Journal of the Senate of the State of Georgia regular session 1995 volume one, commenced at Atlanta, Georgia, Monday, January 9, 1995 and adjourned Friday, March 17, 1995

Compiler's Note
The Journal of the Senate for the regular session of 1995 is bound in two separate volumes. Volume One contains January 9, 1995 through March 10, 1995. Volume Two contains March 13, 1995 through March 17, 1995 and the complete index. Volume Two also contains the Journal and index for the 1995 Special Session.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION 1995
VOLUME ONE
Commenced at Atlanta, Georgia, Monday, January 9, 1995 and adjourned Friday, March 17, 1995
Printed on Recycled Paper

OFFICERS
OF THE
STATE SENATE
1995
PIERRE HOWARD ................ President (Lieutenant Governor)
FULTON COUNTY
WALTER RAY ............................. President Pro Tempore
COFFEE COUNTY
FRANK ELDRIDGE, JR. ................... Secretary of the Senate
WARE COUNTY
MATTHEW HILL ................................ Sergeant at Arms
BARTOW COUNTY
STAFF OF SECRETARY OF SENATE ALICE ENRIGHT ................................ Deputy Secretary
FULTON COUNTY
ROBERT EWING............................... Assistant Secretary
DeKALB COUNTY
DEBBIE SORRELLS ................................. Journal Clerk
GWINNETT COUNTY
AGNES DOSTER................................... Enrolling Clerk
GWINNETT COUNTY
CLARA BASKIN ................................. Bill Status Clerk
COBB COUNTY
LINDA THOMPSON ............................... Calendar Clerk
CLAYTON COUNTY
FAYE MOORE ............................ Index/Information Clerk
GWINNETT COUNTY
FREIDA ELLIS .......................................... Bill Clerk
FULTON COUNTY
JEFFREY FOLEY ............................ Assistant to Secretary
DeKALB COUNTY
AMANDA LONG............................. Assistant to Secretary
HENRY COUNTY

MEMBERS OF THE
SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES FOR THE TERM 1995-1996

Senators

District

Address

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

Don Balfour (R) ...................... 9 ........Lilburn

John (J.L.) Black (R) .................. 53 ........Lookout Mountain

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

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

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

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

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

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

Casey Cagle (R)....................... 49 ........Gainesville

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

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

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

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

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

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

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

Steve Farrow (D)...................... 54 ........Dalton

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

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

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

Floyd L. Griffin, Jr. (D) ............... 25 ........Milledgeville

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

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

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

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

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

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

Donzella J. James (D) ................. 35 ........College Park

Diane Harvey Johnson (D) ............. 2 ........Savannah

Eric Johnson (R) ...................... 1 ........Savannah

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

Clay Land (R) ........................ 16 ........Columbus

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

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

Richard O. Marable (D) ............... 52 ........Rome Perry McGuire (R) .................... 30 ........Carrollton Guy Middleton (D) .................... 50 ........Dahlonega Sallie Newbill (R) ..................... 56 ........Atlanta Mary Margaret Oliver (D) ............. 42 ........Decatur Sonny Perdue (D) ..................... 18 ........Bonaire G.B. "Jake" Pollard, Jr. (D) ............ 24 ........Appling Harold J. Ragan (D) ................... 11 ........Cairo David Ralston (R) ..................... 51 ........Blue Ridge Walter S. Ray (D) ..................... 19 ........Douglas David Scott (D) ....................... 36 ........Atlanta Ron Slotin (D) ........................ 39 ........Atlanta Terrell Starr (D) ....................... 44 ........Forest Park Connie Stokes (D) ..................... 43 ........Decatur Charlie Tanksley (R) .................. 32 ........Marietta Mark Taylor (D) ...................... 12 ........Albany Nadine Thomas (D) ................... 10 ........Atlanta Steve Thompson (D) .................. 33 ........Powder Springs Loyce W. Turner (D) .................. 8 ........Valdosta James W. (Jim) Tysinger (R) .......... 41 ........Atlanta Charles W. Walker (D) ................ 22 ........Augusta

MONDAY, JANUARY 9, 1995
SENATE JOURNAL
Senate Chamber, Atlanta, Georgia Monday, January 9, 1995 First Legislative Day
The Senators-elect of the General Assembly of Georgia for the years 1995-96 met pursuant to law in regular session in the Senate Chamber at 10:00 A.M. this day, and were called to order by Lieutenant Governor Pierre Howard, President of the Senate.
The President introduced the chaplain of the day, Reverend Nelson Price, pastor of Roswell Street Baptist Church, Marietta, Georgia, who offered scripture reading and prayer.
The President led the Senators-elect in the Pledge of Allegiance to the Flag of the United States of America.
The following communications were received and read by the Secretary:
The State Senate Atlanta, Georgia 30334
June 24, 1994
The Honorable Zell Miller Governor State Capitol Atlanta, Georgia 30334 Dear Governor Miller: Please accept this as my letter of resignation from the Georgia State Senate, District 16, and as President Pro Tempore of the Senate. Please make this resignation effective July 10, 1994. As you know, I am not seeking re-election and I tender my resignation early in order to pursue other business interests. It has been an honor to serve you, my district and Georgia.
Respectfully, /s/ Pete Robinson
STATE OF GEORGIA Office of the Governor Atlanta, Georgia 30334-0900
July 6, 1994
Honorable Pete Robinson State Senator 236 State Capitol Atlanta, Georgia 30334 Dear Pete:
This will acknowledge receipt of your recent correspondence in which you tendered your resignation as a member of the Georgia State Senate. By copy of this letter, your resignation is hereby accepted, effective July 10, 1994.

2

JOURNAL OF THE SENATE

Your service to the State of Georgia in the above capacity is greatly appreciated, and I extend to you my best wishes for the future.
With kindest personal regards, I remain
Sincerely,
/a/ Zell Miller
The State Senate Atlanta, Georgia 30334
November 10, 1994
The Honorable Zell Miller Governor of the State of Georgia The State Capitol Atlanta, Georgia 30334
Dear Governor:
Please accept this letter as notification of my plans to withdraw and not accept the 32nd Senate District seat for the 1995-96 term to which I was reelected on November 8, 1994. As I stated in my September 2nd letter, I have accepted a position in the corporate world. The time constraints and travel associated with my new job dictate that I cannot continue serving in the General Assembly, especially during the busy legislative session. So that you will have ample time to call an election and fill my seat before the next session begins, my withdrawal is effective Friday, November 11, 1994. It is my intention to serve the remainder of my current term. Let me say again that serving in the Senate has been an enjoyable and rewarding experience. I sincerely appreciate your friendship and the help you and your staff have given me over the years.
Sincerely,
/s/ Hugh Ragan
The State Senate Atlanta, Georgia 30334
November 10, 1994
Mr. Jeff Lanier Director of Elections Secretary of State 1104 W. Tower Atlanta, Georgia 30334
Dear Jeff:
Please accept this letter as notification that as the elected candidate to Senate District 32 for the 1995-96 legislative term, I am withdrawing and will not accept the office. This withdrawal is effective as of November 11, 1994.
Thank you for the many courtesies extended to me during my service in the Georgia State Senate.
Sincerely,
/s/ Hugh Ragan

MONDAY, JANUARY 9, 1995

Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S.E. Atlanta, Georgia 30334-1505

LEGAL NOTICE

FOR PUBLICATION IN THE ATLANTA JOURNAL-CONSTITUTION
ON NOVEMBER 13. 1994

CALL FOR SPECIAL ELECTION
Notice is hereby given that a special election shall be held, pursuant to O.C.G.A. 21-2504, in portions of Cobb County to fill the office of State Senator, District 32, for the term of office beginning January 9, 1995, and ending January 13, 1997, due to the withdrawal of the Honorable Hugh A. Ragan after election, but prior to taking office. The special election shall be held on December 13, 1994. A run-off election, if needed, shall be held on January 3, 1995.
Qualifying for the special election shall be held in the Elections Division of the Office of the Secretary of State, 1104 West Tower, 2 Martin Luther King, Jr., Drive, Atlanta, Georgia 30334-1505, beginning at 9:00 a.m. on November 14, 1994, and ending at Noon on November 18, 1994. The qualifying fee shall be $400.00.
In addition, pursuant to O.C.G.A. 21-2-140, each candidate qualifying in this special election must submit a certificate at the time the candidate qualifies that the candidate has been tested by an approved laboratory for illegal drugs within the past thirty days prior to qualifying and that the results of such test are negative.
All persons who are not registered to vote and who desire to register to vote in the special election may register to vote through the close of business on November 18,1994. Polls will be open from 7:00 a.m. until 7:00 p.m.
/s/ Max Cleland Secretary of State

The following communication from the Honorable Max Cleland, Secretary of State, certifying the Senators-elect in the General Election of 1994, was received and read by the Secretary:

STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached 56 pages of typewritten matter constitute a true and correct copy of the votes cast for the office of State Senator in the General Assembly of Georgia in the 1994 General Election held on November 8, 1994; all as the same appear of file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 4th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-five and of the Independence of the United States of America the Two Hundred and Nineteenth.
/s/ Max Cleland Secretary of State
(SEAL)

JOURNAL OF THE SENATE

Eric B. Johnson

STATE SENATOR, DISTRICT 1
Chatham Total 19,932 19,932

Diane H. Johnson Marc A. Smith

STATE SENATOR, DISTRICT 2

Bryan Chatham Effingham Liberty

776 10,990

22

4

0500

Total 11,792
5

Rene D. KempIncumbent

STATE SENATOR, DISTRICT 3

Bryan 1,149

Glynn 6,498

Liberty 3,416

Long Mclntosh

726

1,911

Jack HillIncumbent

STATE SENATOR, DISTRICT 4

Bulloch Effingham Evans

7,428

2,816

1,194

Jenkins 961

Screven 1,466

Joe Burton Incumbent

STATE SENATOR, DISTRICT 5
DeKalb Gwinnett Total 18,385 10,469 28,854

Mike Streat Edward E. Boshears-
Incumbent

STATE SENATOR, DISTRICT 6

Appling 997
2,399

Bacon 732 827

Brantley 946
1,471

Glynn 1,565 4,927

Pierce
1,398 1,263

Ware
1,859 2,084

Wayne
1,787 2,841

Total
9,284 15,812

Peg Blitch Incumbent

STATE SENATOR, DISTRICT 7

Berrien Camden Charlton Clinch

2,879

2,116

784

749

Echols Lanier

Tift

Ware

301

772

4,282

1,790

Cook 1,274
Total 14,947

Loyce W. TurnerIncumbent

STATE SENATOR, DISTRICT 8

Brooks 897

Decatur 1,069

Grady 1,343

Lowndes 10,119

Miller 636

Donald Balfour Incumbent

STATE SENATOR, DISTRICT 9
Gwinnett Total 27,739 27,739

Nadine ThomasIncumbent

STATE SENATOR, DISTRICT 10

Clayton DeKalb 3,715 10,241

Total 13,956

Wayne Total 589 14,289
Tattnall Total 2,563 16,428
Thomas Total 3,700 17,764

MONDAY, JANUARY 9, 1995

Harold Ragan Incumbent
Mark TaylorIncumbent
Rooney L. BowenIncumbent
George HooksIncumbent
Ed Harbison Incumbent
Clay Land
Mike D. Crotts Incumbent
Sonny PerdueIncumbent
Walter S. RayIncumbent

STATE SENATOR, DISTRICT 11

Baker 68

Brooks Colquitt Decatur

714

636

1,398

Early 2,042

Grady Lowndes Mitchell Seminole Thomas

918

1,535

3,295

1,384

2,348

STATE SENATOR, DISTRICT 12

Baker Calhoun

409

1,148

Clay Dougherty Quitman

501 10,637

367

Randolph Stewart Terrell Webster

1,400

709

1,263

283

STATE SENATOR, DISTRICT 13

Ben Hill Colquitt Cook

Crisp

1,556

3,368

819

2,547

Total 16,717
Dooly 1,486

Irwin Mitchell Turner Worth

1,337

337

1,587

3,267

STATE SENATOR, DISTRICT 14

Dougherty Lee

6,895

3,249

Macon 1,682

Peach 2,945

Total 16,304

Schley 696

Sumter 3,979

Taylor 1,542

Total 20,988

STATE SENATOR, DISTRICT 15

Chattahoochee Muscogee Total

324

8,822

9,146

STATE SENATOR, DISTRICT 16

Harris 2,439

Marion Muscogee Talbot

882 16,781

503

STATE SENATOR, DISTRICT 17

Butts

Henry Newton Rockdale

2,497 14,242

3,333

6,017

Total 20,605
Total 26,089

STATE SENATOR, DISTRICT 18

Bibb Bleckley Houston Pulaski

976

1,380 18,300

1,304

Total 21,960

STATE SENATOR, DISTRICT 19

Atkinson Ben Hill

669

429

Coffee 3,381

Dodge 2,364

JeffDavis Laurens Tslfair

1,616

3,436

1,416

Wilcox 1,045

Total 14,356

Total 14,338

JOURNAL OF THE SENATE

Hugh Gillis Incumbent

STATE SENATOR, DISTRICT 20

Candler Emanuel Johnson Laurens Montgomery

961

2,268

1,133

2,124

1,056

Toombs Treutlen Washington Wheeler Wilkinson Total

3,107

1,261

2,155

763

599 15,427

Johnny IsaksonIncumbent

STATE SENATOR, DISTRICT 21

Cobb 33,187

Total 33,187

Charles W. WalkerIncumbent

STATE SENATOR, DISTRICT 22
Burke Richmond Total 2,335 11,557 13,892

Don CheeksIncumbent

STATE SENATOR, DISTRICT 23
Columbia Richmond Total 5,535 16,109 21,644

G.B. PollardIncumbent

STATE SENATOR, DISTRICT 24

Columbia Glascock Jefferson Lincoln McDuffie

8,960

296

875

1,738

3,495

Morgan 2,360

Oconee Oglethorpe Warren

370

1,983

167

Wilkes 1,885

Total 22,129

Floyd L. Griffin Alan Foster

STATE SENATOR, DISTRICT 25

Baldwin 5,225 556

Greene 2,124
135

Hancock 1,230 32

Jasper 1,162
33

Jefferson 1,190 0

Jones 3,016
131

Putnam Taliaferro Warren Washington

1,799

578

575

394

372

28

1

3

Total 17,293 1,291

Robert BrownIncumbent

STATE SENATOR, DISTRICT 26

Bibb 13,638

Jones 315

Twiggs Wilkinson

1,403

840

Total 16,196

W.F. Harris Ed Gochenour
Incumbent

STATE SENATOR, DISTRICT 27

Bibb 7,310 10,725

Crawford 1,252 674

Lamar 1,996 1,209

Monroe 2,778 1,873

Upson 3,213 2,676

Total 16,549 17,157

Arthur "Skin" EdgeIncumbent

STATE SENATOR, DISTRICT 28

Coweta Fayette Spalding Total

11,809

8,280

5,130 25,219

MONDAY, JANUARY 9, 1995

Steve Langford Incumbent

STATE SENATOR, DISTRICT 29

Harris 137

Heard Meriwether Pike Spalding

1,458

4,828

2,130

1,467

Sam P. Roberts Perry McGuire
Incumbent

STATE SENATOR, DISTRICT 30

Carroll 6,227 9,095

Douglas 3,980 6,623

Total 10,207 15,718

Nathan DeanIncumbent
Bob Mayzes

STATE SENATOR, DISTRICT 31

Bartow Haralson Paulding Polk

2,824

3,486

5,277

4,604

2,807

1,857

5,142

2,521

Total 16,191
12,327

Hugh Ragan Incumbent
David Banks

STATE SENATOR, DISTRICT 32

Cobb 24,917

Total 24,917

695

695

Steve ThompsonIncumbent

STATE SENATOR, DISTRICT 33

Cobb 17,040

Total 17,040

Pam Glanton Incumbent

STATE SENATOR, DISTRICT 34

Clayton Douglas Fayette

5,994

5,504

9,407

Fulton 2,302

Total 23,207

Donzella James

STATE SENATOR, DISTRICT 35

Fulton 17,302

Total 17,302

David ScottIncumbent

STATE SENATOR, DISTRICT 36

Fulton 12,817

Total 12,817

Chuck ClayIncumbent

STATE SENATOR, DISTRICT 37

Cherokee Cobb 7,326 25,704

Total 33,030

Ralph D. AbernathyIncumbent
Michael B. Gaines

STATE SENATOR, DISTRICT 38

Cobb

Fulton

Total

565 17,838 18,403

796

6,373

7,169

Troup Total 10,247 20,267

JOURNAL OF THE SENATE

Ron Slotin Incumbent
Mike Egan Incumbent
James W. TysingerIncumbent
Mary M. Oliver Incumbent
Steve R. Schultz
Connie Stokes
Terrell A. StarrIncumbent
Len Terrell Bob Guhl-
Incumbent
Paul C. BrounIncumbent
Paul Hartman
Eddie MaddenIncumbent
Jerrie Lynn Peevy Clint Day-
Incumbent

STATE SENATOR, DISTRICT 39

Fulton 15,303

Total 15,303

STATE SENATOR, DISTRICT 40

Fulton 32,699

Total 32,699

STATE SENATOR, DISTRICT 41

DeKalb Gwinnett Total

14,619

6,509 21,128

STATE SENATOR, DISTRICT 42

DeKalb 21,233

Total 21,233

10,389 10,389

STATE SENATOR, DISTRICT 43

DeKalb 20,515

Total 20,515

STATE SENATOR, DISTRICT 44

Clayton 14,083

Total 14,083

STATE SENATOR, DISTRICT 45

Barrow 1,039 1,909

Newton 2,309 2,957

Rockdale 2,983 5,298

Walton 3,891 4,643

Total 10,222 14,807

STATE SENATOR, DISTRICT 46

Barrow 1,837

Clarke 12,555

Oconee 2,860

Total 17,252

1,774

6,167

2,779 10,720

STATE SENATOR, DISTRICT 47

Elbert Franklin Hart Jackson

2,147

3,941

3,517

2,854

5,163

STATE SENATOR, DISTRICT 48

Forsyth 1,635 4,801

Fulton 85 278

Gwinnett 9,433 19,421

Total 11,153 24,500

Madison Total 2,445 20,067

MONDAY, JANUARY 9, 1995

Jane HemmerIncumbent
L.S. Cagle

STATE SENATOR, DISTRICT 49

Forsyth 2,861

Hall 10,645

Total 13,506

3,247 13,449 16,696

Guy MiddletonIncumbent

STATE SENATOR, DISTRICT 50

Dawson Habersham Lumpkin Rabun

2,212

4,161

2,815

2,288

Stephens Towns

3,320

1,760

Union 2,726

White 3,201

Total 22,483

David Ralston Incumbent

STATE SENATOR, DISTRICT 51

Cherokee Fannin

7,260

4,555

Gilmer 2,400

Gordon 3,251

Pickens 2,147

Richard Marable Incumbent
Bobby G. Payne

STATE SENATOR, DISTRICT 52

Bartow 2,240

Floyd 11,000

Total 13,240

2,688

8,849 11,537

Waymond Huggins-iIncumbent
John J.L. Black

STATE SENATOR, DISTRICT 53

Chattooga Bade

2,849

1,068

Walker Whitfield

5,144

1,563

1,680

1,497

5,833

2,323

Total 10,624
11,333

Steve FarrowIncumbent

STATE SENATOR, DISTRICT 54

Catoosa Murray Whitfield Total

6,612

3,286

7,581 17,479

Steve HensonIncumbent

STATE SENATOR, DISTRICT 55

DeKalb 10,404

Total 10,404

Sallie NewbillIncumbent

STATE SENATOR, DISTRICT 56

Cherokee Fulton Gwinnett Total

3,106 25,180

5,709 33,995

Total 19,613

10

JOURNAL OF THE SENATE

The following communication from the Honorable Max Cleland, Secretary of State, cer tifying the special election for the 32nd Senate district, was received and read by the Secretary:

STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the consoli dated returns on file in this office for the Special Election held on the 13th day of December, 1994, in District 32 of the State Senate, in portions of Cobb County, to fill the vacancy existing due to the withdrawal of the Honorable Hugh A. Ragan, show the following results:
David Bowers ------------------------------ 412 Frank Bradford ---------------------- 196 Bette Goggans ---------------- 1,123 Charlie Tanksley ----------------------1,627

Inasmuch as no candidate received a majority of the votes cast, a Special Runoff Election was held on January 3, 1995 and the consolidated returns on file in this office show the following results:
Bette Goggans ---------------------- 1,499 Charlie Tanksley ---------------- 2,038

Having received a majority of the votes cast, Charlie Tanksley was duly elected to this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 6th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-five and of the Independence of the United States of America the Two Hundred and Nineteenth.

(SEAL)

/s/ Max Cleland Secretary of State

The President called for the morning roll call, and the following Senators-Elect an swered to their names:

Abernathy, 38th Balfour, 9th Black, 53rd Blitch, 7th Boshears, 6th Bowen, 13th Broun, 46th Brown, 26th Burton, 5th Cagle, 49th Cheeks, 23rd Clay, 37th Crotts, 17th Day, 48th Dean, 31st Edge, 28th Egan, 40th Farrow, 54th Gillis, 20th

Glanton, 34th Gochenour, 27th Griffin, 25th Guhl, 45th Harbison, 15th Henson, 55th Hill, 4th Hooks, 14th Isakson, 21st James, 35th Johnson, D, 2nd Johnson, E, 1st Kemp, 3rd Land, 16th Langford, 29th Madden, 47th Marable, 52nd McGuire, 30th Middleton, 50th

Newbill, 56th Oliver, 42nd Perdue, 18th Pollard, 24th Ragan, llth Ralston, 51st Ray, 19th Scott, 36th Slotin, 39th Starr, 44th Stokes, 43rd Tanksley, 32nd Taylor, 12th Thomas, 10th Thompson, 33rd Turner, 8th Tysinger, 41st Walker, 22nd

MONDAY, JANUARY 9, 1995

11

The President introduced Supreme Court Justice Hugh P. Thompson, who adminis tered the oath of office to all the Senators-elect. The Senators came to the Well of the
Senate in groups of seven to take the following oath of office:

"I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State. I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor any one of the several states, nor of any foreign state, that I am otherwise qualified to hold said office according to the Constitution and the laws of Georgia. So help me God."
The President addressed the Senate briefly.
The President announced that the next order of business was the election of the Presi dent Pro Tempore.
Senator Gillis of the 20th nominated Senator Walter Ray of the 19th as President Pro Tempore.
Senator Marable of the 52nd seconded the nomination.
Senator Clay of the 37th nominated Senator Edge of the 28th as President Pro Tempore.
Senator Balfour of the 9th seconded the nomination.
Senator Perdue of the 18th asked unanimous consent that the nominations be closed; the consent was granted.

The President ordered a roll call vote on the nominees for President Pro Tempore; a
yea vote would favor Senator Edge of the 28th, a nay vote would favor Senator Ray of the 19th. The vote was as follows:

Those voting for Senator Edge were Senators:

Balfour Black Boshears
Burton
Cagle
Clay Crotts

Day Edge Egan
Glanton
Gochenour
Guhl Isakson

Johnson of 1st Land McGuire
Newbill
Ralston
Tanksley Tysinger

Those voting for Senator Ray were Senators:

Abernathy
Blitch Bowen
Broun of 46th Brown of 26th Cheeks Dean
Farrow Gillis Griffin
Harbison
Henson

Hill
Hooks James
Johnson of 2nd Kemp Langford Madden
Marable Middleton Oliver
Perdue
Pollard

Ragan
Ray Scott
Slotin Starr Stokes Taylor
Thomas Thompson Turner
Walker

On the vote for President Pro Tempore, the votes for Senator Edge were 21, the votes for Senator Ray were 35, and Senator Ray of the 19th was elected President Pro Tempore.
The President appointed Senators Gillis of the 20th, Marable of the 52nd, Perdue of the 18th, Walker of the 22nd and Oliver of the 42nd to escort Senator Ray of the 19th, President Pro Tempore, to the Well of the Senate, where he addressed the Senate briefly.
The President announced that the next order of business was the election of the Secre tary of the Senate.

12

JOURNAL OF THE SENATE

Senator Broun of the 46th nominated the Honorable Frank Eldridge, Jr., of Ware County, as Secretary of the Senate.
Senator Blitch of the 7th seconded the nomination.
Senator Perdue of the 18th asked unanimous consent that nominations be closed, and that the Deputy Secretary be instructed to cast the vote of the entire body for Honorable Frank Eldridge, Jr.
The consent was granted, and the Honorable Frank Eldridge, Jr., was declared duly elected Secretary of the Senate.
The President appointed Senators Broun of the 46th, Perdue of the 18th and Blitch of the 7th as a committee to escort Mr. Eldridge to the Secretary's Rostrum where the oath of office was administered by Lieutenant Governor Pierre Howard, President of the Senate.
The President announced that the next order of business was the election of the Ser geant at Arms of the Senate.
Senator Marable of the 52nd nominated Matthew Hill as Sergeant at Arms of the Senate.
Senator Thomas of the 10th seconded the nomination.
Senator Perdue of the 18th asked unanimous consent that the nominations be closed, and the Secretary be instructed to cast the vote of the entire body for Matthew Hill as Sergeant at Arms of the Senate.
The consent was granted, and Matthew Hill was declared duly elected Sergeant at Arms of the Senate.
The President announced the appointment of the following Standing Committees for the 1995-96 Term:

AGRICULTURE

Ragan of the llth, Chairman Middleton of the 50th, Vice Chairman Guhl of the 45th, Secretary

Cagle of the 49th James of the 35th

APPROPRIATIONS

Hooks of the 14th, Chairman Starr of the 44th, Vice Chairman Walker of the 22nd, Secretary
Abernathy of the 38th Blitch of the 7th Boshears of the 6th Bowen of the 13th Broun of the 46th Burton of the 5th Cheeks of the 23rd Clay of the 37th Crotts of the 17th Day of the 48th Dean of the 31st Edge of the 28th Gillis of the 20th Harbison of the 15th Henson of the 55th Hill of the 4th

Isakson of the 21st Johnson, D. of the 2nd Madden of the 47th Marable of the 52nd McGuire of the 30th Middleton of the 50th Oliver of the 42nd Perdue of the 18th Pollard of the 24th Ragan of the llth Ralston of the 51st Ray of the 19th Scott of the 36th Slotin of the 39th Taylor of the 12th Thompson of the 33rd Turner of the 8th Tysinger of the 41st

MONDAY, JANUARY 9, 1995

13

BANKING AND FINANCIAL INSTITUTIONS

Turner of the 8th, Chairman Clay of the 37th, Vice Chairman Middleton of the 50th, Secretary
Balfour of the 9th Broun of the 46th Crotts of the 17th Day of the 48th

Harbison of the 15th Johnson, E. of the 1st Ray of the 19th Scott of the 36th Starr of the 44th Stokes of the 43rd

CONSUMER AFFAIRS

Henson of the 55th, Chairman Stokes of the 43rd, Vice Chairman Boshears of the 6th, Secretary

James of the 35th Johnson, E. of the 1st

CORRECTIONS, CORRECTIONAL INSTITUTIONS AND PROPERTY

Dean of the 31st, Chairman Hill of the 4th, Vice Chairman Blitch of the 7th, Secretary
Cagle of the 49th

Gochenour of the 27th Guhl of the 45th Langford of the 29th

DEFENSE AND VETERANS AFFAIRS

Harbison of the 15th, Chairman Glanton of the 34th, Vice Chairman Griffin of the 25th, Secretary

Black of the 53rd Johnson, D. of the 2nd

ECONOMIC DEVELOPMENT, TOURISM AND CULTURAL AFFAIRS

Broun of the 46th, Chairman Brown of the 26th, Vice Chairman Johnson, E. of the 1st, Secretary
Gillis of the 20th

Hooks of the 14th (Ex-Officio) Perdue of the 18th Ray of the 19th (Ex-Officio)

EDUCATION

Marable of the 52nd, Chairman Oliver of the 42nd, Vice Chairman Isakson of the 21st, Secretary
Balfour of the 9th Land of the 16th Madden of the 47th Middleton of the 50th

Newbill of the 56th Ragan of the llth Ralston of the 51st Scott of the 36th Slotin of the 39th Starr of the 44th Tanksley of the 32nd

ETHICS

Farrow of the 54th, Chairman
Henson of the 55th, Vice Chairman Egan of the 40th, Secretary
Harbison of the 15th Hill of the 4th Isakson of the 21st

Middleton of the 50th
Oliver of the 42nd Perdue of the 18th Ray of the 19th Taylor of the 12th

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JOURNAL OF THE SENATE

FINANCE AND PUBLIC UTILITIES

Starr of the 44th, Chairman Farrow of the 54th, Vice Chairman Guhl of the 45th, Secretary
Bowen of the 13th
Brown of the 26th Egan of the 40th

Gillis of the 20th Land of the 16th Newbill of the 56th Perdue of the 18th
Tanksley of the 32nd Thompson of the 33rd
Turner of the 8th

HEALTH AND HUMAN SERVICES

Walker of the 22nd, Chairman Thomas of the 10th, Vice Chairman Slotin of the 39th, Secretary
Balfour of the 9th Boshears of the 6th Crotts of the 17th Griffin of the 25th

Harbison of the 15th Henson of the 55th Johnson, D. of the 2nd Madden of the 47th Ragan of the llth Stokes of the 43rd

HIGHER EDUCATION

Hill of the 4th, Chairman Farrow of the 54th, Vice Chairman Broun of the 46th, Secretary
Cagle of the 49th Glanton of the 34th

Griffin of the 25th McGuire of the 30th
Turner of the 8th Tysinger of the 41st

INSURANCE AND LABOR

Pollard of the 24th, Chairman Newbill of the 56th, Vice Chairman Abernathy of the 38th, Secretary
Isakson of the 21st Langford of the 29th

Ray of the 19th
Taylor of the 12th Tysinger of the 41st Walker of the 22nd

INTERSTATE COOPERATION

Madden of the 47th, Chairman
Gochenour of the 27th, Vice Chairman Thomas of the 10th, Secretary

Black of the 53rd
Brown of the 26th Glanton of the 34th

JUDICIARY

Oliver of the 42nd, Chairman Pollard of the 24th, Vice Chairman Ralston of the 51st, Secretary
Brown of the 26th

Clay of the 37th Farrow of the 54th Land of the 16th Stokes of the 43rd

NATURAL RESOURCES

Gillis of the 20th, Chairman Kemp of the 3rd, Vice Chairman
Madden of the 47th, Secretary Blitch of the 7th Bowen of the 13th Cheeks of the 23rd

Edge of the 28th Egan of the 40th
Gochenour of the 27th Hooks of the 14th Land of the 16th

PUBLIC SAFETY

Bowen of the 13th, Chairman Pollard of the 24th, Vice Chairman Black of the 53rd, Secretary

Farrow of the 54th Guhl of the 45th

MONDAY, JANUARY 9, 1995

15

REAPPORTIONMENT

Blitch of the 7th, Chairman Middleton of the 50th, Vice Chairman Harbison of the 15th, Secretary
Clay of the 37th Cheeks of the 23rd
Crotts of the 17th Dean of the 31st Edge of the 28th Gillis of the 20th Hooks of the 14th

Madden of the 47th Marable of the 52nd Perdue of the 18th
Ray of the 19th Scott of the 36th
Starr of the 44th Taylor of the 12th Thomas of the 10th Walker of the 22nd

RETIREMENT

Cheeks of the 23rd, Chairman Abernathy of the 38th, Vice Chairman Burton of the 5th, Secretary

Glanton of the 34th Thomas of the 10th

RULES

Scott of the 36th, Chairman Marable of the 52nd, Vice Chairman Henson of the 55th, Secretary
Abernathy of the 38th Balfour of the 9th Blitch of the 7th Burton of the 5th Clay of the 37th
Dean of the 31st Edge of the 28th

Hooks of the 14th Kemp of the 3rd Newbill of the 56th Oliver of the 42nd Perdue of the 18th Ray of the 19th Slotin of the 39th Taylor of the 12th
Thomas of the 10th Walker of the 22nd

SCIENCE, TECHNOLOGY AND INDUSTRY

Tysinger of the 41st, Chairman Day of the 48th, Vice Chairman McGuire of the 30th, Secretary

Cagle of the 49th Egan of the 40th Gochenour of the 27th

SPECIAL JUDICIARY

Egan of the 40th, Chairman Langford of the 29th, Vice Chairman
Edge of the 28th, Secretary Boshears of the 6th

Johnson, D. of the 2nd McGuire of the 30th Tanksley of the 32nd

STATE AND LOCAL GOVERNMENTAL OPERATIONS

Thomas of the 10th, Chairman James of the 35th, Vice Chairman Glanton of the 34th, Secretary

Black of the 53rd Griffin of the 25th Hooks of the 14th

TRANSPORTATION

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

Hill of the 4th Isakson of the 21st Johnson, E. of the 1st Kemp of the 3rd Langford of the 29th Marable of the 52nd Ralston of the 51st Tanksley of the 32nd

16

JOURNAL OF THE SENATE

YOUTH, AGING AND HUMAN ECOLOGY

Kemp of the 3rd, Chairman Burton of the 5th, Vice Chairman James of the 35th, Secretary

Black of the 53rd Thompson of the 33rd

The following resolutions of the Senate were read and put upon their adoption:

SR 5. By Senators Ray of the 19th, Perdue of the 18th and Scott of the 36th:

A RESOLUTION
Adopting the Rules of the Senate; and for other purposes.
BE IT RESOLVED BY THE SENATE that the Rules of the Senate in force at the adjournment of the regular 1994 session of the General Assembly are hereby adopted as the Rules of the Senate for the regular 1995 and for the duration of this General Assembly, until and unless otherwise provided by resolution of the Senate; provided, however, that rules in force at the adjournment of the regular 1994 session as adopted herein are amended as follows:
Amend Senate Rule 185 by striking the first two paragraphs and inserting in lieu thereof the following:
"The President shall appoint the following standing committees, which shall not exceed the following number of Senators each:
"AGRICULTURE - 6 5 APPROPRIATIONS - 9 21 BANKING AND FINANCIAL INSTITUTIONS - i IS CONSUMER AFFAIRS - 5 CORRECTIONS. CORRECTIONAL INSTITUTIONS AND PROPERTY - 9 7 DEFENSE AND VETERANS AFFAIRS - 4 5. ECONOMIC DEVELOPMENT, TOURISM, AND CULTURAL AFFAIRS - 8 7 EDUCATION - 14 ETHICS - 11 FINANCE AND PUBLIC UTILITIES -12 13 GOVERNMENTAL OPERATION3 0 HEALTH AND HUMAN SERVICES - 2 13 HIGHER EDUCATION - W 2 INSURANCE AND LABOR - 9 INTERSTATE COOPERATION - 5 g JUDICIARY - 7 8 NATURAL RESOURCES - 2 11 PUBLIC SAFETY - 6 5 REAPPORTIONMENT - 7 12 RETIREMENT - 6 5. RULES - 8 20 SCIENCE, TECHNOLOGY, AND INDUSTRY - 5 6. SPECIAL JUDICIARY - 7 STATE AND LOCAL GOVERNMENTAL OPERATIONS - 6 TRANSPORTATION - 8 J URBAN AND COUNTY AFFAIRS a YOUTH, AGING AND HUMAN ECOLOGY - 5"
Each Senator shall be appointed to serve on four committees provided for in this Rule and no more; except that: (1) the President Pro Tempore and the Chair man of the Committee on Appropriations shall serve ex officio as voting members of the Committee on Economic Development, Tourism, and Cultural Affairs an5

MONDAY, JANUARY 9, 1995

17

such membership shall not count as one of the four committees; and (2) membership on the Committee on the Reapportionment, membership on the Committee on Ethics, and membership on the Committee on Interstate Cooperation (which is created by law) shall not count as one of the four committees."

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 Blitch Bowen Broun of 46th Brown of 26th Cheeks Dean Egan Farrow Gillis Griffin Harbison Henson

Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Langford Madden Marable Middleton Oliver Perdue Pollard

Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Balfour Black Boshears Burton Cagle Clay

Crotts Day Edge Glanton Gochenour Guhl

Isakson Land McGuire Newbill Tanksley

On the adoption of the resolution, the yeas were 39, nays 17. The resolution, having received the requisite constitutional majority, was adopted.

SR 6. By Senators Ray of the 19th and Perdue of the 18th:
A resolution to notify the House of Representatives that the Senate has con vened; and for other purposes.
On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 7. By Senators Ray of the 19th and Perdue of the 18th:
A resolution relative to officials, employees, and committees in the Senate; and for other purposes.

The President called for a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Crotts

Dean Egan Farrow Gillis Griffin Harbison Henson Hill Hooks

James Johnson of 2nd Kemp Land Langford Madden Marable Middleton Oliver

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JOURNAL OF THE SENATE

Perdue Pollard
Ragan Ralston
Ray

Scott Slotin
Starr Stokes
Taylor

Thomas Thompson
Turner Tysinger
Walker

Those not voting were Senators:

Balfour Black Cagle Clay Day

Edge Glanton Gochenour Guhl Isakson

Johnson of 1st McGuire Newbill Tanksley

On the adoption of the resolution, the yeas were 42, nays 14. The resolution, having received the requisite constitutional majority, was adopted.

SR 8. By Senators Ray of the 19th and Perdue of the 18th:
A resolution to notify the Governor that the General Assembly has convened; and for other purposes.
On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 9. By Senators Ray of the 19th and Perdue of the 18th:
A resolution calling a Joint Session of the House of Representatives and Senate; providing for other matters relative to the inauguration of the Governor and the Lieutenant Governor; and for other purposes.
On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
The President appointed as a Committee of Escort the following: Senators Brown of the 26th, Middleton of the 50th, Perdue of the 18th, Ralston of the 51st, Stokes of the 43rd, Taylor of the 12th, and Tysinger of the 41st.
The following resolution of the Senate was read and adopted:

SR 10. By Senators Bowen of the 13th and Ragan of the llth: A resolution commending the Colquitt County High School Packers football team; and for other purposes.
The following resolution of the Senate was read and put upon its adoption:

SR 11. By Senator Newbill of the 56th: A resolution amending the Rules of the Senate; and for other purposes.

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 Black Boshears Burton Cagle Cheeks

Clay Crotts Day Edge Egan Farrow

Glanton Gochenour Guhl Isakson Johnson of 1st Land

MONDAY, JANUARY 9, 1995

19

McGuire Newbill Ralston

Tanksley Tysinger

Those not voting were Senators:

Abernathy Blitch Bowen Broun of 46th Brown of 26th Dean Gillis Griffin Harbison Hill Hooks

Johnson of 2nd Kemp Langford Madden Marable Middleton Oliver Perdue Pollard Ragan

Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Walker

Those not voting were Senators Henson and James.

On the adoption of the resolution, the yeas were 23, nays 31. The resolution, having failed to receive the requisite constitutional majority, was lost.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:
The House has adopted by the requisite constitutional majority the following resolu tions of the House:

HR 13. By Representative Walker of the 141st and others:
A resolution to notify the Senate that the House of Representatives has con vened.

HR 18. By Representatives Walker of the 141st, Murphy of the 18th, Connell of the 115th, Lee of the 94th and Stephenson of the 25th:
A resolution relative to adjournment.
The following communications from His Excellency, Governor Zell Miller, were re ceived and read by the Secretary:
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
Honorable Pierre Howard Lieutenant Governor State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Howard:
I have vetoed Senate Bill 395 which was passed by the General Assembly of Georgia at the 1994 Regular Session.
Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bill and corresponding reasons for its veto are attached.

20

JOURNAL OF THE SENATE

With kindest regards, I remain

Sincerely, lal Zell Miller

Honorable Thomas B. Murphy Speaker of the House
of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Speaker:
I have vetoed House Bills 572, 1748, 1784 and House Resolution 814 which were passed by the General Assembly of Georgia at the 1994 Regular Session.
Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are attached.
With kindest regards, I remain
Sincerely,
1st Zell Miller

VETO NUMBER 17
House Bill 1748 amends the Newton County Water and Sewerage Authority Act. After passage, the author of the bill discovered a mistake in the bill and requested its veto. Therefore, at the request of the author, I hereby veto House Bill 1748 on technical grounds.
VETO NUMBER 18
House Resolution 814 authorizes the conveyance of state-owned property. Unfortu nately, the resolution contained an error in the legal description of the property. Therefore, at the request of the author, I hereby veto House Resolution 814 on technical grounds.
VETO NUMBER 19
House Bill 572 attempts to amend the law relating to specialized land transactions but was passed by the General Assembly without an enabling clause. The lack of an enabling clause could subject the bill to a successful challenge. Therefore, the author of House Bill 572 later incorporated the provisions of House Bill 572 into another bill passed by the General Assembly this year. At the request of the author, I hereby veto House Bill 572 on technical grounds.
VETO NUMBER 20
House Bill 1784 would permit a sentencingjudge to designate a county jail as the place of confinement of a convicted felon under certain circumstances. Currently, the law re quires that all convicted felons are committed to the custody of the Department of Correc tions for diagnostics and assignment. House Bill 1784 would also permit the award of "good time" to those felons sentenced to county jails. Currently, "good time" is not available to felons serving time in state correctional facilities.
The designation by the court of certain favored inmates who because of certain skills possessed or because of their status in the community could stay in their home county jail, work on county jail detail, and receive good time allowance would lead to injustices and inequities in sentencing and punishment. Because good time is not available to state-in carcerated inmates, felons sentenced to county jails would serve significantly reduced

MONDAY, JANUARY 9, 1995

21

terms of confinement than those felons convicted for exactly the same offense but sentenced to state correctional institutions.
I cannot sign a bill into law which in my opinion would have a disparate effect on sentencing and punishment in this State and would result in a reduction of confinement time for certain felons. For these reasons, I hereby veto House Bill 1784.

VETO NUMBER 21

Senate Bill 395 imposes the same procedural requirements for short-term school sus pensions as are currently required for long-term suspensions and expulsions. It also at tempts to provide for greater parental involvement when students are identified as chronic disciplinary problems. I support that portion of the bill which provides for greater parental involvement and I will request the State Board of Education to encourage school principals to provide for school visits and parent-teacher conferences for chronic disciplinary problems. What I cannot support is that portion of the bill which significantly limits a fundamental tool of the school principal--the short-term suspension--without the neces sity of going through a formal hearing process.
Senate Bill 395 would require students who are chronic disciplinary problems and whose cumulative short-term suspensions within a grading period exceed 12 days be af forded a formal hearing with appeals to the local school board and potentially to the state board and the courts. This could create a logjam of disciplinary cases. It also would limit the school's ability to deal quickly and effectively with student disciplinary matters just at the time when schools must be more assertive in dealing with such problems. It would also impede efforts to place chronic disciplinary problems in alternative schools.
I believe that our teachers, principals and schools must be given effective and efficient tools to improve discipline with their schools and that this bill would severely limit those tools. For these reasons, I hereby veto Senate Bill 395.

OFFICE OF THE GOVERNOR State Capitol, Atlanta, Georgia 30334 Telephone 404/656-1776

Memorandum__________________________________________

To: From: Subject: Date:

House, Senate and Secretary of State Cindy Wright Line Item Vetoes in House Bill 1375 April 18, 1994

Please be advised that Governor Miller has line item vetoed the following Sections in House Bill 1375:
Section 54, Pages 55 and 56, third paragraph of Section 54, number 2.) and number 5.)
Section 58, Pages 63 and 64, eighth paragraph beginning on Page 63, "Provided, that the Governor's Scholarship Program. . . ."
Section 66, Pages 70 and 71 Section 71, Page 74, paragraph i.)
Section 82, Page 80

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JOURNAL OF THE SENATE

GOVERNOR'S VETOES IN HOUSE BILL 1375
1. Section 54 pertaining to criteria and timetables for the development of a State communications system, page 55, lines 29 through 32 beginning with the number "2)" and on page 55, line 36 beginning with the number "5)" and continuing on page 56 as lines 1 through 3:
Our public safety communications system does need to be upgraded. However, this area of technology is very complex, complicated, and potentially very expensive. That is one reason why the Office of Information Technology is being established, and I will be appointing a first-rate Council to oversee the office. One of the first tasks assigned to the Office of Information Technology will be to evaluate all options for a new state communications system. Due to the expense and the far-reaching public safety consequences of a state communications system, I want this evaluation to be very deliberate and thorough. The budget sets forth several criteria that should apply to the communications system. I am in agreement with most of the criteria specified. However, I do not want to impose arbitrary timelines on the Office of Information Technology as it examines this most important issue. Therefore, I have vetoed criterion 2 which requires the evaluation be made not later than September 15,1994. I also do not believe it is appropriate to tie the hands of the Office of Information Technology as it evaluates the specifications for the communications system. For this reason, I have vetoed criterion 5 because it presupposes decisions to be made by the Office of Information Technology.
2. Section 58 pertaining to the Department of Education, page 63, lines 32 through 36 and page 64, lines 1 through 3:
There are two separate paragraphs in HB 1375 relating to the Governor's Scholarship Program. One paragraph (page 63, lines 18 through 21) extends eligibility to students in accredited private schools. The second paragraph sets school size limitations so that smaller private schools would receive fewer numbers of scholarships for qualified students. The language in the second paragraph is overly restrictive, and has the effect of denying eligibility to students in schools the General Assembly intended to aid through the language in the first paragraph. This language is thus vetoed for technical reasons, not philosophical reasons. This language has been vetoed previously.
3. Section 66 pertaining to the Department of Public Safety, page 70, lines 28 through 36 and page 71, lines 1 through 4 (three items):
a) The Williams Commission recommended that state-owned vehicles be assigned and utilized more efficiently and economically throughout state government. As a result of this recommendation, the statewide policy on motor vehicles has been strengthened substantially. The Executive Branch agencies are now subject to the provisions of these guidelines, and it is inappropriate to make an exception in the case of the Department of Public Safety. This language has been vetoed previously.
b) This section prohibits the Department of Public Safety from purchasing buses for license issuance and additional training of license examiners after initial training. These buses will make license issuance more efficient in those counties without permanent license issuance sites. The amount of training needed for license examiners should be left to the Department and their resources. If unnecessary training is occurring, the Department should address the issue without language in the appropriation bill. This language has been vetoed previously.
c) This section prohibits the Department of Public Safety from purchasing pursuit vehicles which are considered to be less than full-size. The Department of Public Safety should retain the ability to determine the type of pursuit vehicles best suited for their mission requirements; given statewide purchasing guidelines and their available resources. It is inappropriate to limit the Department of Public Safety authority in this area by language in the appropriation bill. This language has been vetoed previously.

MONDAY, JANUARY 9, 1995

23

4. Section 71 pertaining to the Department of Transportation, page 74, lines 3 through 5:
This language authorizes the Department to amend its travel line item with agency funds as needed. All executive branch agencies are legally authorized to amend their budgets with agency funds when a properly drawn amendment to the annual operating budget has been approved by the Office of Planning and Budget. Therefore, this language is unnecessary. This language has been vetoed previously.
5. Section 82 pertaining to federal funds, page 80, lines 1 through 10:
This language essentially provides a pool of federal money to be available only to supplant state funds. It prohibits an amendment of federal funds above the amount appropriated in the Appropriations Act for purposes other than to supplant state appropriations for the pertinent programs. This language inhibits the State from accepting additional federal funds as they become available throughout the fiscal year. This language has been vetoed previously.

Section 54. Provisions Relative to Section 12, Department of Administrative Services.

It is the intent of this General Assembly that the Department of Administrative Serv ices develop a plan to centralize the mailing functions of state government and begin imple mentation 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.

v

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 Fi&ual Af-

Ittt*S"QilD UOmiUl'tt>&3 llOt tit^l* C113.ll oSpt&illLUM J-w, iyy^i WiCil pGS&iulti cXtcilSiuil 01 OU Q3.yS
if not completed, 3.) Selected option shall be competitively bid; 4.) Office of Information Technology shall be responsible for the development of requests for proposals relating to the various components of the communications system project; 0.) All proposal!) fui the

COilSti"LiCtiOil 01 a. LjL&lct tj^oLcilk LO DC Cuii&iuciciL niuaC xllccL iitciiiucii'ilD set lui 111 by trie z^iiici-

ii.au FtibliC CpiljulnnIiatiuilS Oi'gailiZAtlOil

Excerpt from Section 58, pages 63 and 64:

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 sys tem 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 mid dle 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.

