limits. ...................................................... HB 2032

Warner Robins Building Authority; secretary; city clerk..................... HB 1603

WARREN, HOWARD "BO"; designate Parkway in honor of; Wayne County. . HR 668

WARREN, MARY EVELYN, MAYOR PRO TEM OF ABBEVILLE; recognize. ......................... SR 508

WASHINGTON COUNTY

Superior Court; judges; payment of expenses.

HB 1988

Transfer from Oconee RDC to Central Savannah River RDC; ratify........... HR 360

WASTE MANAGEMENT (Also See Hazardous Materials or

Landfills or Natural Resources)

Biomedical Technology; committee to study economic opportunities.

SR 374

Hazardous Waste or Pollutant Facilities; permits; public hearings.

SB 262

Hazardous Waste Sites; corrective actions; incurring public debt.

HB 1521

Hazardous Waste; treatment; energy recovery burning, waste water,

cement kilns; management fees; variances.................................. SB 432

Municipal Waste Collection; vehicles used; stopping on roads; lights.

HB 879

Sewage; standards for on-site individual systems; proper approval.

HB 1658

Sewerage; public or private suppliers; prior occupant unpaid charges. ......... HB 862

Solid Waste; biomedical; additional disposal facilities; study. .................. SB 381

Solid Waste; disposal facilities; modification of expansion permits............ HB 1435

Solid Waste; disposal of yard trimmings by chipping, composting.

SB 289

Solid Waste Handling Facilities; special purpose county sales tax.

HB 1704

Solid Waste; regional authorities; removal of certain members; hazardous

wastesites, corrective actions; exemption to lead packaging. ............... HB 1521

Waste Water; hazardous waste treatment activities; fee requirements.

SB 432

Waste-Water; irrigation contractors; licensure; qualifications.

HB 516

Wastewater Treatment; new classification; very small public systems.

HB 1536

Water Resources; designating Clean Water Week.

SB 606

Water Resources; withdrawal, usage; approved water conservation plan.

SB 10

Water Treatment; waste-water; sludge disposal, storage facilities.

SB 276

WATER SUPPLY COMPANIES; Residential Service; unpaid charges of prior occupant; limited liens.

HB 862

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INDEX

2537

WATERS, PORTS AND WATERCRAFT

Boat Safety Act; violations; jurisdiction of Probate Courts.

HB 710

Boats; safety devices; operation restrictions; minors; towing limits;

time period; intoxicated persons; crime of reckless operation.

SB 601

Commercial Bait Shrimping; rules, regulations; licensure. ................... HB 1512

Georgia Ports Authority; enforcement; illegally parked vehicles.

HB 1136

Georgia Ports Authority; property conveyance; Columbus Olympic site.

HR 907

River Banks, Streams; junkyard location restrictions; screening.

HB 180

Saltwater Recreational Fishing and Charter Boat Fishing; licenses. ............ SB 272

Savannah River; boundary dispute between Georgia and South Carolina.

SB 572

Storm-water Runoff Into State Waters; land disturbing activities.

SB 608

Trout Waters and Seasons; change listing; artificial lure streams. .............. SB 527

Upper Oconee Basin Area; site counties; commission to manage. ............ HB 1514

Waste Water; hazardous waste treatment activities; fee requirements.

SB 432

Wastewater Treatment; operators; classify very small public systems.

HB 1536

Water Pollutants; public hearings prior to issuing facility permit.

SB 262

Water Pollution Control; public drinking water works; federal funds.

HB 1262

Water Pollution; impact of petroleum pipelines; committee to study. .......... SB 626

Water Pumping Systems; irrigation contractors; licensure.

HB 516

Water Resources; designating Clean Water Week. .... SB 606

Water Skis or Similar Devices; towing restrictions. ........................... SB 601

Water Treatment; sludge disposal, storage facilities; .regulate.

SB 276

WATSON, CORY; National 4-H Champion; commend......................... SR 423

WATSON, ROY H. (SONNY), JR. Museum of Aviation Foundation; urge name building to honor. .............. HR 875 Museum of Aviation Foundation; urge name building to honor. .............. HR 986

WAYCROSS, CITY OF; change corporate limits.

HB 1905

WAYNE COUNTY

Ad Valorem Taxes; homestead exemption; certain senior citizens. .... SB 699

Board of Commissioners; election districts; terms of office.

HB 1324

Board of Education; compensation; expense reimbursement.

SB 720

Board of Education; elections; qualifications; districts; terms.

HB 1323

Designate; Howard "Bo" Warren Parkway on U.S. Highway 84. .............. HR 668

WEAPONS (See Firearms or Courts)

WELFARE (See Social Services or Human Resources or Public Assistance)

WHEELER HIGH SCHOOL BASKETBALL TEAM; commend.