24

JOURNAL OF THE SENATE

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 IVugiam shall include the following gidduates from acci edited high schools in Georgia with minimum full time equivalent (FTE) counts hi grades 9 through 12 as noted, high schools with[WOw moi^FTE cumrtrHie
Vilcu.iCtOin jtHil, ScHUlclL^l iclii ciiiil oLcil kjtllClcillt, lli^li SCIlOOiS WiVli J.UU tO J-'H? 1.' MIS CuLiiit, Lite
CiiOOlii WltIl~~oU tO yy 1 J.1L CGU1YC,

A uu II ih the Intent uf thlb Qeneial A&sembly thai the issuance of unmarked cais shall be

it iS tTIGnit^iTE OI tlllS \jreilci1ill ASSclllOly triftt IFOH1 IJI16 TUHC11H. lpJJi'Opllet Leu. "TOI1 tllti
sic mansion of Dt ivci1 '^r-rvi^r'^--no funds- may bfe fixofitidfed for'-thfi purchase of lii'ciisfl i^su-
<inCc OU.ScS OI1 tn titiiiiili^ OI llCctlSfi t5Xcl.lllli.iciIS Slttil HiiLiiii tl lillllli^.
It iS tile lilt^ilt 01 tills \jro0ciSl itSSGHIuly tI13.t tfl6^Q6p3.iTtill^Iltr pUTCIKlSfe IlirI~SiZ^ jjU.11"
Excerpt from Section 71, page 74:
1.) i lie J_/c^i3.rtill^rilj iS SlltTilO^iZfeu tu HillciiO. itS J. i~tV6i J-jiiiti Itciii Vfltll A^cilCy 1. Uil CIS
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 Assist ance 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 92.
ATKJFS iS llcl 6Dy tppl'Gpi113.Leu. 3. Sp^CiIiCr^)U..iH ul 1 ^Cl^ffl.! iLii.t Itiilu-S, Saiu SpcClIlC SUIH u til 11 5 fc^Licll Lu LriG tOt 3.1 01 tll6 1' Gul'&l ^1'clilL 1UJ.1G.S LVeiilaDl^ ul cXCcSS \jl tiic aiuOUiiCS OI
sttch-fuiidh appiopriated iu the foregoing sections uf this Act, fui the purple of sitpplauliag
3.ijpl GplMilt&CI oLciLci llliiClSj WillCll kjtStft TUXluS SII3il tlTtGi'^UpOil D^ UilV3Tl.il Die I0il cXpciidl" tui'c U-lilcfeS l'c~^pplnO^}n.3.tcQ Dy tll^ \jreOi*ifl. vjrGIi^i'fli ASS^HlDiy . A IliS JjfuViSluii & 1 13,11 iiOT* cl^jpiy uO prOJtiCL ^1 ctiiL lUiiu.S iiOt cippi'Ojjl IcitcCl 111 LlilS ACC.
Senator Perdue of the 18th moved that the Senate recess from 12:00 P.M. until 1:45, then pursuant to SR 9 attend the Joint Session of the Senate and House called for the purpose of inaugurating the Honorable Zell Miller as Governor and the Honorable Pierre

MONDAY, JANUARY 9, 1995

25

Howard as Lieutenant Governor, and that, upon dissolution of the Joint Session, the Senate stand adjourned until 10:00 A.M. tomorrow; the motion prevailed.
The hour for convening the Joint Session of the Senate and House under the provisions of SR 9 having arrived, the President Pro Tempore accompanied by the Secretary and the Senators, proceeded to the Atlanta Civic Center in Atlanta, Georgia, where the Joint Session, called for the purpose of inaugurating the Honorable Zell Miller as Governor and the Honorable Pierre Howard as Lieutenant Governor, was called to order by the Honora ble Thomas B. Murphy, Speaker of the House of Representatives.
The inaugural program was as follows:

Inaugural Program

January 9, 1995 Atlanta Civic Center, Atlanta, Georgia
2:00 p.m.

BAND SELECTION .................................................................................................................. United States Marine Corps Band Marine Corps Logistics Base, Albany, Georgia

JOINT SESSION .................................................................................. call to order by THE HONORABLE THOMAS B. MURPHY Speaker, House of Representatives

PRESENTATION OF THE COLORS (Please Stand)..................................................... Georgia National Guard Color Guard

THE NATIONAL ANTHEM .................................................................................................... United States Marine Corps Band

INVOCATION ........................................................................................................... THE REVEREND DOCTOR SPENSER SIMRILL St. Luke's Episcopal Church, Atlanta, Georgia

RECOGNITION OF STATE OFFICIALS AND DISTINGUISHED GUESTS .............. THE HONORABLE THOMAS B. MURPHY

BATTLE HYMN OF THE REPUBLIC ...................................................................................................................... ZELDA KENNEDY

PRAYER FOR THE STATE AND NATION ........................................................................................... THE REVEREND DON HARP Peachtree Road United Methodist Church, Atlanta, Georgia

DELIVERY OF GREAT SEAL OF GEORGIA TO GOVERNOR .............................................. THE HONORABLE MAX CLELAND Secretary of State

ADMINISTRATION OF OATH OF OFFICE TO GOVERNOR .................................... THE HONORABLE CAROL W. HUNSTEIN Justice, Supreme Court of Georgia

HONORS-19 GUN SALUTE ..................................................................................................................... Georgia National Guard

DELIVERY OF GREAT SEAL OF GEORGIA TO SECRETARY OF STATE ............................. THE HONORABLE ZELL MILLER Governor

INAUGURAL ADDRESS .................................................................................................................. THE HONORABLE ZELL MILLER

ADMINISTRATION OF OATH OF OFFICE TO LIEUTENANT GOVERNOR ............ THE HONORABLE LAWTON STEPHENS Superior Court Judge, Western Judicial Circuit

ADDRESS .................................................................................................................................. THE HONORABLE PIERRE HOWARD Lieutenant Governor

ADMINISTRATION OF OATH OF OFFICE TO THE CONSTITUTIONAL OFFICERS .......... THE HONORABLE ZELL MILLER

BENEDICTION ..........................................................................................._^

Beulah Baptist Church, Atlanta, Georgia

DISSOLUTION OF JOINT SESSION ..................................................................................... THE HONORABLE PIERRE HOWARD

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After taking the oath of office from the Honorable Carol W. Hunstein, Justice, Supreme Court of Georgia, His Excellency, Governor Zell Miller addressed the Joint Session of the Senate and House of Representatives as follows:
Lt. Governor Howard, Speaker Murphy, Governors Harris, Busbee, and Maddox, Members of the General Assembly, Members of the Judiciary, Members of the Consular Corps, my fellow Georgians:
I come before you again as your Governor with a deep sense of humility, gratitude and responsibility. Your repeated confidence in me fuels my determination to work on your behalf to the full extent of my energy, capacity and passion.
For you see, I not only remember from where I have come, but I also see the new heights I want Georgia to reach.
About 40 miles from Young Harris, the three states of North Carolina, Georgia and Tennessee all come together. On the Georgia side is the town of McCaysville. . . Fannin County. Right across the state line is Copperhill. . . Polk County, Tennessee.
As a young man, I played a lot of baseball in that area. And back then it was a place unlike anything you'd ever seen. There were no trees. There was no grass. No foliage of any kind, not even kudzu.
There was only a huge, vast ugly scar covering miles and miles of what had once been lush, green, beautiful mountains.
That shameful wasteland was created by human beings in the early 1900's. They cut the trees and fed the fires under simmering copper ore, whose toxic fumes laid bare whatever other vegetation remained.
To the traveler spending the night at the Sahara Motel, or even to a young lad mostly interested in baseball, it was a depressing example of human destruction.. .of putting short term gains ahead of long term benefits.
Fortunately, that land has been largely reclaimed since those days, although you still can see signs of how it once was.
In Copperhill and all across this nation, Americans, somehow, collectively, almost unanimously, arrived at the conclusion that we cannot afford to waste or destroy our soil or our rivers or our woodlands. And protecting our natural environment has come to be part of a "common mindset" about the legacy we must leave.
Today we face a similar question that requires a similar response: What about the waste of our children? Or as Carl Sandberg called them, "the human reserves that shape history."
What about the thousands of children in the inner-cities and the remote rural areas of Georgia, whose lives are dominated by poverty and whose futures are as barren as Cop perhill used to be?
What about those young Georgians who are not trained to take part in our rapidly changing economic life and are condemned to live on the outer fringes of Georgia's growing prosperity?
Is this waste not also an ugly scar? Is this waste not also a painful indictment of our neglect? Are not our children even more important to our future than our natural environ ment? Are not our children the "ultimate" legacy that we leave here on this earth?
Can we not somehow arrive at the conclusion that we cannot afford to neglect, to waste or to destroy our children? And then move from that conclusion into bold action, so that together we make "that" human wasteland. . .green and growing?
I am at heart a teacher. Perhaps its genetic, for I am the son of teachers. Whatever its source, a commitment to education runs deep in my soul. And I want to leave a long-term legacy that outlasts all the short-term political gains. I want the children of Georgia to have better lives, more productive careers and be finer citizens.

MONDAY, JANUARY 9, 1995

27

This is why as Governor I have chosen to focus on education. For all our other chal lenges in this state be it crime or welfare, economic development or environmental respon sibility have at their root the "same solution". . .children who are loved and educated.
Of course, the starting point must be with parents mothers and fathers who take re sponsibility for the young lives they have created.
The traditional values. . . the values that have built this nation and made it better for each successive generation. . .honesty, integrity, hard work, self reliance, respect for others. . .are not embedded in DNA and somehow passed biologically from one generation to the next. They must be taught at home by parents who devote love, time and resources to raising their children.
But government also has a role to play in the future of the next generation. And today there's a lot of conversation about what that role should be. Government has indispensable functions. . . from public safety and prisons to transportation and public health, from envi ronmental protection and water resources to, most certainly, economic development.
And here in Georgia, we are moving on all those fronts. And we are moving with a sense of urgency and a spirit of innovation.
We are aggressive in attacking crime, and Georgia now has the toughest laws in the nation for violent criminals. We have cut income taxes, and I want to take the sales tax off groceries.
Georgia is a national model in fiscal responsibility. Our economy is healthy. . . we are at the national forefront in many economic indicators. All of these are important.
But I believe that those of us who are entrusted to lead are charged with an even more fundamental mission: ensuring that all our citizens have the opportunity to develop fully the talents they were given by God.
The starting point for government must be education. . .sound and meaningful educa tion. I believe education is everything. A good education provides each person the capacity to add a gift and make a contribution to their generation, thereby becoming part of the progress of humankind.
It is the educated individual who makes this state stronger. It is the educated individ ual who adds to its wealth, protects it against enemies and carries forward its ideals and faith. H.G. Wells had it right when he said, "Human history becomes more and more a race between education and catastrophe."
And, if we are to win that race, we must work together, putting aside party and poli tics, geography and gender, to form a partnership... each trusting the other, all committed to using education as the instrument for the creative development of our human resources.
And if we all make that commitment, keep that commitment and honor that commit ment, Georgia will fulfill the fondest dream any Governor or legislator or citizen can dream: Georgia will give our students opportunities that cannot be found anywhere else. Georgia will lead the nation. Georgia will be the best there is.
We have made some truly significant gains in education in the past few years. . . landmark achievements. No other state has anything like the HOPE Scholarship Program. It has been called Georgia's G.I. Bill. It is the most far reaching program in the United States. And we are about to make it even more far reaching.
Our pre-kindergarten program for four-year-olds is also unique. No other state has reached out to such a high percentage of its at-risk four-year-olds as Georgia has. And no other state provides voluntary pre-kindergarten for all four-year-olds, as I am recommending.
It will be many years before we reap all the benefits of investing in young children. I will no longer be in the Governor's Office. I'll probably be back up in Young Harris coach ing third base for some Little League team.

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But I know today what the statisticians will tell us tomorrow. Our investment will have its returns in fewer dropouts and higher college participation rates. It will produce happier, smarter children. It will produce adults with higher earnings, lower criminal ar rests and a greater commitment to marriage and parenthood.
It is our responsibility to begin, and we must not shirk that responsibility.
The Latin phrase "alma mater" means "nourishing mother," and that is a pretty good description of what our schools should be for our children. Teaching is much more than pouring a certain volume of factual information into young heads like tea into a cup. Teachers are the architects who guide and shape the building of young lives, with a special emphasis on creating a strong foundation for life-long learning.
Teachers are the key ingredient to improving education. Teachers are the ones who call forth the best from our children and inspire them to new heights of achievement.
If we are to build a first-class education system in Georgia, we must have at least a fighting chance to attract and hold good teachers. That's why my goal during this adminis tration is to raise Georgia teacher salaries at least to the national average and to attract the best and brightest to become teachers.
I know money alone is not the answer. It is a matter of quality and value. In the classroom, like everywhere else, you get what you pay for. And as we raise teachers' sala ries at our schools and yes, at our colleges, we will also raise our expectations of excellence in the classroom.
And I am confident that our teachers and professors will rise to that challenge.
And as our students are called to new levels of achievement, I want them to know, in the words of that old song, 'You'll never walk alone." Because I want to create a mentoring program which pairs adults with students who are at risk.
I know from experience this can make a difference. It worked on me when I was a wayward young teenager and Edna Herren, my teacher and mentor, helped put me on the right path.
And I want to give those high school students who are not headed for college some real hands-on experience in the work place. The youth apprenticeship program I have started and want to expand will build a partnership between business and education that will make training for a job part of the classroom experience.
I believe it's time our schools gave a warranty on their product: the student. A di ploma must be more than just a measure of attendance. That is why I will propose a guar anteed high school diploma, where employers can get additional education at no cost for recent graduates whose skills do not live up to their high school diploma.
I want to give our children and their parents more choices. I want to give our schools more flexibility. . . with fewer top-down regulations and paperwork. I believe in the philos ophy of charter schools -- free from all state regulations -- and I want to make it a lot easier for local schools to set them up and get them going.
We are putting classroom computers, media center technology, satellite dishes, dis tance learning networks into all our schools -- technology in amounts unheard of before in Georgia, and unheard of still in many other states.
But it is not enough to lead the nation in new technology. We must also lead our children to enduring values. Yes, our children must know about gigabytes and CD-ROM. But it's even more important that they know about the Golden Rule, and right and wrong.
Yes, I believe that schools should join with parents and churches as bearers of society's standards.
Students should be taught morality as well as math, ethics as well as English.
You see, our children are as strong or as weak, as intelligent or as frivolous, as serious or as silly, as disciplined or as wild, as we have taught them to be.

MONDAY, JANUARY 9, 1995

29

And if our children don't have the values that we or our parents cherished, it is because someone has failed to teach them their meaning. . .and help make those values a part of their young lives.
Stronger schools will allow our technical institutes and our colleges and universities to concentrate on higher learning. The University System of Georgia right now is poised and ready, and I'm going to be the best partner I can be to Chancellor Portch to propel our University system to national preeminence.
And I believe we must help older students who want to return to college or to a techni cal institute. For, you see, I want a more highly educated Georgia.
These are the new heights I want Georgia to reach. But, my friends, I know we will not finish the job of improving education in the next four years or even in my or your lifetime.
Someone once said that one of the things education does for you is to open your eyes to the vast wealth of knowledge that still remains for you to learn.
It's like that with improving education. The further you get into it, the more your eyes are opened to how much there is yet to do. It will always be an on-going, never ending process.
In the race that H.G. Wells mentioned. . .between education and catastrophe, Georgia is moving fast. But this race is not a hundred-yard dash. It is more like a series of marathons: each generation carries the torch as far as it can, then passes it on to the next. Our job, as the Apostle Paul put it, is to fix our eyes on the prize and run with patience the race that is set before us.
And if we do our job, if we honor our commitment, then the torch we pass will burn brighter, the course our children run will be smoother, and our ultimate goal of giving the sons and daughters of Georgia the boldest dreams and the broadest opportunities will be closer than ever before.
That is the Georgia we seek. We shall not see it tomorrow or the next day or the next. But if our children and their children are ever to see it, we must carry on the work we have begun.
After all, the hope of a better future is why young people dream dreams, and old people plant trees.
I'm working to turn my dreams into trees. With your help and God's, the trees we plant will grow strong, nourished by virtue and the values we hold dear, and they will bear fruit for generations to come.
Thank you. God bless you. And God bless Georgia.
After taking the oath of office the from Honorable Lawton Stephens, Judge of the Supe rior Court, Western Judicial Circuit, Lieutenant Governor Pierre Howard addressed the Joint Session of the Senate and House of Representatives as follows:
Governor and Mrs. Miller, Distinguished Governors Maddox, Busbee and Harris, Speaker Murphy, Constitutional Officers, members of the Senate, members of the House, members of the Judiciary, members of the Consular Corps and my fellow Georgians.
I want to begin today by expressing my deep appreciation to all those who have made it possible for me to be standing here today. First of all, I would like to say a word to my family - especially my wife, Nancy, my wife of 21 years and to our children, Christopher and Caroline. They have stood by me in good times and in tough times and I can never adequately express my appreciation for their love and support. I would like for them to stand. And of course to my mother, Caroline Howard, who brought me into this world some 51 years ago and has been with me since every step of the way--all the way from teaching me to walk to teaching me how to get votes. I would like for her to stand.
I want to thank Judge Lawton Stephens of Athens, Georgia for coming over today to swear me in. Our great-grandfathers were close friends. It is a wonderful thing that here so many generations later, he and I are very close friends. Lawton, thank you very much

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for coming over and swearing me in. I want to express my gratitude also to my close friends, many of whom are here today, who have stuck with me from the very beginning and who have provided me with the encouragement and the means to have this career in public service. I am very grateful to you and I can never thank you enough for what you have done.
I also wish to thank the people of this state, who have given me the honor to serve them once again. I will do everything in my power to fulfill their expectations.
Finally, I wish to give thanks to the Almighty for the blessings He has bestowed upon me and my family and on my state.
Ladies and gentlemen, today is a day of renewal for the State of Georgia. And every renewal represents an end and a beginning, as this day surely does. For some of us, today represents the first opportunity for public service; for others it presents the opportunity to continue in that role. But for all of us who take the oath, this day presents a challenge - a challenge to make Georgia's government work for the people.
As we usher in a new era of bipartisan government in Georgia, we must answer that challenge by resolving anew that we are Georgians first and democrats and republicans second. And we have to start acting like it. Together we must build bridges of mutual understanding and cooperation which will permit our state to prosper. In the process, we will find that there is more that unites us than there is that divides us; and more upon which we agree than disagree. In that spirit we must move forward together with shared power and shared responsibility for Georgia's future.
The Georgia people have made it clear that they expect results. They expect to have a government that works and a government that works to solve problems and not one which grinds to a halt as a result of partisan gridlock.
We must acknowledge that the current bipartisan nature of our state government sim ply reflects the changing nature of a dynamic and growing state. We must act so that these changes work for us and not against us.
If we do not so act, the voters will find others who will. In the words of the Psalmist "how good and how pleasant it is for brothers and sisters to dwell together in unity."
I believe that we can all be justifiably proud that in many ways, our state government is performing well. The H.O.P.E. scholarship program that the Governor just spoke of is giving young people educational opportunities here to fore unknown and beyond their reach; the kindergarten program and the pre-kindergarten program are saving children from failure in school. I want to join in the call of Governor Miller to expand that to even embrace more children so they can be ready for the first grade. The PEACH Program is successfully moving welfare recipients off the rolls and into job training and into jobs in the private sector. The Community Care Act permits elderly people to be taken care of at home instead of being forced into long-term care.
Last summer, under the leadership of Governor Miller, our state government per formed heroically to aid the flood victims in middle and south Georgia. So there is much that we can be justifiably proud. Everything is not wrong in government.
Despite our successes, however, we must acknowledge our shortcomings and work to correct them.
One of our main shortcomings is the belief that government can solve all of the myriad of problems that we face alone. It cannot, it never has and it never will. Government has an important role to play, but it must act in partnership with the private sector and with the religious community. We must renew our efforts to forge this partnership in a serious way if we are to succeed.
I am convinced that together our first concern must be the strengthening of the family in Georgia. The family is the irreplaceable building block of a strong society, for it is from the family that we learn our basic values; it is from the family that we gain our sense of purpose; and it is from the family that we first learn the importance of a commitment to

MONDAY, JANUARY 9, 1995

31

something other than self. I would hate to think where I might be or where you might be without a strong family. We have to do everything within our power to strengthen the family for all of the children of this state.
Since World War II, the institution of the family has deteriorated to the point that half the marriages end in divorce. Over half the children in our state are born to single mothers. In many counties most of them are teenagers. Many of these children never have any significant contact with their fathers. As the mothers struggle to stay afloat, the chil dren are set adrift.
As a result, all of us know that our great state is too infested with crime and drugs, threatening the very fabric of our society. Violence is rampant. In America today, a wo man is battered every 15 seconds across this country. At current rates, by the year 2000 here in Georgia we will have over 100,000 confirmed cases of child abuse per year. People are routinely gunned down on the streets of our cities.
The cost in dollars is staggering. Over half the births in Georgia are paid for by the taxpayers through Medicaid. Almost every time a person is shot or overdoses on drugs and is treated at a local hospital, the taxpayers pick up the bill.
But the intangible cost to our state and to our people, particularly to our children, is greater.
I say to you with assurance that our great state and our great nation cannot survive unless the institution of the family is restored to its form of vitality.
Let us resolve that where government has erected barriers to the family, they will be removed. Let us resolve that we should change programs and amend laws which act as a disincentive to a united family.
Unless we act to strengthen the family in Georgia, we will never achieve full greatness as a state. I pledge my full efforts, working with the Governor, working with the General Assembly and with the interest groups in this state to keep this goal at the top of the public agenda.
A second aspect of our Georgia government which must change is our tendency to in tervene in problems after they occur instead of trying to prevent them in the first place.
Chief among these problems and something I want to take the opportunity to lift up at this inaugural ceremony is teenage pregnancy--a category in which Georgia leads the na tion. Our undistinguished lead in this statistic is one of the principle causes of high health care costs, a high crime rate, a high dropout rate and a high unemployment rate.
Teen pregnancy is costing the taxpayers millions of dollars. I pledge to work with the Governor, with the General Assembly and with the other constitutional officers to find new approaches to the teen pregnancy problem which will work and approaches which will gain greater acceptance across the political spectrum. Those answers are out there. We have got to work together to find those answers because it is vital to the future of our state.
As the father of two children who attend the public schools, Christopher and Caroline over here, I realize full well that education is the key to our future. The Governor has already spoken most eloquently on that subject. I believe that the voters have said loud and clear that the status quo in education is not acceptable to them, even though we all acknowledge that many great things are happening in the classroom. In the school which our children attend, we are very pleased with all that is going on, but the overall results are what the people want to see improve. We must act swiftly to make charter schools a reality in order to give parents, teachers and principals more control over their own schools. Low ering the pupil teacher ratio must also be a top priority. Nothing we could do would help our students and our teachers more. We must expand the pre-kindergarten program so that more of our children will learn and will reach the first grade ready to learn. We must also make sure that we bring our hard-working teachers up to the national average of pay. I join Governor Miller in that billing.

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Above all, we must restore order and discipline in the classroom so that our teachers can teach in an atmosphere of respect which promotes learning.
As we begin a new term of office today, I say we--I mean all of us who begin a new term of office today--we must remember that for some of us, this will be our last chance to serve the people of this state and to address the challenges that face us. That is the polit ical reality which requires a new sense of urgency be brought to the work that we must do. In that spirit we can act with the new imagination and courage required to solve the problems before us acting as if it is our last turn at bat.
Let us go from this place in that spirit to lead the state we love firm in the knowledge that as the Bible says "but that the Lord keepeth the city the watchman waketh but in vain."
Thank you very much.
Senator Ray of the 19th moved that the Joint Session be now dissolved, and the motion prevailed.
Lieutenant Governor Howard, President of the Senate, announced the Joint Session dissolved.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 A.M. tomorrow.

TUESDAY, JANUARY 10, 1995

33

Senate Chamber, Atlanta, Georgia Tuesday, January 10, 1995 Second Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd 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 Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 15. By Representatives Walker of the 141st, Murphy of the 18th, Connell of the 115th, Lee of the 94th and Stephenson of the 25th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.
The Speaker has appointed as a Committee of Escort on the part of the House the following members:
Representatives Barfoot of the 155th, Roberts of the 162nd, Ray of the 128th, Polak of the 67th, Reichert of the 126th, Henson of the 65th and Dixon of the 150th.
HR 16. By Representatives Walker of the 141st, Murphy of the 18th, Connell of the 115th, Lee of the 94th and Stephenson of the 25th:
A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.
HR 17. By Representatives Walker of the 141st, Murphy of the 18th, Connell of the 115th, Lee of the 94th and Stephenson of the 25th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.
SR 8. By Senators Ray of the 19th and Perdue of the 18th:
A resolution to notify the Governor that the General Assembly has convened.
SR 9. By Senators Ray of the 19th and Perdue of the 18th:
A resolution calling a joint session of the House of Representatives and Senate; providing for other matters relative to the inauguration of the Governor and Lieutenant Governor.

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The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 1. By Senators Oliver of the 42nd, Farrow of the 54th, Tysinger of the 41st and Slotinofthe39th:
A bill to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to encourage continued partici pation by the citizens of Georgia in matters of public significance; to encourage the valid exercise of the constitutional rights of freedom of speech and the right to petition government for a redress of grievances.
Referred to Committee on Judiciary.
SB 2. By Senators Slotin of the 39th, Oliver of the 42nd, Edge of the 28th and others:
A bill to amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to revise the developmen tal highway system.
Referred to Committee on Transportation.
SB 8. By Senators Guhl of the 45th and Thomas of the 10th:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings; to provide conditions regarding when such hus band or wife shall be compellable to give evidence; to limit such evidence.
Referred to Committee on Special Judiciary.
SB 9. By Senators Newbill of the 56th, Clay of the 37th, McGuire of the 30th and Tanksley of the 32nd:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto.
Referred to Committee on Education.
SB 10. By Senators Newbill of the 56th, Clay of the 37th, McGuire of the 30th and Tanksley of the 32nd:
A bill to amend Code Section 20-2-155 of the Official Code of Georgia Annotated, relating to climate management and in-school suspension, so as to provide for the qualifications of persons in charge of in-school suspension classes.
Referred to Committee on Education.
SB 11. By Senators Newbill of the 56th, Clay of the 37th, McGuire of the 30th and Tanksley of the 32nd:
A bill to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to assessments of educational programs, so as to provide for the availa bility of curriculum-based assessment results to students and their parents.
Referred to Committee on Education.

TUESDAY, JANUARY 10, 1995

35

SB 12. By Senators Newbill of the 56th, Clay of the 37th, Gochenour of the 27th and others:
A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide for additional methods of ap proving textbooks.
Referred to Committee on Education.
SB 13. By Senators Newbill of the 56th, Day of the 48th, Glanton of the 34th and others:
A bill to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide for a LEARNFARE program whereby certain teenagers included in grants of public assistance must attend school; to provide for legislative purpose; to provide for definitions; to provide for termination of public assistance and the procedures relating thereto; to provide for submission for federal approval.
Referred to Committee on Health and Human Services.
SB 15. By Senators Ray of the 19th and Marable of the 52nd:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for the establishment of professional criteria for the receipt and processing of complaints against law enforcement officers; to define certain terms.
Referred to Committee on Corrections, Correctional Institutions and Property.
SB 16. By Senators Newbill of the 56th and Tanksley of the 32nd:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change certain definitions; to provide for definitions; to change certain provisions relating to qualifications of applicants for certificates; to provide for inspection stickers and inspection fees; to provide for temporary certificates for out-of-state limousine carriers; to pro vide for chauffeurs' permits.
Referred to Committee on Science, Technology and Industry.
SB 17. By Senators Pollard of the 24th, Broun of the 46th and Ray of the 19th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' compensation, so as to provide that any person who performs voluntary service without pay for the Atlanta Committee for the Olympic Games, as designated and authorized by the board of directors of that organization, or for the Atlanta Paralympic Or ganizing Committee, shall be deemed an employee of the organization for pur poses of workers' compensation.
Referred to Committee on Insurance and Labor.
SB 18. By Senators Newbill of the 56th, Farrow of the 54th, Gochenour of the 27th and others:
A bill to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, so as to provide that ordinary and necessary expenses do not include payments for campaign services to the candidate or any entity distributing earnings to the candidate.
Referred to Committee on Ethics.

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SB 19. By Senators Newbill of the 56th, Clay of the 37th, Gochenour of the 27th and others:
A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide for disclosure of the making and accepting of contributions and expenditures with respect to textbooks; to provide for definitions; to provide for the filing and contents of disclosure re ports; to provide for fees; to provide for powers, duties, and authority of the State Ethics Commission.
Referred to Committee on Ethics.
SB 20. By Senators Newbill of the 56th, Clay of the 37th, Gochenour of the 27th 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 State School Superintendent shall be authorized to employ and dismiss certain employees of the Department of Education.
Referred to Committee on Education.
SB 21. By Senators Thompson of the 33rd and Langford of the 29th:
A bill to amend Code Section 33-9-43 of the Official Code of Georgia Annotated, relating to reduction in motor vehicle insurance premiums for certain named drivers under age 25, so as to remove the requirement that otherwise qualified students must be in their junior or senior year of high school to qualify for such premium reduction.
Referred to Committee on Insurance and Labor.
SB 22. By Senators Isakson of the 21st, Edge of the 28th, Balfour of the 9th and others:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state personnel administration, so as to provide that any applicant for state employment who is accepted for employment shall submit to an estab lished test for illegal drugs; to provide that any accepted applicant who refuses to submit to a test or who shows a positive result from such test shall be disqual ified from state employment; to define terms.
Referred to Committee on State and Local Governmental Operations - General.
SB 23. By Senators Isakson of the 21st and 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 allow the use of preexisting condition exclusions or limitations in group policies or contracts of disability income insur ance; to provide for the definition of the term preexisting condition in group poli cies or contracts of disability income insurance.
Referred to Committee on Insurance and Labor.
SB 24. By Senators Hooks of the 14th, Ray of the 19th, Ragan of the llth and others:
A bill to amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for special purposes, so as to repeal the existing grant of the right of eminent domain to petroleum pipe line companies; to provide for legislative findings; to provide for definitions; to provide for conditions and restrictions on the use of eminent domain by petrole um pipelines.
Referred to Committee on Natural Resources.

TUESDAY, JANUARY 10, 1995

37

SB 25. By Senators Dean of the 31st and Marable of the 52nd:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state flags and other flags, so as to provide that on November 11 of every year, each state and local facility which displays the offi cial state flag shall also display a flag honoring prisoners of war and missing in action; to describe such flag.
Referred to Committee on Defense and Veterans Affairs.
SB 26. By Senators Land of the 16th, Newbill of the 56th, Edge of the 28th 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 State School Superintendent shall be authorized to employ and dismiss certain employees of the Department of Education.
Referred to Committee on Education.
SB 27. By Senators Burton of the 5th, Thomas of the 10th, Oliver of the 42nd and others:
A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Stone Mountain Memorial Association Act," so as to define certain terms; to provide for the preparation of bylaws; to provide for the division of the Stone Mountain Memorial Park into certain districts.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 28. By Senators Isakson of the 21st, Ralston of the 51st, Edge of the 28th and others:
A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services in the General Assembly, so as to change provi sions relating to the membership of the Legislative Services Committee; to pro vide for certain additional members of the committee; to change provisions re lating to a quorum of the committee.
Referred to Committee on Rules.
SB 29. By Senators Isakson of the 21st, Ralston of the 51st, Edge of the 28th and others:
A bill to amend Code Section 48-2-6 of the Official Code of Georgia Annotated, relating to the organization of the Department of Revenue and employees and compensation, so as to provide that the commissioner may contract with certain entities for the collection of delinquent taxes and that such contracts shall pro vide for compensation only on a commission or contingency fee basis.
Referred to Committee on Finance and Public Utilities.
SB 30. By Senators Oliver of the 42nd, Farrow of the 54th, Ray of the 19th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the admission of the general public to adjudicatory hearings involving an allegation of a desig nated felony, an allegation of delinquency of a child who has previously been adjudicated delinquent, and, at the court's discretion, other juvenile court pro ceedings.
Referred to Committee on Judiciary.

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SB 31. By Senators Scott of the 36th, Ray of the 19th, Gillis of the 20th, Clay of the 37th, Stokes of the 43rd and others:
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 or guardian shall be invited for a school visit and requested to attend a conference.
Referred to Committee on Education.
SB 32. By Senators Scott of the 36th, Ray of the 19th, Gillis of the 20th, Starr of the 44th, Clay of the 37th and others:
A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," so as to provide limits upon the numbers of solid waste facilities which may be permitted within any given area of the state; to state legislative intent; to provide for the manner of determination of areas affected; to provide for appli cation to modified and expanded facilities as well as new facilities.
Referred to Committee on Natural Resources.
SB 33. By Senators Marable of the 52nd, Dean of the 31st, Ray of the 19th and Hill of the 4th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the display of the United States flag at each polling place on election day.
Referred to Committee on State and Local Governmental Operations - General.
SB 34. By Senators Marable of the 52nd, Ray of the 19th, Dean of the 31st and Hill of the 4th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that any license issued to a person under the age of 21 years shall remain valid until such person reaches the age of 21 years; to provide for renewal of existing licenses of persons under 21 years at no cost for that period of time until such person reaches the age of 21 years.
Referred to Committee on Public Safety.
SB 35. By Senator Cheeks of the 23rd:
A bill to amend Chapter 31 of Title 31 of the Official Code of Georgia Annotated, relating to boxing match licenses, so as to provide that the State Boxing Com mission shall be authorized to contract with certain nonprofit organizations to promote amateur boxing; to repeal a provision relating to the repeal of such chapter.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 36. By Senator Cheeks of the 23rd:
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 generally of the Pub lic Service Commission, so as to authorize the Public Service Commission to prohibit any telephone company from imposing a monthly charge for service for touch-tone telephones which is greater than the monthly charge for rotary dial telephones.
Referred to Committee on Finance and Public Utilities.

TUESDAY, JANUARY 10, 1995

39

SB 37. By Senator Cheeks of the 23rd:
A bill to amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to license applications and fees, so as to provide for the free replace ment of a stolen driver's license; to provide for conditions and limitations; to provide for free police reports in connection with such replacement.
Referred to Committee on Public Safety.
SB 38. By Senator Cheeks of the 23rd:
A bill to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, so as to repeal the "Local Government Impact Fiscal Notes Act"; to provide procedures for the introduc tion, consideration, and passage of bills imposing unfunded costs on counties, municipalities, or school boards or any combination thereof or bills reducing sources of revenue for counties, municipalities, or school boards or any combina tion thereof.
Referred to Committee on State and Local Governmental Operations - General.
SB 39. By Senator Madden of the 47th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Banks County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act.
Referred to Committee on State and Local Governmental Operations.
SB 40. By Senator Madden of the 47th:
A bill to provide for the nonpartisan nomination and election of the chief magis trate of the Magistrate Court of Banks County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act.
Referred to Committee on State and Local Governmental Operations.
SR 2. By Senator Slotin of the 39th:
A resolution proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of Representatives and Senate of the State of Georgia, the Lieutenant Governor, the Secretary of State, the Attorney General, the State School Superintendent, the Commissioner of Insurance, the Commis sioner of Agriculture, the Commissioner of Labor, and members of the Public Service Commission; to change the terms of office of members of the General Assembly; to change certain provisions relating to the organization of the General Assembly; to provide for the submission of this amendment for ratifica tion or rejection.
Referred to Committee on Ethics.

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SR 3. By Senator Slotin of the 39th:
A resolution proposing an amendment to the Constitution so as to provide for a limitation on the number of consecutive years which may be served in office by an elected county officer, an elected municipal officer, or a member of a county or independent board of education; to provide for the submission of this amend ment for ratification or rejection.
Referred to Committee on Ethics.
SR 4. By Senators McGuire of the 30th, Edge of the 28th, Newbill of the 56th and others:
A resolution proposing an amendment to the Constitution so as to reserve to the people of the state the power to propose laws and amendments to the Constitu tion and to enact or reject the same; to provide procedures and restrictions con nected therewith; to provide for the submission of this amendment for ratifica tion or rejection.
Referred to Committee on Judiciary.
SR 12. By Senator Hooks of the 14th:
A resolution designating the J. L. Turner Bridge.
Referred to Committee on Transportation.
SR 14. By Senators Dean of the 31st, Brown of the 26th and Broun of the 46th:
A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto.
Referred to Committee on Rules.
SR 15. By Senator Dean of the 31st:
A resolution honoring Charles Hardy and designating a portion of Georgia High way 120 as the "Charles Hardy Parkway".
Referred to Committee on Transportation.
SR 18. By Senator Dean of the 31st:
A resolution commending the Henry Tumlin family regarding the Etowah Mounds State Historic Site and authorizing the Georgia Department of Natural Resources to erect and maintain a suitable commemorative marker.
Referred to Committee on Natural Resources.
SR 19. By Senators Dean of the 31st and Marable of the 52nd:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; to provide an effective date.
Referred to Committee on Finance and Public Utilities.

TUESDAY, JANUARY 10, 1995

41

SR 20. By Senators Cagle of the 49th, Edge of the 28th, Newbill of the 56th and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law authorize local school systems to receive and use proceeds of special purpose county sales and use taxes for capital outlay projects; to provide for submission of this amendment for ratification or rejec tion.
Referred to Committee on Finance and Public Utilities.
SR 23. By Senator Thompson of the 33rd:
A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process, statutes and amendments to statutes and amend ments to the Constitution; to provide procedures and restrictions connected therewith; to provide exceptions; to provide that the provisions shall be selfexecuting; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.
SR 24. By Senators Newbill of the 56th, Clay of the 37th, Gochenour of the 27th and others:
A resolution proposing an amendment to the Constitution so as to provide for the election of the members of the State Board of Education by the members of the General Assembly from the respective congressional districts and for a State School Superintendent to be appointed by the board; to provide an effective date; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Education.
SR 25. By Senators Newbill of the 56th, Glanton of the 34th, Gochenour of the 27th and others:
A resolution proposing an amendment to the Constitution so as to provide for the management and control over schools which do not achieve a minimum passing level of 50 percent of the eligible students having taken the examination required for graduation to be acquired by the state, an institution of higher edu cation, or a private educational enterprise, at the discretion of the Governor; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Education.
SR 26. By Senators McGuire of the 30th, Edge of the 28th, Newbill of the 56th and others:
A resolution proposing an amendment to the Constitution so as to prohibit the amendment of any previously enacted general appropriations Act in any man ner which increases the aggregate expenditures made by such general appropri ations Act, except for appropriations to provide funds to reserves; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Appropriations.

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SR 28. By Senator Cheeks of the 23rd:
A resolution proposing an amendment to the Constitution so as to provide that a county, municipality, or political subdivision of the state may not incur debt or obligate itself above a limit of $1 million through a certificate of participation, lease-purchase contract, installment sales contract, or other similar arrange ment unless such debt or obligation is approved by the voters; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Finance and Public Utilities.

SR 29. By Senator Griffin of the 25th: A resolution designating 1995 as the Year of the Family in Georgia.
Referred to Committee on Health and Human Services.
The President called for the morning roll call, and the following Senators answered to their names:

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

Glanton Gochenour Griffin Guhl Harbison Henson
Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Not answering was Senator Griffin.

Newbill Oliver Perdue Pollard Ragan Ralston
Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

The following communication was filed with the Secretary:

The State Senate Atlanta, Georgia 30334

MEMORANDUM

DATE: TO:
FROM:

January 10, 1995 Frank Eldridge Secretary of the Senate Floyd Griffin, Jr. Senator, 25th District

During the Session of the Senate this morning, my machine was inoperative and I was unable to vote. Senator Pollard was seated next to me and can vouch for me.

Kindly, consider this memorandum as notice that I was present but unable to vote during the session of January 10, 1995.

TUESDAY, JANUARY 10, 1995

43

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Marable of the 52nd introduced the chaplain of the day, Reverend Carey In gram, pastor of Lovejoy Baptist Church, Rome, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 13. By Senator Hooks of the 14th: A resolution commending the Macon County Mennonite Community and the Mennonite Disaster Service.
SR 16. By Senator Dean of the 31st: A resolution commending Lee Jolly.
SR 17. By Senator Dean of the 31st: A resolution commending Kevin Boozer.
SR 21. By Senators Pollard of the 24th and Cheeks of the 23rd: A resolution commending Kathryn May.
SR 22. By Senator Oliver of the 42nd: A resolution congratulating Glenn Memorial United Methodist Church on its 75th anniversary.
SR 31. By Senators Isakson of the 21st, Broun of the 46th, Edge of the 28th and Land of the 16th: A resolution commending Eric Zeier.
SR 32. By Senator Dean of the 31st: A resolution honoring and expressing appreciation to Odell Owens, Jr., on the occasion of his retirement.
SR 33. By Senator Dean of the 31st: A resolution commending Mt. Zion Baptist Church on its 150th anniversary.
HR 15. By Representatives Walker of the 141st, Murphy of the 18th, Connell of the 115th and others: A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.
The President appointed as a Committee of Escort the following Senators: Ray of the 19th, Perdue of the 18th, Marable of the 52nd, Brown of the 26th, Middleton of the 50th, Ralston of the 51st, Clay of the 37th and Taylor of the 12th.

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HR 16. By Representatives Walker of the 141st, Murphy of the 18th, Connell of the 115th and others:
A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.
HR 17. By Representatives Walker of the 141st, Murphy of the 18th, Connell of the 115th and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.
HR 18. By Representatives Walker of the 141st, Murphy of the 18th, Connell of the 115th and others:
A resolution relative to adjournment; the General Assembly shall adjourn on Friday January 13, and reconvene Monday January 23; and thereafter adjourn each Friday, when in session, and reconvene on the Monday next following.
Senator Slotin of the 39th introduced the doctor of the day, Dr. Joy Maxey of Atlanta, Georgia.
Senator Perdue of the 18th moved that the Senate do now adjourn until 10:00 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 10:50 A.M.

WEDNESDAY, JANUARY 11, 1995

45

Senate Chamber, Atlanta, Georgia Wednesday, January 11, 1995 Third Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd 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 Jour nal was confirmed.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 7. By Senator Guhl of the 45th:
A bill to amend Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to extent of contempt power and when jury trial required, so as to pro vide that when a person who is gainfully employed violates an order of the court granting temporary or permanent alimony or child support and the judge finds the person in contempt of court, the sentencing judge may sentence the respon dent to a term of confinement in a diversion center and participation in a diver sion program operated by the Department of Corrections, a sheriff, or a county.
Referred to Committee on Judiciary.
SB 41. By Senator Ralston of the 51st:
A bill to amend Code Section 44-12-300 of the Official Code of Georgia Annotat ed, relating to tribes, bands, groups, or communities recognized by the state as legitimate American Indian Tribes, so as to provide for an additional band so recognized.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 42. By Senator Broun of the 46th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, so as to provide for an exemption from state sales and use taxation for certain sales by certain schools.
Referred to Committee on Finance and Public Utilities.
SB 43. By Senators Starr of the 44th and Hooks of the 14th:
A bill to amend Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors, embalmers, and operators of funeral establishments, so as to provide that it shall be unlawful for any funeral establishment, funeral director, or embalmer to inter a dead human body in the earth or above ground unless the casket con taining such dead human body is permanently engraved or stamped.
Referred to Committee on Health and Human Services.
SB 44. By Senator Abernathy of the 38th:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag.
Referred to Committee on Rules.

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SB 45. By Senators Crotts of the 17th, Isakson of the 21st, Pollard of the 24th and Starr of the 44th:
A bill to amend Code Section 33-23-1 of the Official Code of Georgia Annotated, relating to definitions relative to insurance agents, subagents, counselors, and adjusters, so as to provide that a regular salaried officer or employee of an insur er or of an agent or subagent who performs only clerical or administrative serv ices in connection with any insurance transaction and who is not involved in soliciting insurance or signing or countersigning contracts shall not be consid ered an agent.
Referred to Committee on Insurance and Labor.
SB 46. By Senators Broun of the 46th, Hooks of the 14th, Ray of the 19th and others:
A bill to amend Code Section 50-27-3 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Lottery for Education Act," so as to change the definition of the term "educational purposes and programs"; to authorize appropriations from the Lottery for Education Account for the pur pose of providing teachers and personnel at public postsecondary technical insti tutes under the authority of the Department of Technical and Adult Education the necessary training in the use and application of computers.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 47. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Code Section 20-2-161.1 of the Official Code of Georgia Annotat ed, relating to enrollment of high school students in postsecondary courses, so as to change the definition of the term "eligible institution" or "institution"; to thereby change the types of institutions in which such high school students may so enroll.
Referred to Committee on Higher Education.
SB 48. By Senators Crotts of the 17th, Isakson of the 21st, Bowen of the 13th and others:
A bill to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions on streets and highways, so as to pro vide that the Department of Transportation and the governing authority of any county or municipal corporation shall be authorized to establish maximum speed limits in construction sites on or adjacent to any public street or highway.
Referred to Committee on Transportation.
SB 49. By Senators Crotts of the 17th, Langford of the 29th, Gochenour of the 27th and others:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag, seal, and other symbols, so as to designate English as the official language of the State of Georgia; to provide for use of the official language; to provide for construction; to prohibit discrimination; to provide for remedies; to provide for exceptions; to authorize use and printing of official docu ments in other languages.
Referred to Committee on Education.

WEDNESDAY, JANUARY 11, 1995

47

SB 50. By Senator Langford of the 29th:
A bill to amend Code Section 44-14-361.5 of the Official Code of Georgia Anno tated, relating to liens of persons without privity of contract, so as to change the provisions relating to who shall be required to give a copy of a notice of com mencement to a subcontractor, materialman, or person who makes a written request for such notice; to provide that such notice shall be given by the contrac tor.
Referred to Committee on Special Judiciary.
SB 51. By Senators Langford of the 29th and Madden of the 47th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to revise the definition of premium; to au thorize the charging of a penalty with regard to the cancellation of policies under certain conditions; to clarify what shall be considered a nonrenewal with regard to certain property insurance policies.
Referred to Committee on Insurance and Labor.
SB 52. By Senators Langford of the 29th, Madden of the 47th, Hill of the 4th and others:
A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide that the state board shall add to the list of approved books and aids any book or aid requested by at least five local superintendents or at least 20 teachers teaching related subjects.
Referred to Committee on Education.
SB 53. By Senator Boshears of the 6th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to penal institutions, so as to establish a program of registration for persons who have committed certain crimes against minors or who have committed sexually violent offenses; to define cer tain terms; to provide for a court determination of a sexually violent predator.
Referred to Committee on Corrections, Correctional Institutions and Property.
SB 54. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs and charter schools, so as to substantially change provisions relating to charter schools; to change the period of time for which performance based school contract charters shall remain in effect; to provide requirements for operation of charter schools; to change the period of time for which charters may be renewed.
Referred to Committee on Education.
SR 27. By Senators McGuire of the 30th, Edge of the 28th, Newbill of the 56th and others:
A resolution amending the Rules of the Senate.
Referred to Committee on Rules.

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SR 30. By Senators Kemp of the 3rd, Farrow of the 54th, Perdue of the 18th and others:
A resolution proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of Representatives and Senate of the State of Georgia, the Lieutenant Governor, the Secretary of State, the Attorney General, the State School Superintendent, the Commissioner of Insurance, the Commis sioner of Agriculture, the Commissioner of Labor, and members of the Public Service Commission; to provide for the submission of this amendment for ratifi cation or rejection.
Referred to Committee on Ethics.
SR 34. By Senator Guhl of the 45th:
A resolution proposing an amendment to the Constitution so as to provide that the members of the State Board of Pardon and Paroles shall be elected at state wide elections; to provide for currently serving members; to provide for the sub mission of this amendment for ratification or rejection.
Referred to Committee on Corrections, Correctional Institutions and Property.
SR 35. By Senator Guhl of the 45th:
A resolution proposing an amendment to the Constitution so as to provide for a four-term limitation for members of the General Assembly; to provide for an exception; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Ethics.
SR 36. By Senators Crotts of the 17th, Isakson of the 21st, Guhl of the 45th and others:
A resolution proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of Representatives and Senate of the State of Georgia; to provide for the submission of this amendment for ratification or re jection.
Referred to Committee on Ethics.
SR 37. By Senator Dean of the 31st:
A resolution urging cities and counties of the State of Georgia to fly the POW flag when the United States and Georgia flags are flown.
Referred to Committee on Defense and Veterans Affairs.
SR 39. By Senator Ralston of the 51st:
A resolution proposing an amendment to the Constitution so as to provide that beginning on or after January 1, 1997, no Senator shall serve more than four consecutive terms in the Senate and no Representative shall serve more than four consecutive terms in the House of Representatives; to provide for the sub mission of this amendment for ratification or rejection.
Referred to Committee on Ethics.

WEDNESDAY, JANUARY 11, 1995

49

SR 40. By Senator Perdue of the 18th:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, as amended, so as to conform certain committee designations therein to existing designations.
Referred to Committee on Transportation.

SR 44. By Senators James of the 35th, Scott of the 36th, Ray of the 19th and others:
A resolution commending the late Senator Arthur Langford, Jr., and designat ing the Arthur Langford, Jr., Memorial Parkway.
Referred to Committee on Transportation.
The President called for the morning roll call, and the following Senators answered to their names:

Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Those not answering were Senators:

Abernathy

Balfour

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger Walker
Taylor

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, Dr. Bob Bowling, pastor of Oak Grove United Methodist Church, Decatur, Georgia, who offered scripture reading and prayer.
Dr. Robert G. Palermo served as Doctor of the day.
Senator Perdue of the 18th moved that upon dissolution of the Joint Session of the Senate and House, the Senate would stand adjourned until 10:00 A.M. tomorrow.
The motion prevailed.
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing a message from the Honorable Willis B. Hunt, Jr., Chief Justice of the Supreme Court of Georgia, was called to order by the President of the Senate. HR 17, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.

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The Honorable Willis B. Hunt, Jr., Chief Justice of the Supreme Court, addressed the Joint Session of the Senate and House of Representatives as follows:
STATE OF THE JUDICIARY ADDRESS
I know my presence here is less an opportunity to disseminate useful information than it is a symbol that the third branch of government indeed exists and that you recognize our role, and we appreciate that. You understand that our engines are fed primarily by your work product. Almost everything you do finds its way to us. Whether your statutory enact ments govern the substance and procedure of our tort cases, our divorce cases, or our crimi nal cases, or whether the laws you pass are simply presented to us for interpretation (because some people, believe it or not, don't know what you mean), the produce of your work is our life blood.
Courts don't make law, or so some people say, but they interpret it every day, whether in the literal sense of the appellate function or in the practical application of the trial courts--approving or disapproving by their enforcement or rejection of your work product. And, it is that every day, necessary, even intense, relationship between us, that I will re flect on in response to your kind invitation to be here.
Should I do as my predecessors have done for the last eight years, and that is, should I shower you with statistics that demonstrate the ongoing overload on your state courts and the fact that the courts' share of the state budget has never exceeded one percent--never reached one percent. You may recall Harold Clarke's eloquent plea two years ago reflecting on the song, "Buddy, Can You Spare A Dime?" and then asking you, "Buddy, Can You Spare a Penny?" But a penny could not be spared then, and apparently cannot now. We get right at eight-tenths of one percent of the state budget.
But I have decided that I won't dwell on that because everybody knows there is an unmet demand for court time; everybody knows the courts are overloaded, a situation that certainly won't be alleviated by stiffer sentencing laws and by, for example, the upcoming Olympics. You don't have to be a lawyer or a judge to know that. And everybody knows that there are far more demands for your money than can be met. There are hard choices for you to make. We understand that. Education, for example. You can't be too generous as to educational needs. And, in fact, the more you address education, the~more you fund it, the less will be needed for courts and corrections--at least down the road. Pouring money into education is not a waste; it is an opportunity to attack the source of crime problems rather than the consequences, as has always been done in the past.
No matter what percent of the budget we have gotten, I personally think you have done as well by us as present circumstances permit. In fact, as far as the Supreme Court goes, you have been generous. Your generosity has permitted us to create and nurture programs we believe essential to the goal of equal justice and effective justice. Those programs in clude the Committee for Gender Equality, the Commission on Racial and Ethnic Bias, the Office of Dispute Resolution (ADR), Courts Automation, and the new Committee on Sub stance Abuse in the Courts. Over the past three years you have doubled funding for indi gent defense. These are important programs with important goals and we, you and us, are jointly fulfilling our responsibility to pursue them.
You have fulfilled your responsibility to the superior courts-the principal trial courts of the state. You have agreed to add judges, but your hands are tied by the Brooks litigation. We pray for a speedy resolution of those cases, but not just speedy, we want a fair resolu tion as well.
To meet the current demand, our superior courts have absorbed all available senior judges and many, many magistrates, juvenile judges, and probate court judges. Much of the family law workload in the superior courts has been shifted to magistrates. These are emergency times and this is an emergency measure--but it is troubling.
It is at the heart of dissatisfaction and disenchantment of family court litigants and lawyers. Family law problems go beyond the lack of judge power. We all know that and we,

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and the members of the State Bar, and a number of you, are working with the Family Court Commission to address the overall problems and the wisdom, the feasibility of a family court. The citizens have authorized pilot programs in this field and we know you will consider those. This is not, may I say, under all the attendant circumstances, not the time to alter the discretionary appeals process. Let's don't attack the problem piecemeal with what is believed by some to be a short term solution. Let's address the whole problem through the study of the commission, the pilot programs, and the eventual addition of supe rior court judges.
The trial courts desperately need help, but what is mainly needed is more judges, and you can't address that now.
I have not overlooked our Court of Appeals, I have saved them for last because they need your help, and you can help them. For every one opinion that I and my colleagues on the Supreme Court write, my colleagues on the Court of Appeals each write five--or is it six? They are basically writing one opinion for each workday, an enormous load--an impos sible load. They seek your help in order to provide sufficient staff to keep them afloat and I know you will be responsible and meet their needs. Be generous with them. Don't compro mise, be generous. They are the hardest working appellate judges in the country, and they need and deserve your help.
To be honest, they need more than staff. They need, although they may not agree with me, they need the benefit of a restructured appellate court system. They need more judges--either on their court or at least on another appellate tier--but you can't solve that now, even if we were to agree how to solve it.
So there you have it. You get a high grade from me--subject, of course, to what you do to us this year. But we are grateful for what you do, and 1 won't let this moment pass without thanking you once again for the across-the-board pay raise you gave all judges last year. You were generous--most generous. Decent compensation says a lot about the state of our judiciary and we are grateful that you recognized and met our need.
We are also grateful that a decade ago you were wise enough to let the people tell us through their constitution that judges' elections should be non-partisan. We have thereby avoided the confusion and distress suffered by our neighbors in Alabama, North Carolina, and Texas. The pressure of party politics and political action committees has cast a dark shadow on the legitimacy of their method of selecting judges.
But our system still deserves scrutiny. The underlying challenges of the Brooks case must eventually be addressed, regardless of the outcome. And, the wisdom of statewide judicial elections is still up for grabs. In twenty years appellate court incumbents have faced opposition ten times and won nine of those times--a track record that challenges the system. Should a newly appointed member of either of these two courts be required to face election within a few months after taking office? Is that fair to the judge? Is it fair to you and the rest of the voting public? Will we see the same increase in campaign contribu tions--mainly from interested lawyers--as has occurred in Alabama, North Carolina, and Texas? I hope not, but I am worried about it and you should be too.
Well, I've said enough about responsibility and gratitude (maybe enough period) but let me conclude with a vision--my vision of what our court system should be and, yes, it will cost more than a tenth of one percent of the state budget. But you'll have plenty of lead time to adjust. It is a vision that no other judge necessarily shares, but you get it from me for the price of admission.
Beyond the probate and magistrate courts which could be joined together, but probably never will, there would be three tiers.
There would be one trial court--the Superior Court, with a family law division, includingjuvenile matters, and perhaps a criminal division. All civil and criminal cases would go there and superior court judges could try something besI3es divorce and felonies. Why have both superior courts and state courts? There is no reason. State trial courts should be funded by state monies.

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There would be a well staffed mediation/arbitration office through which most of the civil work would be initially funneled. There would be--as there is in some states--an appellate division of the superior court. Regionally, perhaps by congressional district (as judicial districts are now divided), there would be a panel of three judges who would hear direct appeals from all civil cases, family law included, and most criminal cases. They would provide for a review of fact and law in these cases, many of which are now discretion ary. The appellate division would be what I call a primary court of appeals.
Our present Court of Appeals, on the other hand, would be a true intermediate court of appeals. It may well need no more members. It would take capital criminal cases on direct appeal, but others would belargely discretionary. Because of the work of the primary court of appeals, its workload would be greatly reduced. It would be manageable; it would be very important. It would be the high error-correcting court.
The Supreme Court then, except for death penalty cases, constitutional issues, tax cases, and claims against the state, would be a true cert court. It would take its cases by writ of certiorari to the Court of Appeals. Unlike now, the Supreme Court and the Court of Appeals would not be doing the same thing--they would not be sharing the error-correcting function. That would primarily rest with the Court of Appeals and the primary appellate division. The Supreme Court could fulfill its principal role, that of molding the common law, that of interpreting the constitution, and that of overseeing the legal profession--an increasingly important and urgent role. The Supreme Court would speak to broad issues of justice and equality.
The judges of these courts would be fairly selected by a method that would insulate them as far as possible from unwanted political pressure, but would permit the voters to decide, either directly or indirectly, who serves. That method would also insure the selec tion of judges who look like the people of this state--representation as to gender and to race.
Well, there you have it. Simple, right? It will come, as do all judicial reforms, in incre ments. But it will come--trust me--I've seen the process close up for twenty-four years and something like my suggestion, similar to my suggestion, will arrive. It is not unlike the product envisioned by Paul Broun, Larry Walker, and Roy Barnes (and I) in 1984 on the Governor's Commission on Judicial Processes--Justice 2000. It will simplify and immea surably enhance the administration of justice and you--with responsibility, gratitude, humility and vision--will be proud to fund it.
I have tried to cover those words--responsibility, gratitude, humility, and vision--the words of the Governor. Maybe I was a little short on humility (out of character), but there is one more word that describes better than any other the journey, the odyssey, the pilgrim age of the courts in our search for justice, and that is persistence.
We have a great partnership--our two branches--together we will persist and prevail for the people we serve.
Senator Perdue of the 18th moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint session dissolved.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 A.M. tomorrow.

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53

Senate Chamber, Atlanta, Georgia Thursday, January 12, 1995 Fourth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd 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 Jour nal was confirmed.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 4. By Senator Thomas of the 10th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of employees of certain state au thorities and commissions in the Employees Retirement System of Georgia, so as to provide that employees of community service boards shall be members of such retirement system; to provide for employee and employer contributions; to provide for creditable service for certain prior service.
Referred to Committee on Retirement.
SB 5. By Senators Thomas of the 10th and Walker of the 22nd:
A bill to amend Code Section 31-6-2 of the Official Code of Georgia Annotated, relating to definitions relative to state health planning and development, so as to change the definition of clinical health services.
Referred to Committee on Health and Human Services.
SB 55. By Senators Johnson of the 1st and Oliver of the 42nd:
A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, so as to add a definition; to provide what constitutes such orders; to authorize such orders to be carried out by certain emergency medical services providers and health care personnel; to limit the duties and liability of certain health care providers and other health care facili ties.
Referred to Committee on Judiciary.
SB 56. By Senators Kemp of the 3rd, Johnson of the 1st and Boshears of the 6th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide a source of funding and procedures for site investigation, engineering, and cleanup in cases where sol vents used by dry cleaners may contaminate the environment; to provide for declaration of policy and legislative intent; to define certain terms; to provide for powers and duties of the Board of Natural Resources.
Referred to Committee on Natural Resources.

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SB 57. By Senators Clay of the 37th, Crotts of the 17th, McGuire of the 30th and others:
A bill to amend Code Section 16-6-3 of the Official Code of Georgia Annotated, relating to statutory rape, so as to raise the age of consent from 14 years of age to 16 years of age.
Referred to Committee on Special Judiciary.
SB 58. By Senators Clay of the 37th and Newbill of the 56th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to pro vide that it shall be unlawful for any person to carry or possess on his or her person any firearm while such person is under the influence of alcohol, certain drugs or controlled substances, or both; to provide for definitions; to provide a penalty.
Referred to Committee on Special Judiciary.
SB 59. By Senators Clay of the 37th and Newbill of the 56th:
A bill to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to proceedings of state agencies excluded from the requirements of law relating to open and public meetings, so as to provide that all information on the votes taken by the State Board of Pardons and Paroles shall be released for inspection after such voting.
Referred to Committee on Corrections, Correctional Institutions and Property.
SB 60. By Senators Clay of the 37th, Egan of the 40th, McGuire of the 30th and Newbill of the 56th:
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 possession of open containers of alcoholic beverages in a motor vehicle; to provide that it shall be unlawful for any person to possess an open container of an alcoholic beverage while operating a motor vehicle or while a passenger in a motor vehi cle.
Referred to Committee on Special Judiciary.
SB 61. By Senator Ragan of the llth:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support, so as to provide for the appointment of counsel in certain contempt proceedings for failure to pay child support; to pro vide for eligibility.
Referred to Committee on Judiciary.
SB 62. By Senator Slotin of the 39th:
A bill to amend Article 6 of Chapter 2 of Title 20, the "Quality Basic Education Act," so as to provide for legislative findings and intent; to transfer to regional educational service agencies (RESA's), the duties, functions, and powers previ ously performed by the Georgia Learning Resources System and the Psychoeducational Network; to reduce the number of RESA service areas; to provide for transitional measures.
Referred to Committee on Education.

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SB 63. By Senators Slotin of the 39th, Guhl of the 45th and Newbill of the 56th:
A bill to amend Code Section 20-2-152 of the Official Code of Georgia Annotated, relating to special education services under the "Quality Basic Education Act," so as to provide that the State Board of Education shall operate a single state school for the deaf; to state legislative findings; to provide for the location of such single school and the closing of other state schools for the deaf; to provide for related matters; to provide for a schedule for implementation.
Referred to Committee on Education.
SB 64. By Senators Middleton of the 50th, Madden of the 47th, Ralston of the 51st and others:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for state grants for certain educational programs conducted after regular school hours for at-risk youth.
Referred to Committee on Education.
SB 65. By Senators Ralston of the 51st, Oliver of the 42nd, Clay of the 37th and others:
A bill to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to provide a period of suspension of the licenses of drivers under the age of 18 convicted of or pleading nolo contendere to driving under the influence of drugs or alcohol; to provide for applicability.
Referred to Committee on Judiciary.
SB 66. By Senators Clay of the 37th, Crotts of the 17th, McGuire of the 30th 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 the offense of driving under the influence of alcohol or drugs; to change the provisions relat ing to implied consent to chemical tests; to change the provisions relating to administration of chemical tests, rights of motorists, reporting of test results, refusal to submit to tests, and suspension or denial of licenses and permits.
Referred to Committee on Judiciary.
SB 68. By Senators Thomas of the 10th, Stokes of the 43rd and Brown of the 26th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses relating to the development and dissemination of instructional materials on the effect of alcohol, so as to require a course of study in home economics which includes parenting education as prescribed by the De partment of Education for all state funded schools with grade nine or above.
Referred to Committee on Health and Human Services.

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SB 69. By Senators Thomas of the 10th, Oliver of the 42nd, Hill of the 4th and Marable of the 52nd:
A bill to amend Code Section 31-5-9 of the Official Code of Georgia Annotated, relating to injunctions for enjoining violations of the provisions of this title, so as to exempt certain injunction cases filed by the Department of Human Resources and county boards of health from the automatic supersedeas provisions of Code Section 5-6-13, relating to the granting of supersedeas in cases of contempt; to provide for enforcement by contempt action.
Referred to Committee on Judiciary.
SB 70. By Senator Thomas of the 10th:
A bill to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding emergency medical services, so as to provide for a state plan for trauma victims.
Referred to Committee on Health and Human Services.
SB 72. By Senators Abernathy of the 38th and Scott of the 36th:
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 pro vide for the offense of criminal storage of a firearm; to provide for legislative findings and intent; to provide for a short title; to provide definitions; to provide penalties for keeping a loaded firearm within accessibility of a minor who ob tains such firearm and causes death or bodily injury.
Referred to Committee on Judiciary.
SB 73. By Senators Abernathy of the 38th, Johnson of the 2nd, Scott of the 36th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for minority owned business participation in state contracts; to provide for legislative findings; to provide definitions; to pro vide for statements encouraging minority participation in all bid documents; to provide for advertisement of procurement opportunities; to provide for the designation of liaison officers.
Referred to Committee on State and Local Governmental Operations - General.
SB 74. By Senators Abernathy of the 38th, Scott of the 36th, Walker of the 22nd and Ray of the 19th:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to provide that it shall be unlawful for any person who is a party thereto to intercept any wire, oral, or electronic communication without the prior consent of the other party.
Referred to Committee on Judiciary.
SB 75. By Senators Abernathy of the 38th and Scott of the 36th:
A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to require certifi cates of health, gloves, and hair nets for certain persons who handle food in food service establishments.
Referred to Committee on Consumer Affairs.

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SB 76. By Senators Abernathy of the 38th, Scott of the 36th, Walker of the 22nd and Ray of the 19th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and imputation of and exemptions from income taxes, so as to provide an income tax exemption for any employer who hires or provides employment related training to minors between the ages of 13 and 17 years who are enrolled in public or private schools; to provide definitions; to provide the amount of such exemption.
Referred to Committee on Finance and Public Utilities.
SB 77. By Senators Abernathy of the 38th, Scott of the 36th, Walker of the 22nd and Ray of the 19th:
A bill to amend Code Section 15-11-36.1 of the Official Code of Georgia Annotat ed, relating to counseling or counsel and advice for children and their parents, so as to provide for counseling once a child is brought within the jurisdiction of the juvenile court.
Referred to Committee on Judiciary.
SB 78. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation in criminal sentencing, so as to provide that community service shall be a condition of probation in all cases involving felonies or misde meanors; to provide that community service may be considered as a condition of probation in other cases.
Referred to Committee on Judiciary.
SB 79. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for the impoundment of license plates of habitual violators; to provide for the issuance of special license plates; to pro vide for procedures; to provide for fees for the issuance of special license plates; to provide for restrictions on the sale of certain motor vehicles.
Referred to Committee on Judiciary.
SB 80. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to enact the "Death Penalty Appeal and Habeas Corpus Reform Act of 1995"; to state legislative findings; to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment in death cases, so as to change provisions relating to review of sentences; to state a purpose of eliminating unnecessary delay in carrying out a valid death sentence.
Referred to Committee on Judiciary.

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SB 81. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances in criminal cases in general, so as to provide limitations upon the granting of bail where there is probable cause to believe that a serious violent felony has been committed by a person previous ly convicted for a serious violent felony; to define terms; to state legislative find ings.
Referred to Committee on Judiciary.
SB 82. By Senator Cheeks of the 23rd:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to provide that neither the state nor any of its political subdivisions shall discriminate against or grant preferential treatment to any individual or group in employment, edu cation, or contracting.
Referred to Committee on Special Judiciary.
SB 83. By Senator Cheeks of the 23rd:
A bill to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to provide for legislative intent; to provide for certain definitions; to provide for the applicability of advanced placement examination fees to students enrolled in private secondary schools.
Referred to Committee on Education.
SB 84. By Senators Broun of the 46th and Bowen of the 13th:
A bill to amend Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualifications and training requirements for sheriffs, so as to change certain qualifications; to provide that no person shall be eligible to hold the office of sheriff unless such person is a registered peace officer or is a certified peace officer.
Referred to Committee on Public Safety.
SR 1. By Senators Glanton of the 34th, Gochenour of the 27th, Starr of the 44th and others:
A resolution creating the Georgia Sovereignty Resolution of 1995 and claiming sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal gov ernment by the United States Constitution.
Referred to Committee on State and Local Governmental Operations - General.

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SR 46. By Senators Broun of the 46th and Tysinger of the 41st:
A resolution proposing an amendment to the Constitution so as to provide that not less than 50 percent of the annual state budget shall be appropriated to the State Board of Education, the Department of Education, and the Board of Re gents of the University System of Georgia; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Appropriations.
The following report of a standing committee was read by the Secretary:

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 39. Do pass.

SB 40. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

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

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Egan Farrow Gillis
Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger Walker

Those not answering were Senators:

Abernathy

Scott

Edge

Thompson

Senator Perdue of the 18th introduced the chaplain of the day, Reverend Tommy Dan iels, pastor of Bethany Baptist Church, Cochran, Georgia, who offered scripture reading and prayer.
Senator Guhl of the 45th introduced the doctor of the day, Dr. James Stillerman of Covington, Georgia.

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The following resolutions were read and adopted:
SR 38. By Senator Dean of the 31st: A resolution commending the First Baptist Church of Cartersville.
SR 41. By Senator Broun of the 46th: A resolution commending Mr. Bill Shipp.
SR 42. By Senator Broun of the 46th: A resolution commending the Oconee County Clean and Beautiful Commission.
SR 43. By Senator Burton of the 5th: A resolution commending the members of the Georgia SMOKE-FREE CLASS OF 2000.
SR 45. By Senators James of the 35th, Ray of the 19th, Perdue of the 18th and others: A resolution expressing regret at the passing of Senator Arthur Langford, Jr.
SR 47. By Senators Ragan of the llth and Turner of the 8th: A resolution honoring Mrs. Sarah Eugenia Lipham Brinson on the occasion of her 100th birthday.
SR 48. By Senators Ragan of the llth and Turner of the 8th: A resolution commending Mrs. Nancy Tennyson on being presented the "Com munity Service Award" by the Mental Health Association of Georgia.
SR 49. By Senators Ragan of the llth and Turner of the 8th: A resolution commending the Thomas County Central High School football team.
SR 50. By Senators Ragan of the llth and Turner of the 8th: A resolution commending Carl E. "Eddie" Roland on being named Outstanding Professional by the Mental Health Association of Georgia.
SR 51. By Senators James of the 35th and Slotin of the 39th: A resolution expressing regret at the passing of Arthur Benefield.
SR 52. By Senators Ragan of the llth, Turner of the 8th and Hooks of the 14th: A resolution recognizing William J. "Josh" Lewis, III.

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

SENATE LOCAL CONSENT CALENDAR
Thursday, January 12, 1995 FOURTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 39 Madden, 47th MADISON COUNTY
To provide for the nonpartisan nomination and election of the judge of the Pro bate Court of Banks County.

SB 40 Madden, 47th MADISON COUNTY

To provide for the nonpartisan nomination and election of the Chief Magistrate of the Magistrate Court of Banks County.

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 Black
Blitch Boshears
Bowen
Broun of 46th
Brown of 26th Burton
Cagle Cheeks Clay Crotts
Day Dean Egan
Farrow Gillis
Glanton

Gochenour Griffin
Guhl Harbison
Hill
Hooks
Isakson James
Johnson of 2nd Johnson of 1st Kemp Land
Langford Madden Marable
McGuire Middleton

Newbill Oliver
Perdue Pollard
Ragan
Ralston
Ray Slotin
Starr Stokes Tanksley Taylor
Thomas Thompson Turner
Tysinger Walker

Those not voting were Senators:

Abernathy

Henson

Scott

Edge

On the passage of all the local bills, the yeas were 52, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite con stitutional majority, were passed.
Senator Perdue of the 18th moved that upon dissolution of the Joint Session of the Senate and the House, the Senate would stand adjourned until 9:00 A.M. tomorrow.
The motion prevailed.

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The hour for convening the Joint Session of the Senate and the House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing a Message from His Excellency Governor Zell Miller, pursuant to HR 15 adopted previously, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard. HR 15, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.
His Excellency, Governor Zell Miller, addressed the Joint Session of the Senate and the House of Representatives as follows:
STATE OF GEORGIA Office of the Governor Atlanta 30334-0900
Lieutenant Governor Howard, Speaker Murphy, Members of the General Assembly, Members of the Judiciary, members of the Consular Corps, ladies and gentlemen. . .
I thank you for this opportunity to come before you once again to report on the state of this great State, and lay before you the budget that will set the course I believe we must travel. And I am proud to report that Georgia is striding toward the new century with a strength and confidence that is turning heads all across the nation and around the world.
Pick up the Los Angeles Times, and there is Georgia's HOPE Scholarship Program. Pick up the New York Times or tune in "Good Morning America," and there is Georgia's telemedicine program.
Turn on the network news, and there is Georgia's "two strikes" provision that makes us the toughest state in the nation on violent crime.
Not even counting Olympic-related visitors, international travelers to Georgia in creased by 34 percent last year. And international trade by Georgia firms rose 23 percent. Last year alone, 132 new manufacturing plants were announced in Georgia, and the value of their investments represents an increase of 176 percent over 1993.
1994 was the third year in a row that Georgia was the fastest growing state east of the Rocky Mountains -- 577,000 new Georgians over the past four years, and that will con tinue for the next four.
We have created more new jobs in the past four years than all but two other states. Together, we set the stage for that growth with a record of fiscal responsibility. We cut state spending by $700 million. We cut income taxes twice by a total of $130 million.
Our rainy day savings account, which was completely empty four years ago, is now full at $267 million. That is its highest level in history. And we continue to maintain our top bond ratings.
Without question, Georgia is clearly a progressive, exciting place where people and businesses want to be. But there is more to do. For if we slack off, if we slow down, our competitors will overtake us. As someone once said, even when you're on the right track, you'll still get run over if you just sit there.
As you already know from my inaugural address, education is and will continue to be the top priority of this administration, because it addresses so many of the other challenges we face, from crime to economic development. And education, of course, is the focus of the legislative and budget proposals I bring to this session of the General Assembly.
Let me underline this, because there's never been anything like it: 73 percent of the money added to the current fiscal year in the supplemental budget is going for education. And 66 percent of the increased funding in the FY 96 budget is dedicated to education.
But let's also understand this: Much of the new funding and many of the exciting and unique initiatives Georgia is now able to undertake in education are the direct result of the lottery, which is injecting more than $400 million dollars into the budget.

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The HOPE scholarship program is the most far reaching program in the United States. It is Georgia's G.I. Bill. And I am proposing that we make it even more far reaching by expanding it in several ways:
First, give college students who lose their "B" average one second chance to earn their way back by getting their grades back up to a 3.0.
Second, remove the income cap to make all Georgia families eligible. This a scholarship program, not an entitlement. I believe it should reward hard work, regardless of income level.
Third, give students who could not go to college right out of high school a chance to earn their way on to HOPE by maintaining a "B" average during their first two years of college.
Fourth, give outstanding students at our public and private colleges an incentive to become teachers. If they have a 3.6 grade point average or better, HOPE would provide forgivable loans for up to $3,000 a year during their junior and senior years. They would pay off their loans by teaching in Georgia public schools for four years.
I also want to provide 1,000 scholarships each year of up to $10,000 each for teachers to pursue advanced degrees at public or private colleges in demanding areas where we are experiencing teacher shortages. And in return, the recipients would teach in Georgia public schools for four more years.
And finally, I am proposing another $500 increase per Georgia student in the Tuition Equalization Grant for our private colleges and universities. This makes a TEG total of $2,500 per student, or three times what it was four years ago. It will make Georgia's TEGs the highest in America.
Our pre-kindergarten program for four-year-olds is also unique. We are serving about 20,000 four-year-olds, with at least one program in nearly every county of the state. These programs are locally designed and locally controlled and they use both public and private providers.
No other state has reached out to such a high percentage of at-risk four-year-olds. We're reaching about 50 percent of ours. And no other state provides voluntary pre-kinder garten for all four-year-olds, as I am recommending.
I cannot overstate the importance of this program. Not only will pre-kindergarten save the state up to seven dollars down the road for every one dollar we spend on it. But prekindergarten is also one of the most effective crime prevention programs we could have.
Yes, Georgia is catapulting ahead of the rest of the nation in these areas, and I'm proud of it. I hope you are, too. But there are other areas where we must improve.
Something is wrong in education. . . something is wrong when, as an educator, the further away from the children you get, the more money you make and the more prestige you receive.
I want to change that in Georgia. That's why I am asking for you to help Superinten dent Shrenko and me perform radical surgery on the education bureaucracy of this state. This budget cuts $30 million out of the education bureaucracy and puts it into the class room. Because I believe the closer we can keep the money to the children, the more good it will do our children.
This budget cuts central office administration, both in our local school systems and across the street at the state level. The money would then be used for technology special ists and elementary school counselors.
It would free up a teacher for part of the day at every single school in this state to share technology skills with their colleagues -- a teacher who has been trained and is skilled in using classroom technology.

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And we can complete the process we began last year of providing counselors in the elementary grades, so that for the first time ever we will have state-funded counselors for every grade, K-12.
In moving this money to the classroom, I am proposing a fundamental change in the way the state funds central office personnel for school systems. My plan creates six levels based on the size of the school system, beginning with three central office staff for the smallest systems and then ranging up to 12 positions for the largest systems. From three to 12 administrative staff in the central office, paid for by the state. Shouldn't that be enough?
And I emphasize, these cuts are from the local system's central office, and not a single one is at the school level. Under this plan, there are no cuts anywhere in school level staff, and don't let anyone tell you that there is.
As I said in my inaugural address on Monday, our children need and deserve a high quality education. And if we want to require a higher level of performance from our teach ers, then we need to be willing to pay quality salaries. But teachers must understand that in return for higher salaries, the citizens of Georgia will expect higher quality in the class room and higher levels of student achievement.
When you build a house, you hire a skilled electrician, because you don't want to wake up some night and find your house on fire from faulty wiring. You hire a skilled plumber, because you don't want a ceiling to fall in some day from a leaky pipe.
You have to pay more to get good work, but you do it, because quality is important to your future life in that house. And in exchange for paying more, you expect a standard of work that lives up to the additional cost. It's the same with education. I want a higher level of excellence for Georgia's children, and I'm willing to pay more to get it.
Do a little arithmetic with me. .. Our annual teacher's salary is about $5,000 below the national average. If you will join with me in committing to a 6 percent increase each and every year for the next four years Georgia will reach the national average by the end of this administration. That is my goal, and if you will help me, we can do it, even taking into consideration that the national average is a moving target, as other states also enact increases.
It is the same with our University System. We are making significant progress and gaining national recognition, but our faculty salaries are far from where they need to be to attract and keep the best teachers. We are sixth in the Southeast. That's completely unac ceptable for the Empire State of the South, the capital of the Southeast.
Again, if you will join with me in committing to a 6 percent salary increase each and every year for the next four years we can move Georgia up among the top states in the Southeast, again taking into consideration that we're shooting at a moving target, I under stand that to do this will not be easy. But it can be done. And I believe it must be done.
And to spur teachers on in this quest for classroom excellence and improved student achievement, I want to expand the pay-for-performance initiative we began last school year. It rewards excellence with real bonuses, similar to those in the private sector.
Each school that chooses to participate, sets its own goals for improving student per formance, and works together to achieve them. For example, Tritt Elementary School in Cobb County decided last school year that they wanted at least 90 percent of their third and fifth grade students to meet or exceed state performance standards for math. By the end of the year, 99 percent of the students in both grades had met the state standards!
Successful schools like Tritt who meet their goals earn funds equal to $2,000 per teacher. And the faculty of these schools -- the ones who achieved the goals -- decide how to spend that money at their school.
This school year the program has just about tripled to include 45 schools. And the money you see in the budget is to reward them next summer if they meet the student achievement goals they set for themselves.

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Some of you may have noticed that last week 81 gifted teachers in the United States were awarded national teaching certification -- the idea being to raise standards for teach ers and elevate their status, treating them more like doctors and other professionals.
Two of those 81 teachers are Georgians. I'm proud to say that they are here with us this morning in the gallery, and I'd like to ask them to stand: Karen Doty of Marvin Pittman Elementary School in Bulloch County, and Shari Britner of Snapfinger Elementary in DeKalb County.
To encourage Georgia teachers to improve their skills and raise standards, I will pro pose that the state pay the participation fee for all teachers seeking national certification if they have taught at least three years. And, for those who earn national certification a onetime 5 percent increase in their salaries over and above the annual increase.
Also present in the gallery, are Georgia's teachers of the year for the past five years, and I'd like to ask them to stand: Cathy Pittman of Glynn County, Valleye Blanton of Lowndes County, Nancy Royal of Coweta County, Sue Ellen Cain of Carrollton City, and Jeff White of Gwinnett County. We're proud of each of you, and I'm looking forward to having lunch with you after this long speech.
One of the most important programs I want to begin is called "One At a Time." It will create one-on-one mentoring relationships for students in the middle grades. It will pair adults with students who are at risk, to give them a positive role model and a special per sonal relationship which can help them as they make decisions on their future.
The funds in the budget are for local grants to schools and communities to help with the cost of planning and coordinating these volunteer programs. And I want to give those high school students who are not headed for college some real, hands-on experience in the work place.
The youth apprenticeship program I started is now at 24 sites and working well. I want to expand it, and continue to build a partnership between business and education that will make training for a job part of the classroom experience.
On Monday I said that it's time for our schools to give a warranty on their product in the form of a guaranteed diploma. And Tuesday an administration bill was introduced to do just that.
What I am proposing is that high schools issue to their graduates a two-year warranty on a basic standard of academic skills in reading, writing and math. If an employer discov ers that the graduate's skills do not live up to the warranty, then the employer can request additional education for the graduate at a technical institute at no cost to the graduate or the employer.
I want to give children and their parents more choices. . . to allow local schools to be creative and innovative, and concentrate on achieving high student performance rather than on meeting state regulations.
We passed Georgia's charter school law in 1993 and have offered information and assistance to schools at two state-wide conferences since then. But our schools are still hesitant to take advantage of this opportunity.
So another piece of legislation I will propose will make it easier to start charter schools, by requiring only a majority vote rather than two-thirds, by extending the term of the charter from three years to five, and by giving charter schools preference in grant programs for local school improvement. And then the budget includes $50,000 to provide local schools with planning grants to prepare their charter school applications.
And for students who want or need more time in the classroom, I want to expand our summer programs. We have the Governor's Honors Program for gifted students.
And last summer, for the very first time, we gave local school systems funding for summer programs to help students in grades 4-8 who were falling behind. It was volun tary, and the systems were given extensive flexibility to be creative in developing their own

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programs. Demand was greater than anyone ever imagined, and I want to open the doors to more students to be part of these creative summer programs.
The budget also continues and expands the Crossroads alternative school program we began last year. It provides grants to local systems for programs they design to meet their own needs for alternative schools.
We now have 81 local programs. And with the expansion I am proposing, we will have a statewide alternative school program. As the demand for a skilled workforce grows, more and more jobs are requiring additional training beyond high school. At the same time, the HOPE Scholarship Program has made technical training affordable for virtually every Georgia citizen.
The combination of these two factors has sent enrollments soaring at our technical institutes. They are serving more than 200,000 students, and many of them have waiting lists.
So the focus of our efforts in the Department of Technical and Adult Education has been to build, equip and staff all the facilities we need to meet the demand and train Geor gians for the jobs of the future. Presently, the largest construction program in the history of Georgia technical education is underway, with new or expanded buildings on almost every campus.
But we are determined to expand technical education in a cost-effective way that fo cuses on the students with a minimum amount of additional administrative overhead. And that is why, instead of creating a lot of new institutions, we are building satellite campuses from our existing institutions. You are going to find that the budget continues the system atic expansion of several of these facilities, equips the new facilities we have coming on line and provides the teachers they require.
During the past four years, Shirley has devoted a lot of her time to adult literacy, and Georgia has become one of the leading states in the nation in this critical area. Since 1990 the number of Georgians getting their GED has grown more than twice as fast as the na tional average. And last year we hit an all-time record high, with 21,200 Georgians receiv ing GEDs.
Although that's one of the highest rates in the nation, I believe we can do even better. It costs $25 to take the GED, and I want to waive that fee so that nothing stands in the way of adults continuing their education. And, you will remember, along with every GED di ploma comes a $500 voucher from the HOPE scholarship program toward cost of attending any college or technical institute in Georgia.
During my first term, we began an effort to put a full-time literacy teacher in every Georgia county, and 83 counties are now covered. This budget includes funds to add an other 25 counties and provide some computers for their students.
Nowhere is this state closer to achieving national prominence and leadership than with the University System of Georgia. You don't have to take my word for it. Ask Chan cellor Portch. Look it up in US News & World Report and other periodicals. Our enroll ment growth continues to outstrip most of the nation. More and more of our University System units are appearing in the national rankings.
As I noted last week in my supplemental budget address, we want to undertake sev eral exciting new technology initiatives under Dr. Portch's leadership. And that continues to be the theme for the University System in next year's budget.
Not only do we need to continue rewiring and retrofitting our older buildings to accom modate high-tech labs and distance learning classrooms, but we also want to use technol ogy to make new connections. We want to connect all the libraries in the system, enabling them to use technology to share resources for students and faculty in a cost-effective way.
We want to connect University systems units with their partners in private industry, strengthening a relationship that fosters economic growth. We want to connect students with student services, to serve them faster and better.

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And we want to connect technology with teachers, by expanding the academic pro grams that use distance learning. I also want to forge a stronger connection between mi nority institutions of higher education and the minority business community.
So I am proposing some expansions to the Economic Development Center at Clark Atlanta University, and a match for federal funds at Savannah State College to promote economic ties between Africa and Georgia. And we are going to keep the Georgia Minority Supplier Directory up to date and broadly distributed.
I am also recommending that we continue a significant level of funding for the Georgia Research Alliance. As most of you know, the Research Alliance is Georgia's answer to North Carolina's Research Triangle -- a partnership of Georgia's six research universities, private industry and state government to generate economic development in advanced technology.
The state's role is to provide "seed" money to build and equip labs, and create endow ments for the eminent scholars who drive the whole process. And it attracts other invest ments like a light attracts moths. Let me give you an example.
We appropriated $1 million toward an endowment for an eminent scholar in designing new faster, cheaper electronic microchips. It was matched with another $1 million in pri vate funds. This endowment enabled the Research Alliance to recruit one of the top experts in the world. And the presence of this man being here in Georgia enabled us to attract a $40 million national research center.
This center has 35 major corporate sponsors nationwide. And over the next decade, its work will help to generate some 2 million new jobs in the U.S. electronics industry and another 5 million jobs in support industries.
And Georgia will be right in the middle of it all. That's one example of the tremendous potential of the seed money we invest in the Research Alliance. During the past four years, we have invested $58 million in the Research Alliance, and it has leveraged another $177 million from other sources.
I will continue to support this significant program in a significant way each and every year I'm Governor. I've now been talking with you for about 30 minutes about education. And I could go on talking about education -- what we're doing, what we still need to do; where I want to go, where we must go.
But some of you might want some lunch eventually, so I'm going to move on to another pressing issue that is a top priority for all of us: law enforcement. Let me begin with the most pressing and distressing aspect of it -- juvenile offenders. They have been increasing rapidly, both in numbers and in the seriousness of the crimes they commit. And we are in the midst of a massive effort to respond in an unprecedented manner in this state.
We are not only increasing the number of beds for juveniles, but we are also expanding the types of correctional programs we provide, so that we can respond appropriately to the needs of all kinds of young offenders.
This effort is now in the capable hands of Gene Walker, whose sheer size is enough to impress anyone, but who has a heart of gold, a deep commitment to youth and a lot of expertise and experience to bring to this job. And I want to give Gene Walker the tools he needs to do the job. It begins with an increase of $17 million for DCYS in the supplemental budget.
Then the FY 96 budget continues that new funding and adds to it, bringing the in crease up to $35 million and the department's budget to nearly $125 million. In addition to that, I am recommending $35 million more in bonds for DCYS construction.
Last year you helped me change the law to require that teenagers who commit certain violent crimes be tried and sentenced as adults. We are doing that, and they are serving their sentences in a separate facility run by the Department of Corrections.
But we still have a lot of young toughs who are tried as juveniles and sentenced to Youth Detention Centers, where they are disruptive and impossible to control. I propose to

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put those offenders in Eastman, and ease overcrowding at the YDC's as well as remove the worst behavior problems. So we're going to expand the Eastman facility.
We're also expanding our YDC's to provide more beds, and improving these facilities and upgrading their staff so that they can do a better job of reclaiming the non-violent offenders. Then for certain other juvenile offenders, we've begun a youth boot camp at Davisboro.
To supplement our wilderness programs, we've opened the Excel program, operated by a private firm that specializes in alternatives to incarceration for juveniles. And we are expanding the placement slots for youth who are so seriously disturbed that they can't function in any of these programs.
We are also making tremendous progress with adult offenders. On January 1st our "two strikes" provision went into effect, and Georgia now has the toughest law on violent crime of any state in the nation.
We are making it clear that here in Georgia, life is precious, and if you damage or destroy it, the consequences will be heavy. And we are going to have the prison beds ready, so that those who do the crime will also do the time. The supplemental budget includes funds for 1,600 new beds in fast-track expansions to four existing prisons.
The FY 96 budget does more of the same. It expands the Washington and Hancock Correctional Institutions for a total of nearly 400 new beds, and includes planning funds for two new prisons of 1,000 beds each.
And we must expand our substance abuse programs, because three-fourths of our prison inmates and two-thirds of our probationers have significant substance abuse problems.
But there is much more to law enforcement than prisons. I believe that every offender who is convicted but not sent to prison ought to be required to do some community service and give something back to the community they wronged. I'll be bringing you a bill to require that, and you'll find funds in the budget to begin phasing it in.
And once again, my friends, as I have every one of the past four years, I'm going to be coming with tougher proposals for DUI. I want mandatory jail time, even for first-time offenders. I want to eliminate nolo pleas completely. I want to impound the license plates of those convicted of driving when their license has been suspended for habitual DUI. And finally, for young drivers, I will send you legislation to reduce the legal tolerance for alcohol in the blood of minors under age 21 to zero.
I also want to prohibit young drivers under 18 from driving between one and six in the morning, with appropriate exceptions such as medical emergencies, traveling to or from jobs, or when a parent is with them. And I will push for legislation to require all passengers to wear seatbelts in vehicles driven by teenagers under 18.
Data from the Insurance Institute for Highway Safety indicates that 16-year-olds are eight times more likely to have a vehicle crash than adult drivers. And the cause of those crashes is largely inexperience and errors in judgment. Experts say it takes about two years to learn to drive defensively and become fully aware of how quickly you can lose control. So I believe these limits are appropriate.
My package of crime legislation will also include three bills that address the judicial process. First, I want to set a limit of only one state appeal for criminals who have been sentenced to death.
Many death row cases drag on for 10 years or more, with one appeal after another. We cannot do anything about federal court appeals. But by restricting state death penalty appeals, I believe we can reduce by two-thirds the time between the imposition and imple mentation of the death penalty.
Second, I want to make our bail provisions tougher for those violent criminals who have been arrested and charged with their second strike under the "two strikes" provision.

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Third and very important, I am proposing that we add an assistant district attorney for each of our 46 judicial circuits. They will be advocates for victims' rights, and help to speed up prosecutions and deal with the increased number of trials the "two strikes" legis lation is expected to cause.
Let me say just a few words about a most important issue -- economic development. Last year we created Georgia's BEST -- our Business Expansion Support Team. You re member, this program provides tax incentives both to attract new companies to Georgia and to help existing Georgia businesses expand. And it's working; it's working well.
The value of investments in new manufacturing facilities went up 176 percent last year; expansions increased by 10 percent, and the number of new jobs being created by these investments went up 21 percent.
BEST is an important part of our pro-business climate that promotes this kind of growth. And I'm going to ask for your help to fine-tune this program based on our practical experience, to make BEST even better.
But the main focus of our efforts for the coming year is to make the most of the eco nomic development opportunities presented by the 1996 Olympics.
Make no mistake about it, folks, this is it!! By the time this big budget, before you now reaches its close, the start of the 1996 Olympic Games will literally be only a few days away. It's now or never.
So I am proposing $10 million . . . you heard me right, $10 million for a statewide marketing campaign called "Georgia Global Now" to advertise and promote a powerful im age of Georgia, its products, its tourist locations and its pro-business climate.
We will target influential travelers, who travel the world for business and pleasure and who make or influence business decisions. Granted, we've never done anything like this before, but then we've never had anything like the Olympics before, either.
As I noted at the beginning, Georgia's international trade rose 23 percent last year. But the Olympics give us a great opportunity to do even better. And I want to give Georgia companies the help they need to use this one-in-a-lifetime opportunity to expand their exports.
That's why I want to create a Georgia Export Assistance Center in conjunction with the new Federal Regional Export Assistance Center. It will have a 1-800 phone line, and use the telecommunications network we built for education to also serve businesses all over the state through video conferences and distance learning.
And at the other end of the pipeline, I want to expand our trade representation to new parts of the world. As you probably already know, Georgia has trade representatives in Europe, Japan, Canada, Mexico and Taiwan. I want to expand into the other emerging world markets. And there's $400,000 in the budget for a Georgia trade representative in China, Southeast Asia, India and South Africa.
We have made $167 million in improvements to our ports in the past four years, which are being paid for from port income. And the deepening of the Savannah River channel has eliminated shipping delays caused by low tides and opened the ports to 98 percent of the world's shipping fleet.
As a result, our state port facilities are now moving more than 9 million tons of cargo a year. Savannah's container cargo has increased by 25 percent just since 1990, and it is becoming one of the premier container ports in the United States.
So, to help handle our increasing volume of trade, I am asking you to fund a new container berth at the Garden City port terminal. And to continue to improve our ability to move those goods through the state, another $125 million increment for economic develop ment highways.
We are also continuing to improve our state parks. I especially want to mention Lake Richard Russell. South Carolina has already developed its side of this lake into a tourist attraction, and we want to take advantage of that on the Georgia side.

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You will also notice in the budget that the additional funds generated from hunting and fishing licenses continue to be devoted in their entirety to developing and upgrading public fishing and wildlife management areas. I am also proposing $5 million in bonds to begin River Care 2000. Modeled on Preservation 2000, this program will use public and private funds to protect natural property along our rivers.
The budget has historic preservation funds as well, including the Heritage 2000 pro gram, which provides grants to local communities to help restore historic buildings. His toric sites not only preserve our heritage, but they are also part of our tourism infrastructure.
Our Office of Historic Preservation is doing an outstanding job in operating programs and attracting funds to Georgia. And I have upgraded it to a Division to give this impor tant aspect of our life and heritage the attention it deserves.
Important as all these facilities are however, it is people who, in the words of Carl Sandberg, are the "human reserves that shape history." And in the area of human re sources, we continue our efforts to expand community-based services for emotionally dis turbed children, the elderly, the mentally ill, the mentally retarded and the homeless.
I am also recommending that we continue to expand the well-received and highly suc cessful Family Connection program, which was started with a private grant from the Whitehead Foundation. This program works at the local level to bring together the agen cies that serve at-risk families and coordinate their efforts into a seamless web of support. We now have 55 local programs, and our pre-kindergarten and alternative school programs are tied into them.
I am recommending that we move forward with implementing The Family Connection in the 25 communities that got planning funds last year, and provide 15 new communities with planning funds.
I also want to mention several new health care initiatives. First, the use of advanced computer and communications technology to solve public health emergencies and strengthen public health programs.
The Robert W. Woodruff Foundation has generously given us a grant of more than $5 million to develop an Information Network for Public Health Officials. And I am recom mending the additional $1.5 million it requires.
This innovative, collaborative network will connect all 19 public health districts with state health officials, and with resources like the Medical College of Georgia, the Centers for Disease Control and Emory University's School of Medicine. It will continue and strengthen Georgia's national leadership in using telecommunications technology to up grade medical services.
And second, one of the exciting developments in health care has been the formation of the Georgia Coalition for Health -- a group of Georgia business people, health care provid ers, citizens and government representatives coming together to work out their differences on this important issue.
The resolution of the different perspectives they represent is critical to health care reform. So I have included funds for the Health Policy Center at Georgia State University to serve as the vehicle for this Coalition. They have agreed to take up the recommenda tions of the Health Care Commission in their discussion of how to resolve their differing positions, and I thank them for that.
But in the meantime, I want to move forward with two of the Commission's recommen dations. First, insurance reform legislation to make it easier for Georgia workers and their families to obtain health insurance and maintain it when they change jobs.
And second, a Department of Public Health, to single out from the massive Depart ment of Human Resources those functions that relate to physical health and public health issues. And I am proposing that the board for this new department have a majority of health care professionals on it, and that the commissioner be a medical doctor.

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We've got some departments in state government that are trying to do several different things all at the same time, and consequently not doing them as well as they could be done. We need some reorganization to allow our agencies to focus all of their attention on doing a particular function efficiently and well.
Making government serve citizens better is the reason for a Department of Public Health, and it is also the reason I am proposing a new Department of Motor Vehicles for processing vehicle titles and tags.
I believe that if we take this important function out of the shadow of the Department of Revenue, whose primary responsibility should be the collection of state taxes, we can pro vide better, faster service for the citizens of this state.
And if you also adopt the bill that I will offer to stagger the renewal of tags, we can handle this service quickly and efficiently with a minimum of administrative overhead. I'm getting close to the end. Just a few more important matters.
One of the most important, a 5 per cent pay increase for our dedicated state employees: more than the rate of inflation.
And then I have proposed a resolution calling for a constitutional amendment that will require a referendum on any and all state tax increases.
And yes, I will ask you to pass my bill to remove the sales tax from groceries. It is the fair and right thing to do. If you will pass this bill, next year at this time, I will present to you a budget with $122 million in reduced spending and revenue growth to implement it.
I'll do the same in 1997, with another $125 million. And then again in 1998 with $132 million. And the budget I prepare for 1999 will include the final $141 million to fully imple ment it. And then there will be no state tax on groceries in Georgia. It will not be easy. But we can do it, and Georgia will continue to grow and prosper.
These are the highlights ... I have left out a lot of the details . .. the highlights of the legislative package I will send you. It includes other items, like the legislation required to settle the court suit regarding federal and military retirees and a tougher littering law to encourage Georgia to present a clean face for the Olympics.
This old professor has now lectured for about the length of one class period, and I've barely scratched the surface of this budget, which is the tool that will enable us to achieve the results I've been describing.
But the focal point of it all is and will continue to be improving the education we give our children. And again, I remind you that two-thirds of the increased spending in this budget goes to education. It also continues cracking down on crime, especially violent crime, reducing taxes for our working families, and making government work better for the citizens it serves.
I know that you, regardless of political party, share those goals, and I look forward to working with you over the course of the next 36 days to make Georgia stronger and better for the years ahead.
God bless you. And God bless Georgia.
Senator Perdue of the 18th moved that the Joint Session be now dissolved and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 9:00 A.M. tomorrow.

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Senate Chamber, Atlanta Georgia Friday, January 13, 1995 Fifth Legislative Day
The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd 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 Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 123. By Representative Barnard of the 154th:
A bill to create the Tattnall County Board of Elections and provide that it will succeed to the powers and duties of the election superintendent.
HB 90. By Representatives Buck of the 135th, Baker of the 70th, Birdsong of the 123rd, Orrock of the 56th, Bordeaux of the 151st and others:
A bill to amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization, administration, and enforcement, so as to provide for the refund of certain income taxes to certain retired federal employees; to provide for a short title.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 67. By Senator Farrow of the 54th:
A bill to amend Code Section 47-13-72 of the O.C.G.A., relating to spouses' bene fit coverage under the District Attorneys' Retirement System, so as to provide that members of such retirement system may elect such benefits for a spouse who became a spouse while such member was a member by making such elec tion prior to December 31, 1996, or six months subsequent to such marriage, whichever date is later.
Referred to Committee on Retirement.
SB 71. By Senators Brown of the 26th, Perdue of the 18th, Taylor of the 12th and Ray of the 19th:
A bill to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to capital outlay funds under the "Quality Basic Education Act," so as to provide for State Board of Education policies relating to facilities which are his toric landmarks; to provide for use of capital outlay funds for facilities registered as historic landmarks under certain conditions; to eliminate the scale for local participation relating to facilities which are historic landmarks.
Referred to Committee on Education.