SR 646

WHITE COUNTY WATER AND SEWERAGE AUTHORITY; change membership. ..................................... HB 1682

WHITFIELD COUNTY Board of Commissioners; election districts; change composition. Board of Education; election districts; change composition. Juvenile Court; intake, probation services; transfer state system. Property Conveyance; W&A Railroad right-of-way; ConAgra Poultry. Retirement Plan; transferred juvenile probation employees; options. Superior Court; Conasauga Judicial Circuit; fourth judgeship. Superior Court; Conasauga Judicial Circuit; fourth judgeship. Superior Court; Conasauga Judicial Circuit; fourth judgeship.

SB 724 SB 723 SB 725 SR 469 HB 671 SB 450 SB 544 SB 261

WHITTENBURGER, NANCY; East Coweta High School Chorus; recognize. SR 487

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2538

JOURNAL OF THE SENATE

WHITWORTH, BOBBY JOE; urge rename Hart County Probation Detention Center. ............................................... SR 304

WILCOX COUNTY; superior court; judges; county salary supplement.

HB 1915

WILDLIFE PROTECTION STUDY COMMITTEE.

SR 259

WILKINSON COUNTY; Transfer from Oconee RDC to Middle Georgia RDC; ratify and approve.

HR 360

WILLIAMS, MRS. JENNIE V.; 104th Birthday; commend. .................. SR 504

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Ad Valorem; homestead exemption; notices to surviving spouse.

HB 835

Administrators and Executors; oaths; sales of estate property.

HB 1281

Beneficiary of a Year's Support; liens for taxes; priority...................... HB 989

Estates; access to mental health clinical records of clients. .................. HB 1405

Estates; property conveyances; alienability of future interests.

HB 1420

Estates; year's support of family of the deceased; increase amount.

SB 81

Inheritance by Illegitimates; paternity; evidence; genetic testing.

SB 148

Probate of Foreign Wills; recording in county in which property lies.

HB 361

WILSON, ELIZABETH; recognizing. ....................................... SR 655

WILSON, NINA; claims against the state; compensate. ....................... HR 96

WINE (See Alcoholic Beverages)

WINGATE, JACK; commend. ................. SR 604

WINKLER, CRAIG J.; claims against the state; compensate. ................ HR 263

WINN, FRANK M.; 100th Birthday; recognizing........... SR 451

WINTERVILLE; mayor, council; vacancies; establish municipal court.

HB 1773

WISHAM, OFFICER CARRY; Peace Officer Meritorious Service Award; commend................................................... SR 514

WOMEN'S ISSUES

Battered Women, Georgia Council on; commend. ............................ SR 465

Georgia Commission on Women; member expenses; agency assignment.

HB 68

WOOD, CARMI U., DIRECTOR OF VOCATIONAL TRANSITIONS; commend. .............................................. SR 613

WOODWARD ACADEMY LADY EAGLES VOLLEYBALL TEAM; commend. ........................................................ SR 460

WORK FOR WELFARE PROGRAM; establish; participation requirements. SB 464

WORKERS' COMPENSATION Benefits; entitlement; physician release; total, partial disability. Benefits; forfeiture; injuries caused by intoxication or drug use. Benefits; grounds for denial; drug tests; forfeit right to recover. Disability Benefits; causation; denial; return to work. Employee Compensable Injuries; independent medical examination. Exclusion; small employers providing other type insurance coverage. Health Care Providers; selection; certified plans; activities review. Ineligible Employees; persons not legal U.S. citizen; illegal aliens. Injured Workers; medical tests; procedures; listing of providers. Insurance; premium discounts; drug-free workplace programs. Insurers; assignment of rejected risks; managed care programs. Insurers; policy cancellation; notices dispatched by certified mail.

HB 1505 SB 235 SB 545
HB 1505 SB 267 SB 176
HB 1505 SB 501 SB 300 SB 310 SB 695 HB 482

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INDEX

2539

WORKERS' COMPENSATION (Continued)

Rehabilitation Counselors; license; qualifications; requirements. ............... .SB 642

State Board; chairperson, members; qualifications.

HB 1505

Subsequent Injury Trust Fund; reimbursements; premium rating factor.

HB 1505

Tort Claims Against State by State Employees; exclusive remedy.

HB 1921

Use of Alcohol or Drugs; grounds for denial; rebuttable presumption.

HB 1505

WORLD CONGRESS CENTER

Authority; expand projects; facilities, plaza, park, grants, gifts.

HB 1664

Authority; powers; expand definition of projects; grants, gifts;

disposition of a project to public entities.

SB 569

Hiring Practices; requirements; residents of area neighborhoods................. SB 39

WORLD TRAVEL AND TOURISM COUNCIL AND JAMES D. ROBINSON; recognize........................................ SR 623

WRECKERS (See Towing, Wrecker Services)

WRIGHT, RICHARD, EAGLE SCOUT; commend.

SR 649

ZONING (Also See Property)

Land Use Issues, Building Codes; barriers to affordable housing. .............. SR 406

Municipalities; corporate limits; deannexation procedures.

HB 1544

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