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SB 85. By Senator Henson of the 55th:
A bill to amend Chapter 10 of Title 43 of the O.C.G.A., relating to cosmetolo gists, so as to provide for certain definitions; to provide for the regulation and licensure of electrologists; to change the membership of the State Board of Cos metology to include an electrologist; to provide for creation of an electrologist advisory council; to provide for application for certificates of registration for electrologists.
Referred to Committee on Consumer Affairs.
SB 86. By Senator Farrow of the 54th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the O.C.G.A., relating to general provisions regarding ad valorem taxation of property, so as to provide for the apportionment of ad valorem tax liability with respect to real property purchased during a taxable year.
Referred to Committee on Finance and Public Utilities.
SB 87. By Senator Farrow of the 54th:
A bill to amend Article 1 of Chapter 11 of Title 40 of the O.C.G.A., relating to general provisions relative to abandoned motor vehicles, so as to provide for rea sonable attorney's fees for persons acquiring and foreclosing liens on abandoned motor vehicles; to limit the amount of such fees recoverable; to provide for a hearing in certain instances and for collection of such attorney's fees.
Referred to Committee on Judiciary.
SB 88. By Senators Slotin of the 39th, Harbison of the 15th and Henson of the 55th:
A bill to amend Code Section 48-3-19 of the O.C.G.A., relating to the transfer of tax executions, so as to provide the local governing authority with discretion in determining which tax executions may be transferred.
Referred to Committee on Finance and Public Utilities.
SB 89. By Senators Slotin of the 39th, Harbison of the 15th and Henson of the 55th:
A bill to amend Code Section 48-4-64 of the O.C.G.A., relating to the acquisition and disposal of property by land bank authorities, so as to provide procedures relating to land bank authority acquisition of property at tax sales.
Referred to Committee on Finance and Public Utilities.
SB 90. By Senators Slotin of the 39th, Guhl of the 45th, Newbill of the 56th and Day of the 48th:
A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to certain educational programs under the "Quality Basic Education Act," so as to eliminate the authority of the State Board of Education to provide for food-processing programs; to provide that no state funds appropriated to the Department of Education shall be expended for food-processing programs.
Referred to Committee on Education.

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SB 91. By Senator Dean of the 31st:
A bill to amend Code Section 47-7-100 of the O.C.G.A., relating to pension bene fits payable under the Georgia Firemen's Pension Fund, so as to increase the amount of the monthly pension; to provide conditions for an effective date and automatic repeal.
Referred to Committee on Retirement.
SB 92. By Senators Dean of the 31st and Harbison of the 15th:
A bill to amend Code Section 40-6-226 of the O.C.G.A., relating to offenses and penalties relative to handicapped parking, so as to provide that vehicles bearing license plates designating military veterans awarded the Purple Heart shall be accorded handicapped parking privileges.
Referred to Committee on Defense and Veterans Affairs.
SB 93. By Senators Oliver of the 42nd and Ralston of the 51st:
A bill to amend Code Section 37-3-90 of the O.C.G.A., relating to determination and certification as to involuntary outpatient care and treatment of a patient as an inpatient or outpatient, so as to change the requirements for determining whether a person needs involuntary outpatient care or involuntary inpatient care for mental illness.
Referred to Committee on Health and Human Services.
SB 94. By Senators Oliver of the 42nd and Ralston of the 51st:
A bill to amend Code Section 17-7-130 of the O.C.G.A., relating to proceedings upon a plea of mental incompetency to stand trial, so as to clarify that the pro bate court has jurisdiction over civil commitments of defendants who have pleaded mentally incompetent to stand trial.
Referred to Committee on Judiciary.
SB 95. By Senators Oliver of the 42nd, Farrow of the 54th and Clay of the 37th:
A bill to amend Article 6 of Chapter 7 of Title 31 of the O.C.G.A., relating to peer review groups, so as to provide that evaluating the qualifications and profession al competence of certain professional health care providers is included within the definition of peer review groups; to provide that the members of the gov erning board of a corporation or organization operating a health care facility are included within the definition of professional health care provider.
Referred to Committee on Health and Human Services.
SB 96. By Senator Farrow of the 54th:
A bill to amend Chapter 3 of Title 44 of the O.C.G.A., relating to specialized land transactions, so as to provide for environmental site assessments prior to the auction of certain commercial or industrial facilities; to provide for posting and distribution of site assessment information to provide for the voiding of sales or transfers in the event of noncompliance.
Referred to Committee on Natural Resources.

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SB 97. By Senators Gochenour of the 27th, McGuire of the 30th, Slotin of the 39th and others:
A bill to amend Chapter 5 of Title 28 of the O.C.G.A., relating to financial affairs of the General Assembly, so as to provide for issuance of a housing affordability impact note for any legislation or rule that affects the cost of constructing a residential unit of housing; to provide for contents and requirements for such housing affordability impact notes.
Referred to Committee on Special Judiciary.
SB 98. By Senators Boshears of the 6th, Blitch of the 7th, Ralston of the 51st and Johnson of the 1st:
A bill to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A., relating to issuance, expiration, and renewal of drivers' licenses, so as to require minors to be enrolled in public or private school, home study, or certain other courses of study or to have graduated from high school or received an equivalency diploma or certificate of high school completion as a requirement of issuance of a driver's license.
Referred to Committee on Public Safety.
SB 99. By Senators James of the 35th, Slotin of the 39th, Henson of the 55th and others:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, so as to provide for the application of said Act to the City of East Point; to provide for the procedure in connection therewith.
Referred to Committee on State and Local Governmental Operations.
SB 100. By Senators Henson of the 55th, Tysinger of the 41st, Taylor of the 12th and others:
A bill to amend Article 7 of Chapter 3 of Title 20 of the O.C.G.A., relating to scholarships, loans, and grants, so as to expand the general powers and duties of the Nonpublic Postsecondary Education Commission; to change certain defini tions regarding tuition equalization grants; to include a qualified proprietary institution of higher education located in the state.
Referred to Committee on Higher Education.
SB 101. By Senator Farrow of the 54th:
A bill to amend Code Section 50-14-1 of the O.C.G.A., relating to open and pub lic meetings and actions to contest agency actions, so as to provide that any action contesting a resolution, rule, regulation, ordinance, or other formal action of an agency based on an alleged violation of this provision must be commenced within 90 days of the date such contested action is made public.
Referred to Committee on Ethics.
SR 53. By Senators James of the 35th, Slotin of the 39th, Henson of the 55th and others:
A resolution creating the Senate Eviction Law Study Committee.
Referred to Committee on Rules.

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SR 56. By Senators McGuire of the 30th, Glanton of the 34th, Newbill of the 56th and others:
A resolution amending the Rules of the Senate; to amend Rule 187 to provide for discharge of a bill from a committee.
Referred to Committee on Rules.
SR 57. By Senators Kemp of the 3rd, Hooks of the 14th, Taylor of the 12th and others: A resolution creating the Joint Study Committee on Use of "911" Ambulances.
Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committees:
HB 90. By Representatives Buck of the 135th, Baker of the 70th, Birdsong of the 123rd and others:
A bill to amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization, administration, and enforcement, so as to provide for the refund of certain income taxes to certain retired federal employees; to provide for a short title.
Referred to Committee on Finance and Public Utilities.
HB 123. By Representative Barnard of the 154th: A bill to create the Tattnall County Board of Elections and provide that it will succeed to the powers and duties of the election superintendent.
Referred to Committee on State and Local Governmental Operations.
The following reports of standing committees were read by the Secretary:
Mr. President: The Committee on Corrections, Correctional Institutions and Property has had under
consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 15. Do pass as amended.
Respectfully submitted, Senator Dean of the 31st District, Chairman
Mr. President: The Committee on Natural Resources has had under consideration the following bill
and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 24. Do pass. SR 18. Do pass.
Respectfully submitted, Senator Gillis of the 20th District, Chairman
Senator Gochenour of the 27th asked unanimous consent that Senator McGuire of the 30th be excused from the Senate today due to medical reasons.
The consent was granted and Senator McGuire of the 30th was excused from the Senate today.

FRIDAY, JANUARY 13, 1995

77

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

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

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable Middleton

Those not answering were Senators:

Abernathy Cagle

Cheeks McGuire (excused)

Newbill Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger
Oliver Walker

The following communication was filed with the Secretary:
The State Senate Atlanta, Georgia 30334
January 13, 1995
Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Frank:
Please allow the Journal to reflect my absence of roll call on Friday, January 13, 1995, due to a lengthy telephone call with a constituent from Hall County.
Thank you for this consideration.
Sincerely,
Isl CASEY CAGLE
The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Middleton of the 50th introduced the chaplain of the day, Reverend Frank Colladay, pastor of Dahlonega Presbyterian Church, Dahlonega, Georgia, who offered scripture reading and prayer.

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The following communications were read by the Secretary:
The General Assembly OFFICE OF LEGISLATIVE COUNSEL
316 State Capitol Atlanta, Georgia 30334
(404) 656-5000
January 12, 1995

Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Max:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Johnny Gresham was elected as a member of the State Transportation Board from the Sixth Congressional District. He will serve for a term beginning April 16, 1995, and expiring April 15, 2000. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am
Sincerely yours,
lal Sewell R. Brumby Legislative Counsel

The General Assembly State Capitol Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable Johnny Gresham has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Sixth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1995, and expiring April 15, 2000.
This 12th day of January, 1995.
lei Pierre Howard PRESIDENT OF THE SENATE
IsJ Thomas B. Murphy SPEAKER, HOUSE OF REPRESENTATIVES

FRIDAY, JANUARY 13, 1995

79

The General Assembly OFFICE OF LEGISLATIVE COUNSEL
316 STATE CAPITOL ATLANTA GEORGIA 30334
(404) 656-5000 January 12, 1995
Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334 Dear Max:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Frank C. Pinkston was elected as a member of the State Transportation Board from the Eighth Congressional District. He will serve for a term beginning April 16, 1995, and expiring April 15, 2000. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am
Sincerely yours, /s/ Sewell R. Brumby
Legislative Counsel
The General Assembly State Capitol Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable Frank C. Pinkston has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Eighth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1995, and expiring April 15, 2000.
This 12th day of January, 1995.
/s/ Pierre Howard PRESIDENT OF THE SENATE
/s/ Thomas B. Murphy SPEAKER, HOUSE OF REPRESENTATIVES
The following resolutions were read and adopted:
SR 54. By Senator Broun of the 46th:
A resolution commending Leo Hamilton, Dupont, and others who assisted and participated in the "Carpet for Comfort" project.
SR 55. By Senator Dean of the 31st:
A resolution promoting prenuptial counseling.
Senator Perdue of the 18th moved that, pursuant to HR 18, adopted previously, the Senate stand in recess until 5 P.M. today, and at that time stand adjourned until 10 A.M. Monday, January 23rd; the President announced the motion prevailed.

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Senate Chamber, Atlanta, Georgia Monday, January 23, 1995 Sixth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of the proceedings of Friday, January 13, 1995, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 60. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and Irvin of the 45th:
A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services in the General Assembly, so as to change provi sions relating to the membership of the Legislative Services Committee.
The House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
SR 48. By Senators Ragan of the llth and Turner of the 8th:
A resolution commending Mrs. Nancy Tennyson on being presented the "Com munity Service Award" by the Mental Health Association of Georgia.
SR 50. By Senators Johnson of the 1st and Johnson of the 2nd:
A resolution commending Carl E. "Eddie" Roland on being named Outstanding Professional by the Mental Health Association of Georgia.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 3. By Senator Slotin of the 39th:
A bill to amend Code Section 32-1-3 of the Official Code of Georgia Annotated, relating to definitions relative to highways, bridges, and ferries, so as to provide that the definition of "public road" shall include bicycle paths, rapid transit sys tems, and railroads providing passenger service.
Referred to Committee on Transportation.

MONDAY, JANUARY 23, 1995

81

SB 102. By Senators Gochenour of the 27th, McGuire of the 30th, Newbill of the 56th and others:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus proceedings for persons under sentence of state court of record, so as to require petitions to state claims which have previ ously been raised; to provide a schedule for proceedings in death penalty state habeas corpus cases, including time limits for requesting assistance, filing amendments and motions, and responses to amendments and motions.
Referred to Committee on Judiciary.
SB 103. By Senators Turner of the 8th, Starr of the 44th, Hooks of the 14th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to clarify the intention of the General Assembly; to define and redefine certain terms; to change the restrictions rela tive to the commissioner, deputy commissioners, and examiners; to provide that fees collected by the department shall be deposited with the Office of Treasury and Fiscal Services.
Referred to Committee on Banking and Financial Institutions.
SB 104. By Senators Johnson of the 1st and Johnson of the 2nd:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide that no new commercial fishing boat licenses shall be issued prior to July 1, 1997.
Referred to Committee on Natural Resources.
SB 105. By Senators Land of the 16th and Oliver of the 42nd:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for definitions; to provide for authority of guardians relating to settlement of the claims of minors; to provide for the juris diction of probate judges in appointing guardians and temporary guardians; to provide for bonds of guardians appointed by the probate court.
Referred to Committee on Judiciary.
SB 106. By Senators Scott of the 36th, Isakson of the 21st and Griffin of the 25th:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to pro vide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a firearm; to provide for legislative intent and declara tions; 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.
Referred to Committee on Judiciary.
SB 107. By Senators Scott of the 36th, Henson of the 55th, Slotin of the 39th and others:
A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, the "Litter Control Law," so as to change the amounts of fines which may be imposed for littering; to prohibit local ordinances from fixing penalties for littering which are lower than the penalties specified by state law.
Referred to Committee on State and Local Governmental Operations - General.

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SB 108. By Senators Scott of the 36th, Henson of the 55th, Slotin of the 39th and others:
A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts in general, so as to provide that any municipality may establish an environmental court; to provide for the jurisdic tion of such courts; to provide for the personnel of such courts.
Referred to Committee on Judiciary.
SB 109. By Senators Scott of the 36th, Oliver of the 42nd, Egan of the 40th and others:
A bill to amend Part 2 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Firearms and Weapons Act," so as to provide that it shall be unlawful to purchase more than one handgun within a 30 day period; to define a certain term; to provide exceptions; to provide a penalty.
Referred to Committee on Judiciary.
S3 110. By Senators Madden of the 47th, Broun of the 46th, Ray of the 19th and others:
A bill to amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, so as to provide that the victim of a crime and the immediate family of the victim shall have the right to be present in court at judicial proceedings; to provide that upon motion, or upon its own motion, the court may determine the order of testimony of witnesses where necessary to provide a fair trial.
Referred to Committee on Special Judiciary.
SB 111. By Senators Middleton of the 50th, Edge of the 28th, Madden of the 47th, Cagle of the 49th 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 redefine the term "vessel"; to create the crimes of homicide by vessel, feticide by vessel, and com mitting said crimes.
Referred to Committee on Natural Resources.
SB 112. By Senators Hooks of the 14th, Walker of the 22nd, Turner of the 8th and others:
A bill to amend Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to fraud in obtaining and wrongful receipt of public assistance and ben efits, so as to change provisions relating to definitions of criminal offenses and penalties; to specifically provide that it shall be a criminal offense for any person to accept assistance and benefits with the knowledge that he or she is not eligi ble for such assistance or benefits.
Referred to Committee on Health and Human Services.
SB 113. By Senators Perdue of the 18th, Hooks of the 14th, Ray of the 19th and Marable of the 52nd:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus proceedings involving persons under sen tence from a state court of record, so as to provide time limits within which courts must hear and rule on habeas corpus filings; to provide for related mat ters; to provide for an effective date and for applicability.
Referred to Committee on Judiciary.

MONDAY, JANUARY 23, 1995

83

SB 114. By Senators Hill of the 4th, Kemp of the 3rd, Thomas of the 10th and Marable of the 52nd:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide for an additional penalty in certain criminal cases; to provide for the use of funds derived from such penalties for local victim assistance programs; to provide for approval of programs by the Criminal Justice Coordinating Council.
Referred to Committee on Special Judiciary.
SB 115. By Senators Oliver of the 42nd, Scott of the 36th and Thompson of the 33rd:
A bill to amend Code Section 19-13-32 of the Official Code of Georgia Annotated, relating to membership of the State Commission on Family Violence, so as to change the entities represented by membership on the commission.
Referred to Committee on Judiciary.
SB 116. By Senators Hooks of the 14th, Taylor of the 12th, Bowen of the 13th and others:
A bill to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair trade practices, so as to provide for additional civil penalties and civil remedies for violations committed in connec tion with the sale of supplies for or repair of structures damaged in natural disasters; to define terms; to prescribe activities covered.
Referred to Committee on Special Judiciary.
SB 117. By Senators Ray of the 19th, Thompson of the 33rd, Brown of the 26th and others:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of superior court clerks, so as to change the amount of fees charged in family violence cases; to provide that the fees so specified shall be inclusive of all amounts provided for in other laws, except for costs for service of process; to provide for other related matters; to provide for an effective date and applicability.
Referred to Committee on Judiciary.
SB 118. By Senators Perdue of the 18th, Dean of the 31st, Hill of the 4th and others:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide for a zero tolerance for drivers under the age of 21.
Referred to Committee on Special Judiciary.
SB 119. By Senators Walker of the 22nd, Marable of the 52nd, Henson of the 55th and others:
A bill to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide that children included in grants of public assistance must attend school; to provide for definitions; to provide for the circumstances which constitute school attendance; to provide for verification of enrollment and school attendance; to require school systems to provide school attendance information; to provide for exceptions to the school attendance re quirements.
Referred to Committee on Health and Human Services.

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SB 120. By Senators Marable of the 52nd, Scott of the 36th, Oliver of the 42nd and others:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to provide for the consideration of the safety of the child and of a parent who has been the victim of family violence in proceedings in which child custody or parental visitation is an issue if the court has made a finding of family vio lence.
Referred to Committee on Judiciary.
SB 121. By Senators Pollard of the 24th, Clay of the 37th, James of the 35th and others:
A bill to amend Code Section 40-6-391.1 of the Official Code of Georgia Annotat ed, relating to acceptance of a plea of nolo contendere to a charge of driving under the influence, so as to eliminate the plea of nolo contendere to the charge of driving under the influence.
Referred to Committee on Special Judiciary.
SB 123. 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 commissioner; to pro vide for activation of such housing authorities; to provide for an appointing au thority and proposed area of operation.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 124. By Senators Farrow of the 54th, McGuire of the 30th, Land of the 16th and Glanton of the 34th:
A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to hearsay, so as to provide that certain statements made by a child to another shall be admissible through the testimony of such other person under certain circumstances.
Referred to Committee on Judiciary.
SB 125. By Senator Edge of the 28th:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to the control and management of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide stricter guidelines governing the sale of contact lenses.
Referred to Committee on Health and Human Services.
SB 126. By Senators Hill of the 4th, Bowen of the 13th, Perdue of the 18th and Taylor of the 12th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to impose certain conditions, limitations, and restric tions upon the exercise of the constitutional powers granted to counties and mu nicipalities to enter into contracts for regional facilities; to require approval of such contracts by the boards of regional development centers; to require public hearings and public notices prior to the adoption of such contracts.
Referred to Committee on State and Local Governmental Operations - General.

MONDAY, JANUARY 23, 1995

85

SB 127. By Senator Thompson of the 33rd:
A bill to amend Article 3 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to security interests in and liens on motor vehicles, so as to provide that in the case of a motor vehicle or trailer, a transaction shall not create a sales or security interest because it provides that the rental price is permitted or required to be adjusted under the agreement by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer.
Referred to Committee on Special Judiciary.
SB 128. By Senator Tysinger of the 41st:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the general provisions relating to the General Assembly, so as to authorize the General Assembly to introduce, consider, and enact jointly spon sored bills and resolutions; to provide for the manner of introducing and acting upon such bills; to provide an effective date.
Referred to Committee on Rules.
SB 129. By Senators Thompson of the 33rd and Hill of the 4th:
A bill to amend Code Section 33-9-43 of the Official Code of Georgia Annotated, relating to reduction in motor vehicle insurance premiums for certain named drivers under age 25, so as to remove the requirement that otherwise qualified students must be in their junior or senior year of high school to qualify for such premium reduction.
Referred to Committee on Insurance and Labor.
SR 60. By Senators Farrow of the 54th, Cheeks of the 23rd, Thompson of the 33rd and others:
A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process and the referendum process, general statutes and amendments to the Constitution; to provide procedures and restrictions con nected therewith; to provide exceptions; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.
SR 61. By Senators Hooks of the 14th, Starr of the 44th, Gillis of the 20th, Dean of the 31st and others:
A resolution proposing an amendment to the Constitution so as to provide that no general bill providing for or increasing any tax, fee, assessment, or charge by whatever designation that is imposed for state purposes shall become law unless such bill is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Finance and Public Utilities.

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SR 63. By Senators Thompson of the 33rd, Hooks of the 14th, Perdue of the 18th and Hill of the 4th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the creation of the enterprise zones for certain tax treatment purposes; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Finance and Public Utilities.
SR 64. By Senators Thompson of the 33rd, Hooks of the 14th, Perdue of the 18th and Hill of the 4th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation of enterprise zones by counties or municipalities; to provide for exemptions, credits, or reductions of taxes, or any combination thereof, within such zones with respect to taxes levied by a county or municipality; to provide for limitations and requirements; to pro vide for the submission of this amendment for ratification or rejection.
Referred to Committee on Finance and Public Utilities.
SR 66. By Senators Isakson of the 21st, Clay of the 37th, Edge of the 28th and Gochenour of the 27th:
A resolution proposing an amendment to the Constitution so as to reserve to the people of the state the power to propose laws and to enact or reject the same; to provide procedures and restrictions connected therewith; to provide for the sub mission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.
The following bill of the House was read the first time and referred to committee:

HB 60. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and Irvin of the 45th:

A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services in the General Assembly, so as to change provi sions relating to the membership of the Legislative Services Committee.

Referred to Committee on Rules.

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

SB 15

SB 24

SR 18

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

Balfour Black Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton
Cagle Cheeks Clay

Crotts Day Dean Edge Egan
Farrow Gillis Glanton
Gochenour Griffin Guhl

Harbison Henson Hill Hooks Isakson
James Johnson of 2nd Johnson of 1st
Kemp Land Langford

MONDAY, JANUARY 23, 1995

87

Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard

Ragan Ralston Ray Scott Slotin Starr Stokes

Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Not answering was Senator Abernathy.

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Isakson of the 21st introduced the chaplain of the day, Reverend Clay Jacobs, Pastor of Mount Zion United Methodist Church, Marietta, Georgia, who offered scripture reading and prayer.
Senator Ralston of the 51st introduced the doctor of the day, Dr. Ray Parrish, Blue Ridge, Georgia, who addressed the Senate briefly.

The following resolutions were read and adopted:

SR 58. By Senator Hooks of the 14th: A resolution commending Judge J. W. Southwell.

SR 59. By Senator Hooks of the 14th:
A resolution commending Massee Lane Gardens and the members of the Ameri can Camellia Society.

SR 62. By Senators Ragan of the llth and Turner of the 8th: A resolution commending the Brooks County Trojan High School Football Team.

SR 65. By Senator Ray of the 19th:
A resolution commending Walter LeRoy Burnham.
Senator Oliver of the 42nd moved that the following bill of the Senate be withdrawn from the Senate Committee on Health and Human Services and committed to the Senate Committee on Judiciary:

SB 95. By Senators Oliver of the 42nd, Farrow of the 54th and Clay of the 37th:
A bill to amend Article 6 of Chapter 7 of Title 31 of the O.C.G.A., relating to peer review groups, so as to provide that evaluating the qualifications and profession al competence of certain professional health care providers is included within the definition of peer review groups; to provide that the members of the gov erning board of a corporation or organization operating a health care facility are included within the definition of professional health care provider.
On the motion, the yeas were 40, nays 0.
The motion prevailed and SB 95 was withdrawn from the Senate Committee on Health and Human Services, and committed to the Senate Committee on Judiciary.
Senator Perdue of the 18th moved that the Senate do now adjourn until 10:00 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 10:50 A.M.

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Senate Chamber, Atlanta, Georgia Tuesday, January 24, 1995 Seventh Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd 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 Jour nal was confirmed.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 130. By Senators Kemp of the 3rd, Hooks of the 14th, Taylor of the 12th and others:
A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to prohibit the sale or offer for sale of a child by any parent or guardian of a child; to provide for penalties and exceptions.
Referred to Committee on Health and Human Services.
SB 131. By Senators Walker of the 22nd, Stokes of the 43rd, Thomas of the 10th and others:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to make it unlawful for any person to broadcast, print, or publish the contents of any unlawfully intercepted communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone; to provide penalties.
Referred to Committee on Judiciary.
SB 132. By Senator Broun of the 46th:
A bill to amend Code Section 36-62-5 of the Official Code of Georgia Annotated, relating to directors of development authorities, so as to eliminate the prohibi tion against directors being officers or employees of a county or municipal corpo ration.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 133. By Senators Henson of the 55th, Thomas of the 10th, Stokes of the 43rd and others:
A bill to enumerate instances of proper and improper political activity for em ployees of the state in the classified service and to provide for exceptions; to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, in order to repeal an existing statutory pro hibition against certain political contributions by employees of such depart ment; to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles.
Referred to Committee on Ethics.

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SB 134. By Senator Dean of the 31st:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to powers of municipal corporations, so as to provide for service and enforcement of any process, summons, notice, or order of a municipal corpora tion on all persons residing within and without the corporate limits of the issu ing municipal corporation.
Referred to Committee on Corrections, Correctional Institutions and Property.
SB 135. By Senator Broun of the 46th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide electors the opportunity to vote in the same or a different political party primary for state, local, or municipal elections and national elections; to provide for related changes in ballot format.
Referred to Committee on Ethics.
SB 136. By Senator Broun of the 46th:
A bill to amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recording of deeds and other instruments, so as to pro vide for the inclusion of a property tax map and parcel number on deeds in order to facilitate the construction and interpretation of recorded deeds; to provide for related matters; to provide for an effective date and for applicability.
Referred to Committee on Special Judiciary.
SB 137. By Senators Perdue of the 18th, Tysinger of the 41st, Oliver of the 42nd and others:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service and regulation of such service, so as to provide for an alternative system of regulation of telecommunications service; to provide for a short title; to provide for legislative findings and intent; to define terms; to provide for the conditions under which such alternative system of reg ulation shall be established; to provide for fair competition and consumer pro tection in the local exchange.
Referred to Committee on Finance and Public Utilities.
SB 138. By Senators Pollard of the 24th and Cheeks of the 23rd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the provisions re lating to reinstatement of business and nonprofit corporations following admin istrative dissolution.
Referred to Committee on Special Judiciary.
SB 139. By Senators McGuire of the 30th, Gochenour of the 27th, Glanton of the 34th and others:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to pro vide that notice of the board's action shall be a public record; to provide that the board's determinations shall be public documents.
Referred to Committee on Corrections, Correctional Institutions and Property.

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SB 140. By Senators Langford of the 29th, Madden of the 47th and Perdue of the 18th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the definitions of the offenses of stat utory rape, child molestation, and enticing a child for indecent purposes.
Referred to Committee on Judiciary.
SB 141. By Senators Langford of the 29th, Thompson of the 33rd and Madden of the 47th:
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 expand the number of per sons who may be appointed judge pro tempore of the juvenile court.
Referred to Committee on Special Judiciary.
SB 142. By Senators Langford of the 29th, Madden of the 47th and Ray of the 19th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to revise conditions relative to the placement of surplus line insurance; to revise penalties for violations by surplus line brokers; to allow surplus line insurance to be placed with certain groups containing cor porate underwriters under certain conditions; to allow credit for reinsurance ceded to groups of incorporated and individual unincorporated underwriters.
Referred to Committee on Insurance and Labor.
SB 143. By Senators Thomas of the 10th, Oliver of the 42nd, Marable of the 52nd and Hill of the 4th:
A bill to amend Code Section 29-5-8 of the Official Code of Georgia Annotated, relating to the appointment of emergency guardians, so as to authorize the ap pointment of an emergency guardian in certain circumstances requiring admis sion to or services by a hospital or nursing home; to provide for certain duties of an emergency guardian in giving consent to surgical or medical procedures.
Referred to Committee on Judiciary.
SB 144. By Senators Thomas of the 10th, Oliver of the 42nd, Marable of the 52nd and Hill of the 4th:
A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and the nature of an agency relationship, so as to condition the effectiveness of a power of attorney upon the execution of a letter of acceptance by the attorney in fact; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the supe rior courts, so as to authorize the recordation of powers of attorney.
Referred to Committee on Judiciary.
SB 145. By Senators Oliver of the 42nd, Hill of the 4th, Marable of the 52nd and Thomas of the 10th:
A bill to amend Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to agency, so as to provide a statutory form for financial power of attor ney; to provide that such form is not the exclusive method for creating such an agency; to provide an explanation for principals.
Referred to Committee on Judiciary.

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91

SB 146. By Senators Oliver of the 42nd, Hill of the 4th, Marable of the 52nd and Thomas of the 10th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to remove advanced age as a criterion for incapacity.
Referred to Committee on Judiciary.
SB 147. By Senators Oliver of the 42nd, Hill of the 4th, Marable of the 52nd and Thomas of the 10th:
A bill to amend Chapters 1 and 5 of Title 29 of the Official Code of Georgia Annotated, relating respectively to general provisions relative to guardians and guardians of incapacitated adults, so as to prohibit the same person from being appointed counsel and guardian ad litem for a ward, proposed ward, or allegedly incompetent or incapacitated person; to strike provisions relating to payment of a person who serves both functions for a ward, proposed ward, or allegedly inca pacitated or incompetent person.
Referred to Committee on Judiciary.
SB 148. By Senators Griffin of the 25th, Scott of the 36th, Johnson of the 2nd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the date for notice of a write-in candidacy for state, county, and municipal elections; to provide for advertisement of write-in candi dacy in a state election in each newspaper of general circulation in the geo graphic area encompassing electors qualified to vote for the office the candidate is seeking.
Referred to Committee on Ethics.
SB 149. By Senators Griffin of the 25th, Johnson of the 2nd, Walker of the 22nd and others:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to retirement allowances; to provide that certain members with at least 33 years of service shall be eligible to retire forthwith and upon retirement shall be paid not less than the service retirement allowance which would have been payable upon service retirement at the age of 65 had such members continued in service without further change in compensation.
Referred to Committee on Retirement.
SB 150. By Senators Griffin of the 25th, Walker of the 22nd, James of the 35th and others:
A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to the organization of the executive branch generally, so as to specify certain procedures which must be complied with prior to certain relocations of the operations of state agencies.
Referred to Committee on State and Local Governmental Operations - General.

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SB 151. By Senators Newbill of the 56th and Pollard of the 24th:
A bill to amend Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to procedure upon notice of motor vehicle insurance cancellation, so as to provide that failure of an insurer to provide notice of cancellation to the De partment of Public Safety shall not invalidate an otherwise valid cancellation.
Referred to Committee on Insurance and Labor.
SB 152. By Senators Newbill of the 56th and Pollard of the 24th:
A bill to amend Code Section 33-2-24 of the Official Code of Georgia Annotated, relating to enforcement of insurance laws, rules, regulations, and orders, so as to change the conditions under which the Insurance Commissioner may impose monetary penalties for violations; to provide that a violation must be accompa nied by certain aggravating factors in order for a monetary penalty to be im posed on an insurer, agent, broker, counselor, solicitor, or adjuster.
Referred to Committee on Insurance and Labor.
SB 153. By Senators Clay of the 37th and Burton of the 5th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," so as to require certain dis closures of information to any person or entity purchasing or leasing a motor vehicle from a used motor vehicle dealer; to require the maintenance of certain records and provide for the inspection thereof.
Referred to Committee on Consumer Affairs.
SB 154. By Senators Clay of the 37th, Burton of the 5th, Land of the 16th and others:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to require the Department of Corrections to provide an Alcohol or Drug Use Risk Reduction Program; to provide that the program shall be made available to certain inmates; to provide that an inmate who was under the influence of alcohol or drugs shall not be considered for parole until such inmate has successfully completed an Alcohol or Drug Use Risk Reduction Pro gram.
Referred to Committee on Corrections, Correctional Institutions and Property.
SB 155. By Senators Clay of the 37th, Edge of the 28th, Cagle of the 49th and others:
A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that funds remitted pursuant to such Act shall be disbursed on an annual basis to the Georgia Public Safety Training Center and the Georgia Peace Officer Standards and Training Council; to establish the percentage of such disbursement.
Referred to Committee on Public Safety.

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93

SB 156. By Senators Clay of the 37th, Edge of the 28th, Cagle of the 49th and others:
Abill 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 public access to certain juvenile court hearings and records; to provide for fingerprinting and photographing of juveniles; to provide for the sharing and use of information on juvenile arrests and court proceedings between appropriate public and school agencies.
Referred to Committee on Special Judiciary.
SB 157. By Senators Clay of the 37th, Burton of the 5th and Boshears of the 6th:
A bill to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to provide that judges may order any person who has committed family violence to participate in a domestic violence inter vention program; to provide for the contents and cost of such programs; to pro vide for monitoring of such offenders by the court.
Referred to Committee on Judiciary.
SB 158. By Senators Clay of the 37th, Edge of the 28th, Cagle of the 49th and others:
A bill to amend Code Section 50-27-3 of the Official Code of Georgia Annotated, relating to definitions used in the "Georgia Lottery for Education Act," so as to redefine educational purposes and programs to include the attendance of insti tutions which provide continuing education services to persons who were or would have been eligible for special education.
Referred to Committee on Higher Education.
SB 159. By Senators Clay of the 37th, Burton of the 5th and Boshears of the 6th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions applicable to public health and morals and various offenses against public health and morals, so as to change the defi nition of the offense of contributing to the delinquency, unruliness, or depriva tion of a minor.
Referred to Committee on Special Judiciary.
SB 160. By Senators Clay of the 37th, Edge of the 28th, Land of the 16th and others:
A bill to amend Code Section 17-7-130 of the Official Code of Georgia Annotated, relating to procedures upon a person's plea of mental incompetency to stand trial, so as to provide certain additional procedures for the handling of persons found to be mentally incompetent; to provide for related matters; to provide for an effective date and applicability.
Referred to Committee on Special Judiciary.
SB 161. By Senators Clay of the 37th and Thompson of the 33rd:
A bill to amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedures for disposition of property no longer needed for public road purposes, so as to change the provisions relating to the disposition of prop erty for which the right of acquisition has not been exercised; to provide that a county or municipality may sell property by listing the property through real estate brokers.
Referred to Committee on Finance and Public Utilities.

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SB 162. By Senator Dean of the 31st:
A bill to amend an Act creating the office of Tax Commissioner of Polk County, as amended, so as to change the compensation of the tax commissioner.
Referred to Committee on State and Local Governmental Operations.
SB 163. By Senator Pollard of the 24th:
A bill to amend Code Section 47-7-40 of the Official Code of Georgia Annotated, relating to eligibility to apply for membership in the Georgia Firemen's Pension Fund, so as to provide that any member of the fund, who first became a member of the fund prior to July 1, 1996, may also be a member of the Peace Officers' Annuity and Benefit Fund; to provide a definition; to provide that any person who applies for membership in the fund on or after such date shall not be eligi ble for membership.
Referred to Committee on Retirement.
SB 164. By Senator Cheeks of the 23rd:
A bill to amend an Act entitled "An Act to provide a homestead exemption from all Richmond County School District ad valorem taxes for educational purposes for certain residents" so as to provide that such exemption shall apply to each resident age 65 and over regardless of the amount of such person's income; to provide for a referendum, applicable date, and automatic repeal.
Referred to Committee on State and Local Governmental Operations.
SB 165. by Senators Cheeks of the 23rd, Thompson of the 33rd, Clay of the 37th, Harbison of the 15th and others:
A bill to amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding companies, so as to provide for legislative findings and intent; to revise and de lete certain definitions; to revise provisions relative to the management of branch banks; to revise provisions relative to the establishment of branch banks within groups of counties whose outer boundary does not include any county of less than 100,000.
Referred to Committee on Banking and Financial Institutions.
SB 166. By Senator Middleton of the 50th:
A bill to amend an Act providing for the election of members of the Board of Education of Lumpkin County so as to reapportion and change the provisions relating to the districts for the election of members of the board of education; to provide for submission of this Act for approval or rejection.
Referred to Committee on State and Local Governmental Operations.
SB 167. By Senator Middleton of the 50th:
A bill to create the Board of Commissioners of Lumpkin County; to provide for continuation of certain obligations and liabilities; to provide for a chairperson and four additional members; to provide for elections and terms of office; to pro vide for qualifications; to provide for commissioner districts; to provide for the appointment'of a clerk; to provide for a county manager; to provide for filling of vacancies; to provide for oaths of office and surety bonds.
Referred to Committee on State and Local Governmental Operations.

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SB 168. By Senator Egan of the 40th:
A bill to amend Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions relative to contracts, so as to provide that written contractual provisions which waive the right to a jury trial of a dispute based on or arising from the contract or which agree to alternative means of resolving disputes arising out of the contract, or which do both, are valid and enforceable; to provide for legislative findings and intent.
Referred to Committee on Special Judiciary.
SB 169. By Senator Egan of the 40th:
A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to outdoor advertising along the state highway sys tem, so as to provide that the Department of Transportation shall not allow or undertake the removal, trimming, cutting, clearance, or alteration of any trees or vegetation on the state's rights of way to improve the visibility of any outdoor advertising sign.
Referred to Committee on Transportation.
SB 170. By Senator Egan of the 40th:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exemptions from public disclosure of certain records, so as to add limited restrictions on the disclosure of the location and character of certain historic properties and the location of sensitive natural habitats on private or public land and site specific information relating to the occurrence of rare spe cies of plants or animals.
Referred to Committee on Natural Resources.
SB 171. By Senator Black of the 53rd:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide that a person shall be justified in the use of deadly force to protect himself or herself or a third person from unlawful force, to prevent an imminent theft, or to prevent the commission of a forcible felony; to provide that every head of a household in this state shall be required to main tain at least one firearm with ammunition in his or her residence.
Referred to Committee on Special Judiciary.
SR 67. By Senator Ralston of the 51st:
A resolution designating the Robert L. Brown Bridge.
Referred to Committee on Transportation.
SR 68. By Senator Burton of the 5th:
A resolution creating the Senate Study Committee on Medicaid Discrimination in Nursing Home Admissions.
Referred to Committee on Rules.
SR 69. By Senators Henson of the 55th and Stokes of the 43rd:
A resolution creating the Senate Pain Management Study Committee.
Referred to Committee on Rules.

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SR 71. By Senators Crotts of the 17th, Newbill of the 56th, Edge of the 28th and others:
A resolution inviting the members of the Georgia congressional delegation to appear before the Georgia General Assembly to explain each measure requiring unfunded federal mandates imposed upon the states and to discuss measures to address the problem of such mandates.
Referred to Committee on Special Judiciary.
SR 77. By Senators Marable of the 52nd, Oliver of the 42nd, Hill of the 4th and Thomas of the 10th:
A resolution creating the Joint Guardianship Study Committee.
Referred to Committee on Rules.
SR 78. By Senators Balfour of the 9th, Edge of the 28th, Cagle of the 49th and others:
A resolution proposing an amendment to the Constitution so as to provide that no general bill providing for or increasing any tax, fee, assessment, or charge by whatever designation that is imposed for state purposes shall become law unless such bill is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Finance and Public Utilities.
The following reports of standing committees were read by the Secretary:
Mr. President: The Committee on Consumer Affairs has had under consideration the following bill of
the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 85. Do pass.
Respectfully submitted, Senator Henson of the 55th District, Chairman
Mr. President: The Committee on Defense and Veterans Affairs has had under consideration the fol
lowing bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 25. Do pass. SR 37. Do pass.
Respectfully submitted, Senator Harbison of the 15th District, Chairman
Mr. President: The Committee on Insurance and Labor has had under consideration the following
bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 17. Do pass. SB 23. Do pass.

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SB 45. Do pass.

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

Mr. President: The Committee on State and Local Governmental Operations has had under consider
ation the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
SB 123. Do pass.
Respectfully submitted, Senator Thomas of the 10th District, Chairman

The President called for the morning roll call. The electronic voting machine malfunc tioned; therefore, the Secretary called the roll and the following Senators answered to their names:

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

Glanton Gochenour Griffin Guhl Harbison Heuson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Day of the 48th introduced the chaplain of the day, Pastor David Grubbs, pas tor of Calvary Chapel North, Gumming, Georgia, who offered scripture reading and prayer.
Senator Egan of the 40th introduced the doctor of the day, Dr. Gwynne T. Brunt, Jr., Atlanta, Georgia.

The following resolutions were read and adopted:

SR 70. By Senators Clay of the 37th, Newbill of the 56th, Edge of the 28th and others:
A resolution urging the Department of Education to develop a plan to reduce the student-teacher ratio in grades K-12 in the public schools of this state.

SR 72. By Senator Dean of the 31st: A resolution recognizing and expressing appreciation to Reverend Grady Kines.

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SR 73. By Senator Dean of the 31st: A resolution recognizing and expressing appreciation to Pastor Clifford Chan dler.
SR 74. By Senator Dean of the 31st: A resolution recognizing and expressing appreciation to the Reverend Lawrence G. Garrett.
SR 75. By Senator Dean of the 31st: A resolution recognizing the month of May, 1995, as "Motorcycle Awareness and You Month" in Georgia.
SR 76. By Senators Perdue of the 18th, Hill of the 4th, Turner of the 8th and others: A resolution commending the Board of Regents of the University System of Georgia and the Board of Technical and Adult Education for their efforts in forg ing a bridge between the technical institutes and the university system so that students can use both to meet their personal educational goals.
SR 79. By Senators Hill of the 4th, Bowen of the 13th, Taylor of the 12th and others: A resolution commending Corporal Arvid J. Edwards.
SR 80. By Senators Hill of the 4th, Bowen of the 13th, Taylor of the 12th and others: A resolution commending Colonel Russell Baker,
SR 81. By Senator Ray of the 19th: A resolution commending Marie Farris.
SR 82. By Senators Oliver of the 42nd, Broun of the 46th and Tysinger of the 41st: A resolution commending the members of the Silver-Haired Legislature.
SR 83. By Senator Edge of the 28th: A resolution recognizing and commending Cindy D. Lester.
The following local, uncontested bill of the House, having been favorably reported by the committee as listed on the Senate Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR Tuesday, January 24, 1995
SEVENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 123 Hill, 4th TATTNALL COUNTY To create the Tattnall County Board of Elections and provide that it will succeed to the powers and duties of the election superintendent and for other purposes.
The report of the committee which was favorable to the passage of the bill as reported, was agreed to.

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99

On the passage of the bill on the Senate Local Consent Calendar, a roll call was taken. The electronic voting machine malfunctioned; therefore, the Secretary called the roll, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

On the passage of the local bill, the yeas were 56, nays 0.
The bill on the Senate Local Consent Calendar, having received the requisite constitu tional majority, was passed.

SENATE CALENDAR
Tuesday, January 24, 1995 SEVENTH LEGISLATIVE DAY

SB 15 Complaints Against Law Enforcement--receipt and processing (Amendment) (Corr--19th)
SB 24 Eminent Domain--use by petroleum pipelines (Nat R--14th)
SR 18 Etowah Mounds Historic Site--Department of Natural Resources erect com memorative marker (Nat R--31st)
The following general bills were read the third time and put upon their passage:

SB 15. By Senators Ray of the 19th and Marable of the 52nd:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for the establishment of professional criteria for the receipt and processing of complaints against law enforcement officers; to define certain terms.
The Senate Committee on Corrections, Correctional Institutions and Property offered the following amendment:
Amend SB 15 by striking the word "officer" on line 31 of page 1 and inserting in lieu thereof the following:
"officer which is likely to lead to dismissal, demotion, suspension without pay, or transfer for punitive reasons".

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Senator Dean of the 31st moved that SB 15 be committed to the Senate Committee on Corrections, Correctional Institutions and Property.
On the motion, the yeas were 43, nays 0; the motion prevailed, and SB 15 was commit ted to the Senate Committee on Corrections, Correctional Institutions and Property.
The Calendar was resumed.

SB 24. By Senators Hooks of the 14th, Ray of the 19th, Ragan of the llth and others:
A bill to amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for special purposes, so as to repeal the existing grant of the right of eminent domain to petroleum pipe line companies; to provide for legislative findings; to provide for definitions; to provide for conditions and restrictions on the use of eminent domain by petrole um pipelines.

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

On the passage of the bill, a roll call was taken. The electronic voting machine mal functioned; therefore, the Secretary called the roll, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Glanton
Gochenour
Griffin Guhl
Harbison
Henson Hill
Hooks Isakson James
Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton
Newbill
Oliver Perdue
Pollard
Ragan Ralston
Ray Scott Slotin
Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Not voting was Senator Walker.

On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed.

The following resolution was put upon its adoption:

SR 18. By Senator Dean of the 31st:
A resolution commending the Henry Tumlin family regarding the Etowah Mounds State Historic Site and authorizing the Georgia Department of Natural Resources to erect and maintain a suitable commemorative marker.
The report of the committee which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the yeas were 42, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

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The following resolution was read and adopted:
SR 89. By Senators Gillis of the 20th and Griffin of the 25th:
A resolution commending the Washington County Golden Hawks football team.
Senator Gillis of the 20th introduced the Washington County Golden Hawks football team and its coaches.
Senators Bowen of the 13th and Ragan of the llth introduced the Colquitt County High School football team and its coaches, having been commended by SR 10, adopted previously.
Senator Perdue of the 18th moved that the Senate do now adjourn until 10:00 A.M. tomorrow: the motion prevailed, and the President announced the Senate adjourned at 11:40 A.M.

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Senate Chamber, Atlanta, Georgia Wednesday, January 25, 1995 Eighth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd 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 Jour nal 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 210. By Representative Hudson of the 156th:
A bill to amend an Act creating the board of commissioners of Irwin County, so as to change provisions relating to the salary of the chairman of the board of commissioners.
HB 272. By Representative Channell of the lllth:
A bill to amend an Act creating the Board of Commissioners of Greene County, so as to change the composition of the districts from which the members of the board are elected.
HB 275. By Representative Channell of the lllth:
A bill to amend an Act creating the Board of Education of Greene County, so as to change the composition of the districts from which the members of the board are elected.
SB 39. By Senator Madden of the 47th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Banks 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 40. By Senator Madden of the 47th:
A bill to provide for the nonpartisan nomination and election of the chief magis trate of the Magistrate Court of Banks 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.
HB 155. By Representatives Cox of the 160th, Martin of the 47th and Dobbs of the 92nd:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youths, so as to change the provisions relating to definitions; to change the provisions relating to the inves tigation of child abuse reports and the reports regarding such investigation.

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The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 172. By Senators Kemp of the 3rd, Hooks of the 14th, Taylor of the 12th and others:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, so as to provide that a person who is a witness to an event or occurrence that he or she knows or reasonably should know is a crime or who has personal knowledge of facts that he or she knows or reasonably should know may require that person to be called as a witness in a criminal prosecution is prohibited from accepting or receiving any money.
Referred to Committee on Special Judiciary.
SB 173. By Senators Clay of the 37th and Newbill of the 56th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to allow county and in dependent school systems to deduct up to 2 mills from local fair share funds under certain circumstances.
Referred to Committee on Education.
SB 174. By Senators Clay of the 37th and Newbill of the 56th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to provide an alternative method of calculating the local fair share for certain county and independent school systems in certain circumstances.
Referred to Committee on Education.
SB 175. By Senators Clay of the 37th and Newbill of the 56th:
A bill to amend Code Section 20-2-162 of the Official Code of Georgia Annotated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to the program adjustment amount for training and experience.
Referred to Committee on Education.
SB 176. By Senator Middleton of the 50th:
A bill to create the Board of Commissioners of Dawson County; to provide for continuation of certain obligations and liabilities; to provide for a chairperson and four additional members; to provide for elections and terms of office; to pro vide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk.
Referred to Committee on State and Local Governmental Operations.
SB 177. By Senator Middleton of the 50th:
A bill to amend an Act providing for an elected Board of Education of Dawson County, as amended, so as to change the number of and reapportion the educa tion districts for the election of members of the board of education; to provide for the manner of electing members of the board of education; to provide for submis sion of this Act.
Referred to Committee on State and Local Governmental Operations.

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SB 178. By Senators Boshears of the 6th, Blitch of the 7th, Kemp of the 3rd and Egan of the 40th:
A bill to amend Code Section 12-3-243 of the Official Code of Georgia Annotated, relating to subdivision, improvement, lease, or sale of Jekyll Island by the Jekyll Island-State Park Authority, so as to change the provisions relating to the pow er of the Jekyll Island-State Park Authority to subdivide, improve, lease, or sell the land area of Jekyll Island; to restrict certain activities on, over, or within 65 percent of the land area of Jekyll Island which lies above water at mean high tide.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 179. By Senators Farrow of the 54th and Black of the 53rd:
A bill to amend Code Section 44-3-134 of the Official Code of Georgia Annotated, relating to registration of dealers and cemeteries, perpetual care cemetery trust funds, nonperpetual care cemeteries, and preneed escrow accounts, so as to pro vide that certain property may be operated as a nonperpetual care cemetery; to provide for practices, procedures, and requirements related thereto.
Referred to Committee on Consumer Affairs.
SB 180. By Senators Farrow of the 54th and Clay of the 37th:
A bill to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury in general, so as to change the provi sions relating to interest on judgements; to provide for the method for calculat ing the rate of interest on judgements; to provide for notices; to provide for du ties of the Administrative Office of the Courts; to provide for applicability and an effective date.
Referred to Committee on Judiciary.
SB 181. By Senators Farrow of the 54th and Thomas of the 10th:
A bill to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to require that per sons offering for election or holding office as a member of a county governing authority must have obtained a high school diploma or general education devel opment (GED) equivalency diploma; to limit the effect of this requirement on current officeholders.
Referred to Committee on Ethics.
SB 182. By Senators Farrow of the 54th, Oliver of the 42nd and Clay of the 37th:
A bill to amend Code Section 9-11-42 of the Official Code of Georgia Annotated, relating to consolidation of actions and severance, so as to repeal the require ment that the parties consent to a consolidation of actions.
Referred to Committee on Judiciary.

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105

SB 183. By Senators Slotin of the 39th and Henson of the 55th:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions concerning law enforcement officers and agencies, so as to provide that for a felony committed in the presence of a sheriff, deputy sheriff, or police officer appointed or employed in conformity with Chapter 8 of Title 35, such law enforcement officer may make an arrest, regardless of juris diction within the state.
Referred to Committee on Public Safety.
SB 184. By Senators Starr of the 44th and Thomas of the 10th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to provide for the filling of offices of members of boards of education at nonpartisan elec tions without a prior nonpartisan primary.
Referred to Committee on State and Local Governmental Operations - General.
SB 185. By Senators Madden of the 47th, Langford of the 29th, Ray of the 19th and Marable of the 52nd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide definitions for certain types of credit insurance known as nonrecording or nonlicensing insurance and vendors' single interest insurance; to provide for the maximum premium charge for nonrecording or nonfiling insurance; to provide that data for nonrecording or nonfiling insurance and vendors' single interest insurance shall be filed and maintained separately to facilitate the handling of form and rate filings.
Referred to Committee on Insurance and Labor.
SB 186. By Senators Madden of the 47th, Ragan of the llth, Blitch of the 7th and others:
A bill to amend Article 1 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Firemen's Pen sion Fund, so as to expand the scope of fire fighters eligible to become members of the fund; to change a certain definition; to repeal Code Section 47-7-2, relat ing to the purpose of the fund; to provide conditions for an effective date and automatic repeal.
Referred to Committee on Retirement.
SB 187. By Senators Farrow of the 54th and Clay of the 37th:
A bill to amend Chapter 12 of Title 4 of the Official Code of Georgia Annotated, relating to limitation on civil liability of those engaged in equine activities, so as to provide for limitation on civil liability of llama activity sponsors, llama profes sionals, and those engaged in llama activities; to provide for intent; to provide for and change definitions; to provide for exceptions; to require the posting of certain warning notices or signs; to require certain notices in contracts.
Referred to Committee on Judiciary.

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SB 188. By Senators Ray of the 19th and Walker of the 22nd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotat ed, relating to professional counselors, social workers, and marriage and family therapists, so as to change certain training requirements.
Referred to Committee on Health and Human Services.
SB 189. By Senators Langford of the 29th and Gochenour of the 27th:
A bill to amend Code Section 21-2-413 of the Official Code of Georgia Annotated, relating to the conduct of voters, campaigners, and others at polling places gen erally, so as to provide that spouses may occupy a voting booth together.
Referred to Committee on State and Local Governmental Operations - General.
SB 190. By Senators Johnson of the 2nd, Hill of the 4th, Johnson of the 1st and Thomas of the 10th:
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 certain children shall be eligible to enroll in school at an earlier age under cer tain circumstances; to provide for individual evaluation of such children; to low er the mandatory minimum age at which children shall attend school.
Referred to Committee on Education.
SB 191. By Senators Harbison of the 15th, Oliver of the 42nd and Clay of the 37th:
A bill to amend Article 1 of Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to provide that certain contracts for the payment of money or other consideration relating to the selling of information about a crime are void; to authorize the Attorney General or a district attorney to enjoin enforcement of any such contract.
Referred to Committee on Judiciary.
SB 192. By Senators Thomas of the 10th and James of the 35th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to change the dates for qualifying and for the general primary in 1996.
Referred to Committee on State and Local Governmental Operations - General.
SB 193. By Senators Thomas of the 10th and James of the 35th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to provide for procedures for qualifying for candidates seeking election to county offices in nonpartisan elections.
Referred to Committee on State and Local Governmental Operations - General.
SB 194. By Senators Thomas of the 10th and James of the 35th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to change the minimum compensation for chief registrars, registrars, and chief deputy registrars.
Referred to Committee on State and Local Governmental Operations - General.

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SB 195. By Senators Thomas of the 10th, Stokes of the 43rd, Harbison of the 15th and others:
A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, so as to create standards for a Health Plan Act for 1995 relative to certain hospital based provider networks, health care provider networks, and health benefit plans; to provide for defini tions; to provide for selection criteria relating thereto.
Referred to Committee on Health and Human Services.
SB 196. By Senators Griffin of the 25th, James of the 35th, Thomas of the 10th and Walker of the 22nd:
A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs of quality basic edu cation, so as to require each public school student in certain grades to complete 96 hours of community service prior to graduation; to authorize local boards of education to establish certain rules and regulations; to provide for a phase-in period.
Referred to Committee on Education.
SB 197. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act changing the composition and manner of selecting mem bers of the Board of Education of Clayton County, as amended, so as to provide for nonpartisan election of such members without prior nonpartisan primaries; to provide for certain submissions.
Referred to Committee on State and Local Governmental Operations.
SB 198. By Senators Farrow of the 54th, Ralston of the 51st and Cagle of the 49th:
A bill to amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to the crime of manufacturing, selling, or distributing false identifica tion documents, so as to make it unlawful for any person to knowingly possess a false identification document; to provide penalties; to provide exceptions with respect to certain penalties.
Referred to Committee on Special Judiciary.
SB 199. By Senators Crotts of the 17th, Guhl of the 45th and Farrow of the 54th:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to provide that the executive director of the Georgia Firefighter Standards and Training Council shall assume certain duties previously carried out by the superintendent of the Georgia Fire Academy; to change certain definitions; to change the provisions relating to notification that an organization meets the requirements of a fire department.
Referred to Committee on Public Safety.
SB 200. By Senators Ragan of the llth, Middleton of the 50th, Guhl of the 45th and others:
A bill to amend Code Section 27-4-253 of the Official Code of Georgia Annotated, relating to the Aquaculture Development Commission, so as to change the re quirements for membership in the commission; to provide for subcommittees.
Referred to Committee on Agriculture.

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SB 201. By Senators Gillis of the 20th, Hooks of the 14th, Madden of the 47th and Bowen of the 13th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the definition of game fish; to change the creel and possession limits for certain fish; to change the list of streams declared to be artificial-lure streams; to change the waters in which live bait may be used; to change the hours of legal fishing on certain streams; to move certain streams from the list of trout waters with seasons to the list of trout waters without seasons.
Referred to Committee on Natural Resources.
SB 202. By Senators Gillis of the 20th, Hooks of the 14th, Edge of the 28th and others:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to change and clarify the maximum duration of permits for the withdrawal, diversion, or impoundment of surface waters and ground waters; to provide factors to be considered in granting such permits.
Referred to Committee on Natural Resources.
SR 85. By Senators Day of the 48th and Balfour of the 9th:
A resolution designating a certain portion of Interstate Highway 85 as the Vet erans Parkway.
Referred to Committee on Transportation.
SR 86. By Senators Edge of the 28th, Middleton of the 50th, Cagle of the 49th and others:
A resolution creating the Boat Safety Study Committee.
Referred to Committee on Rules.
SR 88. By Senators Marable of the 52nd, Dean of the 31st, Ray of the 19th and others:
A resolution encouraging school systems in Georgia to adopt the Eddie Eagle Elementary Gun Safety Education Program of the National Rifle Association with a view to preventing accidental firearm related injuries to children.
Referred to Committee on Education.
SR 90. By Senators Madden of the 47th, Day of the 48th, Kemp of the 3rd and others:
A resolution urging the Department of Corrections and the Department of Transportation to cooperate in establishing a program utilizing state inmate la bor for certain maintenance operations on the rights of way of roads in the state highway system.
Referred to Committee on Corrections, Correctional Institutions and Property.
The following bills of the House were read the first time and referred to committees:
HB 155. By Representatives Cox of the 160th, Martin of the 47th and Dobbs of the 92nd:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youths, so as to change the provisions relating to definitions; to change the provisions relating to the inves tigation of child abuse reports and the reports regarding such investigation.
Referred to Committee on Judiciary.

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HB 210. By Representative Hudson of the 156th:
A bill to amend an Act creating the board of commissioners of Irwin County, so as to change provisions relating to the salary of the chairman of the board of commissioners.
Referred to Committee on State and Local Governmental Operations.
HB 272. By Representative Channell of the lllth:
A bill to amend an Act creating the Board of Commissioners of Greene County, so as to change the composition of the districts from which the members of the board are elected.
Referred to Committee on State and Local Governmental Operations.
HB 275. By Representative Channell of the lllth: A bill to amend an Act creating the Board of Education of Greene County, so as to change the composition of the districts from which the members of the board are elected.
Referred to Committee on State and Local Governmental Operations.
The following reports of standing committees were read by the Secretary:
Mr. President: The Committee on Ethics 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 30. Do pass by substitute.
Respectfully submitted, Senator Farrow of the 54th District, Chairman
Mr. President: The Committee on Finance and Public Utilities has had under consideration the fol
lowing bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 29. Do pass. HB 90. Do pass.
Respectfully submitted, Senator Starr of the 44th District, Chairman
Mr. President: The Committee on Judiciary has had under consideration the following bills of the
Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 30. Do pass by substitute. SB 69. Do pass. SB 87. Do pass.
Respectfully submitted, Senator Oliver of the 42nd District, Chairman

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Mr. President: The Committee on Special Judiciary has had under consideration the following bills of
the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 8. Do pass by substitute. SB 50. Do pass.
SB 60. Do pass.
Respectfully submitted, Senator Egan of the 40th District, Chairman

The following bills and resolution were read the second time:

SB 17

SB 23

SB 25

SB 45

SB 85

SR 37

The President called for the morning roll call. The electronic voting machine malfunc tioned; therefore, Senator Perdue asked unanimous consent that the roll call be dispensed with. The consent was granted, and the President instructed the Secretary to count all Senators present.
The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Henson of the 55th introduced the chaplain of the day, Pastor Raleigh Rucker, pastor of Mt. Patmos Baptist Church, Decatur, Georgia, who offered scripture reading and prayer.
Senator Griffin of the 25th introduced the doctor of the day, Dr. Joyce H. Poag, Milledgeville, Georgia, who in turn introduced Roger Brown as nurse of the day.
Senator Burton of the 5th introduced members of the Smoke-Free Class of 2000 com mended by SR 43, adopted previously.

The following resolution was read and adopted:

SR 94. By Senator Taylor of the 12th:
A resolution commending the Terrell Academy Eagle football team and inviting the team to appear before the Senate.
Senator Taylor of the 12th introduced the Terrell Academy Eagle football team and their coach, Don Beard, commended by SR 94. Coach Beard addressed the Senate briefly.
Senator Ragan of the llth introduced the Thomas County Central High School football team and their coach, Ed Bilcher, commended by SR 49, adopted previously. Coach Bilcher addressed the Senate briefly.
Senator Ragan of the llth introduced William J. "Josh" Lewis, commended by SR 52, adopted previously.
Senator Turner of the 8th introduced the Brooks County Trojan High School football team and their coach, Maurice Freeman, commended by SR 62, adopted previously.
The following resolutions were read and adopted:

SR 84. By Senators Madden of the 47th, Langford of the 29th, Broun of the 46th and others:
A resolution recognizing "Health Care for Rural and Underserved Georgians Day".

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SR 87. By Senators Marable of the 52nd, Hill of the 4th, Scott of the 36th and others: A resolution recognizing and commending Global Research Systems, Inc.
SR 91. By Senator Johnson of the 2nd: A resolution recognizing and commending the Savannah College of Art and De sign.
SR 92. By Senators Langford of the 29th and Madden of the 47th: A resolution commending Lee Johnson as the 1995 Georgia Artist of the Year.
SR 93. By Senators Langford of the 29th and Madden of the 47th: A resolution commending the Georgia Citizens for the Arts.
SR 95. By Senator Dean of the 31st: A resolution commending John Hill.
SR 96. By Senator Dean of the 31st: A resolution recognizing the Euharlee Farmers Club.
SR 98. By Senators Perdue of the 18th and Gochenour of the 27th: A resolution commending the Tattnall Square Academy football team.
Senator Perdue of the 18th introduced the Tattnall Square Academy football team and their coach, Barney Heston, commended by SR 98. Coach Heston addressed the Senate briefly.
Senator Perdue of the 18th moved that the Senate do now adjourn until 10:00 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 11:15 A.M.

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Senate Chamber, Atlanta, Georgia Thursday, January 26, 1995 Ninth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Ray of the 19th, President Pro Tempore.
Senator Marable of the 52nd 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 Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 294. By Representative Brooks of the 103rd:
A bill to amend an Act providing for the election of members of the board of education of Heard County, so as to provide for nonpartisan primaries and elec tions for members of the board of education of Heard County.
HB 302. By Representative Smith of the 109th:
A bill to amend the "Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority Act," so as to change the provisions relating to bond maturities.
HB 303. By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A bill to increase from $4,000.00 to $15,000.00 over an eight-year period the homestead exemption from certain ad valorem taxes levied by Henry County for county purposes.
HB 307. By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A bill to amend an Act providing for the election and salary of the treasurer of Henry County, so as to abolish the office of treasurer of Henry County; to pro vide for the transfer of powers, duties, and authority of such office and the deliv ery of all money, books, papers, and property of such office to the governing authority of Henry County.
HB 317. By Representatives Skipper of the 137th and Smith of the 102nd:
A bill to amend an Act reconstituting the Board of Education of Talbot County and providing for its powers, duties, rights, obligations, and liabilities, so as to provide for the compensation of members of the board of education.

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113

HB 322. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A bill to amend an Act providing for the Clarke County School District, so as to change the compensation and expenses of the members of the Board of Educa tion of Clarke County.

HB 163. By Representatives Greene of the 158th, Reaves of the 178th, Ray of the 128th, Pinholster of the 15th, Crawford of the 129th and others:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to change the maximum charges for handling and selling leaf tobacco by warehousemen.

HB 171. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th, Stancil of the 91st and Cummings of the 27th:
A bill to amend Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to membership of certain eligible employees of the University System of Georgia in the Teachers Retirement System of Georgia, so as to provide that such employees may opt to become members of the regents retirement plan within 60 days of employment.

HB 172. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th, Stancil of the 91st and Cummings of the 27th:
A bill to amend Code Section 47-21-3 of the Official Code of Georgia Annotated, relating to the establishment and administration of an optional retirement plan for certain employees of the University System of Georgia, so as to provide that the board of trustees of such plan shall be authorized to purchase shares in one or more mutual funds.

HB 197. By Representatives Chambless of the 163rd, Bostick of the 165th, Barnes of the 33rd, Cox of the 160th, Crawford of the 129th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.

HB 198. By Representatives Chambless of the 163rd, Bostick of the 165th, Barnes of the 33rd, Cox of the 160th, Crawford of the 129th and others:
A bill to amend Code Section 15-16-27 of the Official Code of Georgia Annotated, relating to deposit by sheriff in certain counties of cash bonds and reserves of professional bondspersons in interest-bearing accounts and disposition of inter est, so as to change certain internal cross-references.

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HB 199. By Representatives Chambless of the 163rd, Bostick of the 165th, Barnes of the 33rd, Cox of the 160th, Crawford of the 129th and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory por tion of the Official Code of Georgia Annotated, as amended; to provide for neces sary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated.
HB 278. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other er rors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated, to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated.
HB 136. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standard Law," so as to require an actuarial investigation for cost reduction amendments to fiscal retirement bills; to change a certain reference relating to the requirement of an actuarial study.
HB 137. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the Employees' Retirement Sys tem of Georgia shall administer the Superior Court Judges Retirement Fund of Georgia, the Superior Court Judges Retirement System, the District Attorneys Retirement Fund of Georgia, and the District Attorneys' Retirement System.
HB 125. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th, Holland of the 157th and Greene of the 158th:
A bill to amend Article 3 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Cooperative Marketing Act," so as to provide for clari fication of the rights and powers of cooperative market associations and their boards of directors.
The House has adopted by the requisite constitutional majority the following resolu tion of the Senate:
SR 76. By Senators Perdue of the 18th, Hill of the 4th, Turner of the 8th, Ragan of the llth and Middleton of the 50th:
A resolution commending the Board of Regents of the University System of Georgia and the Board of Technical and Adult Education for their efforts in forg ing a bridge between the technical institutes and the university system so that students can use both to meet their personal educational goals.

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The following bills and resolutions, of the Senate were introduced, read the first time and referred to committees:
SB 203. By Senator Johnson of the 1st:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide for special and distinctive license plates for veterans who served in the Eighth Air Force during World War II; to provide for standards, design, fees, removals, transfers, cancellations, renewals, applica tions, and refunds relating to such license plates.
Referred to Committee on Defense and Veterans Affairs.
SB 204. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the State Merit System of Personnel Admin istration generally, so as to change the definition of the term "working test"; to provide for the length of the working test period for troopers of the Uniform Division of the Department of Public Safety.
Referred to Committee on Public Safety.
SB 205. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide for special license plates to promote the Nongame Wildlife Conser vation and Wildlife Habitat Acquisition Fund and its beneficiary, the NongameEndangered Wildlife Program of the Department of Natural Resources; to pro vide procedures for acquiring such license plates; to provide for licensing agree ments.
Referred to Committee on Public Safety.
SB 206. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Public Safety, so as to authorize the commissioner of public safety to promulgate rules and regulations as necessary to carry out his or her official duties.
Referred to Committee on Public Safety.
SB 207. By Senators Langford of the 29th and Madden of the 47th:
A bill to amend Code Section 33-23-1 of the Official Code of Georgia Annotated, relating to definitions of terms applicable to licensing of insurance agents, subagents, counselors, and adjusters, so as to provide that the term "adjuster" does not include a salaried employee of an insurer who adjusts claims.
Referred to Committee on Insurance and Labor.

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SB 208. By Senators Edge of the 28th, Ray of the 19th, Isakson of the 21st and others:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for legisla tive findings; to provide for the establishment of the Special Insurance Fraud Fund; to provide for the purposes of the fund; to provide for the appointment and composition of an advisory council to the fund and the responsibilities of the advisory council.
Referred to Committee on Insurance and Labor.
SB 209. By Senators Johnson of the 1st, Egan of the 40th and Johnson of the 2nd:
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 an attempt to notify a victim of family violence at the time of releasing on bail a person charged with an offense involving family violence; to amend Chapter 13 of Title 19 of the Offi cial Code of Georgia Annotated, relating to family violence, so as to provide that certain information relating to family violence shall be provided to adults be lieved to be victims of family violence.
Referred to Committee on Special Judiciary.
SB 210. By Senators Johnson of the 1st, Egan of the 40th and Johnson of the 2nd:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that a marital relationship between the defendant and the alleged victim is not a defense to a charge of rape or aggravated sodomy; to provide that the law enforcement agency investigating an alleged rape or aggravated sodomy shall be financially responsible for the cost of a medical examination in the course of which evidence of the alleged crime is collected.
Referred to Committee on Special Judiciary.
SB 211. By Senator James of the 35th:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the authority of the department of public safety to make licenses readily distinguishable for persons convicted of DUT offenses.
Referred to Committee on Judiciary.
SB 212. By Senator James of the 35th:
A bill to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to requirement that program weights reflect funds for payment of sala ries and benefits with respect to the Quality Basic Education Program, so as to change certain provisions relating to the maximum number of students which may be taught by a teacher in an instructional period.
Referred to Committee on Education.

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SB 213. By Senator James of the 35th:
A bill to amend Chapter 15 of Title 15 of the Official Code of Georgia Annotated, relating to child support receivers, so as to prohibit the receipt of any extra com pensation in the form of bonuses or commissions for child support receivers or employees of such office; to provide for an additional duty of child support re ceivers.
Referred to Committee on Judiciary.
SB 214. By Senator James of the 35th:
A bill to amend Code Section 20-2-250 of the Official Code of Georgia Annotated, relating to education projects to improve efficiency, so as to provide for an addi tional grant program targeting at-risk students and the conditions and proce dures relating thereto; to provide for an annual review; to require that a certain percent of certain grant funds be used for direct program expenditures at specif ic schools.
Referred to Committee on Education.
SB 215. By Senator James of the 35th:
A bill to amend Code Section 36-66-4 of the Official Code of Georgia Annotated, relating to hearings on proposed zoning decisions, so as to provide that defeated zoning actions may not be reconsidered for at least 12 months.
Referred to Committee on Special Judiciary.
SB 216. By Senator James of the 35th:
A bill to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, so as to provide for a short title; to provide for legislative intent; to provide for prohibition against the pas sage of certain laws affecting political subdivisions; to provide for certain excep tions; to allow a showing of undue hardship.
Referred to Committee on State and Local Governmental Operations - General.
SB 217. By Senator James of the 35th:
A bill to amend Part 2 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to lighting equipment of motor vehicles, so as to require outside roof mounted white flashing strobe lights on certain motor vehi cles.
Referred to Committee on Transportation.
SB 218. By Senators Abernathy of the 38th, Scott of the 36th and Henson of the 55th:
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 delete provisions which would allow a de crease in local salary supplements for certain public school personnel under cer tain circumstances if a public hearing is held on the subject.
Referred to Committee on Education.

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SB 219. By Senators Black of the 53rd, Glanton of the 34th, McGuire of the 30th and others:
A bill to amend Code Section 16-5-45 of the Official Code of Georgia Annotated, relating to criminal interference with custody, so as to provide for the inclusion therein of the new crime of interference with visitation.
Referred to Committee on Special Judiciary.
SB 220. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for legislative intent; to provide defini tions; to provide for applicability; to provide for standards and requirements rel ative to small employer and individual health benefit plans; to provide for rating practices for such plans.
Referred to Committee on Insurance and Labor.
SB 221. By Senator Farrow of the 54th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to provide for a fourth judge of the superior courts of the Conasauga Judicial Circuit of Georgia; to provide for the appointment, subsequent election, and terms of office of said judge; to require candidates for such judgeship to designate the judgeship for which they are offering.
Referred to Committee on Judiciary.
SB 222. By Senators Madden of the 47th, Middleton of the 50th, Langford of the 29th and Kemp of the 3rd:
A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide for the reimbursement by inmates of certain costs of incarceration; to provide for a short title; to provide for definitions; to provide for reimbursement forms and procedures; to provide for investigation of reports; to provide for actions seeking reimbursement; to provide for proceed ings and judgment.
Referred to Committee on Corrections, Correctional Institutions and Property.
SB 223. By Senators Madden of the 47th, Langford of the 29th and Ray of the 19th:
A bill to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, so as to extend to certain treatment team members and others the privileged communications between psychiatrists and patients; to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to extend to certain treat ment team members and others the privileged communications between psy chologists and clients.
Referred to Committee on Judiciary.

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SR 97. By Senators Oliver of the 42nd, Edge of the 28th and Pollard of the 24th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create, by law, a State Commission on Judicial Compensa tion and to authorize such commission to establish, subject to amendment or rejection by the General Assembly, the compensation of Justices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior courts and to provide that the General Assembly shall not be deprived of the power to enact laws establishing or changing the compensation of Justices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior courts; to pro vide for the submission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.
SR 101. By Senator James of the 35th:
A resolution creating the Joint Study Commission on Economic Development and Revitalization in South Fulton County.
Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committees:
HB 125. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th and others:
A bill to amend Article 3 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Cooperative Marketing Act," so as to provide for clari fication of the rights and powers of cooperative market associations and their boards of directors.
Referred to Committee on Agriculture.
HB 136. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standard Law," so as to require an actuarial investigation for cost reduction amendments to fiscal retirement bills; to change a certain reference relating to the requirement of an actuarial study.
Referred to Committee on Retirement.
HB 137. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the Employees' Retirement Sys tem of Georgia shall administer the Superior Court Judges Retirement Fund of Georgia, the Superior Court Judges Retirement System, the District Attorneys Retirement Fund of Georgia, and the District Attorneys' Retirement System.
Referred to Committee on Retirement.
HB 163. By Representatives Greene of the 158th, Reaves of the 178th, Ray of the 128th and others:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to change the maximum charges for handling and selling leaf tobacco by warehousemen.
Referred to Committee on Agriculture.

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HB 171. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th and others:
A bill to amend Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to membership of certain eligible employees of the University System of Georgia in the Teachers Retirement System of Georgia, so as to provide that such employees may opt to become members of the regents retirement plan within 60 days of employment.
Referred to Committee on Retirement.
HB 172. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th and others:
A bill to amend Code Section 47-21-3 of the Official Code of Georgia Annotated, relating to the establishment and administration of an optional retirement plan for certain employees of the University System of Georgia, so as to provide that the board of trustees of such plan shall be authorized to purchase shares in one or more mutual funds.
Referred to Committee on Retirement.
HB 197. By Representatives Chambless of the 163rd, Bostick of the 165th, Barnes of the 33rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated relating to elections, so as to correct typographical, stylistic, and other errors and ommissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.
Referred to Committee on Special Judiciary.
HB 198. By Representatives Chambless of the 163rd, Bostick of the 165th, Barnes of the 33rd and others:
A bill to amend Code Section 15-16-27 of the Official Code of Georgia Annotated, relating to deposit by sheriff in certain counties of cash bonds and reserves of professional bondspersons in interest-bearing accounts and disposition of inter est, so as to change certain internal cross-references.
Referred to Committee on Judiciary.
HB 199. By Representatives Chambless of the 163rd, Bostick of the 165th, Barnes of the 33rd and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory por tion of the Official Code of Georgia Annotated, as amended; to provide for neces sary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated.
Referred to Committee on Special Judiciary.

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HB 278. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other er rors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated, to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated.
Referred to Committee on Special Judiciary.
HB 294. By Representative Brooks of the 103rd:
A bill to amend an Act providing for the election of members of the board of education of Heard County, so as to provide for nonpartisan primaries and elec tions for members of the board of education of Heard County.
Referred to Committee on State and Local Governmental Operations.
HB 302. By Representative Smith of the 109th:
A bill to amend the "Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority Act," so as to change the provisions relating to bond maturities.
Referred to Committee on State and Local Governmental Operations.
HB 303. By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A bill to increase from $4,000.00 to $15,000.00 over an eight-year period the homestead exemption from certain ad valorem taxes levied by Henry County for county purposes.
Referred to Committee on State and Local Governmental Operations.
HB 307. By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A bill to amend an Act providing for the election and salary of the treasurer of Henry County, so as to abolish the office of treasurer of Henry County; to pro vide for the transfer of powers, duties, and authority of such office and the deliv ery of all money, books, papers, and property of such office to the governing authority of Henry County.
Referred to Committee on State and Local Governmental Operations.
HB 317. By Representatives Skipper of the 137th and Smith of the 109th:
A bill to amend an Act reconstituting the Board of Education of Talbot County and providing for its powers, duties, rights, obligations, and liabilities, so as to provide for the compensation of members of the board of education.
Referred to Committee on State and Local Governmental Operations.

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HB 322. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A bill to amend an Act providing for the Clarke County School District, so as to change the compensation and expenses of the members of the Board of Educa tion of Clarke County.
Referred to Committee on State and Local Governmental Operations.
The following reports of standing committees were read by the Secretary:
Mr. President: The Committee on Banking and Financial Institutions has had under consideration
the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 103. Do pass by substitute.
Respectfully submitted, Senator Turner of the 8th District, Chairman
Mr. President: The Committee on Finance and Public Utilities has had under consideration the fol
lowing resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SR 61. Do pass.
Respectfully submitted, Senator Starr of the 44th District, Chairman
Mr. President: The Committee on Insurance and Labor has had under consideration the following
bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 51. Do pass as amended. SB 129. Do pass.
Respectfully submitted, Senator Pollard of the 24th District, Chairman
Mr. President: The Committee on Natural Resources has had under consideration the following bill of
the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 32. Do pass by substitute.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

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123

Mr. President: The Committee on Natural Resources has had under consideration the following bills
of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 111. Do pass.
SB 170. Do pass as amended.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President: The Committee on State and Local Governmental Operations has had under consider
ation the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 33. Do pass.
Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President: The Committee on Transportation has had under consideration the following bill of
the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 48. Do pass as amended.
Respectfully submitted, Senator Thompson of the 33rd District, Chairman

The following bills and resolution were read the second time:

SB 8 SB 87

SB 29 SR 30

SB 30 HB 90

SB 50

SB 60

SB 69

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

Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Langford Madden Marable McGuire

Middleton Newbill Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

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Those not answering were Senators:

Abernathy Balfour Griffin

Land Oliver

Eay (presiding) Tanksley

The following communications were filed with the Secretary:

MEMORANDUM

DATE: TO:
FROM:

January 26, 1995 Frank Eldridge Secretary of the Senate Floyd Griffin, Jr. Senator, 25th District

During the Session of the Senate this morning, my machine was inoperative and I was unable to vote. Senator Pollard was seated next to me and can vouch for me.
Kindly consider this memorandum as notice that I was present but unable to vote during the session of January 25, 1995.

The State Senate Atlanta, Georgia 30334
January 26, 1995

Mr. Frank Eldridge, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334

RE:

Alleged failure to make timely roll call vote of "present" on January 26,1995

Dear Frank:

Please include this letter in the Journal of the Senate for January 26, 1995. On January 26, 1995,1 was recorded as having not timely voted present for the roll call vote. After rushing back from a "breakfast with dads" meeting with my 4-year old daughter at her pre-school in Columbus that morning, I entered the Senate Chamber with 10 seconds left to cast my vote as present. I pressed my button present just before the final bell rang, but my vote did not register. As you know, the voting machines malfunctioned on the previous two days, and on one of those days, the Senate voted to allow Senators who had not been counted as present to be registered present.
In light of these circumstances, I believe I should have been counted present for the roll call vote. You informed me, however, that I am out of luck. Consequently, I request that this statement appear in the Journal of the Senate.

Sincerely,
/s/ Clay Land Senator 16th District

P.S. The records of the Senate will show that I voted on each piece of legislation that came before the Senate on this day.
Senator Ray of the 19th, President Pro Tempore, 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 Al Turnell, pastor of the First United Methodist Church, Dalton, Georgia, who offered scripture read ing and prayer.

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125

The following resolutions were read and adopted:
SR 99. By Senator Langford of the 29th: A resolution commending Mr. Norman Proctor.
SR 100. By Senators Broun of the 46th, Tysinger of the 41st, Gillis of the 20th and Dean of the 31st: A resolution in memory of Lamar Rich Plunkett.
SR 103. By Senator Newbill of the 56th: A resolution commending Mr. Jon Toorchen.
SR 104. By Senator Kemp of the 3rd: A resolution commending Joe Colon, Jr.
SR 105. By Senator Starr of the 44th: A resolution commending Point South Elementary School.
SR 106. By Senator Starr of the 44th: A resolution commending the Clayton County school system.
SR 107. By Senator Starr of the 44th: A resolution recognizing and commending Lois Collins.
SR 108. By Senator Starr of the 44th: A resolution commending Lovejoy Middle School.
SR 109. By Senator Starr of the 44th: A resolution commending Lovejoy High School.
SR 110. By Senators Thompson of the 33rd, Clay of the 37th, Tanksley of the 32nd and Isakson of the 21st: A resolution congratulating and commending Wendy Marie Greiner, Miss Cobb County. SENATE CALENDAR Thursday, January 26, 1995 NINTH LEGISLATIVE DAY
SB 17 AGOG Volunteers--workers' compensation (I&L--24th) SB 23 Health, Disability Insurance--preexisting conditions (I&L--21st) SB 25 State, Local Flag Display--include POW, MIA flag (D&VA--31st) SB 45 Insurance Agent--certain clerical, other employees not agents (I&L--17th) SB 85 Cosmetology--regulation of electrologists (C Aff--55th)

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SB 37 City, County Flying State, U.S. Flag--fly POW flag (D&VA--31st)
The following general bills and resolution of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:
SB 17. By Senators Pollard of the 24th, Broun of the 46th and Ray of the 19th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' compensation, so as to provide that any person who performs voluntary service without pay for the Atlanta Committee for the Olympic Games, as designated and authorized by the board of directors of that organization, or for the Atlanta Paralympic Or ganizing Committee, shall be deemed an employee of the organization for pur poses of workers' compensation.
Senator Pollard of the 24th offered the following substitute to SB 17:
A BILL
To be entitled an Act to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' compensation, so as to provide that any person who performs voluntary service without pay for the Atlanta Committee for the Olympic Games or for the Atlanta Paralympic Organizing Committee shall be deemed an employee of the organization for purposes of workers' compensation coverage while performing such service; to provide for automatic repeal; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' compensation, is amended by adding, following Code Section 34-9-2.3, a new Code Section 34-9-2.4 to read as follows:
"34-9-2.4.
(a) Notwithstanding the provisions of paragraph (2) of Code Section 34-9-1, a person who performs voluntary service without pay for the Atlanta Committee for the Olympic Games or for the Atlanta Paralympic Organizing Committee shall be deemed an em ployee of the organization for purposes of workers' compensation coverage while perform ing such service. For purposes of this Code section, Voluntary service without pa/ shall include the performance of services by a person who receives no remuneration other than meals, uniforms, transportation, lodging, or reimbursement for incidental expenses. (b) This Code section shall automatically stand repealed as of December 31, 1997."
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 43, nays 0; and the substitute was adopted.
Pursuant to Rule 143 action on SB 17 was suspended.
The Calendar was resumed.

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127

SB 23. By Senators Isakson of the 21st and 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 allow the use of preexisting condition exclusions or limitations in group policies or contracts of disability income insur ance; to provide for the definition of the term preexisting condition in group poli cies or contracts of disability income insurance.

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

On 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Newbill

Oliver

Ray (presiding)

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 25. By Senators Dean of the 31st and Marable of the 52nd:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state flags and other flags, so as to provide that on November 11 of every year, each state and local facility which displays the offi cial state flag shall also display a flag honoring prisoners of war and missing in action; to describe such flag.
Senator Dean of the 31st moved that SB 25 be committed to the Senate Defense and Veterans Affairs Committee.
On the motion the yeas were 44, nays 0; the motion prevailed, and SB 25 was commit ted to the Senate Defense and Veterans Affairs Committee.
Senator Farrow of the 54th introduced the doctor of the day, Dr. John S. Antalis, Dalton, Georgia, who addressed the Senate briefly.
The President assumed the Chair.
Senator Egan of the 40th introduced Mitch Skandalakis, chairman of the Fulton County Commission, who addressed the Senate briefly.
The Calendar was resumed.

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JOURNAL OF THE SENATE

SB 45. By Senators Crotts of the 17th, Isakson of the 21st, Pollard of the 24th and Starr of the 44th:
A bill to amend Code Section 33-23-1 of the Official Code of Georgia Annotated, relating to definitions relative to insurance agents, subagents, counselors, and adjusters, so as to provide that a regular salaried officer or employee of an insur er or of an agent or subagent who performs only clerical or administrative serv ices in connection with any insurance transaction and who is not involved in soliciting insurance or signing or countersigning contracts shall not be consid ered an agent.

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

On 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

Black

'

Blitch

Boshears

Bowen

Broun of 46th

Burton

Cagle

Cheeks

Clay

Crotts

Day

Edge

Egan

Farrow

Gillis

Glanton Gochenour
Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton
Oliver Perdue Pollard Ragan Ray Scott Slotin Starr Stokes Tanksley Taylor Thompson Turner Tysinger

Those not voting were Senators:

Brown of 26th Dean
Johnson of 2nd

Newbill Ralston

Thomas Walker

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 85. By Senator Henson of the 55th:
A bill to amend Chapter 10 of Title 43 of the O.C.G.A., relating to cosmetolo gists, so as to provide for certain definitions; to provide for the regulation and licensure of electrologists; to change the membership of the State Board of Cos metology to include an electrologist; to provide for creation of an electrologist advisory council; to provide for application for certificates of registration for electrologists.
Senator Henson of the 55th moved that SB 85 be committed to the Senate Consumer Affairs Committee.
On the motion, the yeas were 45, nays 0: the motion prevailed, and SB 85 was commit ted to the Senate Consumer Affairs Committee.

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129

Senator Perdue of the 18th moved that the Senate do now adjourn until tomorrow at 9:00 A.M.; the motion prevailed, and the President announced the Senate adjourned at 11:15 A.M.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, January 27, 1995 Tenth Legislative Day
The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd 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 Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 266. By Representatives Shanahan of the 10th, Cummings of the 27th, McBee of the 88th, Baker of the 70th, Pelote of the 149th and others:
A bill to amend Code Section 47-16-101 of the Official Code of Georgia Annotat ed, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, so as to provide that the board of trustees of such fund may grant a cost of living increase under certain circumstances.
HB 138. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Code Section 47-7-20 of the Official Code of Georgia Annotated, relating to the Board of Trustees of the Georgia Firemen's Pension Fund, so as to change a certain designation.
HB 200. By Representative Carter of the 166th:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to the use of state parks and prohibited acts therein, so as to provide that it shall be unlawful to hunt, trap, or pursue wildlife in a state park unless the weaponry and methods used have been approved by the commissioner of natural resources.
HB 274. By Representatives Carter of the 166th, Shaw of the 176th, Buckner of the 95th and Cox of the 160th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to provide for the use of federally approved, nontoxic shot.
HB 277. By Representatives Carter of the 166th, Shaw of the 176th, Buckner of the 95th and Cox of the 160th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define a certain term; to provide for the sales of certain licenses by telephone; to provide for a fee for such service; to provide for an archery and firearms combination hunting license; to provide for a sportsman's license.

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The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 55. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd, Bargeron of the 120th, Purcell of the 9th and others:
A resolution recognizing and commending Georgia's World War II veterans; pro viding for the permanent display at the James H. "Sloppy" Floyd Veterans Me morial Building of a plaque, flag, and 50 posters depicting important events that took place during World War II.
HR 21. By Representatives Walker of the 141st, Lucas of the 124th, Murphy of the 18th, Lee of the 94th, Coleman of the 142nd and others:
A resolution designating the Georgia Department of Corrections' hospital in Bibb County as the Denmark Groover, Jr., Hospital.
HR 49. By Representatives Murphy of the 18th and McKinney of the 51st:
A resolution authorizing the granting of certain easements and conveyance of certain state owned real property located in Fulton County, Georgia, to Metro politan Atlanta Rapid Transit Authority (MARTA) and the acceptance of certain real property owned by MARTA located in Fulton County, Georgia, in considera tion therefor.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 224. By Senators Turner of the 8th, Broun of the 46th, Balfour of the 9th and others:
A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible recording tax, so as to provide that the holder of a long-term note secured by real estate may pass on the amount of the intan gible recording tax with regard to such note to the borrower or mortgagor.
Referred to Committee on Banking and Financial Institutions.
SB 225. By Senators Kemp of the 3rd, Boshears of the 6th, Blitch of the 7th and others:
A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to the District Attorneys' Retirement System, so as to repeal a prohibi tion against the private practice of criminal law by a district attorney who re tires under said chapter; to provide an effective date and conditions for automat ic repeal.
Referred to Committee on Special Judiciary.
SB 226. By Senators Boshears of the 6th and Blitch of the 7th:
A bill to amend Code Section 36-1-11.1 of the Official Code of Georgia Annotat ed, relating to expenditure of funds by counties for insurance and other employ ment benefits, so as to prohibit the payment or receipt of cash compensation instead of the offered insurance or benefit.
Referred to Committee on State and Local Governmental Operations - General.

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SB 227. By Senators Oliver of the 42nd, Taylor of the 12th, Brown of the 26th and others:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to limit the issuance or re newal of licenses and other authorizations to engage in professions, businesses, or occupations to persons who are not in compliance with orders for child sup port; 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.
Referred to Committee on Judiciary.
SR 102. By Senator Cheeks of the 23rd:
A resolution authorizing the leasing of certain real property owned by the Georgia Building Authority in Richmond County, Georgia.
Referred to Committee on State and Local Governmental Operations - General.
SR 113. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of telecommunications lines and equipment, electrical utili ties, and highway improvements in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Cobb, Towns, and Walker Counties, Georgia.
Referred to Committee on Finance and Public Utilities.
SR 115. By Senators Hill of the 4th, Marable of the 52nd and Johnson of the 1st:
A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process, statutes and amendments to statutes and amend ments to the Constitution and to repeal statutes and amendments to statutes; to provide procedures and restrictions connected therewith; to provide exceptions; to provide that the provisions shall be self-executing; to provide for the submis sion of this amendment for ratification or rejection.
Referred to Committee on Judiciary.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 138. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Code Section 47-7-20 of the Official Code of Georgia Annotated, relating to the Board of Trustees of the Georgia Firemen's Pension Fund, so as to change a certain designation.
Referred to Committee on Retirement.
HB 200. By Representative Carter of the 166th:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to the use of state parks and prohibited acts therein, so as to provide that it shall be unlawful to hunt, trap, or pursue wildlife in a state park unless the weaponry and methods used have been approved by the commissioner of natural resources.
Referred to Committee on Natural Resources.

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HB 266. By Representatives Shanahan of the 10th, Cummings of the 27th, McBee of the 88th and others:
A bill to amend Code Section 47-16-101 of the Official Code of Georgia Annotat ed, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, so as to provide that the board of trustees of such fund may grant a cost of living increase under certain circumstances.
Referred to Committee on Retirement.
HB 274. By Representatives Carter of the 166th, Shaw of the 176th, Buckner of the 95th and Cox of the 160th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to provide for the use of federally approved, nontoxic shot.
Referred to Committee on Natural Resources.
HB 277. By Representatives Carter of the 166th, Shaw of the 176th, Buckner of the 95th and Cox of the 160th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define a certain term; to provide for the sales of certain licenses by telephone; to provide for a fee for such service; to provide for an archery and firearms combination hunting license; to provide for a sportsman's license.
Referred to Committee on Natural Resources.
HR 21. By Representatives Walker of the 141st, Lucas of the 124th, Murphy of the 18th and others:
A resolution designating the Georgia Department of Corrections' hospital in Bibb County as the Denmark Groover, Jr., Hospital.
Referred to Committee on State and Local Governmental Operations.
HR 49. By Representatives Murphy of the 18th and McKinney of the 51st:
A resolution authorizing the granting of certain easements and conveyance of certain state owned real property located in Fulton County, Georgia, to Metro politan Atlanta Rapid Transit Authority (MARTA) and the acceptance of certain real property owned by MARTA located in Fulton County, Georgia, in considera tion therefor.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HR 55. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd and others:
A resolution recognizing and commending Georgia's World War II veterans; pro viding for the permanent display at the James H. "Sloppy" Floyd Veterans Me morial Building of a plaque, flag, and 50 posters depicting important events that took place during World War II.
Referred to Committee on Defense and Veterans Affairs.

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The following reports of standing committees were read by the Secretary:
Mr. President: The Committee on Economic Development, Tourism and Cultural Affairs has had
under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 35. Do pass. SB 132. Do pass.
Respectfully submitted, Senator Broun of the 46th District, Chairman

Mr. President: The Committee on Health and Human Services has had under consideration the fol
lowing bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 68. Do pass by substitute.
SB 93. Do pass.
SR 29. Do pass.
Respectfully submitted, Senator Walker of the 22nd District, Chairman

Mr. President: The Committee on Judiciary has had under consideration the following bill of the
Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 66. Do pass.
Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President:
The Committee on Public Safety has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 34. Do pass. SB 37. Do pass.

SB 199. Do pass. SB 206. Do pass.

SB 84. Do pass.

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

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135

Mr. President: The Committee on Special Judiciary has had under consideration the following bill of
the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 116. Do pass.
Respectfully submitted, Senator Egan of the 40th District, Chairman

The following bills and resolution were read the second time:

SB 32 SB 129

SB 33 SB 170

SB 48 SR 61

SB 51

SB 103

SB 111

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

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

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Not answering were Senators Abernathy and Scott.

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Egan of the 40th introduced Prime Minister Alexander Volkov of the Udmurt Republic of Russia.
Senator Tysinger of the 41st introduced the chaplain of the day, Dr. B. Wiley Stephens, pastor of Dunwoody United Methodist Church, Dunwoody, Georgia, who offered scripture reading and prayer.
Senator Hooks of the 14th introduced the members of the Macon County Mennonite Community, commended by SR 13, adopted previously.

The following resolutions were read and adopted:

SR 111. By Senators Thompson of the 33rd, Clay of the 37th, Tanksley of the 32nd and Isakson of the 21st:
A resolution urging the State Board of Adult and Technical Education to desig nate the new building at Chattahoochee Technical Institute in Marietta, Georgia, as the Jack Vaughan Building.

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SR 112. By Senators Day of the 48th and Balfour of the 9th: A resolution designating 1995 as "Lawrenceville Public Schools Centennial Year".
SR 114. By Senator Broun of the 46th: A resolution recognizing the tenth anniversary of Georgia's Antebellum Trail.
SR 116. By Senators Taylor of the 12th, Hooks of the 14th, Starr of the 44th and others: A resolution recognizing the "Great Flood of 1994 Recovery Day".
Senator Ragan of the llth moved that the following bill be withdrawn from the Senate Economic Development and Tourism Committee and be committed to the Senate Health and Human Services Committee:
SB 123. 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 commissioner; to pro vide for activation of such housing authorities; to provide for an appointing au thority and proposed area of operation.
On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 123 was with drawn from the Economic Development and Tourism Committee and committed to Health and Human Services Committee.
SENATE CALENDAR Friday, January 27, 1995 TENTH LEGISLATIVE DAY
SB 17 ACOG Volunteers--workers' compensation (Substitute) (I&L--4th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on January 26, 1995.)
SR 37 City, County Flying State, U.S. Flag--fly POW flag (D&VA--31st)
SB 8 Criminal Proceedings--husband/wife giving evidence (Substitute) (S Judy-- 45th)
SB 29 Revenue Department--contracting for delinquent tax collection (F&PU--21st)
SB 30 Juvenile Proceedings--certain adjudicatory hearings open (Substitute) (Judy-- 42nd)
SB 50 Liens of Persons Without Privity of Contract--commencement notices (S Judy--29th)
SB 60 Open Alcoholic Beverage in Automobile--unlawful (S Judy--37th)
SB 69 Health--injunction cases filed by Department of Human Resources, boards of health (Judy--10th)

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SB 87 Abandoned Motor Vehicle Liens--attorneys' fees for those foreclosing (Judy-- 54th)
SR 30 CA: General Assembly, Lieutenant Governor, Others--consecutive term limita tions (Substitute) (Ethics--3rd)
HB 90 Income tax; Federal Retiree Refund Act; enact (F&PU--12th)
The following general bill of the Senate, having been read the third time and final action suspended on January 26, pursuant to Senate Rule 143, and placed on the Senate Calendar for today, was continued upon its passage.

SB 17. By Senators Pollard of the 24th, Broun of the 46th and Ray of the 19th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' compensation, so as to provide that any person who performs voluntary service without pay for the Atlanta Committee for the Olympic Games, as designated and authorized by the board of directors of that organization, or for the Atlanta Paralympic Or ganizing Committee, shall be deemed an employee of the organization for pur poses of workers' compensation.
The substitute to SB 17, offered by Senator Pollard of the 24th on January 26, as it appears in the Journal of January 26, was automatically reconsidered and put upon its adoption:
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, was agreed to by substitute.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Ty singer

Those not voting were Senators:

Johnson of 2nd

Scott

Walker

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

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The bill, having received the requisite constitutional majority, was passed by substitute.
The following general bills were read the third time and put upon their passage:

SR 37. By Senator Dean of the 31st:

A resolution urging cities and counties of the State of Georgia to fly the POW flag when the United States and Georgia flags are flown.

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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Johnson of 2nd

Oliver

Scott

On adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority was adopted.

SB 8. By Senators Guhl of the 45th and Thomas of the 10th:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings; to provide conditions regarding when such hus band or wife shall be compellable to give evidence; to limit such evidence.

The Senate Committee on Special Judiciary offered the following substitute to SB 8:

A BILL
To be entitled an Act to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding cer tain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceed ings; to provide conditions regarding when such husband or wife shall be compellable to

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139

give evidence; to limit such evidence; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

SECTION 1.

Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relat ing to certain privileges and confidentiality regarding certain testimony and communica tions of witnesses generally, 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 privi leges 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 the corresponding privilege in 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.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

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Those not voting were Senators:

Hill

Johnson of 2nd

Scott

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 29. By Senators Isakson of the 21st, Ralston of the 51st, Edge of the 28th and others:

A bill to amend Code Section 48-2-6 of the Official Code of Georgia Annotated, relating to the organization of the Department of Revenue and employees and compensation, so as to provide that the commissioner may contract with certain entities for the collection of delinquent taxes and that such contracts shall pro vide for compensation only on a commission or contingency fee basis.

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

On 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow
Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Not voting was Senator Scott.

On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 50. By Senator Langford of the 29th:
A bill to amend Code Section 44-14-361.5 of the Official Code of Georgia Anno tated, relating to liens of persons without privity of contract, so as to change the provisions relating to who shall be required to give a copy of a notice of com mencement to a subcontractor, materialman, or person who makes a written request for such notice; to provide that such notice shall be given by the contrac tor.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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141

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

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Voting in the negative was Senator Black.

Those not voting were Senators:

Henson

Scott

Ray

Walker

On the passage of the bill, the yeas were 51, nays 1. The bill, having received the requisite constitutional majority, was passed.

SB 60. By Senators Clay of the 37th, Egan of the 40th, McGuire of the 30th and Newbill of the 56th:
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 possession of open containers of alcoholic beverages in a motor vehicle; to provide that it shall be unlawful for any person to possess an open container of an alcoholic beverage while operating a motor vehicle or while a passenger in a motor vehi cle.

Senators Langford of the 29th and Madden of the 47th offered the following amendment:
Amend SB 60 by adding following the word "or" on line 7 of page 1 the following:
", under certain circumstances,"
By adding following the word "state" on line 33 of page 2 the following:
"by a person operating such vehicle while in violation of Code Section 40-6-391".
Senator Langford of the 29th asked unanimous consent that the amendment be withdrawn.
The consent was granted and the amendment offered by Senators Langford of the 29th and Madden of the 47th 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 Balfour Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Tysinger Walker

Voting in the negative was Senator Langford.

Those not voting were Senators:

Brown of 26th Gillis

Scott

Turner

On the passage of the bill, the yeas were 51, nays 1. The bill, having received the requisite constitutional majority, was passed.

SB 69. By Senators Thomas of the 10th, Oliver of the 42nd, Hill of the 4th and Marable of the 52nd:

A bill to amend Code Section 31-5-9 of the Official Code of Georgia Annotated, relating to injunctions for enjoining violations of the provisions of this title, so as to exempt certain injunction cases filed by the Department of Human Resources and county boards of health from the automatic supersedeas provisions of Code Section 5-6-13, relating to the granting of supersedeas in cases of contempt; to provide for enforcement by contempt action.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th
Brown of 26th Burton Cagle Cheeks Clay

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

Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st
Kemp Land Langford Madden Marable

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143

McGuire Middleton Newbill Oliver Perdue Pollard

Ragan Ray Slotin Starr Stokes Tanksley

Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Ralston. Not voting was Senator Scott. On the passage of the bill, the yeas were 54, nays 1. The bill, having received the requisite constitutional majority, was passed. Senator Boshears of the 6th introduced the doctor of the day, Dr. Donald Waters, Blackshear, Georgia.

SB 87. By Senator Farrow of the 54th:
A bill to amend Article 1 of Chapter 11 of Title 40 of the O.C.G.A., relating to general provisions relative to abandoned motor vehicles, so as to provide for rea sonable attorney's fees for persons acquiring and foreclosing liens on abandoned motor vehicles; to limit the amount of such fees recoverable; to provide for a hearing in certain instances and for collection of such attorney's fees.

Senators Ralston of the 51st, Farrow of the 54th and Pollard of the 24th offered the following amendment:

Amend SB 87 by striking on line 39 on page 2 the word "$5.00" and substituting in lieu thereof the word "$25.00".
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears
Bowen Broun of 46th
Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Gochenour Griffin Guhl Harbison
Henson Hooks
Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard
Ragan Ralston
Ray Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger

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Those not voting were Senators:

Glanton Hill

Taylor

Walker

On the passage of the bill, the yeas were 52 , nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

SR 30. By Senators Kemp of the 3rd, Farrow of the 54th, Perdue of the 18th and Hooks of the 14th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of Representatives and Senate of the State of Georgia, the Lieutenant Governor, the Secre tary of State, the Attorney General, the State School Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, the Commissioner of Labor, and members of the Public Service Commission; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article III, Section II, Paragraph V of the Constitution is amended by striking subpara graph (a) and inserting in its place a new subparagraph (a) to read as follows:
"(a) (1) The members of the General Assembly shall be elected by the qualified electors of their respective districts for a term of two years and shall serve until the time fixed for the convening of the next General Assembly.
(2) No member of the House of Representatives of the State of Georgia who has served six consecutive full two-year terms of office which began on or after January 1, 1997, shall again be eligible to hold office as a member of the House of Representatives of the State of Georgia until after the expiration of tour years from the conclusion of that person's last term of office.
(3) No member of the Senate of the State of Georgia who has served six consecutive full two-year terms of office which began on or after January 1, 1997, shall again be eligible to hold office as a member of the Senate of the State of Georgia until after the expiration of four years from the conclusion of that person's last term of office."
SECTION 2.
Article IV, Section I, Paragraph I of the Constitution is amended by striking subparagraph (a) and inserting in its place a new subparagraph (a) to read as follows:
"(a) There shall be a Public Service Commission for the regulation of utilities which shall consist of five members who shall be elected by the people. The Commissioners in office on June 30, 1983, shall serve until December 31 after the general election at which the successor of each member is elected. Thereafter, all succeeding terms of members shall be for six years. No member who has served two consecutive full six-year terms of office which began on oFatter January 1, 1997, as a member of the Public Service Commission shall again be eligible to hold office as a member of that body until after the expiration of six years from the conclusion of that person's last term of office. Members shall serve until their successors are elected and qualified. A chairman chairperson shall be selected by the members of the commission from its membership."

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SECTION 3.
Article V, Section I of the Constitution is amended by striking Paragraph III and inserting in its place a new Paragraph III to read as follows:
"Paragraph III. Lieutenant Governor. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. A person who has served two consecutive full four-year terms of office which began on or after January 1, 1997, as Lieutenant Governor shall not again be eligible to hold such office until after the expiration of four years from the conclusion of that person's last term ot office. The Lieutenant Governor shall be the President of the Senate and shall have such executive duties as prescribed by the Governor and as may be prescribed by law not inconsistent with the powers of the Governor or other provisions of this Constitu tion. The compensation and allowances of the Lieutenant Governor shall be as provided by law."
SECTION 4.
Article V, Section III of the Constitution is amended by striking Paragraph I and inserting in its place a new Paragraph I to read as follows:
"Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Ag riculture, and Commissioner of Labor shall be elected in the manner prescribed for the election of members of the General Assembly and the electors shall be the same. Such executive officers shall be elected at the same time and hold their offices for the same term as the Governor. No person who has served two consecutive full four-year terms of office which began on or after January 1, 1997, as Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor shall again be eligible to hold the office in which that person last so served until after the expiration of four years from the conclusion of that person's last term of office."
SECTION 5.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to limit members of the General ( ) NO Assembly to serving six consecutive full two-year terms of office; to limit the
Lieutenant Governor, Secretary of State, Attorney General, State School Su perintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor to serving two consecutive full four-year terms of of fice; and to limit members of the Public Service Commission to serving two consecutive full six-year terms of office?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The Senate Ethics Committee offered the following substitute to SR 30:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of

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Representatives and Senate of the State of Georgia, the Lieutenant Governor, the Secre tary of State, the Attorney General, the State School Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, the Commissioner of Labor, and members of the Public Service Commission; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article III, Section II, Paragraph V of the Constitution is amended by striking subparagraph (a) and inserting in its place a new subparagraph (a) to read as follows:
"(a) (1) The members of the General Assembly shall be elected by the qualified electors of their respective districts for a term of two years and shall serve until the time fixed for the convening of the next General Assembly.
(2) No member of the House of Representatives of the State of Georgia who has served six consecutive full two-year terms of office which began on or after January 1, 1997, shall again be eligible to hold office as a member of the House of Representatives of the State of Georgia until after the expiration of two years from the conclusion of that person's last term of office.
(3) No member of the Senate of the State of Georgia who has served six consecutive full two-year terms of office which began on or after January 1, 1997, shall again be eligible to hold office as a member of the Senate of the State of Georgia until after the expiration of two years from the conclusion of that person's last term of office."
SECTION 2.
Article IV, Section I, Paragraph I of the Constitution is amended by striking subparagraph (a) and inserting in its place a new subparagraph (a) to read as follows:
"(a) There shall be a Public Service Commission for the regulation of utilities which shall consist of five members who shall be elected by the people. The Commissioners in office on June 30, 1983, shall serve until December 31 after the general election at which the successor of each member is elected. Thereafter, all succeeding terms of members shall be for six years. No member who has served two consecutive full six-year terms of office which began on oFat'ter January 1, 1997, as a member of the Public Service Commission shall again be eligible to hold office as a member of that body until after the expiration of six years from the conclusion of that person's last term of office. Members shall serve until their successors are elected and qualified. A chairman chairperson shall be selected by the members of the commission from its membership."
SECTION 3.
Article V, Section I of the Constitution is amended by striking Paragraph III and inserting in its place a new Paragraph III to read as follows:
"Paragraph III. Lieutenant Governor. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. A person who has served two consecutive full four-year terms of office which began on or after January 1, 1997, as Lieutenant Governor shall not again be eligible to hold such office until after the expiration of four years from the conclusion of that person's last term of office. The Lieutenant Governor shall be the President of the Senate and shall have such executive duties as prescribed by the Governor and as may be prescribed by law not inconsistent with the powers of the Governor or other provisions of this Constitu tion. The compensation and allowances of the Lieutenant Governor shall be as provided by law."

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147

SECTION 4.

Article V, Section III of the Constitution is amended by striking Paragraph I and inserting in its place a new Paragraph I to read as follows:
Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Ag riculture, and Commissioner of Labor shall be elected in the manner prescribed for the election of members of the General Assembly and the electors shall be the same. Such executive officers shall be elected at the same time and hold their offices for the same term as the Governor. No person who has served two consecutive full four-year terms of office which began on or after January 1, 1997, as Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor shall again be eligible to hold the office in which that person last so served until after the expiration of four years from the conclusion of that person's last term of office."

SECTION 5.

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to limit members of the General ( ) NO Assembly to serving six consecutive full two-year terms of office; to limit the
Lieutenant Governor, Secretary of State, Attorney General, State School Su perintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor to serving two consecutive full four-year terms of of fice; and to limit members of the Public Service Commission to serving two consecutive full six-year terms of office?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "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.
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 adoption of the resolution by substitute, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen
Burton Cagle Cheeks Clay Crotts Day Dean Edge

Farrow Glanton Gochenour Guhl Hill
Hooks Isakson Johnson of 1st Kemp Land Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard
Ragan Ralston Ray Scott Slotin Starr Tanksley Taylor

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Thompson

Turner Tysinger

Those voting in the negative were Senators:

Abernathy Broun of 46th Brown of 26th Egan Gillis

Griffin Harbison Henson James Johnson of 2nd

Langford Stokes Thomas Walker

On the adoption of the resolution, the yeas were 42, nays 14.
The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

HB 90. By Representatives Buck of the 135th, Baker of the 70th, Birdsong of the 123rd and others:
A bill to amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization, administration, and enforcement, so as to provide for the refund of certain income taxes to certain retired federal employees; to provide for a short title.
Senate Sponsor: Senator Taylor of the 12th.
The following Fiscal Note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 January 11, 1995

The Honorable Thomas B. Buck, III, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 90 (LC 18 6534-ECS)

Dear Chairman Buck:
This Bill introduces The Federal Retiree Refund Act of 1995. The Act responds to claimants who, in the Reich v. Collins case, have been seeking a return of income taxes paid on federal retirement benefits. This case has been alternately before Georgia and United States Courts since 1990. The proposed Act provides a basis for settling the issue, a definition of eligible claims, a procedure for making repayments, and an indication of the maximum overall payback to be expected.
For eligible claimants, Georgia income taxes paid on federal retirement incomes in taxyears 1985, 1986, 1987, and 1988 will be refunded, together with interest at 7-percent sim ple accumulating from due date through October 15, 1995. Four equal payments will be made, the first on October 15th of 1995 and the others on the same date in 1996, 1997, and 1998 respectively. Significantly, these repayments will include a return of 7-percent simple interest on the state's declining repayment liability over the 1995-1998 period.
Under the Act, the state's total repayment liability is estimated to be $109,042,197.36. This total has been derived on the basis of the presumably eligible claims on file with the Department of Revenue. The total implies repayments of $27,260,549.36 each October of

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149

Fiscal Years 1996, 1997, 1998, and 1999. Accordingly, net collections from the personal income tax will be reduced by this latter amount in each of the four fiscal years.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget

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

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

Those voting in the affirmative were Senators:

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

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

On the passage of the bill, the yeas were 56, nays 0. The bill, having received the requisite constitutional majority, was passed.

Pursuant to Senate Rule 177, Senator McGuire of the 30th filed the following explana tion regarding HB 90 with the Secretary:

"I supported this bill only because of the trailer bill which has now been passed by the House which will take care of those persons who did fill out the proper returns. It is my desire to see that all persons who paid these taxes are included."
Senator Perdue of the 18th moved that, pursuant to HR 18, adopted previously, the Senate stand in recess until 5:00 P.M. today, and at that time stand adjourned until 10:00 A.M. on Monday, January 30, 1995; the President announced that the motion prevailed at 11:15 A.M.

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Senate Chamber, Atlanta, Georgia Monday, January 30, 1995 Eleventh Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of Friday, January 27, 1995 proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 370. By Representatives Polak of the 67th, Henson of the 65th, Baker of the 70th, Davis of the 60th, OTSTeal of the 75th and others:
A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain gov ernmental services, known as the "Dekalb County Special Services Tax Districts Act," so as to change the adjusted ad valorem tax millage rate for district serv ices for each special district.
HB 371. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act making provisions for the judge of the Probate Court of Decatur County, so as to provide for the nonpartisan election of the judge of the probate court without a prior nonpartisan primary.
HB 372. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act creating the Board of Commissioners of Decatur County, so as to change the compensation of the chairperson and members of said board.
HB 373. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act providing for the composition of the Board of Education of Decatur County, so as to provide for the nonpartisan election of the members of the board of education without a prior nonpartisan primary.
HB 385. By Representative Greene of the 158th:
A bill to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, as amended, so as to provide for the election of members of the board of education; to provide for education districts.
HB 386. By Representative Greene of the 158th:
A bill to amend an Act which repealed the charter of the City of Omaha and abolished the city, so as to provide for the disposition of the assets and liabili ties, causes of action, accounts, and real and personal property of the City of Omaha.

MONDAY JANUARY 30, 1995

151

HB 3. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Culbreth of the 132nd, Smyre of the 136th and others:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for claims for refunds of certain state income taxes paid with respect to federal pension income; to provide for tax refunds with respect to income taxes owed by a taxpayer.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 185. By Representatives Smyre of the 136th, Murphy of the 18th, Walker of the 141st, Ray of the 128th, James of the 140th and others:
A resolution honoring Fort Valley State College on the occasion of its 100th an niversary.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 228. By Senators Dean of the 31st, Ray of the 19th and Hill of the 4th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to authorize the cre ation of a special school district for school age youth; to provide that the commis sioner of corrections shall serve as superintendent of schools for such special school district; to provide that the Board of Corrections shall serve as the board of education and shall establish education standards.
Referred to Committee on Corrections, Correctional Institutions and Property.
SB 229. By Senators Dean of the 31st, Ray of the 19th and Hill of the 4th:
A bill to amend Article 1 of Chapter 11 of Title 15, relating to juvenile proceed ings, so as to clarify the responsibility of the Department of Corrections with respect to certain juveniles sentenced to the custody of the department; to pro vide that the Department of Corrections shall have certain rights, powers, and responsibilities with respect to certain juveniles sentenced to the custody of such department.
Referred to Committee on Corrections, Correctional Institutions and Property.
SB 230. By Senators Dean of the 31st, Ray of the 19th and Hill of the 4th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to provide statutory authority and to delineate uses for probation detention centers and probation diversion centers; to authorize a trial judge to require certain persons who have been sentenced to not less than one year on probation to complete satisfactorily a program of confinement in a probation detention center as a condition of pro bation.
Referred to Committee on Corrections, Correctional Institutions and Property.

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SB 231. By Senators Ralston of the 51st and Farrow of the 54th:
A bill to amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, so as to change the provisions relating to venue under the long-arm statute.
Referred to Committee on Judiciary.
SB 232. By Senators Brown of the 26th and Ray of the 19th:
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 definitions; to change requirements relating to a written notice for entrants; to clarify exemptions; to change the bond amount; to provide for forfeiture of funds to the state.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 233. By Senators Walker of the 22nd, Ray of the 19th, McGuire of the 30th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a statement of intent; to define certain terms; to provide that genetic testing shall be conducted for certain purposes only; to pro vide that information derived from genetic testing is confidential and privileged; to prohibit genetic testing without the consent of the individual; to prohibit re lease of the results of genetic testing without specific consent of the person test ed.
Referred to Committee on Health and Human Services.
SB 234. By Senators Farrow of the 54th, Oliver of the 42nd and Stokes of the 43rd:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings; to provide conditions regarding when such hus band or wife shall be compellable to give evidence.
Referred to Committee on Judiciary.
SB 235. By Senators Newbill of the 56th, Johnson of the 1st, Gochenour of the 27th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change the provisions relating to charter schools, including the definitions and legislative intent relat ing thereto; to provide for special schools to become charter schools and provide for funding thereof; to change the standards, requirements, and procedures for becoming and remaining charter schools.
Referred to Committee on Education.

MONDAY JANUARY 30, 1995

153

SB 236. By Senators Henson of the 55th, Brown of the 26th, Balfour of the 9th and others:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to repeal certain provisions relating to smoking in public places; to prohibit smoking in certain public places and places of employment except as otherwise provided in this Act; to define certain terms; to provide criminal penalties in connection therewith.
Referred to Committee on Judiciary.
SB 237. By Senators Thomas of the 10th, Walker of the 22nd, Harbison of the 15th and Madden of the 47th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide a short title; to provide a definition; to authorize the Commissioner of Insurance to promulgate rules and regulations concerning the publication of criteria for an accident and sickness plan's termi nation under any preferred or participating provider arrangement.
Referred to Committee on Health and Human Services.
SB 238. By Senators Crotts of the 17th, Guhl of the 45th, Ray of the 19th and others:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements concerning issuance of motor vehicle insurance poli cies, so as to provide that when a check or money order issued in payment of certain types of motor vehicle insurance policies is dishonored, the coverage may be cancelled without notice and voided ab initio; to provide that acceptance of an instrument which is so dishonored shall constitute compliance with prepayment requirements.
Referred to Committee on Insurance and Labor.
SB 239. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th and Burton of the 5th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Governor's Council on Developmental Disabilities; to provide that the council shall serve as the designated state agen cy and state planning council for purposes of carrying out the provisions of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended; to provide for composition of the council.
Referred to Committee on Health and Human Services.
SB 240. By Senators Balfour of the 9th, Edge of the 28th, Madden of the 47th and others:
A bill to amend Article 1 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding eligibility and qualifications for office, so as to provide for random drug testing for certain elected state of ficers; to provide for standards, procedures, and regulations.
Referred to Committee on State and Local Governmental Operations - General.

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SB 241. By Senator Egan of the 40th:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, as amended, so as to provide that certain county contracts for work, labor, or services to be done or supplies, materials, or equip ment to be furnished may be awarded by the board of commissioners without competition under certain conditions.
Referred to Committee on Special Judiciary.
SR 117. By Senators Ralston of the 51st, Edge of the 28th, Newbill of the 56th and others:
A resolution creating the Senate Study Committee on Privatization of State Governmental Services.
Referred to Committee on Rules.
SR 118. 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 Clark, Clayton, Habersham, Hart, Laurens, Mclntosh, Walker, and White Counties, Georgia.
Referred to Committee on Finance and Public Utilities.
SR 119. By Senator Kemp of the 3rd:
A resolution authorizing the conveyance of certain state owned real property located in Liberty County, Georgia.
Referred to Committee on Finance and Public Utilities.
SR 121. By Senators Marable of the 52nd, Dean of the 31st, Hill of the 4th and others:
A resolution creating the Joint Elder Abuse Study Commission.
Referred to Committee on Rules.
SR 122. By Senators Broun of the 46th, Perdue of the 18th, Johnson of the 1st and others:
A resolution creating the Educators Technology Training Commission; provid ing for the commission to undertake a comprehensive study and develop a com prehensive plan with respect to the training of Georgia educators in the use of technology; providing for the membership, powers, duties, and operation of the commission.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SR 123. By Senators Guhl of the 45th and Crotts of the 17th:
A resolution designating the Purple Heart Highway.
Referred to Committee on Transportation.

MONDAY JANUARY 30, 1995

155

SR 125. By Senators Marable of the 52nd, Dean of the 31st and Hill of the 4th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law authorize local school systems to re ceive and use proceeds of special purpose county sales and use taxes for capital outlay projects for educational purposes; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Education.
The following bills of the House were read the first time and referred to committees:
HB 3. By Representative Buck of the 135th:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for claims for refunds of certain state income taxes paid with respect to federal pension income; to provide for tax refunds with respect to income taxes owed by a taxpayer.
Referred to Committee on Finance and Public Utilities.
HB 370. By Representatives Polak of the 67th, Henson of the 65th, Baker of the 70th and others:
A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain gov ernmental services, known as the "Dekalb County Special Services Tax Districts Act," so as to change the adjusted ad valorem tax millage rate for district serv ices for each special district.
Referred to Committee on State and Local Governmental operations.
HB 371. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act making provisions for the judge of the Probate Court of Decatur County, so as to provide for the nonpartisan election of the judge of the probate court without a prior nonpartisan primary.
Referred to Committee on State and Local Governmental Operations.
HB 372. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act creating the Board of Commissioners of Decatur County, so as to change the compensation of the chairperson and members of said board.
Referred to Committee on State and Local Governmental Operations:
HB 373. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act providing for the composition of the Board of Education of Decatur County, so as to provide for the nonpartisan election of the members of the board of education without a prior nonpartisan primary.
Referred to Committee on State and Local Governmental Operations.

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HB 385. By Representative Greene of the 158th:
A bill to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, as amended, so as to provide for the election of members of the board of education; to provide for education districts.
Referred to Committee on State and Local Governmental Operations.
HB 386. By Representative Greene of the 158th:
A bill to amend an Act which repealed the charter of the City of Omaha and abolished the city, so as to provide for the disposition of the assets and liabili ties, causes of action, accounts, and real and personal property of the city of Omaha.
Referred to Committee on State and Local Governmental Operations.
The following report of a standing committee was read by the Secretary:
Mr. President: The Committee on State and Local Governmental Operations has had under consider
ation the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 99. Do pass as amended.
Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills and resolution were read the second time:

SB 34 SB 93

SB 35 SB 116

SB 37 SB 132

SB 66 SB 199

SB 68 SB 206

SB 84 SR 29

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

Balfour
Black Blitch
Boshears
Bowen Broun of 46th
Brown of 26th Burton
Cagle Cheeks Clay Day
Dean Edge Egan Farrow Gillis Gochenour

Griffin Guhl Harbison Henson Hill Hooks Isakson James
Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott
Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger Walker

MONDAY JANUARY 30, 1995

157

Those not voting were Senators:

Abernathy Crotts

Glanton

Thompson

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Johnson of the 1st introduced the chaplain of the day, Reverend Sam G. Rog ers, pastor of Isle of Hope United Methodist Church, Savannah, Georgia, who offered scrip ture reading and prayer.
Senator Oliver of the 42nd introduced the doctor of the day, Dr. J.R.B. Hutchinson, Atlanta, Georgia.
Senator Clay of the 37th moved that Senator Thompson of the 33rd be excused from the Senate today for medical reasons.
On the motion the yeas were 36, nays 0; and Senator Thompson of the 33rd was ex cused from the Senate today.
The following resolutions were read and adopted:
SR 120. By Senators Pollard of the 24th and Cheeks of the 23rd:
A resolution recognizing the month of May, 1995, as "Motorcycle Awareness and You Month" in Georgia.
SR 124. By Senators Harbison of the 15th, Henson of the 55th, Thomas of the 10th and others:
A resolution honoring Mr. John Parrish.
SR 126. By Senators Burton of the 5th, Walker of the 22nd, Griffin of the 25th and others:
A resolution expressing regret at the passing of Joseph Clifton McCoy.
HR 185. By Representative Smyre of the 136th:
A resolution honoring Fort Valley State College on the occasion of its 100th an niversary and for other purposes.

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

SENATE LOCAL CONSENT CALENDAR
Monday, January 30, 1995 ELEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

*SB 99 Glanton 34th James 35th Scott 36th Abernathy 38th Slotin 39th Egan 40th Newbill 56th Day 48th EAST POINT/FULTON COUNTY
An Act providing for the establishment of a county-wide library system in Fulton County approved April 12, 1982 as amended so as to provide for the ap plication of said Act to the City of East Point. (AMENDMENT)

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

*SB 99:

The Senate State and Local Governmental Operations Committee offered the following amendment:

Amend SB 99 by striking from line 17 on page 1 the words "authorize or".
By striking on line 19 the period and quotation marks and by adding at the end of line 19 the following:
"P,oninotr.'s"hall Fulton County be compelled to construct any library within the City of East

On the adoption of the amendment, the yeas were 53, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as reported, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour Black
Blitch
Boshears Bowen
Broun of 46th Brown of 26th
Burton Cagle Cheeks Clay

Crotts Day
Dean
Edge Egan
Farrow Gillis
Glanton Gochenour Griffin Guhl

Harbison Henson
Hill
Hooks Isakson
James Johnson of 2nd
Johnson of 1st Kemp Land Langford

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159

Madden Marable McGuire Middleton Newbill Oliver Perdue

Pollard Ragan Ralston Ray Scott Slotin Starr

Stokes Tanksley Taylor Thomas Turner Tysinger

Those not voting were Senators:

Abernathy

Thompson (excused)

Walker

On the passage of the local bill, the yeas were 53, nays 0.
The bill on the Senate Local Calendar, having received the requisite constitutional majority, was passed as amended.

SENATE CALENDAR
Monday, January 30, 1995 ELEVENTH LEGISLATIVE DAY

SB 30 Juvenile Proceedings--certain adjudicatory hearings open (Substitute) (Judy-- 42nd)
SB 32 Solid Waste Facilities--limit number in any given area (Substitute) (Nat R-- 36th)
SB 33 Elections--display U.S. flag at polling places (SLGO-G--52nd)
SB 48 Speed Limit--determination in certain construction sites (Amendment) (Trans--17th)
SB 51 Insurance--policy cancellation, penalties (Amendments) (I&L--29th)
SB 103 Financial Institutions--rules, regulations on powers (Substitute) (B&FI--8th)
SB 111 Boat Safety--crime of homicide by vessel (Nat R--50th)
SB 129 Automobile Insurance Premium Reduction, Drivers Under Age 25--require ments (I&L--33rd)
SB 170 Public Disclosure Exemptions--certain locations of historic property (Amend ment) (Nat R--40th)
SR 61 CA: Bills Increasing Taxes, Fees--two-thirds General Assembly vote (F&PU-- 14th)
The following general bills and resolution of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SB 30. By Senators Oliver of the 42nd, Farrow of the 54th, Ray of the 19th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the admission of the general public to adjudicatory hearings involving an allegation of a desig nated felony, an allegation of delinquency of a child who has previously been adjudicated delinquent, and, at the court's discretion, other juvenile court pro ceedings.
Senator Oliver of the 42nd moved that SB 30 be postponed until February 1, 1995.

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On the motion, the yeas were 36, nays 0, and SB 30 was postponed until February 1 1995.

SB 33. By Senators Marable of the 52nd, Dean of the 31st, Ray of the 19th and Hill of the 4th:

A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the display of the United States flag at each polling place on election day.

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

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 Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger Walker

Voting in the negative were Senators Blitch and Griffin.

Those not voting were Senators:

Abernathy

Cheeks

Thompson (excused)

On passage of the bill, the yeas were 51, nays 2.
The bill, having received the requisite constitutional majority, was passed.
SB 48. By Senators Crotts of the 17th, Isakson of the 21st, Bowen of the 13th and others:
A bill to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions on streets and highways, so as to pro vide that the Department of Transportation and the governing authority of any county or municipal corporation shall be authorized to establish maximum speed limits in construction sites on or adjacent to any public street or highway.

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The Senate Committee on Transportation offered the following amendment:

Amend SB 48 by inserting on line 30 of page 2 the following: "guilty of a misdemeanor of a high and aggravated nature and shall be".

Senator Burton of the 5th offered the following amendment:

Amend the committee amendment to SB 48 by adding on line 3 after the number 2 the following:
"after the word Tje' and before the word 'punished'"
On the adoption of the amendment the yeas were 42, nays 0, and the Burton amend ment to the committee amendment was adopted.
On the adoption of the committee amendment the yeas were 38, nays 0, and the Trans portation 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 Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger Walker

Not voting was Senator Thompson (excused).

On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

SB 51. By Senators Langford of the 29th and Madden of the 47th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to revise the definition of premium; to au thorize the charging of a penalty with regard to the cancellation of policies under certain conditions; to clarify what shall be considered a nonrenewal with regard to certain property insurance policies.

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The Senate Committee on Insurance and Labor offered the following amendment:

Amend SB 51 by adding on line 4 of page 1 after the word "penalty" and before the word "with" the following:
"on the refund of unearned premium".
By striking lines 26 through 33 of page 1 and lines 1 through 28 of page 2 and inserting in lieu thereof the following:
"Said chapter is further amended by adding a new subsection (g) to Code Section 33--24-- 44, relating to cancellation of insurance policies generally, to read as follows:
'(g) Any unearned premium which has been paid by the insured may be refunded to the insured on other than a pro rata basis if:
(1) The cancellation results from failure of the insured to pay, when due, any premium to the insurer or any amount, when due, under a premium finance agreement;
(2) The policy contains language which specifies that a penalty may be charged on unearned premium; and
(3) The method of computing such penalty is filed with the Commissioner in accord ance with Chapter 9 of this title.'"

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

Those voting in the affirmative were Senators:

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

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger Walker

Not voting was Senator Thompson (excused).

On the adoption of the amendment, the yeas were 55, nays 0; and the amendment was adopted.

The Senate Committee on Insurance and Labor offered the following amendment:

Amend SB 51 by striking lines 35 through 41 of page 2 and inserting in lieu thereof the following:
"'(1) "Nonrenewal" or "nonrenewed" means a refusal by a insurer or an affiliate of an insurer to renew. Failure of an insured to pay the premium as required by the insured for renewal after the insurer has manifested his or her willingness to renew by delivering a renewal policy, renewal certificate, or other evidence of renewal to the named insured or his or her representative or has offered to issue a renewal policy, certificate, or other

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evidence of renewal or has manifested such intention by any other means shall not be construed to be a nonrenewal.TM
On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Thomas Turner Tysinger Walker

Those voting in the negative were Senators:

Blitch

Brown of 26th

Taylor

Not voting were Senators Oliver and Thompson (excused).

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

SB 103. By Senators Turner of the 8th, Starr of the 44th, Hooks of the 14th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to clarify the intention of the General Assembly; to define and redefine certain terms; to change the restrictions rela tive to the commissioner, deputy commissioners, and examiners; to provide that fees collected by the department shall be deposited with the Office of Treasury and Fiscal Services.

The Senate Committee on Banking and Financial Institutions offered the following substitute to SB 103:

A BILL
To be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to clarify the intention of the General Assembly; to define and redefine certain terms; to change the restrictions relative to the commissioner, deputy commissioners, and examiners; to provide that fees collected by the department shall be deposited with the Office of Treasury and Fiscal Services; to provide that the commissioner shall have the authority to promulgate rules and regulations relat ing to the powers of financial institutions under certain conditions; to provide that the com missioner shall consider certain criteria when exercising discretionary authority to

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promulgate rules and regulations; to revise provisions relative to examinations of financial institutions; to authorize the commissioner to waive the requirement for the publication of summaries of reports of condition under certain conditions; to change the provisions relat ing to the removal of officers, directors, and employees of financial institutions; to authorize the commissioner to enter into cooperative or reciprocal agreements and furnish or ex change information with other state or federal regulatory authorities; to expand the corpo rate powers of banks or trust companies; to enlarge the operational powers of banks or trust companies; to provide that banks may acquire and hold for their own accounts shares of stock or partnership interests in a corporation or partnership engaged in the develop ment of low and moderate-income housing, job training and job placement programs, credit counseling, public education regarding financial matters, small business development, and other similar purposes; to change the provisions relating to security for certain deposits; to provide that banks may keep fiduciary funds in the commercial department of an affiliate under certain conditions; to delete the requirement that the department approve the issu ance of common and preferred shares authorized by the articles of banks; to delete the requirement that the department approve employee share plans; to modify the provisions relating to financing involving directors and policy-making officers; to change the filing requirements relating to merger or consolidation and the publication of notice; to provide that the parties to a merger or consolidation shall also file an application with the depart ment; to provide that the department shall conduct an investigation upon receipt of the articles of merger or consolidation, the notice of merger, and other filings and render a decision approving or disapproving the articles of merger or consolidation; to provide for notice to the Secretary of State and the method thereof; to change the provisions relating to mergers or consolidations and the publication of notice relative thereto; to define and rede fine certain terms relative to representative offices and out-of-state banks; to provide for the establishment of representative offices by banks domiciled in this state and outside this state; to provide that the department shall provide for the registration of banks or bank holding companies having representative offices in this state; to provide for the registration of banks and bank holding companies conducting agency relationships; to provide that agency relationships must be reflected in a written agreement; to change the provisions relating to the expansion or extension of existing bank facilities, automated teller ma chines, and point-of-sale terminals; to delete the requirement that the department shall file with the Secretary of State any amendment to the bylaws of a credit union which changes the field of membership proposed in the original articles or as subsequently amended; to change the requirements relating to the posting of a corporate surety bond or bonds; to change provisions relative to the issuance and expiration of licenses to engage in the busi ness of selling checks or money orders; to provide that the department shall issue regula tions relating to the renewal of licenses to engage in the business of selling checks or money orders; to change provisions relative to the issuance, expiration, and fees for licenses to engage in the business of cashing checks, drafts, or money orders for consideration; to pro vide that the department shall issue regulations relating to the renewal of licenses to en gage in the business of cashing checks, drafts, or money orders for consideration; to provide that the department shall by regulation establish the license period for international bank ing corporations; to delete the requirement that the license be conspicuously displayed; to provide that the department shall by regulation establish the registration period and regis tration fee of international representative offices; to prohibit certain acts relative to the purchase of mortgage loans; to provide for the deposit of certain fees in the general fund of the state; to provide for related matters; to provide for editorial revision; to repeal conflict
ing laws; and for other purposes.

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165

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institu tions, is amended by adding between paragraphs (1) and (2) of Code Section 7-1-4, relating to definitions, a new paragraph (1.5) to read as follows:
"(1.5) 'Agency relationship' is a relationship created by a contractual agreement whereby a financial institution agrees with a third party, including another financial institution, to act in a principal or agent capacity to facilitate the conduct of activities related to the business of banking, which activities are currently authorized under this chapter or under other applicable law."
SECTION 2.
Said chapter is further amended by striking paragraphs (7) and (21) of Code Section 7-1-4, relating to definitions, and inserting in lieu thereof new paragraphs (7) and (21) to read as follows:
"(7) 'Bank' means a corporation existing under the laws of this state on April 1, 1975, (including a regulated nei lificated bank), or organized under this chapter and author ized to engage in the business of receiving deposits withdrawable on demand or depos its withdrawable after stated notice or lapse of time; 'bank' shall also include national banks located in this state for the purpose of Part 6 of Article 2 of this chapter, relating to deposits, safe-deposit agreements, and money received for transmission, and Article 8 of this chapter, relating to multiple deposit accounts; provided, however, that "bank" shall not include a credit union, a building and loan association, a savings and loan association, or a licensee under Article 4 of this chapter.
"(21) 'Financial institution' means:
(A) A bank;
(B) A trust company;
(C) A building and loan association;
(D) A credit union;
(E) A corporation licensed to engage in the business of selling checks in this state on April 1, 1975, or so licensed pursuant to Article 4 of this chapter;
(F) Business development corporations existing on April 1, 1975, pursuant to the former 'Georgia Business Development Corporation Act of 1972, approved April 3, 1972 (Ga. L. 1972, p. 798), or organized pursuant to Article 6 of this chapter;
(G) An international bank agency doing business in this state on April 1, 1975, pur suant to the former 'International Bank Agency Act,' approved April 6, 1972 (Ga. L. 1972, p. 1140), or authorized to do business in this state pursuant to Article 5 of this chapter; and
(H) In addition, as the context requires, a national bank, savings and loan associa tion, or federal credit union for the purpose of the following provisions:
(i) Code Section 7-1-2, relating to findings of the General Assembly;
(ii) Code Section 7-1-3, relating to objectives of this chapter;
(iii) Code Section 7-1-8, relating to supplementary principles of law;
(iv) Code Section 7-1-37, relating to restrictions on officials and personnel;
(v) Code Section 7-1-70, relating to disclosure of information;
(vi) Code Section 7-1-90, relating to judicial review of department action;
(vii) Subsection (d) of Code Section 7-1-91, relating to orders to desist from conduct illegal under the laws and regulations of this state;

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(viii) Code Section 7-1-94, relating to the evidentiary results of examinations and investigations;
(ix) Code Sections 7-1-111 and 7-1-112, relating to emergency closings;
(x) Code Sections 7-1-110 and 7-1-294, relating to permissive closings;
(xi) Code Section 7-1-133, relating to prohibited advertising;
(xii) Paragraph (10) of Code Section 7-1-261, relating to additional operational powers of banks and trust companies;
ferirXxiii) Paragraph (3) of subsection (a) of Code Section 7-1-394, relating to crite ria to be considered in approving new banks;
(xiiiXxiv) Code Section 7-1-658, relating to loans;
(AJV)(XV) Code Section 7-1-840, relating to criminal prosecutions; and
frcvKxvi) Code Section 7-1-841, relating to application of Title 16 provisions; and
(XVJ.} 1_/OC1G kjGCLiuil I ~ JL~O i , i'clfl.tii.1^ tO lllcjjjiai ^ilLS &ilu itTt6TcSL&.
(I) For the purposes of Code Section 7-1-61, 'financial institution' shall also include a bank holding company as defined in Code Section 7-1-605; aiT3
(J) For the purposes of paragraph (10) of Code Section 7-1-261, relating to agency 'relationships, 'financial institution' shall include banks chartered by states other than Georgia."
SECTION 3.
Said chapter is further amended by striking subsection (b) of Code Section 7-1-7, relating to publication of notices or advertisements, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The department may waive or modify any requirement to publish a notice:
(1) In order to facilitate a merger, consolidation, or sale of assets pursuant to para graph (3) of subsection (c) of Code Section 7-1-601, whether with an existing bank or a bank newly organized as a successor to a failing bank; or
(2) Whenever it determines that multiple publications are required to facilitate a series of transactions without commensurate public benefit being served by the second or other further publication of substantially the same transaction as was the subject of the first publication; or
(3) By regulation, whenever it determines that a lesser number of publications will reduce administrative burden and will adequately serve the public benefit of the no tice; provided, however, in no event shall the regulation provide for the publication of a notice tor less than once a week for two weeks."
SECTION 4.
Said chapter is further amended by striking Code Section 7-1-37, relating to restrictions on the commissioner, deputy commissioners, and examiners, in its entirety and inserting in lieu thereof a new Code Section 7-1-37 to read as follows:
"7-1-37.
(a) Except as provided in subsections (c) and (d) of this Code section, neither the commis sioner, any deputy commissioner, nor any examiner employed by the department shall directly or indirectly:
(1) Receive any money or property as a loan, gift, or otherwise from or become indebted to any financial institution or from or to any director, officer, agent, employee, attor ney, or subsidiary of a financial institution;
(2) Own any share in or securities of a financial institution or otherwise have an own ership interest in a financial institution; or

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(3) Engage in the business of a financial institution.
(b) For purposes of subsection (a) this Code section, the term 'financial institution' shall include a bank holding company and any subsidiary of a bank holding company.
(c) Notwithstanding the provisions of subsection (a) of this Code section, the The commissioner, any deputy commissioner, and examiners employed by the department may bor row money from and otherwise deal with any financial institution or subsidiary thereof existing under the laws of the United States or of any state other than this state, pro vided said the obligee financial institution or subsidiary is not examined or regulated by the department. For~the purposes of this subsection, a financial institution shall not be considered regulated[solely because it is required to file an exemption from licensing under Code Section 7-1-1001 or solely because it is ei, as to thu uomiiiissiuiiei aiid-(te st.3tu.tory ciGpiity comniiss10usi* rfitjiiii cu uncial1 tits ^piovisions or vJocufi oticLiOti i J.~uo, owned or controlled by another bank or corporation which is or may be examined or regu lated by the department. All When such financial institution is domiciled within this slate, all undertakings, incIuHing but not limited to such permitted loans, which obligate the commissioner or any deputy commissioner to such a financial institution or subsidi ary, directly or contingently by way of guaranty, endorsement, or otherwise, or which renew or modify existing obligations shall be reported by the individual concerned to the Attorney General in writing, within ten days after the execution thereof, showing the nature of the undertaking and the amount and terms of the loan or other transaction. All undertakings of a similar nature to those set forth above on the part of any examiner shall be reported to the commissioner within ten days after the execution thereof.
(d) Nothing in this Code section shall prohibit the commissioner, any deputy commis sioner, or any examiner of the department from maintaining a deposit in any financial institution, purchasing banking services other than credit services, or owning a single share in a credit union in the ordinary course of business and under rates and terms generally available to other customers of the financial institution. The provisions of this Code section shall not be applicable in the cases of a lender credit card obligation to a financial institution where the maximum outstanding credit may not exceed $0,000.00 $10,000.00 nor to a consumer loan not in excess of $20,000.00 made to the employee where the money, property, or services which are the subject of the transaction are pri marily for personal, family, or household purposes, nor to a mortgage loan or loans se cured by the employee's personal residence, nor to any other credit obligation fully secured by the pledge of a deposit account in the lending institution, provided where the rates and terms of all such obligations are not preferential in comparison to similar obli gations of the financial institution's other customers. Such exempt obligations shall, how ever, be reported as provided in subsection (c) of this Code section.
(e) No examiner, which for the purposes of this Code section shall include a supervisor as denned by the department, may examine a financial institution to which he or she is indebted, nor may an examiner obtain credit from a financial institution if he or she has examined such financial institution in the prfceding 12 months. An examiner who wishes to borrow funds from any financial institution he or she has examined in the past five years must first obtain the written permission of the commissioner.
(e)(f) No director, officer, agent, employee, or attorney of a financial institution, individually~or in his or her official capacity, shall knowingly participate in a violation of this Code section. However, nothing in this Code section shall restrict the right of the com missioner, any deputy commissioner, or any examiner to deal as any other consumer with such director, officer, agent, employee, or attorney in the ordinary course of business in consumer areas of trade or commerce not regulated by the department and under terms and conditions which are not preferential.
(rKg) The Any commissioner, any deputy commissioner, or any examiner employed by the department who shall violate or participate in a violation of this Code section shall be guilty of a misdemeanor. Violation of this Code section shall be grounds for removal from office.

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(gXh) The commissioner may adopt additional supplementary administrative or depart mental rules governing ethical conduct and conflicts of interest on the part of employees of the department."

SECTION 5.

Said chapter is further amended by striking Code Section 7-1-43, relating to disposition of fees collected and payment of expenses from appropriations, in its entirety and inserting in lieu thereof a new Code Section 7-1-43 to read as follows:
"7-1-43.
Fees prescribed by this chapter shall be collected by the department and deposited with the Deyai UmjiiL uf Administrative Services Office of Treasury and Fiscal Services. All of the expenses incurred in connection with the conduct of the business of the department shall be paid out of the appropriations of funds to the department by the General Assembly. Such expenses shall include all expenses incurred as travel expenses by per sonnel of the department when away from their official station as assigned by the commissioner."

SECTION 6.

Said chapter is further amended by striking Code Section 7-1-61, relating to rules and regulations, in its entirety and inserting in lieu thereof a new Code Section 7-1-61 to read as follows:
"7-1-61.

(a) The department shall have the authority to promulgate rules and regulations to effec tuate the objectives or provisions of this chapter. Without limiting the generality of the foregoing, the department is expressly authorized to make rules and regulations, consis
tent with this chapter, relating to organization, operations, and powers of financial insti tutions to:

(1) Enable financial institutions existing under the laws of this state to compete fairly with financial institutions and others providing financial services in this state existing under the laws of the United States, other states, or foreign governments; or

(2) Protect financial institutions jeopardized by new economic or technological conditions.

(b) In the exercise of the discretion permitted by this Code section, the commissioner shall consider:

(1) The ability of financial institutions to exercise any additional powers in a safe and sound manner;

(2) The authority of national banks operating pursuant to federal law, regulation, or

authoritative pronouncement;

*

(3) The powers of other entities providing financial services in this state; and

(4) Any specific limitations on bank operations or powers contained in this chapter.

(bXc) Rules and regulations promulgated by the department may provide for controls and restrictions reasonably necessary to prevent unfair or deceptive business practices which are prohibited under Code Section 10-1-393 or which would unfairly operate to the detri
ment of any competing business or enterprise or to persons utilizing the services of any financial institution, its subsidiary, or affiliate.

fcXd) All rules and regulations shall be promulgated in accordance with Chapter 13 of
Title" 50, the 'Georgia Administrative Procedure Act,' including the requirements for hearing as stated in that chapter. Regulations issued under this or other provisions of this chapter may make appropriate distinctions between types of financial institutions and may be amended, modified, or repealed from time to time."

MONDAY JANUARY 30, 1995

169

SECTION 7.
Said chapter is further amended by striking Code Section 7-1-64, relating to department examinations and investigations and disclosure of information or prior notice regarding examinations of financial institutions, in its entirety and inserting in lieu thereof a new Code Section 7-1-64 to read as follows:
"7-1-64.
(a) Except as otherwise provided in subsection (b) of this Code section, the The department shall examine all financial institutions at least once each year and may examine or investigate any financial institution more frequently at any time it deems such action necessary or desirable. At least once annually the examination shall consist of a compre hensive review of the accounts, records, and affairs of the institution.
(b) The department may, consistent with the objectives of this chapter and the purposes listed below alter the examination frequency and scope as set out in subsection (a) of this Code section:
(1) To achieve cooperation and coordination with other state and federal regulatory authorities including but not limited to examination programs of banks or bank hold ing companies having multistate operations;
(2) To assure that appropriate time and attention is devoted to the supervision of trou bled financial institutions; or
(3) To minimize the examination burden on well-managed financial institutions which have consistently been operated with safe and sound banking practices.
In the case of a financial institution which is a member of the Federal Reserve System or whose deposits are insured by a public body of the United States, the depart ment may accept, in lieu of any examination required by this Code section, examinations or reports thereof made pursuant to the Federal Reserve Act or statutes of the United States authorizing such insurance.
Employees of the department shall not divulge any information or prior notice, directly or indirectly, to any officer, director, agent, representative, or employee of a fi nancial institution concerning the time or date of examination of the financial institution except in accordance with internal policy prescribed by the commissioner. Employees vio lating the policy of the commissioner relating to information or prior notice concerning examinations shall be subject to immediate dismissal."
SECTION 8.
Said chapter is further amended by striking subsection (c) of Code Section 7-1-68, relating to reports to the department, publication of summaries, and penalty for noncompliance, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Every financial institution shall publish annually abstract summaries of two of its reports of condition designated for this purpose by the department and shall file proof of such publication with the department. Such publication shall be made only once in a newspaper of general circulation in the county of the registered office of the institution. The department may waive this requirement, in whole or in part, with respect to finan cial institutions which make their financial statements readily available to the public, including their customer base, and with respect to a class of financial institutions which does not do business with the public generally and may limit the required publication to the customer base served by the institution."

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SECTION 9.
Said chapter is further amended by striking Code Section 7-1-71, relating to removal of officers, directors, or employees, in its entirety and inserting in lieu thereof a new Code Section 7-1-71 to read as follows:
"7-1-71.
(a) The department shall have the right to require the immediate suspension from office of any director, officer, or employee of any financial institution who shall be found by it to be dishonest, incompetent, or reckless in the management of the affairs of the financial institution or persistently to have violated the laws of this state or the lawful orders or regulations of the department, who shall have been indicted for any crime involving moral turpitude or breach of trust, or who shall have filed foi piutectiun from creditors
UiiClSr til6 LjctiiKj'UptC_y 1<1WS Ot LlliS Stj&L^ Ci"~~l.n.6"~LJiliw3Cl oCfl.tGS "dtillcJt1 111 3il iilO.iVIQ11 til
capacity 01 In the name of any majority owned corporate interest evidenced an inability to conduct his or her own financial affairs or the affairs of a company in which such individual owns a majority interest in a fiscally responsible or lawful fashion?
(b) Any person suspended under subsection (a) of this Code section may request his or her reinstatement in writing delivered to the department within ten days of his orher suspension. If such reinstatement is not requested, the director, officer, or employee shall be considered permanently removed.
(c) Upon request for reinstatement, the department shall conduct a hearing to determine if the reinstatement should be granted or the removal made permanent. The decision of the department shall be conclusive, except as it may be subject to judicial review under Code Section 7-1-90."
SECTION 10.
Said chapter is further amended by adding at the end of Part 3 of Article 1 a new Code Section 7-1-78 to read as follows:
"7-1-78.
(a) The department may, at its discretion, enter into cooperative or reciprocal agree ments with other state or federal regulatory authorities and may furnish to such authori ties information contained in the examinations, reports, and institution files, provided the information is to be used for confidential, regulatory purposes.
(b) Furnishing information as permitted by this Code Section shall not be deemed to change the confidential character of the information furnished.
(c) The department may accept reports of examination and other records from such au thorities in lieu of conducting its own examination.
(d) The department may take such actions as are reasonably necessary, either indepen dently or with such regulatory agencies, to facilitate the regulation of financial services providers doing business in this state."
SECTION 11.
Said chapter is further amended by striking paragraph (7) of Code Section 7-1-260, relating to general corporate powers, and inserting in lieu thereof a new paragraph (7) to read as follows:
"(7) To make, irrespective of corporate benefit, loans, investments, contributions, and donations for community development and the promotion of the public welfare or for other religious, charitable, scientific, educational, hospital, civic, or similar purposes and in time of war or other national emergency in aid of the national effort with respect thereto;".

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171

SECTION 12.
Said chapter is further amended by striking paragraphs (9) and (10) of Code Section 7-1261, relating to additional operational powers, and inserting new paragraphs (9) through (11) to read as follows:
"(9) To hold property lawfully held on April 1, 1975, irrespective of any restriction or limitation in this chapter, subject to the inclusion of any such property in any computa tion of limitation on the acquisition of property of like character under this chapter; and
(10) To enter into an agency relationship as defined in Code Section 7-1-4 subject to restrictions and qualifications prescribed by regulations of the department;
(0X11) To have and exercise all powers necessary or convenient to effect any and all purposes for which the bank or trust company is organized including those authorized to subsidiaries of the bank or trust company pursuant to subparagraph (c)(2)(F) of Code Section 7-1-288 and to carry on a banking or trust business consistent with the objectives of this chapter and the regulations of the department."
SECTION 13.
Said chapter is further amended by striking the word "and" at the end of paragraph (2) of subsection (c) of Code Section 7-1-288, relating to a bank's corporate stock and securities, by striking the period at the end of paragraph (3) and inserting in lieu thereof a semicolon and the word "and", and by adding a new paragraph (4) to read as follows:
"(4) Shares of stock or partnership interests in a corporation or partnership the pri mary business of which, as determined by the department, is to promote the public welfare or community development by engaging in the development of low and moder ate-income housing, job training and job placement programs, credit counseling, public education regarding financial matters, small business development, and other similar purposes. The ability to invest in such stock or partnership interests shall also be sub ject to such limitations and approval procedures as the department deems necessary in order to assure that such investments are not a safety and soundness concern."
SECTION 14.
Said chapter is further amended by striking Code Section 7-1-289, relating to security for deposits, in its entirety and inserting in lieu thereof a new Code Section 7-1-289 to read as follows:
"7-1-289.
(a) A bank may, unless otherwise specifically approved in writing by the department, pledge or otherwise grant security interests in its assets to secure deposits of:
(1) Public funds;
(2) Funds of a pension fund for employees of a public body of the state;
(3) Funds for which a public body of the state or an officer or employee thereof or any court of law is the custodian or trustee pursuant to statute;
(4) Funds held by the department as receiver;
(5) Funds which are required to be secured by law or by an order of a court;
\\j) 111 Lllti C3.SC 01 Si DflHitTViliCil IS 3.1 SO 3. Li'LL&L CGIYlpclii.^, lU-iiuS lltiil ni & tluUCi&iy CHplC~
ity ciiiQ u^po&it^u in triG conuQi^ici&i utspcii'tiiitiiit ptii'susiit to \JOQS SfcCLiOii / ~ J.~u J. i, HUCI
(6) Its own fiduciary funds or the fiduciary funds of an affiliate. In either case, the funds shall be deposited with the pledging institution and held in its commercial de partment; and

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(7) Public funds deposited in another bank.
(b) A bank may not pledge or otherwise grant security interests in its assets as security for deposits other than these covered by the deposits listed in subsection (a) of this Code section."
SECTION 15.
Said chapter is further amended by striking paragraph (3) of Code Section 7-1-311, relating to operations as a fiduciary, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Keep fiduciary funds awaiting investment or distribution in deposits in an author ized financial institution (including, in the case of a trust company which is also a bank, its own commercial department or the commercial department of an affiliate as provided in Code Section 7-1-289) which is insured or, to the extent of any deficiencies in insurance coverage, fully secured by a pledge or assignment of bonds or obligations of the United States, this state, or a public body of either or other obligations guaran teed as to principal and interest by the United States, this state, or a public body of either or real estate loans secured by a first lien or security title to improved realty and insured pursuant to any title of the National Housing Act. The beneficial owners of such uninvested funds shall have a first and prior lien on such security;".
SECTION 16.
Said chapter is further amended by striking subsection (a) of Code Section 7-1-416, relating to the method of issuance of common and preferred shares authorized by the articles, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Unless more restrictive procedures are stated in the articles, the board of directors may, by resolution duly adopted, issue from time to time, in whole or in part, common or preferred shares authorized by the articles, subject to the approval of the department"
SECTION 17.
Said chapter is further amended by striking subsection (e) of Code Section 7-1-488, relating to agents, officers, and employees and employee share plans, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) (1) Except as otherwise provided in the articles, a bank or trust company may adopt and carry out a plan, approved by the directors, the department, and the affirma tive vote of a majority of the shares entitled to vote thereon, for the sale of shares, or for the granting of options for shares, to some or all of the officers and employees of the bank or trust company or of any affiliate of the bank or trust company or to a trustee on behalf of such employees, upon such terms and conditions and in such manner as may be provided by the bylaws or by the board. In any such plan:
(KA) Such shares may be sold or optioned upon terms (not less than the par value thereof) which are deemed advantageous to the bank or trust company by the direc tors other than directors who may benefit by their action or, if the number of direc tors who will not benefit by the action is fewer than three, by the shareholders; and
(2KB) In the absence of fraud in the transaction, the judgment of the board of directori~or the shareholders as to the adequacy of the consideration received for any rights or options to purchase shares under the plan shall be conclusive.
(2) Such a plan may be adopted whether or not it qualifies for special tax treatment under the laws of the United States."

MONDAY JANUARY 30, 1995

173

SECTION 18.
Said chapter is further amended by striking Code Section 7-1-491, relating to financing involving directors or policy-making officers, in its entirety and inserting in lieu thereof a new Code Section 7-1-491 to read as follows:
"7-1-491.
ia; ujLCBpi, as pruv U.CU III DU.L/OGUHV11. \U/ \JL 111 lib V_/VU,C OC^tlL/llj a UcilJ.lv Ol Li U0L L.WllljJctlij' shall not make loai 10 ui utlicl Wiic cAucilu In10.111,1il^ t<j unc ul itb uiicuLv/ii> ui ^t\j\.i\sy ii_ieiK.~ ing ufficeis which i
luglici CL111U ilut iiS Luc uc^scii LiuciiL may caiiduiiDii vvmwi 10 UX/L 111 CA.UC?O *Ji tuc ULUXLO OCL
law, a bank or trust company shall not make loans or otherwise extend financing to any one of its directors or policy-making officers except on terms, rates, and conditions which are not preferential. Preferential terms, rates, and conditions shall be determined by comparison to those terms, rates, and conditions offered contemporaneously to other bor rowers making substantially similar loan requests, having substantially similar credit histories, and ottering substantially similar collateral. Such loans shall be made only after the application of prudent loan underwriting criteria normally applied to loan re quests of a similar nature from applicants who are not directors and policy-making of ficers. Approval procedures for such loans should be designed to minimize any potential abuse by bank insiders. \t)7 A. DctiiK. oi1 Li'ust cottijictiiy iH3.y, subject/ to otri^i1 restrictions iniposGd Dy iciw or its
cVI"tlCi(iS ul~ DylilWSj liiflK-ti lOclIlS tO L uiiT&CtOI* Oi* OIIlC&l WltllGUt i'c^S.l*Cl tO Lllti liliiiLciLiOii 01 StluScCtiOil \^L) OI tlllS UOCtti j5fiCtiGll it titiCll SUCll lOcWl iS ctppl^Vtiil ill 3QV3J1C6 Dy tlltt DOHl'Cl OI Clli'tiC-LOrS OF SL COiliiiliLtcc tlltil ttOI d.U.triOI'iZ^u tO <1CC 101* tlltt DOcil'u <iiiQ il ?i<iCll SU.C11 lO3.il IS
\ x/ JJ^CUFGCI oy dsposits ill ttifi ojiiiK. or LI'USL compciiiy 01 tticii s
ulSlll flllCtt ill 3.1i tiiiiOUIiL dpi^Liiil tO til6 fllUOHiit *t)i Lliti lOciil Oi* Dy Otllfei COOclwil'Jii WiLli <d UlciiK.tiL VcllLlti OX Ht 16clSt i^U ptilCtiiJL iilijlti Lllciii tI16 3.1110 U11L 01 tile 10o.il, OI'
\i) C^OllIOl'illS Wlttl tllti t'tJi^Llil tiiiciiiLib 01 it i'tiil 6Stflt6 lOilil LUluOi1 vJOO-G Cj6CtlOH Y~l~Ioovi ciilu 1 ti^LilctLlOliS iS&Lltiu plil'SUHIlt/ tllGl'StG, 01*
(3) An extension uf audit not at auy time exceeding $20,000.00 fui the puipose of fi-
liciiiCiii^ tll6 6QU.C3.tlOH LII SL Cililu Oi CliiiU-i'ciiJi OI 3. Qll'tiCLOl' 01 ullii^ci }
provided that no dii'ectui shall be eligible to vole on a loan to himself under this
SECTION 19.
Said chapter is further amended by striking Code Section 7-1-532, relating to execution, contents, and filing of articles of merger or consolidation and referral to department, and inserting in lieu thereof a new Code Section 7-1-532 to read as follows:
"7-1-532.
(a) Upon adoption of the plan of merger or consolidation as provided in Code Section 7-1531, the parties to the merger or consolidation shall file in duplicate with the department articles of a merger or consolidation as required by this Code section, together with the fee required by Code Section 7-1-862.
(b) The articles of merger or consolidation shall be signed by two duly authorized officers of each party to the plan under their respective seals and shall contain:
(1) The names of the parties to the plan and of the resulting bank or trust company;
(2) The county of the location of the registered office of each;
(3) The votes by which the plan was adopted and the time, place, and notice of each meeting in connection with such adoption;

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(4) The names and addresses of the first directors of the resulting bank or trust company;
(5) In the case of a merger, any amendment of the articles of the resulting bank or trust company;
(6) In the case of a consolidation, the provisions required in articles of a new bank or trust company by paragraphs (3), (4), (5), (6), and (9) of subsection (a) of Code Section 7-1-392; and
(7) The plan.
(c) Together with the articles of merger or consolidation, the parties shall deliver to the department a copy of the notice of merger or consolidation and an undertaking, which may appear in the articles of merger or consolidation or be set forth in a letter or other instrument executed by an officer or any person authorized to act on behalf of such bank or trust company, that the request for publication of a notice of tiling the articles of merger or consolidation and payment therefor will be made as required by subsection (d) of this Code section?
(d) No later than the next business day after filing the articles of merger or consolidation with the department, the parties shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered or main office of each party is located a notice which shall contain a statement that the articles of merger or consoli dation have been filed with the department, the names of the institutions which are par ties to the proposed merger or consolidation, and the proposed name of the surviving bank or trust company and shall designate a place where a copy of the articles of merger or consolidation may be examined. Subsections (b) and (c) of Code Section 7-1-7 shall also apply to the notice?
(e) The request for publication of the notice shall be accompanied by a check, draft, or money order in the proper amount in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper
feXf) In the event the plan is amended as provided in Code Section 7-1-531, the parties shall promptly file in duplicate with the department an amendment to the articles of consolidation or merger reflecting such amendment of the plan."
SECTION 20.
Said chapter is further amended by striking Code Section 7-1-533, relating to filings with the department and publication of notice, in its entirety and inserting in lieu thereof a new Code Section 7-1-533 to read as follows:
"7-1-533.
tzrHThe parties to the plan shall also file with the department:
(1) An application and information Iiiforuiatkui desired by the department in order to evaluate the proposed merger or consolidation, which shall be made available in the form specified by the department;
(2) Applicable fees established by regulation of the department to defray the expenses of the investigation required by Code Section 7-1-534; and
(3) If the merger or consolidation involves the adoption of a new name, a certificate of the Secretary of State reserving said name under Code Section 7-1-131.
(b) The pai tieh to Lhe plan shall publish, iu the manner requited by Code Section 7-1-7, a
ilOtlC^ 01 tflfr jji'GjiGSfiu iiiW^Sl' 01 CGi15OilutLiOil.~ olICil HGtiCG SI13.11 COiito..!!! tlic iicHUcS OI
Llici iilSCiLU-tluiiS W^IllCn fll^fi J/k.i*ticS 10 tiiti pi'OpOitiU TJJCI gei1 Gi* COiiS011Cla.tlOii cinu Llic JjiG
pG^u ilctiil^ GI trie SUlTVlVli1"~uflHJi~Gi1 WUSt CGiilJi&iiy ctilCl oli3.il ClcoigilciLc . jjlcLCc wncfc o.
COJ^y GI tli& iti*tiCIti 5 01 iUci'6 11 G1 CG115GlluitjIGU^TtH SL^ uG 6XCQnl&Cl. 1Tict ilGtlwc Sii&tl uc
pllDliSri&u 111 &3.CI1 COUiltJ1 nl "WlllClT tri6 piti'tiGS tG Llit Jjltiii IllVc GIHi^S tiilga^cCl iil tiic
bauklug ui ti ubt business ui, hi the case of a pai'ty which is nut A bank or ti'ii&l company,

MONDAY JANUARY 30, 1995

175

1:1..1 biil.lG _ V..A..J..U.l.lib.J."W _i1.1_C.1_C nbl.l_C 1._Cg..lO :ilti-C.l_C.Ui U..1r1n1.UG_ V.-.If tLhilt_* .U.U..1..J.U..1 O j.Lt\I.U ..i\l, 1:1r_1.1.1.^. , uto iI.U-I.*.-<a1tbjC..U-i^--TiTli.e_ ^.-J._a.l bil:C_D
iug llidt the publication requued \iy thi& hub&eaiun has occurred."
SECTION 21.
Said chapter is further amended by striking Code Section 7-1-534, relating to approval or disapproval of articles of consolidation or merger by the department, in its entirety and inserting in lieu thereof a new Code Section 7-1-534 to read as follows:
"7-1-534.
(a) Upon receipt of the articles of consolidation or merger and the notice of merger and the filings required by subsection (a) of Code Section 7-1-533, the department shall con duct such investigation as it may deem necessary to ascertain whether:
(1) The articles of merger or consolidation and supporting items satisfy the require ments of this chapter;
(2) The plan and any modification thereof adequately protect the interests of deposi tors, other creditors, and shareholders;
(3) The requirements for a merger or consolidation under all applicable laws have been satisfied and the resulting bank or trust company would satisfy the requirements of this chapter applicable to it; and
(4) The merger or consolidation would be consistent with adequate and sound banking or fiduciary practice and in the public interest on the basis of:
(A) The financial history and condition of the parties to the plan;
(B) Their prospects;
(C) The character of their management; and
(D) The convenience and needs of the area primarily to be served by the resulting institution.
(b) Within 90 days after receipt of the articles of merger or consolidation, the notice of merger, and the filings required by Code Section 7-1-533, or within an additional period of not more than 30 days after an amendment to the application is received within the initial 90 day period, the department shall, in its discretion, approve or disapprove the articles on the basis of its investigation and the criteria set forth in subsection (a) of this Code section. Except as provided in Code Section 7-1-535, the department shall give the Secretary of State written notice of its approval with a copy of the articles of merger or consolidation and a copy of the notice of merger attached. The department shall also give the parties to the plan written notice of its decision and, in the event of disapproval, a statement in general of the reasons for its decision. The decision of the department shall be conclusive, except that it may be subject to judicial review as provided in Code Section 7-1-90."
SECTION 22.
Said chapter is further amended by striking Code Section 7-1-552, relating to national bank to state bank or trust company conversions, mergers, and consolidations, filings with the department, and publication of notice, in its entirety and inserting in lieu thereof a new Code Section 7-1-552 to read as follows:
"7-1-552.
(a) In the case of a merger or consolidation, the parties shall make the filings and publi cation required by Code Secliuu Sections 7-1-532 and 7-1-533.
(b) In the case of a conversion, the national bank shall also file with the department:
(1) Information desired by the department in order to evaluate the proposed conver sion, in the form specified by the department;

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(2) Applicable fees established by regulation of the department to defray the expenses of its investigation under Code Section 7-1-553; and
(3) A certificate of the Secretary of State showing that the proposed name of the result ing bank or trust company has been reserved under Code Section 7-1-131.
(c) In the case of a conversion, the national bank shall publish, in the manner prescribed by Code Section 7-1-7 7-1-532, a notice of the proposed conversion, setting forth its name and the name it proposes to use as a bank or trust company and designating the place where a copy of the plan of conversion may be examined. The notice shall be published in each the county in which of the main office of the national bank has an office engaged in the baliluug ui tmst bubiiiess. The national bank shall file with the depaitmeat an affi-
Q3/VTC OI til 6 lie W tipclptii jLJllDllSllGl1 01* lllS fl^Gllt iiLLtiSt/llljjJ Elicit Cllti ^JUDiiCciLnjii i ci^UJ.1 tiu Oy
tins suussction risis occut'rsu.
SECTION 23.
Said chapter is further amended by striking Part 17 of Article 2, relating to representative offices of out-of-state banks, in its entirety and inserting in lieu thereof a new Part 17 of Article 2 to read as follows:
"Part 17 7-1-590.
\37'~jt\iiy"~0tilK. 01* D3.J1K. liGlCllil^J COIHpEmy uuiiiiCiltiu. OlltSlClti LillS St3,t6 3,ilu Gpci'fltiil^ U.ilu.^11
the laws of the United States or of any state 01 ten licit j> of Ihe United States, which bank
Ol' G3.HK. tiOiCllll^ COIHpciiYy u.OtiS ilOL Iil3.llit3.lll 3. ul&Cc 01 OLLtnlciSS IG1 Lli^ pU.I*pGS6 Oi tl'S-HS-

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fl.iiiiiiSiiy oil lorms pi"fescfiD6ti Dy tfiifi citipfirLiiitiiL. c>ucri i'ti^iSLr<iLnjii siiciii 06 riittci Dsiorti

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deposits ciiici t)ii6 psi'iOi'iiisncG oi siiy Li'3.iiScictiuii cliF^ctly or tiirou^ii 3.11 <iililiiLti or 3.Giit
inclfl,tiV^ tO 3 ClfipOSlt (iCCOLlllL WllSt/flS!1 Ol'i^ni^tSu tlirOU^ll ^IcCtlOHiC ClSVlCcS, Ltilitil'Sj
3^6iltS, 01* i!ClU.C13.inicS.
\Ci) 1' Ol1 plirpOSSS 01 tlliS LyOClG S^CtlOllj tH.6 tci7 iliib Dtillt 3HQ D3.AK. ilOlu.ij.1^ C0iilp3.il_y Sllfl.ll
l!3.Vc tO6 S3.Ill6 HifiSHUl^ ciCCOl'ClSCl LllcSc 161*1118 nl vJOuc kj^CtlOll i~l" \J\J\) .
As used in this part, the term:
(1) 'Bank' and 'bank holding company' shall have the same meaning as in Part 18 of this article. A 'banking business' may include any one or a combination of the powers of a~bank as set out in Part 3 of this article, but the power to receive deposits or the performance of any transaction directly or through an affiliate or agent relative to a deposit account shall be presumed to constitute a banking business.
(2) 'Domicile' means the home state where a bank or bank holding company is chartered or incorporated.
(3) 'Loan production office' is a limited form of a representative office, engaged in the solicitation of loans or of leases of personal property and not in the disbursement of

MONDAY JANUARY 30, 1995

177

loan proceeds nor in any other banking business. It shall be treated as a representative

office.

'

(4) 'Representative office' is an office established by a bank, a bank holding company, or an agent or subsidiary of either for the purpose of conducting other than a banking business. It shall not be considered to be a parent bank, branch bank, bank office, or bank facility.
7-1-591.

A bank domiciled in this state and operating under its laws or the laws of the United States or a subsidiary or agent of said bank may establish a representative office any where except where it is authorized to carry on a banking business. A bank holding com pany domiciled in this state and operating under its laws or the laws of the United States or a nonbank subsidiary or agent of such bank holding company may establish a repre sentative office anywhere in this state.
7-1-592.

A bank or bank holding company domiciled outside this state and operating under the laws of such other state or territory or of the United States, which entity does not main tain a place of business for the purpose of transacting a banking business or any part thereof in or through an office in this state, or its subsidiary or agent, may establish representative offices anywhere in this state
7-1-593.

(a) A bank or bank holding company having a representative office located in this state shall register with the department annually on forms prescribed by the department. Such registration shall be filed according to regulations issued by the department, shall be accompanied by a registration fee prescribed by regulations of the department, and shall list the names of all its Georgia representative offices, the street address of the offices, the nature of the business to be transacted in or through the offices, and such other information as the department may require. The department may consolidate these requirements and those for agency relationships with the holding company regis tration required in Part 18 of this article.
(b) The department may review the operations of any representative office annually or at such greater frequency as it deems necessary to assure that the office does not transact a banking business!
7-1-594.

(a) Banks or bank holding companies which are conducting agency relationships must register with the department to ensure the orderly and safe transaction of the banking business and to protect the interest of the state's depositors and creditors. Each such bank or bank holding company shall register with the department on forms prescribed by the department, shall file according to regulations issued by the department, may be subject to a registration fee prescribed by regulations of the department, and shall pro vide the name of the agent, the street address and activities of the agent, a copy of the agency agreement, and such other information as the department may require.
(b) An agency relationship as defined in paragraph (1.5) of Code Section 7-1-4 must be on terms consistent with safe and sound banking practices and protection of the consumers of this state. The department may review and, where lawful, regulate the operations of any agency relationship to ensure such compliance. An agency relationship must be re flected in a written agreement which provides for orderly resolution of customer com plaints, record keeping, liability of the respective parties in the agency relationship, conformity to applicable principal-agent, banking, and other state law, and disclosure to the customer of all pertinent information."

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SECTION 24.
Said chapter is further amended by Striking Code Section 7-1-603, relating to expansion or extension of existing facilities, automated teller facilities, and point-of-sale terminals, in its entirety and inserting in lieu thereof a new Code Section 7-1-603 to read as follows:
"7-1-603.
(a) As used in this Code section, the term:
(1) 'Automated teller machine means electronic equipment which performs routine Banking transactions including, but not limited to, the taking of deposits tor the public at locations off premises of a parent bank, branch bank, bank office, or bank facility under regulations prescribed by the commissioner.
(2) 'Cash dispensing machine' means for the purposes of this part and as used in para graph (4) of subsection (b) of Code Section 7-1-241 an automated or electronic terminal which dispenses cash or scrip redeemable for goods and services or for cash, goods, and services. JSuch machines may provide account information but may not initiate intrabank transactions other than those necessary and incidental to the dispensing of cash.
(3) Toint-of-sale terminal' means electronic equipment located in nonbank business outlets to record electronically with a bank transactions occurring as a result of the sale of goods or service!?
For purposes of this Code section, the terms 'automated teller machine,' 'point-of-sale terminal,' and 'cash dispensing machine' shall not include personal communication de vices such as telephones, computer terminals, modems, and other similar devices which are not accessible to the general public but are intended for use by a single bank cus tomer. It is not the intent of this Code section to limit the ability of banks or other enti ties to utilize personal communication devices. The department may by regulation further define the meaning of'automated teller machine,' 'point-of-sale terminal,' 'cash dispensing machine,' and 'communication device' consistent with the objectives set forth in Code Section 7-1-3.
(aXb) Notwithstanding any other provisions of this part, a bank may establish and oper ate"? facility an additional location as provided in this Code section which shall not be considered a& an additional a bank office or bank facility as defined in this part, ; but such facility additional location shall be deemed an expansion or extension of the existing parent bank, branch bank, bank office, or bank facility and shall require no approval from the department unless otherwise specified.
fb)(c) Any such facility extension may be established under the following conditions and circumstances only:
(1) Within the boundary lines of a single contiguous area of property owned or leased and occupied as a banking house or place of business by such parent bank, branch bank, bank office, or bank facility, whether or not such facility extension is physically connected to the banking house or place of business;
(2) ACiuSS a tblictrt, tillcy, iaj.ilO&u ii^lit Ol Way ul tuuiOUglliaic ti Oiii tile cXAblnigJ pmciiL
uciillv, Oiaiiuli Odiln., Lxiiitv Olliec, W Uflilli ItlCilit^y Wiicil auCii IHCiliLy ID phySiCctlij' COii-
ilcCtcu LO tlic JjaiiiYiii{^ l~iOU5o i/l1 plaCcul ULl&lilcfaS tjy ct piiVatc, ciiClO&cu, Scenic uvci
lic&u paSSHgcwiiy Oi~ lliiucigiuunu Luiincl,
(3)(2) Within 200 yards of a parent bank, branch bank, bank office, or bank facility, whether or not such facility extension is physically connected to the banking house or place of business and after being granted the prior written approval of the department stating that such facility extension qualifies for this exception; er
(3) Automated teller machines shall be unstaffed and shall be located within the county in which a parent bank, branch bank, bank office, or bank facility is lawfully located. These machines may be operated individually by any bank or jointly on a. costsharing basis by two or more banks or other financial institutions;

MONDAY JANUARY 30, 1995

179

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facility is established with the approval of the cummissiouei and is an unmanned autin
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(4) Any bank may operate cash dispensing machines throughout the state. Access to

and use of cash dispensing machines may be available to ail banks in this state on an

individual or a shared basis; or

~~~

(5) A point-of-sale terminal may be located anywhere in the state.

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bank office, ur bank facility."

SECTION 25.

Said chapter is further amended by striking subsection (c) of Code Section 7-1-634, relating to amendment of articles and bylaws, and inserting a new subsection (c) to read as follows:
"(c) The department shall filu-with-llni-Sucititaiy uf State maintain a permanent record of any approved amendment to the bylaws of a credit union which changes the field of membership proposed in the original articles or as subsequently amended."

SECTION 26.

Said chapter is further amended by striking subsection (c) Code Section 7-1-683, relating to license application, fee, bonding, and security deposits, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In lieu of such corporate surety bond or bonds or of any portion of the principal thereof, the applicant may deposit with Hie depai UiiBiit 01 a bank or trust company lo cated in this state, as such applicant may designate and the department may approve, certificates of deposit insured by a federal agency, bonds, notes, debentures, or other obligations of the United States or any agency or instrumentality thereof or guaranteed by the United States or of the State of Georgia or of a municipality, county, school district, or instrumentality of the State of Georgia or guaranteed by the state to an aggregate amount, based upon principal amount or market value, whichever is lower, of not less than the amount of the required corporate surety bond or portion thereof. The securities These assets shall be held to secure the same obligations as would the surety bond; but the depositor licensee shall be entitled to receive all interest thereon and shall have the right, with the approval of the department, to substitute other bemfilies assets approved by this Code section for those deposited and shall be required to do so on written order of the department made for good cause shown; provided, however, if the licensee substitutes assets more than once during the license period the department may charge a fee for the processing of such substitution to be prescribed by regulations of the department. In the event of the failure or insolvency of such licensee, the securities the assets, any proceeds therefrom, and the funds deposited pursuant to this Code section shall be ap plied to the payment in full of claims arising out of transactions in this state for the sale or issuance of checks."

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JOURNAL OF THE SENATE

SECTION 27.
Said chapter is further amended by striking Code Section 7-1-684, relating to investigation of applicants, granting of licenses, and single license for issuer and subsidiary seller, in its entirety and inserting in lieu thereof a new Code Section 7-1-684 to read as follows:
"7-1-684.
Upon the filing of the application, in diu; finm, accompanied by the documents and fee prescribed in Code Section 7-1-683, the department shall conduct an investigation to determine if the criteria established by Code Section 7-1-682 have been satisfied. If the department determines to its satisfaction that the criteria of Code Section 7-1-682 have been met, it shall issue to the applicant a license to engage in the business of selling and issuing checks in this state. A license issued pursuant to this article shall remain in force and effect through the remainder of the calendar year following its date of issuance its expiration date unless earlier surrendered, suspended, or revoked pursuant to this artF cle. Where a corporation engages only in the business of selling checks issued by another corporation which is primarily obligated for payment of the checks and the seller is a wholly owned subsidiary of or is wholly owned by the sole corporate shareholder of the issuer, the department may grant a single license naming both the seller and issuer as joint licensees. In such cases, only a single license fee shall be collected and only one corporate surety bond pursuant to Code Section 7-1-683 may be required where such bond names both the seller and issuer."
SECTION 28.
Said chapter is further amended by striking Code Section 7-1-685, relating to renewal of licenses and annual license fee, in its entirety and inserting in lieu thereof a new Code Section 7-1-685 to read as follows:
"7-1-685.
A license may be renewed for the unsuing 12 mouth a period to be established by regula tions of the department upon the filing of an application conforming to the requirements of Code Section 7-1-683 with such modifications as the department may allow. Sttch
I'ciisiwial cipiniC<iLiuj.l almll uc lilcu On ui allci June 1 ul Llic jfcai 111 wtnuli Llic CAiStui^
license expiies. No investigation fee shall be payable in connection with such renewal application; but an annual license fee established by regulation of the department to defray the cost of supervision shall be paid with each renewal application, which fee shall not be refunded or prorated if the renewal application is approved, and the imiewal liceii&e IheieuuJei gut!t> intu effect uii the fulluwing January 1. If a renewal application is filed with the department before July 1 of any yeai expiration of an existing license, the license sought to be renewed shall continue in force until the issuance by the department of the renewal license applied for or until 20 days after the department shall have re fused to issue such renewal license."
SECTION 29.
Said chapter is further amended by striking subsection (e) of Code Section 7-1-702, relating to background investigation, effect of past convictions, conviction data, license posting re quirements, and term of license, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) A license issued pursuant to this article shall remain in force and effect through the leuiaiiider of the calendar year following its date of issuance its expiration date unless earlier surrendered, suspended, or revoked pursuant to this article."

MONDAY JANUARY 30, 1995

181

SECTION 30.
Said chapter is further amended by striking Code Section 7-1-703, relating to license re newal, in its entirety and inserting in lieu thereof a new Code Section 7-1-703 to read as follows:
"7-1-703.
A license may be renewed for Hie ensuing 12 munlli a period to be established by regula tions of the department upon the filing of an application substantially conforming to the requirements of Code Section 7-1-083 7-1-701 with such modifications as the department may specify and as may be necessary. Such renewal application shall be filed an or aftui June 1 of the year in which the existing license ex-phes. No investigation fee shall be payable in connection with such renewal application; but an annual license fee estab lished by regulation of the department to defray the cost of supervision shall be paid with each renewal application, which fee shall not be refunded or prorated if the renewal ap plication is approved, and Ihe renewal license theieundei goes iulu effect on the following January 1. If a renewal application is filed with the department before July 1 uf Any yeai expiration of an existing license, the license sought to be renewed shall continue in force until the issuance by the department of the renewal license applied for or until 20 days after the department shall have refused to issue such renewal license. Tlie annual li-
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SECTION 31.
Said chapter is further amended by striking subsection (a) of Code Section 7-1-716, relating to effect, renewal, and revocation of licenses and permissible activities, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) When the department shall have issued a license to any such international banking corporation, it may engage in the business authorized by this article at the office specified in such license fui a pciiud nuL exceeding uiie yeai fiuiu the dale uf such license until the license expires or until such license is surrendered or revoked. The department may establish the license period by regulation. No such license shall be transferable or assignable~Kveiy such liteii&e shall be, at all Ciiimb, conspicuously displayed in thu place uf

SECTION 32.
Said chapter is further amended by striking subsection (b) of Code Section 7-1-721, relating to international representative offices, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Each international representative office located in this state shall register with the Department of Banking and Finance annually on forms prescribed by the department. Such registration shall be filed bufuie January 01 of each year in accordance with depart mental regulation, shall be accompanied by a registration fee prescribed by regulations of the department, and shall list the name and telephone and facsimile numbers of the local representative, the street address of the office, and the nature of the business to be transacted in or through the office."

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SECTION 33.
Said chapter is further amended by striking Code Section 7-1-1002, relating to the prohibi tion against transacting business without a license or complying with registration require ments, in its entirety and inserting in lieu thereof a new Code Section 7-1-1002 to read as follows:
"7-1-1002.
(a) On and after July 1, 1993, it is prohibited for any person to transact business in this state directly or indirectly as a mortgage broker or a mortgage lender unless such person:
(1) Is licensed as such by the department; or
(2) Is a person exempted from the licensing requirements pursuant to Code Section 71-1001.
(b) On and after July 1, 1995, it is prohibited for any person, as defined in Code Section 71-1000, including a corporation but not including any natural person who purchases five or fewer mortgage loans in any one calendar year, knowingly to purchase one or more mortgage loans from a mortgage broker or mortgage lender who is neither licensed nor exempt from the licensing or registration provisions of this article. Such a purchase shall not affect the obligation of the borrower under the terms of the mortgage loan. The de partment shall provide for distribution or availability of information regarding approved or revoked licenses."
SECTION 34.
Said chapter is further amended by striking Code Section 7-1-1011, relating to annual fees, in its entirety and inserting in lieu thereof a new Code Section 7-1-1011 to read as follows:
"7-1-1011.
(a) The department may, by regulation, prescribe annual fees to be paid by licensees and registrants, which fees shall be set at levels necessary to defray costs and expenses in curred by the state in providing the examinations and supervision required by this arti cle and which fees may vary according to whether a person is a licensee or registrant or is a mortgage broker or a mortgage lender and according to the class of license issued to a mortgage broker or mortgage lender.
(bXD As used in this subsection, the term 'collecting agent' means the person listed as the secured party on a security deed or other loan document that establishes a lien on the residential real property taken as collateral at the time of the closing of the mort gage loan transaction.
(2) There shall be imposed on the closing of every mortgage loan subject to regulation under this article which, as defined in Code Section 7-1-1000, includes all mortgage loans, whether or not closed by a licensee or registrant, a fee of $6.50. The fee shall be paid by the borrower to the collecting agent at the time of closing of the mortgage loan transaction. The collecting agent shall remit the fee to the department at the time and in the manner specified by regulation of the department. Funds Revenue collected by the department pursuant to this subsection shall be deposited in the general fund of the state in--the hdiue maiiuei1 as license fess and othei--fees collected by--the
VLKHJ&L tlilCllt.
(3) The fee imposed by this subsection shall be a debt from the borrower to the collect ing agent until such surcharge assessment is paid and shall be recoverable at law in the same manner as authorized for the recovery of other debts. Any collecting agent who neglects, fails, or refuses to collect the fee imposed by this subsection shall be liable for the payment of the fee."

MONDAY JANUARY 30, 1995

183

SECTION 35.

Said chapter is further amended by striking subsection (a) of Code Section 7-1-1018, relat ing to cease and desist order, enforcement procedure, civil penalty, and fines, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Whenever it shall appear to the department that any person required to be licensed under this article has violated any law of this state or any order or regulation of the department, the department may issue a written order requiring such person to cease and desist from such unauthorized practices. In the case of an unlawful purchase of mortgage loans, such cease and desist order to a purchaser shall constitute the knowl edge required under subsection (b) of Code Section 7-1-1002 for any subsequent violations."

SECTION 36.

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 Blitch Boshears Bowen Brown of 26th Burton Cagle Clay
Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James
Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Perdue Pollard Ragan Ralston Ray Scott Slotin
Starr Stokes Tanksley Taylor Thomas Turner Tysinger Walker

Voting in the negative was Senator Black.

Those not voting were Senators:

Broun of 46th Cheeks

Oliver

Thompson (excused)

On the passage of the bill, the yeas were 51, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 111. By Senators Middleton of the 50th, Edge of the 28th, Madden of the 47th, Cagle of the 49th 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 redefine the term

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"vessel"; to create the crimes of homicide by vessel, feticide by vessel, and com mitting said crimes.

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

On 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 Black Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow
Gillis

Glanton
Gochenour Griffin Guhl Harbison Henson
Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton
Newbill Oliver Perdue Pollard Ragan
Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger Walker

Not voting was Senator Thompson (excused).

On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 129. By Senators Thompson of the 33rd and Hill of the 4th:

A bill to amend Code Section 33-9-43 of the Official Code of Georgia Annotated, relating to reduction in motor vehicle insurance premiums for certain named drivers under age 25, so as to remove the requirement that otherwise qualified students must be in their junior or senior year of high school to qualify for such premium reduction.

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

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

Those voting in the affirmative were Senators:

Abernathy Black
Bowen
Broun of 46th Brown of 26th Cheeks Clay Dean Edge Farrow Gillis

Harbison Henson
Hooks
Isakson James Johnson of 2nd Madden Marable Middleton Oliver

Perdue Pollard
Ralston
Ray Scott Slotin Starr Stokes Taylor Turner

MONDAY JANUARY 30, 1995

185

Those voting in the negative were Senators:

Balfour Blitch Boshears Burton Cagle Crotts Day Egan

Glanton Gochenour Griffin Guhl Johnson of 1st Kemp Land

Langford McGuire Newbill Ragan Tanksley Tysinger Walker

Those not voting were Senators:

Hill

Thomas

Thompson (excused)

On the passage of the bill, the yeas were 31, nays 22. The bill, having received the requisite constitutional majority, was passed.

SB 170. By Senator Egan of the 40th:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exemptions from public disclosure of certain records, so as to add limited restrictions on the disclosure of the location and character of certain historic properties and the location of sensitive natural habitats on private or public land and site specific information relating to the occurrence of rare spe cies of plants or animals.

The Senate Committee on Natural Resources offered the following amendment:

Amend SB 170 by adding after the word "property" and before the semicolon on line 19 of page 2 the following:
"if the Department of Natural Resources determines that disclosure will create a sub stantial risk of harm, theft, or destruction to the species or habitats or the area or place where the species or habitats are located".
On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge

Egan Farrow Gillis Gochenour Griffin Guhl Harbison Henson Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford

Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley

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Taylor
Thomas Turner

Tysinger Walker

Voting in the negative was Senator Glanton.

Not voting were Senators Hill and Thompson (excused).

On the passage of the bill, the yeas were 53, nays 1. The bill, having received the requisite constitutional majority, was passed as amended.

SR 61. By Senators Hooks of the 14th, Starr of the 44th, Gillis of the 20th, Dean of the 31st and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that no general bill pro viding for or increasing any tax, fee, assessment, or charge by whatever designation that is imposed for state purposes shall become law unless such bill is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article VII, Section I of the Constitution is amended by adding a new Paragraph at the end thereof, to be designated Paragraph IV, to read as follows:
"Paragraph IV. Authorization of taxes, fees, assessments, and charges. No general bill providing for or increasing any tax, tee, assessment, or charge by whatever designation that is imposed for state purposes shall become law unless such bill is approved by twothirds of the members elected to each branch of the General Assembly in a roll-call vote."

SECTION 2.

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide that no general bill provid( ) NO ing for or increasing any tax, fee, assessment, or charge by whatever designa
tion that is imposed for state purposes shall become law unless such bill is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black

Blitch Boshears Bowen

Broun of 46th Burton Cagle

MONDAY JANUARY 30, 1995

187

Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis Gochenour Griffin
Guhl Harbison Henson Hooks

Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton
Newbill Oliver Perdue

Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas
Turner Tysinger Walker

Those not voting were Senators:

Brown of 26th

Hill

Glanton

Thompson (excused)

On the adoption of the resolution, the yeas were 52, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

The following communication was received by the Secretary:
The State Senate Atlanta, Georgia 30334
January 31, 1995 Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Frank,
Please enter my "Aye" vote on SR 61 in the Journal, as I was out of the Chamber when that vote was recorded. Thank you for your assistance with this matter.
Sincerely, Isl Jack Hill, 4th District
Senator Perdue of the 18th moved that the Senate do now adjourn until 10:00 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 11:55 A.M.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, January 31, 1995 Twelfth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd 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 Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 412. By Representative Smith of the 102nd:
A bill to authorize the imposition, collection, and disposition of county law libra ry fees as a part of the court costs in the Magistrate Court of Harris County.
HB 427. By Representative Birdsong of the 123rd:
A bill to amend an Act providing for a new charter for the City of Gordon, so as to change the powers of the judge of the municipal court.
HB 176. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relat ing to venue in juvenile proceedings; to provide that a juvenile court judge, an associate juvenile court judge, a judge pro tempore of the juvenile court, or any person sitting as juvenile court judge may conduct hearings in connection with any proceeding under this article in any county within the judicial circuit where such judge presides.
HB 231. By Representatives Smith of the 109th Jenkins of the 110th, Maddox of the 108th and Sanders of the 107th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to the appointment and compensation of assistant district attorneys, so as to provide that, in any circuit where a person holding office as a judge of the superior courts of this state is effectively removed from such office by a federal court order and subsequently becomes a special judge of the magistrate court, the number of assistant district attorneys in such circuit shall not be reduced.
HB 107. By Representatives Ladd of the 59th, Johnson of the 97th and Barnard of the 154th:
A bill to amend Code Section 16-3-21 of the Official Code of Georgia Annotated, relating to the use of force in the defense of self or others, so as to provide that there shall be a rebuttable presumption that a person who encounters an unau thorized intruder in his or her residence is justified in believing that he or she is in imminent danger of death or great bodily harm.

TUESDAY, JANUARY 31, 1995

189

HB 41. By Representatives Williams of the 114th, Towery of the 30th and Harbin of the 113th:
A bill to amend Article 2 of Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to surplus lines insurance, so as to provide that surplus line brokers' certificates shall contain a general statement of the type of insurance purchased; to provide that surplus line brokers file quarterly affidavits and pay taxes on premiums billed by such surplus line brokers during the previous quar ter.
HB 42. By Representatives Williams of the 114th, Towery of the 30th and Harbin of the 113th:
A bill to amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair and deceptive practices in the business of insurance, so as to provide that in cases where classification, premiums, or rates are not required to be filed with and approved by the Commissioner, the premiums and charges shall not be in excess of or less than those specified in the policy.
HB 330. By Representatives Williams of the 114th and Culbreth of the 132nd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide definitions for certain types of credit insurance known as nonrecording or nonlicensing insurance and vendors' single interest insurance; to provide for the maximum premium charge for nonrecording or nonfiling insurance.
HB 246. By Representatives Bailey of the 93rd, Snow of the 2nd, Perry of the llth, Cart er of the 166th, Barnes of the 33rd and others:
A bill to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments, so as to require that each casket and vault used for the burial of human remains shall have permanently affixed a tag of durable and noncorroding material perma nently marked with the name, date of birth, date of death, and social security number of the decedent.
HB 201. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19941995 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1994-1995.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 160. By Representatives Reaves of the 178th and Golden of the 177th:
A resolution designating that portion of State Highway 333 that extends from the city limits of Quitman, Georgia, to the Okapilco Creek Bridge as the M.L. King Drive.
HR 94. By Representatives Watts of the 26th, Murphy of the 18th and Barnes of the 33rd:
A resolution honoring Charles Hardy and designating a portion of Georgia High way 120 as the "Charles Hardy Parkway".

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JOURNAL OF THE SENATE

The following bills and resolutions of the Senate were introduced, read the first time and referred committees:
SB 242. By Senators Turner of the 8th and Blitch of the 7th:
A bill to amend Code Section 36-80-3 of the Official Code of Georgia Annotated, relating to the authorized investment of funds by local governing bodies, so as to provide that such bodies may invest in certificates of deposit of banks which are subject to regulation by the commissioner of banking
Referred to Committee on Banking and Financial Institutions.
SB 243. By Senators Land of the 16th, Oliver of the 42nd, Edge of the 28th and Egan of the 40th:
A bill to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to provide that a duly filed, recorded and indexed mortgage shall be deemed constructive notice to subsequent bona fide purchasers; to provide for exceptions.
Referred to Committee on Special Judiciary.
SB 244. By Senators Henson of the 55th, Perdue of the 18th, Gillis of the 20th and Edge of the 28th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that in imposing or negoti ating any civil penalty imposed for a violation of certain environmental laws, the offender's comprehensive environmental compliance program shall be taken into account as a mitigating factor; to define a certain term; to provide that cer tain information contained in environmental compliance programs shall be pro tected.
Referred to Committee on Natural Resources.
SB 245. By Senator Cagle of the 49th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for stag gered motor vehicle registration over a 12 month period; to change certain li censing and registration deadlines; to provide for penalties for late registration; to provide that license plates may be transferred between vehicles under certain circumstances.
Referred to Committee on Public Safety.
SB 246. By Senators Marable of the 52nd, Dean of the 31st, Gillis of the 20th and others:
A bill to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to encourage the granting of visita tion rights to certain noncustodial parents.
Referred to Committee on Judiciary.

TUESDAY, JANUARY 31, 1995

191

SB 247. By Senators Burton of the 5th, Harbison of the 15th, Kemp of the 3rd and others:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Student Finance Authority Act," so as to provide education grants to certain children of members of the armed forces who are killed in action, die in service, or who are missing in action and to certain children of members of the Georgia National Guard who are killed while on active duty either in the service of this state or the United States.
Referred to Committee on Defense and Veterans Affairs.
SB 248. By Senator Hooks of the 14th:
A bill to amend an Act creating a new charter for the City of Byron, as amended, so as to change the corporate limits of the city by the addition of certain territo ry-
Referred to Committee on State and Local Governmental Operations.
SB 249. By Senators Oliver of the 42nd, Ralston of the 51st and Clay of the 37th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide a cause of action of false advertising of legal services; to provide for treble damages, punitive dam ages, attorney's fees, and reasonable costs of investigation and litigation.
Referred to Committee on Judiciary.
SB 250. By Senators Henson of the 55th, Thomas of the 10th, James of the 35th and Stokes of the 43rd:
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 cer tain persons 15 years of age or over while taking instruction from a licensed driving instructor or an approved high school driver education instructor; to pro vide for eyesight examinations.
Referred to Committee on Public Safety.
SB 251. By Senators Day of the 48th, Edge of the 28th and Cagle of the 49th:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to prohibit centralized emission testing in Georgia; to promote compe tition among emission inspection stations; to provide that neither the board, the Department of Natural Resources, nor the Environmental Protection Division shall have the authority to contract with any entity.
Referred to Committee on Natural Resources.
SB 252. By Senators Day of the 48th, Edge of the 28th, Newbill of the 56th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive revision of said title to repeal provisions therein which were enacted in compliance with the National Voter Registration Act of 1993; to repeal certain powers, duties, and authority of the Secretary of State and the State Election Board; to repeal certain provisions for training of certain local election officials.
Referred to Committee on State and Local Governmental Operations - General.

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SB 253. By Senators Brown of the 26th, Ray of the 19th and Perdue of the 18th:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices; so as to make it unlawful for any person other than a governmental agency to manufacture, sell or distribute an identification card using the words "State of Georgia" unless such identification card has printed thereon the word "nonofficial"; to provide penalties; to provide for the offense of fraudulent issuance of personal identification cards.
Referred to Committee on State and Local Governmental Operations - General.
SB 254. By Senators Slotin of the 39th, Thomas of the 10th, Oliver of the 42nd and others:
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," as amended, so as to reduce the minimum acreage required for a residential zone within 1,000 feet of a MARTA station from 2.5 to one; to reduce the minimum acreage re quirement from eight to five for a mixed-use commercial and residential zone.
Referred to Committee on Finance and Public Utilities.
SR 127. By Senators Thomas of the 10th, Stokes of the 43rd and James of the 35th:
A resolution creating the Commission on School Health Assurance to prepare the Georgia School Health Assurance Plan; to appraise and protect the health and safety of students and provide services which improve student's chances for later success in life by enhancing their ability to be in a class, alert, and ready to learn.
Referred to Committee on Health and Human Services.
SR 128. By Senators Boshears of the 6th, Blitch of the 7th and Kemp of the 3rd:
A resolution proposing an amendment to the Constitution so as to authorize the state to incur debt to fund activities associated with the investigation, detoxifi cation, removal, and disposal of any hazardous wastes, hazardous constituents, or hazardous substances at sites where corrective action is necessary to mitigate a present or future danger to human health or the environment; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Natural Resources.
SR 130. By Senators Day of the 48th, Egan of the 40th, Edge of the 28th and others:
A resolution urging the United States Congress to either provide funds to the states for implementation of the National Voter Registration Act of 1993 or re peal the Act in its entirety.
Referred to Committee on State and Local Governmental Operations - General.
SR 131. By Senator Johnson of the 1st:
A resolution authorizing conveyance of certain state-owned real property locat ed in Chatham County, Georgia, to Chatham County and the acceptance of cer tain real property owned by Chatham County located in Chatham County, Georgia, in consideration therefor.
Referred to Committee on Finance and Public Utilities.

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The following bills and resolutions of the House were read the first time and referred to committees:
HB 41. By Representatives Williams of the 114th and Harbin of the 113th:
A bill to amend Article 2 of Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to surplus lines insurance, so as to provide that surplus line brokers' certificates shall contain a general statement of the type of insurance purchased; to provide that surplus line brokers file quarterly affidavits and pay taxes on premiums billed by such surplus line brokers during the previous quar ter.
Referred to Committee on Insurance and Labor.
HB 42. By Representatives Williams of the 114th and Harbin of the 113th:
A bill to amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair and deceptive practices in the business of insurance, so as to provide that in cases where classification, premiums, or rates are not required to be filed with and approved by the Commissioner, the premiums and charges shall not be in excess of or less than those specified in the policy.
Referred to Committee on Insurance and Labor.
HB 107. By Representatives Ladd of the 59th, Johnson of the 97th and Barnard of the 154th:
A bill to amend Code Section 16-3-21 of the Official Code of Georgia Annotated, relating to the use of force in the defense of self or others, so as to provide that there shall be a rebuttable presumption that a person who encounters an unau thorized intruder in his or her residence is justified in believing that he or she is in imminent danger of death or great bodily harm.
Referred to Committee on Special Judiciary.
HB 176. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relat ing to venue in juvenile proceedings; to provide that a juvenile court judge, an associate juvenile court judge, a judge pro tempore of the juvenile court, or any person sitting as juvenile court judge may conduct hearings in connection with any proceeding under this article in any county within the judicial circuit where such judge presides.
Referred to Committee on Judiciary.
HB 201. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19941995 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1994-1995.
Referred to Committee on Appropriations.

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HB 231. By Representatives Smith of the 109th, Jenkins of the 110th, Maddox of the 108th and Sanders of the 107th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to the appointment and compensation of assistant district attorneys, so as to provide that, in any circuit where a person holding office as a judge of the superior courts of this state is effectively removed from such office by a federal court order and subsequently becomes a special judge of the magistrate court, the number of assistant district attorneys in such circuit shall not be reduced.
Referred to Committee on Judiciary.
HB 246. By Representatives Bailey of the 93rd, Snow of the 2nd, Perry of the llth and others:
A bill to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments, so as to require that each casket and vault used for the burial of human remains shall have permanently affixed a tag of durable and noncorroding material perma nently marked with the name, date of birth, date of death, and social security number of the decedent.
Referred to Committee on Consumer Affairs.
HB 330. By Representatives Williams of the 114th and Culbreth of the 132nd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide definitions for certain types of credit insurance known as nonrecording or nonlicensing insurance and vendors' single interest insurance; to provide for the maximum premium charge for nonrecording or nonfiling insurance.
Referred to Committee on Insurance and Labor.
HB 412. By Representative Smith of the 102nd:
A bill to authorize the imposition, collection, and disposition of county law libra ry fees as a part of the court costs in the Magistrate Court of Harris County.
Referred to Committee on State and Local Governmental Operations.
HB 427. By Representative Birdsong of the 123rd:
A bill to amend an Act providing for a new charter for the City of Gordon, so as to change the powers of the judge of the municipal court.
Referred to Committee on State and Local Governmental Operations.
HR 94. By Representatives Watts of the 26th, Murphy of the 18th and Barnes of the 33rd:
A resolution honoring Charles Hardy and designating a portion of Georgia High way 120 as the "Charles Hardy Parkway".
Referred to Committee on Transportation.
HR 160. By Representative Reaves of the 178th:
A resolution designating that portion of state Highway 333 that extends from the city limits of Quitman to the Okapilco Creek Bridge as the M.L. King Drive.
Referred to Committee on Transportation.

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195

The following reports of standing committees were read by the Secretary:
Mr. President: The Committee on Agriculture has had under consideration the following bills of the
House and Senate and has instructed me to report the same back to the Senate with the following recommendations: HB 163. Do pass. SB 200. Do pass.
Respectfully submitted, Senator Ragan of the llth District, Chairman
Mr. President: The Committee on Education has had under consideration the following bills of the
Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 31. Do pass by substitute. SB 52. Do pass as amended. SB 54. Do pass by substitute.
Respectfully submitted, Senator Marable of the 52nd District, Chairman
Mr. President: The Committee on Higher Education has had under consideration the following bills
of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations: SB 47. Do pass. SB 100. Do pass.
Respectfully submitted, Senator Hill of the 4th District, Chairman
Mr. President: The Committee on Insurance and Labor has had under consideration the following
bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 185. Do pass. SB 207. Do pass.
Respectfully submitted, Senator Pollard of the 24th District, Chairman
Mr. President: The Committee on Public Safety has had under consideration the following bills of the
Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 204. Do pass by substitute.

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SB 205. Do pass by substitute. Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:
The Committee on State and Local Governmental Operations has had under consider ation 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 162. Do pass. SB 166. Do pass. SB 167. Do pass. SB 176. Do pass. SB 177. Do pass. SB 197. Do pass.

HB 272. Do pass. HB 275. Do pass. HB 303. Do pass. HB 307. Do pass. HB 302. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 73. Do pass.

SB 126. Do pass by substitute.

SB 22. Do pass by substitute.

SR 1. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

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

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Egan Farrow Gillis
Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

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Those not answering were Senators:

Abernathy

Ray

Edge

Walker

Senator Pollard of the 24th moved that he be excused from the Senate today to attend a funeral.
On the motion, the yeas were 33, nays 0, and Senator Pollard of the 24th was excused from the Senate today.

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Ragan of the llth introduced the chaplain of the day, Reverend Sylvester Wil liams, pastor of Beulah Baptist Church, Camilla, Georgia, who offered scripture reading and prayer.
Senator Dean of the 31st introduced Vietnam Veterans Bobby Gaden and Sammy Robinson, commended by SR 37, adopted previously, who addressed the Senate briefly.

Senator Kemp of the 3rd moved that the following bill be withdrawn from the Senate Special Judiciary Committee and committed to the Senate Retirement Committee:

SB 225. By Senators Kemp of the 3rd, Boshears of the 6th, Blitch of the 7th and others:
A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to the District Attorneys' Retirement System, so as to repeal a prohibi tion against the private practice of criminal law by a district attorney who re tires under said chapter; to provide an effective date and conditions for automat ic repeal.
On the motion, the yeas were 35, nays 0, and SB 225 was withdrawn from the Senate Special Judiciary Committee and committed to the Senate Retirement Committee.
The following local uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Tuesday, January 31, 1995
TWELFTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 162 Dean, 31st POLK COUNTY
Amend an Act creating the office of Tax Commissioner of Polk County.

SB 166 Middleton, 50th LUMPKIN COUNTY
Amend an Act providing for the election of members of the Board of Education of Lumpkin County.

SB 167 Middleton, 50th LUMPKIN COUNTY
Create the Board of Commissioners of Lumpkin County.

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SB 176 Middleton, 50th DAWSON COUNTY
Create the Board of Commissioners of Dawson County.

SB 177 Middleton, 50th DAWSON COUNTY
Amend an Act providing for an elected Board of Education of Dawson County.

SB 197 Starr, 44th Glanton, 34th Thomas, 10th CLAYTON COUNTY
Change the composition and manner of selecting members of the Board of Edu cation of Clayton County.

HB 272 Griffin, 25th GREENE COUNTY
Amend an Act creating the Board of Commissioners of Greene County so as to change the composition of the districts from which the members of the board are elected.

HB 275 Griffin, 25th GREENE COUNTY
Amend an Act creating the Board of Education of Greene County so as to change the composition of the districts from which the members of the board are elect ed.

HB 302 Crotts, 17th BUTTS COUNTY
Amend the Butts County, City of Flovilla, City of Jackson and City of Jenkinsburg Water and Sewer Authority to change the provisions relating to bond ma turities.

HB 303 Crotts, 17th HENRY COUNTY
Increase the homestead exemption from certain ad valorem taxes levied by Henry County.

HB 307 Crotts, 17th HENRY COUNTY

An Act providing for the election and salary of the treasurer of Henry County.

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 Black

Blitch Boshears

Bowen Brown of 26th

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199

Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl

Harbison Henson Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Broun of 46th

Hill Pollard (excused)

Walker

On the passage of all the local bills, the yeas were 51, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite con stitutional majority, were passed.

The following resolution was read and adopted:

SR 129. By Senators Turner of the 8th, Ragan of the llth and Blitch of the 7th: A resolution commending Christopher Hatcher.
Senator Turner of the 8th introduced Christopher Hatcher.
SENATE CALENDAR Tuesday, January 31, 1995 TWELFTH LEGISLATIVE DAY

SB 32 Solid Waste Facilities--limit number in any given area (Substitute) (Nat R-- 36th)
SB 34 Drivers' Licenses Those Under Age 21--valid until age 21 (Pub Saf--52nd)
SB 35 Boxing Commission--contract with nonprofit organization for amateur boxing (EDT&CA--23rd)
SB 37 Drivers' Licenses--free replacement when stolen (Pub Saf--23rd)
SB 66 DUI--provisions on offense, implied consent to chemical tests (Judy--37th)
SB 68 Education--home economics course in parenting (Substitute) (H&HS--10th)
SB 84 Sheriffs--qualifications (Pub Saf--46th)
SB 93 Mental Illness--determining involuntary inpatient/outpatient care (H&HS-- 42nd)
SB 116 Sale of Supplies to Repair Certain Storm Damaged Structures--violations (S Judy--14th)

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SB 132 Development Authorities--directors as officers, local employees (EDT&CA-- 46th)
SB 199 Firefighter Standards and Training Council Executive Director--certain duties (Pub Saf--17th)
SB 206 Public Safety Commissioner--promulgate rules to carry out duties (Pub Saf-- 13th)
SR 29 Year of the Family in Georgia--designate 1995 (H&HS--25th)
The following general bills were read the third time and put upon their passage:

SB 32. By Senators Scott of the 36th, Ray of the 19th, Gillis of the 20th, Starr of the 44th, Clay of the 37th and others:

A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," so as to provide limits upon the numbers of solid waste facilities which may be permitted within any given area of the state; to state legislative intent; to provide for the manner of determination of areas affected; to provide for appli cation to modified and expanded facilities as well as new facilities.

Senator Scott of the 36th moved that SB 32 be postponed until February 14, 1995.

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

Those voting in the affirmative were Senators:

Abernathy Black Blitch Boshears Bowen Broun of 46th Brown of 26th Clay Crotts Day Dean Farrow Gillis

Griffin Harbison Henson Hooks Isakson James Kemp Land Langford Madden Marable Middleton

Oliver Perdue Ragan Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner

Those voting in the negative were Senators:

Balfour Burton Cagle Cheeks Edge

Egan Glanton Gochenour Guhl Johnson of 1st

McGuire Newbill Ralston Tanksley Tysinger

Those not voting were Senators:

Hill Johnson of 2nd

Pollard (excused)

Walker

On the motion, the yeas were 37, nays 15; the motion prevailed, and SB 32 was post poned until February 14, 1995.

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201

SB 34. By Senators Marable of the 52nd, Ray of the 19th, Dean of the 31st and Hill of the 4th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that any license issued to a person under the age of 21 years shall remain valid until such person reaches the age of 21 years; to provide for renewal of existing licenses of persons under 21 years at no cost for that period of time until such person reaches the age of 21 years.

Senators Isakson of the 21st and Clay of the 37th offered the following amendment:

Amend SB 34 by adding a new subparagraph "c" after line 14 on page 2 the following:
(c) The department shall require any license issued to a convicted felon on parole to be coded with the prefix CF preceding the drivers license number. The department shall upon successful completion of parole by a licensee remove the prefix when requested by the licensee.
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Brown of 26th Burton Cagle Cheeks Clay Day Dean Edge Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hooks Isakson Johnson of 1st Kemp Land Madden Marable McGuire Middleton Newbill

Oliver Perdue Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Egan.

Those not voting were Senators:

Broun of 46th Crotts Hill

James Johnson of 2nd

Langford Pollard (excused)

On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed as amended.

SB 35. By Senator Checks of the 23rd:
A bill to amend Chapter 31 of Title 31 of the Official Code of Georgia Annotated, relating to boxing match licenses, so as to provide that the State Boxing Com mission shall be authorized to contract with certain nonprofit organizations to promote amateur boxing; to repeal a provision relating to the repeal of such chapter.

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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, roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour
Black
Blitch
Boshears Bowen Broun of 46th
Brown of 26th Burton
Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Gochenour
Griffin
Guhl
Harbison Henson Hill
Hooks Isakson
James Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill
Oliver
Perdue
Ragan Ralston Ray
Scott Slotin
Starr Stokes Tanksley Taylor Thompson Turner Tysinger Walker

Voting in the negative were Senators Glanton and Thomas.

Not voting were Senators Johnson of the 2nd and Pollard (excused).

On the passage of the bill, the yeas were 52, nays 2. The bill, having received the requisite constitutional majority, was passed:

SB 37. By Senator Cheeks of the 23rd:

A bill to amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to license applications and fees, so as to provide for the free replace ment of a stolen driver's license; to provide for conditions and limitations; to provide for free police reports in connection with such replacement.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch
Boshears Bowen
Broun of 46th Brown of 26th Burton
Cagle Cheeks
Crotts Day Dean Edge

Egan Farrow Gillis
Glanton Gochenour
Griffin Guhl Harbison
Henson Hill
Hooks Isakson James Johnson of 1st

Kemp Land Langford
Madden Marable
Middleton Oliver Perdue
Ragan Ralston
Ray Scott Slotin Starr

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203

Stokes Tanksley Taylor

Thompson Turner

Not voting were Senators McGuire and Thomas.

Those not voting were Senators:

Black Clay Johnson of 2nd

Newbill Pollard (excused)

Tysinger Walker

On the passage of the bill, the yeas were 47, nays 2. The bill, having received the requisite constitutional majority, was passed.

SB 66. By Senators Clay of the 37th, Crotts of the 17th, McGuire of the 30th 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 the offense of driving under the influence of alcohol or drugs; to change the provisions relat ing to implied consent to chemical tests; to change the provisions relating to administration of chemical tests, rights of motorists, reporting of test results, refusal to submit to tests, and suspension or denial of licenses and permits.

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

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

Those voting in the affirmative were Senators:

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

Gochenour Griffin
Guhl Harbison Henson Hill Hooks Isakson Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill
Oliver Perdue Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thompson Turner Tysinger

Voting in the negative was Senator Walker.

Those not voting were Senators:

Black Blitch Cagle

Day James Johnson of 2nd

Pollard (excused) Ragan Thomas

On the passage of the bill, the yeas were 46, nays 1. The bill, having received the requisite constitutional majority, was passed.

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SB 68. By Senators Thomas of the 10th, Stokes of the 43rd and Brown of the 26th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses relating to the development and dissemination of instructional materials on the effect of alcohol, so as to require a course of study in home economics which includes parenting education as prescribed by the De partment of Education for all state funded schools with grade nine or above.
The Senate Health and Human Services Committee offered the following substitute to SB 68:
A BILL
To be entitled an Act to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses relating to the development and dissemination of instructional materials on the effect of alcohol, so as to require a course of study in home economics which includes parenting education as prescribed by the Department of Educa tion for all state funded schools with grades six, seven, or eight; to provide for related mat ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses relating to the development and dissemination of instructional materials on the effect of alcohol, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 20-2-142 to read as follows:
"20-2-142.
(a)(l) All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offerings in the manner prescribed by the State Board of Education:
(A) A course of study in the background, history, and development of the federal and state governments. The course in the study of federal and state governments shall be supplemented in each high school by a study of the local county and municipal governments; and
(B) A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals.
(2) No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection, except as provided in paragraph (3) of this subsection.
(3) Handicapped students who are otherwise eligible for a special education diploma pursuant to subsection (c) of Code Section 20-2-281 shall not be denied this diploma if they have not successfully completed either or both of these courses; provided, how ever, that their Individualized Education Programs have not specified that the handi capped students must enroll in and successfully complete both of these courses.
(b)(l) The State Board of Education and the Board of Public Safety shall jointly estab lish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The state board and the Board of Public Safety shall jointly, by rules or regulations, determine the contents of the course and its duration. The Board of Public Safety shall make available officers or employees of the Department of Public Safety to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically but not less than once annually in the

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public schools of this state to students in grades nine and above in the manner pre scribed by the state board.
(2) All schools with grade nine or above which receive funds in any manner from the state shall make available to eligible students the alcohol and drug course provided in paragraph (1) of this subsection.
(3) The commissioner of public safety shall make the alcohol and drug course, and instructors where necessary, available to the private schools in this state. In addition, the commissioner of public safety shall offer the alcohol and drug course periodically at various locations in the state in the manner provided by the Board of Public Safety.
(c) The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public schools and shall establish stan dards for its administration. The course shall include instruction concerning the impact of alcohol, tobacco, and drug use upon health and may occupy periods totaling not less than 30 minutes per day in kindergarten through grade eight or equivalent grade levels. A manual setting out the details of such courses of study shall be prepared or approved by the State School Superintendent in cooperation with the Department of Human Re sources, the state board, and such expert advisers as they may choose. The Department of Education is directed to assemble or develop instructional resources and materials concerning alcohol and drug abuse, taking into consideration technological enhance ments available for utilization of such instructional resources.
(d)(l) All schools with grades six, seven, or eight which receive in any manner funds from the state shall provide a course of study in home economics to include parenting education?
(2) The Department of Education shall prescribe a course of home economics to include parenting education. These courses shall contain instruction to prepare students to understand children's physical, mental, emotional, and social growth and development with emphasis on nutrition, family living and community relationships, domestic vio lence, home management, and the responsibilities of parenthood. The courses shall not contain any materials that would define emotional, social, or religious values.
(3) All parenting education instruction shall be taught by a certified teacher of home economics?
(dXe) The funds allocated under Code Section 20-2-13 shall be used for the purpose of creating and maintaining state educational research services for purposes which shall include, but shall not be limited to, the following:
(1) For the development, production, and procurement of curriculum materials and units of instruction on the scientific facts in regard to the influence and effect of alcohol on human health and behavior and on social and economic conditions, including sug gested methods of instruction in ways of working with boys and girls and young people in the various age groups and grade levels of the public schools of the state, as aids to classroom teachers and others responsible for the conduct of the educational program in the public schools;
(2) For the publication, procurement, and dissemination of curriculum materials, units of instruction, and suggested methods of instruction relating to the influence and effect of alcohol on human health and behavior and on social and economic conditions for the schoolteachers and educational officials in the various local school systems of the state, the Department of Education, and the various educational institutions of the state which are engaged in the education and training of teachers; and
(3) For cooperative work, by and between the state educational research service and the local school systems of the state, the Department of Education, and the educational institutions of the state which are engaged in the education and training of teachers, through conferences, study groups, demonstrations of methods and materials of in struction, and other means.

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) The state board is authorized to expend such amounts as may be necessary of the moneys allocated to it under Code Section 20-2-13 for the employment of a specialist or specialists or for contracting for the services of specialists in research and in develop ment and production of curriculum materials and units of instruction on the scientific facts in regard to the influence of alcohol on human health and behavior and on social and economic conditions, including methods of instruction; for the employment of secre tarial and clerical assistants and other office expenses; for expenses of conferences, study groups, and demonstrations; and for all other expenses necessary in carrying out the purposes of this Code section.
ffXg) The state board shall make available uniformly to the public schools of the state aricTthe educational institutions of the state engaged in the education and training of teachers the curriculum materials, the units of instruction, and the suggested methods of instruction which are developed under this Code section."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Thomas of the 10th offered the following amendment:
Amend the Senate Health and Human Services Committee substitute to SB 68 by adding on line 7 on page 1 immediately following the word "with" the following:
"an existing course of study in home economics in".
By adding on line 16 on page 3 immediately following the word "with" the following:
"an existing course of study in home economics in".
Senator Newbill of the 56th offered the following amendment:
Amend the committee substitute to SB 68 by deleting on page 3, line 21, the following:
"parenting education. These"; by deleting all of lines 22, 23, 24, 25, 26, 27, 28, 29, and adding in lieu thereof the following "independent living skills. These courses may in clude the skills required to open a bank account, how to apply for a loan, how to file simple federal and state tax returns as well as how to be a good parent."
Senator Walker of the 22nd offered the following amendment:
Amend the Newbill amendment to the committee substitute to SB 68 by deleting on page 1 lines 1 through 4.
Senator Newbill of the 56th offered the following amendment:
Amend the committee substitute to SB 68 by deleting on page 3 lines 30 and 31 and renum ber accordingly.
Senators Edge of the 28th, Day of the 48th and Thomas of the 10th offered the follow ing amendment:
Amend the committee substitute to SB 68 by striking on page 3 line 17 the word "shall" and inserting in lieu thereof the word "may".

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207

Senator Glanton of the 34th offered the following amendment:
Amend the committee substitute to SB 68 as follows: On line 20 page 3 delete "shall" and insert "may"; On line 22 page 3 delete "shall" and insert "may".
Senators Perdue of the 18th, Marable of the 52nd and Ray of the 19th offered the following amendment:
Amend the committee substitute to SB 68 by inserting on page 3 line 29 after "values": "or promote behavior which is inconsistent with current Georgia state law." Senator Thomas of the 10th moved that SB 68 be committed to the Senate Health and
Human Services Committee. On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 68 was commit
ted to the Senate Health and Human Services Committee.
SB 84. By Senators Brown of the 46th and Bowen of the 13th:
A bill to amend Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualifications and training requirements for sheriffs, so as to change certain qualifications; to provide that no person shall be eligible to hold the office of sheriff unless such person is a registered peace officer or is a certified peace officer.
Senator Broun of the 46th moved that SB 84 be committed to the Senate Public Safety Committee.
On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 84 was commit ted to the Senate Public Safety Committee.
Senator Cagle of the 49th introduced the doctor of the day, Dr. Bob G. Lanier, Atlanta, Georgia.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 87. By Representative Coker of the 31st and Towery of the 30th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to pro vide for the criminal offense of commission of a crime by a convicted felon through the use of a firearm.
Senator Perdue of the 18th moved that the Senate do now adjourn until 10:00 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 12:18 P.M.

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Senate Chamber, Atlanta, Georgia Wednesday, February 1, 1995 Thirteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd 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 Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 102. By Representative Davis of the 48th:
A bill to amend an Act revising and consolidating the law pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Person nel Administration, so as to eliminate specific requirements with reference to racial minorities and females.
HB 284. By Representative Martin of the 47th:
A bill to amend an Act providing for the appointment of magistrates in Fulton County, so as to provide for a change in the method of compensation of part-time magistrates.
HB 442. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Green," so as to change the compensation of the chairperson and commissioners of the Sumter County Board of Commissioners.
HB 451. By Representative Crawford of the 129th:
A bill to amend an Act creating a board of commissioners of roads and revenues for Upson County, so as to reapportion the board of commissioners; to provide new commissioner districts.
HB 182. By Representatives Mueller of the 152nd, Randall of the 127th, Smith of the 174th, Bostick of the 165th, Hembree of the 98th and others:
A bill to amend Code Section 9-13-140 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, so as to require that the street ad dress of real property be included in such advertisement.
HB 100. By Representative Childers of the 13th:
A bill to amend Part 3 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for funeral directors and embalmers, so as to provide for continuing education requirements for those licenses.

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209

HB 258. By Representative Holmes of the 53rd:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that certain public housing au thorities may combine or provide concurrently the landlord's demand for posses sion of property from a tenant with the lease termination notice required by federal regulations.
HB 164. By Representatives Parrish of the 144th, Coleman of the 142nd, Buck of the 135th, Royal of the 164th and Purcell of the 147th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund.
HB 15. By Representatives Smith of the 175th, Walker of the 141st, Stephenson of the 25th, Hart of the 116th, Trense of the 44th and others:
A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school textbooks, so as to change the manner in which such textbooks are approved and selected.
HB 34. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th, Royal of the 164th and Culbreth of the 132nd:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Reve nue Code" and "Internal Revenue Code of 1986" and thereby to incorporate pro visions of federal law into Georgia law.
HB 328. By Representative Watson of the 139th:
A bill to amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to change the provisions relating to the duty of the state auditor to maintain statistics on architectural and engi neering firms doing business with the state; to change the manner in which the amount of business awarded by the state is calculated.
HB 318. By Representatives Randall of the 127th, Childers of the 13th and Jones of the 71st:
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 provide for definitions; to provide for criminal record checks for employment applicants for nursing homes.
HB 248. By Representative Channell of the lllth:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change the name of the "Executive Probate Judges Council of Georgia" to the "Probate Judges Training Council".

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HB 212. By Representatives Twiggs of the 8th, Powell of the 23rd, Greene of the 158th, Stancil of the 91st and Parham of the 122nd:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to prohibit the unauthorized use of Department of Public Safety nomenclature or symbols.
HB 106. By Representatives Lane of the 146th, Coleman of the 142nd, Buck of the 135th, Parrish of the 144th, Channell of the lllth and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' compensation, so as to provide that any person who performs voluntary service without pay for the Atlanta Committee for the Olympic Games, shall be deemed an employee of the organization for purposes of workers' compensation coverage while perform ing such service.
HB 147. By Representatives Powell of the 23rd and McCall of the 90th:
A bill to amend Code Section 50-7-12 of the Official Code of Georgia Annotated, relating to authorization c" welcome centers, construction, operation, and main tenance of welcome centers, and installation and operation of vending machines at welcome centers, so as to provide for the installation and operation of auto mated teller machines and cash-dispensing machines at welcome centers.
HB 174. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, known as the "Litter Control Law," so as to change the pen alty provisions applicable to the crime of littering public or private property or waters.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 122. By Senators Langford of the 29th, Clay of the 37th, Tanksley of the 32nd and Thompson of the 33rd:
A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide for additional powers of the Georgia Crime Information Center; to provide for the establishment, operation, and maintenance of an automated telephone sys tem for the verification of firearm serial numbers against the National Crime Information Center database.
Referred to Committee on Special Judiciary.
SB 255. By Senators Ralston of the 51st, Land of the 16th and Clay of the 37th:
A bill to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to imputable negligence, so as to increase the amount for which a par ent or guardian having custody and control over a minor child shall be liable for the willful or malicious act of the minor resulting in property damage.
Referred to Committee on Judiciary.

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211

SB 256. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill 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 create the Georgia Policy Council for Children and Families; to provide for a short title; to provide for findings and intent; to provide for definitions; to provide for the se lection, qualifications, terms, compensation, and expenses of members of said council.
Referred to Committee on Judiciary.
SB 257. By Senator Starr of the 44th:
A bill to amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to the compensation of court bailiffs, so as to increase the maximum authorized compensation for court bailiffs.
Referred to Committee on State and Local Governmental Operations - General.
SB 258. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, as amended, so as to change certain provisions relative to the compensation of the deputy tax com missioner.
Referred to Committee on State and Local Governmental Operations.
SB 259. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the compensa tion of the deputy clerk of the superior court; to provide for the application of civil service benefits.
Referred to Committee on State and Local Governmental Operations.
SB 260. 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 deputy clerk of said court; to provide for the application of civil service benefits.
Referred to Committee on State and Local Governmental Operations.
SB 261. By Senators Starr of the 44th and Thomas of the 10th:
A bill to provide that each resident of the Clayton County School District who is 65 years of age and older shall be granted an exemption from all Clayton County School District taxes on the full value of such person's homestead owned and occupied by such person as a residence; to provide for practices and procedures in connection with such exemption; to provide for affidavits and forms; to pro vide for related matters; to provide for applicability; to provide for a referendum.
Referred to Committee on State and Local Governmental Operations.
SB 262. By Senator Oliver of the 42nd:
A bill to amend Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, so as to change the facili ties in which services may be rendered to repay certain loans or scholarships.
Referred to Committee on Judiciary.

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SB 263. By Senators Broun of the 46th, Madden of the 47th, Starr of the 44th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for special license plates to commemorate the holding of the 1996 Paralympic Games in the City of Atlanta and the State of Georgia; to authorize the state revenue commissioner with the approval of the Fiscal Affairs Subcom mittees of the Senate and House of Representatives to negotiate and execute licensing agreements or other agreements for this purpose.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 264. By Senators Clay of the 37th, Tanksley of the 32nd, Isakson of the 21st and Thompson of the 33rd:
A bill to provide for an additional judge of the superior court of the Cobb Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to provide for terms; to prescribe the pow ers of said judge; to prescribe the compensation and allowances of said judge; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit.
Referred to Committee on Judiciary.
SB 265. By Senators Guhl of the 45th and Cheeks of the 23rd:
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 provide that information contained in any examination or test of an applicant for a driver's license or any brochure concerning any such examination or test shall be written in the English language; to provide that a driver's license shall be typed or printed in English.
Referred to Committee on Public Safety.
SB 266. By Senators Boshears of the 6th, Johnson of the 2nd, Blitch of the 7th and others:
A bill to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Department of Archives and History, so as to remove the duties of said department relative to Indians; to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to establish the Georgia Indian Affairs Commission and to pro vide for the appointment, terms, duties, vacancies, and expenses of its members.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 267. By Senators Boshears of the 6th and Blitch of the 7th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to provide that the director shall not approve the transportation of sludge to a county other than the county in which the sludge is generated unless the governing authority of the receiving county provides approval; to provide for practices and proce dures; to provide for applicability.
Referred to Committee on Natural Resources.

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213

SB 268. By Senators Thomas of the 10th, Stokes of the 43rd, Johnson of the 2nd and James of the 35th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relating to torts, so as to provide for a right of action for sexual harassment; to provide for definitions; to provide for practices, procedures, and requirements relating to such right of action; to provide for ex ceptions; to provide for limitation of actions for sexual harassment; to require the posting of certain signs by certain employers.
Referred to Committee on Judiciary.
SR 132. By Senators Langford of the 29th and Edge of the 28th:
A resolution designating the bridge on State Highway 109 over West Point Lake the Wade R. Milam, Jr., Bridge.
Referred to Committee on Transportation.
SR 136. By Senators Day of the 48th, Cagle of the 49th, Slotin of the 39th and others:
A resolution urging the United States Senate to adopt the balanced budget amendment.
Referred to Committee on State and Local Governmental Operations - General.
SR 137. By Senators Clay of the 37th, Edge of the 28th, Land of the 16th and others:
A resolution directing the Department of Corrections to develop a five-year plan regarding the operation of the state correctional system.
Referred to Committee on Corrections, Correctional Institutions and Property.
The following bills of the House were read the first time and referred to committees:
HB 15. By Representatives Smith of the 175th:
A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school textbooks, so as to change the manner in which such textbooks are approved and selected.
Referred to Committee on Education.
HB 34. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th and others:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Reve nue Code" and "Internal Revenue Code of 1986" and thereby to incorporate pro visions of federal law into Georgia law.
Referred to Committee on Public Utilities.
HB 87. By Representatives Coker of the 31st and Towry of the 30th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to pro vide for the criminal offense of commission of a crime by a convicted felon through the use of a firearm.
Referred to Committee on Special Judiciary.

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HB 100. By Representative Childers of the 13th:
A bill to amend Part 3 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for funeral directors and embalmers, so as to provide for continuing education requirements for those licenses.
Referred to Committee on Health and Human Services.
HB 106. By Representatives Lane of the 146th, Coleman of the 142nd, Buck of the 135th and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' compensation, so as to provide that any person who performs voluntary service without pay for the Atlanta Committee for the Olympic Games, shall be deemed an employee of the organization for purposes of workers' compensation coverage while perform ing such service.
Referred to Committee on Insurance and Labor.
HB 147. By Representatives Powell of the 23rd and McCall of the 90th:
A bill to amend Code Section 50-7-12 of the Official Code of Georgia Annotated, relating to authorization of welcome centers, construction, operation, and main tenance of welcome centers, and installation and operation of vending machines at welcome centers, so as to provide for the installation and operation of auto mated teller machines and cash-dispensing machines at welcome centers.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 164. By Representatives Parrish of the 144th, Coleman of the 142nd, Buck of the 135th and others:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund.
Referred to Committee on Appropriations.
HB 174. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, known as the "Litter Control Law," so as to change the pen alty provisions applicable to the crime of littering public or private property or waters.
Referred to Committee on Judiciary.
HB 182. By Representatives Mueller of the 152nd, Randall of the 127th, Smith of the 174th and others:
A bill to amend Code Section 9-13-140 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, so as to require that the street ad dress of real property be included in such advertisement.
Referred to Committee on Special Judiciary.

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215

HB 212. By Representatives Twiggs of the 8th, Powell of the 23rd, Greene of the 158th and others:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to prohibit the unauthorized use of Department of Public Safety nomenclature or symbols.
Referred to Committee on Public Safety.
HB 248. By Representative Channell of the lllth:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change the name of the "Executive Probate Judges Council of Georgia" to the "Probate Judges Training Council".
Referred to Committee on Judiciary .
HB 258. By Representative Holmes of the 53rd:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that certain public housing au thorities may combine or provide concurrently the landlord's demand for posses sion of property from a tenant with the lease termination notice required by federal regulations.
Referred to Committee on Special Judiciary.
HB 318. By Representatives Randall of the 127th, Childers of the 13th and Jones of the 71st:
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 provide for definitions; to provide for criminal record checks for employment applicants for nursing homes.
Referred to Committee on Youth, Aging and Human Ecology.
HB 328. By Representative Watson of the 139th:
A bill to amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to change the provisions relating to the duty of the state auditor to maintain statistics on architectural and engi neering firms doing business with the state; to change the manner in which the amount of business awarded by the state is calculated.
Referred to Committee on Appropriations.
HB 102. By Representative Davis of the 48th:
A bill to amend an Act revising and consolidating the law pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Person nel Administration, so as to eliminate specific requirements with reference to racial minorities and females.
Referred to Committee on State and Local Governmental Operations.
HB 284. By Representative Martin of the 47th:
A bill to amend an Act providing for the appointment of magistrates in Fulton County, so as to provide for a change in the method of compensation of part-time magistrates.
Referred to Committee on State and Local Governmental Operations.

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HB 442. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Green," so as to change the compensation of the chairperson and commissioners of the Sumter County Board of Commissioners.
Referred to Committee on State and Local Governmental Operations.
HB 451. By Representative Crawford of the 129th:
A bill to amend an Act creating a board of commissioners of roads and revenues for Upson County, so as to reapportion the board of commissioners; to provide new commissioner districts.
Referred to Committee on State and Local Governmental Operations.
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 125. Do pass.
Respectfully submitted, Senator Ragan of the llth District, Chairman
Mr. President: The Committee on Finance and Public Utilities has had under consideration the fol
lowing resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 19. Do pass by substitute. SR 113. Do pass as amended. SR 118. 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 fol
lowing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 43. Do pass by substitute. SB 195. Do pass as amended.
Respectfully submitted, Senator Walker of the 22nd District, Chairman

WEDNESDAY, FEBRUARY 1, 1995

217

Mr. President:

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

SB 79. Do pass by substitute.

SB 140. Do pass by subtitute.

SB 131. Do pass.

SB 227. Do pass.

Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President:

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

HB 136. Do pass.

HB 171. Do pass.

HB 137. Do pass.

HB 266. Do pass.

HB 138. Do pass.

Respectfully submitted, Senator Cheeks of the 23rd District, Chairman

Mr. President:

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

SB 57. Do pass by substitute.

SB 141. Do pass.

SB 58. Do pass.

SB 159. Do pass.

SB 114. Do pass by substitute.

Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 210. Do pass.

HB 370. Do pass.

HB 294. Do pass.

HB 371. Do pass.

HB 317. Do pass.

HB 372. Do pass.

HB 322. Do pass.

HB 373. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills and resolution were read the second time:

SB 22 SB 100 SB 207

SB 31 SB 126 SR 1

SB 47 SB 185 HB 163

SB 52 SB 200

SB 54 SB 204

SB 73 SB 205

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

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy

Crotts

Johnson of 2nd

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Glanton of the 34th introduced the chaplain of the day, Pastor Gene Evans, Believers Church, Douglasville, Georgia, who offered scripture reading and prayer.
Senator Newbill of the 56th introduced the doctor of the day, Dr. Thomas E. Price, Roswell, Georgia.
The following resolutions were read and adopted:
SR 133. By Senator Edge of the 28th:
A resolution expressing regret at the passing of Mr. Glen P. Woodard.

SR 134. By Senator Ralston of the 51st:
A resolution commending and honoring the Ellijay Apple Marketing Association and its member apple growers.

SR 138. By Senator Crotts of the 17th: A resolution recognizing Liz Daniel.

WEDNESDAY, FEBRUARY 1, 1995

219

The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, February 1, 1995 THIRTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 210 Bowen, 13th IRWIN COUNTY
Amend an Act creating the Board of Commissioners of Irwin County so as to change provisions relating to the salary of the chairman of the Board of Com missioners.
HB 294 Langford, 29th HEARD COUNTY
Amend an Act providing for the election of members of the Board of Education of Heard County, so as to provide for nonpartisan primaries and elections to mem bers of the Board of Education.
HB 317 Land, 16th TALBOT COUNTY
Amend an Act reconstituting the Board of Education of Talbot County and pro vide for other compensation of members of the Board of Education.
HB 322 Broun, 46th CLARKE COUNTY
Amend an Act providing for the Clarke County School district so as to change the compensation and expenses of the members of the Board of Education.
HB 370 Thomas, 10th Tysinger, 41st Oliver, 42nd Stokes, 43rd Henson, 55th DEKALB COUNTY
Impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County.
HB 371 Turner, 8th Ragan, llth DECATUR COUNTY
Amend an Act making provisions for the judge of the Probate Court of Decatur County.

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HB 372 Turner, 8th Ragan, llth DECATUR COUNTY
Amend an Act creating the Board of Commissioner of Decatur County so as to change the compensation of the chairperson and members of said board.

HB 373 Turner, 8th Ragan llth DECATUR COUNTY

Amend an Act providing for the composition of the Board of Education of Decatur County.

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 Black Blitch Boshears
Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Farrow
Gillis

Glanton Gochenour Guhl Henson
Hill Hooks Isakson Johnson of 2nd Johnson of 1st Kemp Langford Madden Marable McGuire Middleton Newbill
Oliver

Perdue Pollard Ragan Ralston
Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Egan

Griffin Harbison

James Land

On the passage of all the local bills, the yeas were 50, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite con stitutional majority, were passed.
Senator Langford of the 29th introduced the Artist of the Year from LaGrange Georgia Arts Day, Lee Johnson, commended by SR 92, adopted previously.

SENATE CALENDAR
Wednesday, February 1, 1995 THIRTEENTH LEGISLATIVE DAY

SB 93 Mental Illness--determining involuntary inpatient/outpatient care (H&HS-- 42nd)
SB 116 Sale of Supplies to Repair Certain Storm Damaged Structures--violations (S Judy--14th)

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221

SB 132 Development Authorities--directors as officers, local employees (Amendment) (EDT&CA--46th)
SB 199 Firefighter Standards and Training Council Executive Director--certain duties (Pub Saf--17th)
SB 206 Public Safety Commissioner--promulgate rules to carry out duties (Pub Saf-- 13th)
SR 29 Year of the Family in Georgia--designate 1995 (H&HS--25th)
SB 30 Juvenile Proceedings--certain adjudicatory hearings open (Substitute) (Judy-- 42nd)
The following general bills were read the third time and put upon their passage:

SB 93. By Senators Oliver of the 42nd and Ralston of the 51st:
A bill to amend Code Section 37-3-90 of the O.C.G.A., relating to determination and certification as to involuntary outpatient care and treatment of a patient as an inpatient or outpatient, so as to change the requirements for determining whether a person needs involuntary outpatient care or involuntary inpatient care for mental illness.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On 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 Black Blitch Boshears Bowen Broun of 46th
Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Hill
Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston
Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson Tysinger Walker

Those not voting were Senators:

Henson

Starr

Turner

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 116. By Senators Hooks of the 14th, Taylor of the 12th, Bowen of the 13th and others:
A bill to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair trade practices, so as to provide for

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additional civil penalties and civil remedies for violations committed in connec tion with the sale of supplies for or repair of structures damaged in natural disasters; to define terms; to prescribe activities covered.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Glanton Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ralston Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Gillis Henson

Langford Ragan

Starr

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

SB 132. By Senator Broun of the 46th:
A bill to amend Code Section 36-62-5 of the Official Code of Georgia Annotated, relating to directors of development authorities, so as to eliminate the prohibi tion against directors being officers or employees of a county or municipal corpo ration.

Senators Thompson of the 33rd and Broun of the 46th offered the following amendment:
Amend SB 132 by striking line 5 of page 1 and inserting in lieu thereof the following:
"municipal corporation; to require audited financial statements; to provide for an effec tive date; to". By adding between lines 19 and 20 of page 1 the following:

"SECTION 2.
Said Code section is further amended by adding at the end thereof a new subsection (f) to read as follows:
'(f) Each development authority shall provide to its respective county or municipal fiscal officer, as the case may be, an audited financial statement within six months of the end of the previous fiscal year.'"

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223

By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.
On the adoption of the amendment offered by Senators Thompson of the 33rd and Broun of the 46th, the yeas were 38, nays 0, and the amendment was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of SB 132 would be suspended and the bill was placed on the Senate Calendar.

SB 199. By Senators Crotts of the 17th, Guhl of the 45th and Farrow of the 54th:

A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to provide that the executive director of the Georgia Firefighter Standards and Training Council shall assume certain duties previously carried out by the superintendent of the Georgia Fire Academy; to change certain definitions; to change the provisions relating to notification that an organization meets the requirements of a fire department.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Not voting was Senator Starr.

On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 206. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Public Safety, so as to authorize the commissioner of public safety to promulgate rules and regulations as necessary to carry out his or her official duties.
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 Black Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Blitch and Boshears.

On the passage of the bill, the yeas were 54, nays 2. The bill, having received the requisite constitutional majority, was passed.

SR 29. By Senator Griffin of the 25th:

A resolution designating 1995 as the Year of the Family in Georgia.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black
Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day
Dean
Edge Egan
Farrow
Gillis
Gochenour

Guhl Harbison Henson
Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land
Langford
Madden Marable
McGuire
Middleton
Newbill

Griffin

Oliver Perdue Pollard
Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley
Taylor
Thomas Thompson
Turner
Tysinger
Walker

Those not voting were Senators:

Blitch

Clay

Bowen

Glanton

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225

On the adoption of the resolution, the yeas were 52, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SB 30. By Senators Oliver of the 42nd, Farrow of the 54th, Ray of the 19th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the admission of the general public to adjudicatory hearings involving an allegation of a desig nated felony, an allegation of delinquency of a child who has previously been adjudicated delinquent, and, at the court's discretion, other juvenile court pro ceedings.
The Senate Judiciary Committee offered the following substitute to SB 30:
A BILL
To be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the admission of the general public to adjudicatory hearings involving an allegation of a designated felony, an allegation of delinquency of a child who has previously been adjudicated delinquent, and, at the court's discretion, other juvenile court proceedings; to provide for inspection of complaints, petitions, and orders from such cases which were open to the public; to provide exceptions; to provide for prompt written notice to the school superintendent when a child is adjudicated delinquent for a second or subsequent time or of an adjudicatory proceeding involving a designated felony; to authorize the storage for computer retrieval of records, dockets, indices, or files of the juvenile court; to provide for related matters; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated relating to juvenile proceedings, is amended by striking in its entirety subsection (c) of Code Section 15-11-28, relating to the conduct of hearings, and inserting in lieu thereof a new subsection (c) and an additional subsection to be designated subsection (c.l) to read as follows:
"(c) Except as otherwise provided by subsection (c.l) of this Code section, the The general public shall be excluded from hearings involving delinquency, deprivation, or unruliness. Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court. The court may tempo rarily exclude the child from the hearing except while allegations of his or her delinquency or unruly conduct are being heard.
(c.l) The general public shall be admitted to:
(1) An adjudicatory hearing involving an allegation of a designated felony pursuant to Code Section 15-11-37;
(2) An adjudicatory hearing involving an allegation of deliquency brought in the inter est of any child who has previously been adjudicated delinquent; provided, however, trie court shall close any delinquency hearing on an allegation of sexual assault or any delinquency hearing at which any party expects to introduce substantial evidence re lated to matters of deprivation; or
(3) At the court's discretion, any dispositional hearing involving any proceeding under this article."

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SECTION 2.
Said article is further amended by striking in its entirety Code Section 15-11-58, relating to inspection of court files and records, and inserting in lieu thereof a new Code section to read as follows:
"15-11-58.
Except in cases arising under Code Section 15-11-49, and subject to the requirements of subsection (d) of Code Section 15-11-33 and Code Section 15-11-61, and with the excep tion of any complaint, petition, and order from any case that was open to the public pursuant to subsection (c.l) of Code Section 15-11-28, all files and records of the court in a proceeding under this article are open to inspection only upon order of the court. The judge may permit authorized representatives of recognized organizations compiling sta tistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those conditions. The judge may permit any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a student as a part of such counseling person's school employment duties, to review official records of the court in any proceeding under this chapter concerning that student, including but not limited to records of that child's controlled substance or marijuana abuse, which records are pro tected by Code Section 49-5-41.1, under whatever conditions that the judge may deem proper and may punish by contempt any violation of those conditions. The judge shall permit authorized representatives of the Department of Children and Youth Services, the Department of Corrections, the Children and Youth Coordinating Council, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court."
SECTION 3.
Said article is further amended by inserting a new Code section to be designated Code Section 15-11-58.1 to read as follows:
"15-11-58.1.
Within 14 days of any proceeding in which a child is adjudicated delinquent for a second or subsequent time or any adjudicatory proceeding involving a designated felony, the court shall provide written notice to the school superintendent or his or her designee of the school in which such child is enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific delinquent act or designated felony act that such child committed."
SECTION 4.
Said article is further amended by inserting in Code Section 15-11-65, relating to juvenile court powers as a court of inquiry, court of record, and in issuing warrants and the preser vation and destruction of records of the court, a new subsection to be designated subsection (c.l) to read as follows:
"(c.l) Nothing in this chapter shall restrict or otherwise prohibit a juvenile court clerk from electing to store for computer retrieval any or all records, dockets, indices, or files; nor shall a juvenile court clerk be prohibited from combining or consolidating any books, dockets, files, or indices in connection with the filing for record of papers of the kind specified in this chapter or any other law, provided that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indices. When the clerk of a juvenile court elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security maintained."

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227

SECTION 5.

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

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

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

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Hill Hooks Isakson Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Tanksley Taylor Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Abernathy Griffin

Henson James

Stokes

Not voting were Senators Brown of 26th and Thomas.
On the passage of the bill the yeas were 49, nays 5.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Perdue of the 18th moved that the Senate do now adjourn until 9:30 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 11:35 A.M.

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Senate Chamber, Atlanta, Georgia Thursday, February 2, 1995 Fourteenth Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President.
Senator Marable of the 52nd 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 Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 467. By Representative Stancil of the 91st:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Oconee County.
HB 482. By Representatives Epps of the 131st, Smith of the 102nd and Brown of the 130th:
A bill to amend an Act providing a board of education of Troup County, so as to provide for legislative intent; to change the length of the terms of members of the board of education.
HB 119. By Representative Twiggs of the 8th:
A bill to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers generally, so as to change the provisions relating to notice to accused of time and place of commit ment hearing.
HB 220. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th, Ray of the 128th and Streat of the 167th:
A bill to amend the Official Code of Georgia Annotated, so as to provide that ratites are livestock for the purposes of certain laws of this state; to amend Title 1 of the Official Code of Georgia Annotated, relating to general provisions of law, so as to change a definition; to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change provisions relating to marks, brands, and tattoos and registration and certificates related thereto.
HB 401. By Representatives Purcell of the 147th, Reaves of the 178th, Hudson of the 156th, Benefield of the 96th, Mueller of the 152nd and others:
A bill to amend Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife, generally, so as to provide that it shall be unlawful to feed wild alligators.

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229

HB 327. By Representative Cummings of the 27th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the maximum amount of compen sation used in computing employee contributions to and benefits due from any public retirement or pension system shall be that established by the federal In ternal Revenue Code.
HB 264. By Representatives Tillman of the 173rd, Smith of the 175th, Smith of the 174th, Smith of the 169th, Mosley of the 171st and others:
A bill to amend Code Section 27-4-150, related to the taking, possessing, and dealing in crabs and peelers, so as to provide for a commercial crabbing license.
HB 208. By Representatives Barfoot of the 155th, Lane of the 146th, Parrish of the 144th, Godbee of the 145th, Barnard of the 154th and others:
A bill to amend Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, known as the "Vidalia Onion Act of 1986," so as to change the defini tion of a term and provide additional definitions; to change the provisions relat ing to the powers and duties of the Commissioner of Agriculture to prescribe rules and regulations.
HB 250. By Representatives Walker of the 141st and Royal of the 164th:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to local government in general, so as to enact the "Local Government Authorities Registration Act".
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 173. By Representatives Reaves of the 178th, Holland of the 157th, Purcell of the 147th, Floyd of the 138th, Greene of the 158th and others:
A resolution urging the Congress of the United States to enact legislation which would require the label of any product marketed in the United States which contains peanuts to list the country of origin of such peanuts.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 269. By Senator Oliver of the 42nd:
A bill to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to define a term; to provide for statutory construction; to provide that any pawnbroker or clerk, agent, or employee of a pawnbroker who sells, offers for sale, or disposes of five or more firearms a year shall be required during hours when such pawnbroker's place of business is not open for business to keep such firearms in a locked or secured container.
Referred to Committee on Consumer Affairs.

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SB 270. By Senator James of the 35th:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to provide for the "Good Neighbor Zoning Act"; to provide for legislative intent; to provide for multijurisdictional hearing authorities; to provide for the procedures of multijurisdictional review; to amend Chapter 67 of Title 36 of the Official Code of Georgia Annotated, relating to zoning proposal review procedures, so as to provide for multijurisdictional zon ing proposal review authorities.
Referred to Committee on State and Local Governmental Operations - General.
SB 271. By Senator Ragan of the llth:
A bill to amend Code Section 43-30-1 of the Official Code of Georgia Annotated, relating to the definition of terms applicable to optometrist regulation, so as to provide for an expanded definition of permissible pharmaceutical agents.
Referred to Committee on Health and Human Services.
SB 272. By Senators Gillis of the 20th, Henson of the 55th and Starr of the 44th:
A bill to amend Article 1 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases, so as to delete provisions relat ing to the disclosure of the dates of birth and social security numbers of wit nesses.
Referred to Committee on Special Judiciary.
SB 273. By Senators Starr of the 44th 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, as amended, so as to increase the amount of the homestead exemption from City of Morrow ad valorem taxes to $40,000.00; to provide for applicability; to provide for a referendum and auto matic repeal.
Referred to Committee on State and Local Governmental Operations.
SB 274. By Senator Abernathy of the 38th:
A bill to amend Code Section 26-2-373, relating to the promulgation of rules, regulations, and standards by the Department of Human Resources and county boards of health relating to food service establishments, so as to authorize the Department of Human Resources to adopt and promulgate rules and regula tions involving food safety protection training and certification of permit holders and individuals having supervisory or management duties.
Referred to Committee on Consumer Affairs.
SR 139. By Senator Thomas of the 10th:
A resolution directing the Division of Public Health of the Department of Human Resources, acting in consultation with the Georgia Trauma Advisory Council, to create a state-wide trauma response system plan.
Referred to Committee on Health and Human Services.

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231

The following bills and resolution of the House were read the first time and referred to committees:
HB 119. By Representative Twiggs of the 8th:
A bill to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers generally, so as to change the provisions relating to notice to accused of time and place of commit ment hearing.
Referred to Committee on Public Safety.
HB 208. By Representatives Barfoot of the 155th, Lane of the 146th, Parrish of the 144th and others:
A bill to amend Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, known as the "Vidalia Onion Act of 1986," so as to change the defini tion of a term and provide additional definitions; to change the provisions relat ing to the powers and duties of the Commissioner of Agriculture to prescribe rules and regulations.
Referred to Committee on Agriculture.
HB 220. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th and others:
A bill to amend the Official Code of Georgia Annotated, so as to provide that ratites are livestock for the purposes of certain laws of this state; to amend Title 1 of the Official Code of Georgia Annotated, relating to general provisions of law, so as to change a definition; to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change provisions relating to marks, brands, and tattoos and registration and certificates related thereto.
Referred to Committee on Agriculture.
HB 250. By Representatives Walker of the 141st and Royal of the 164th:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to local government in general, so as to enact the "Local Government Authorities Registration Act".
Referred to Committee on State and Local Governmental Operations--General.
HB 264. By Representatives Tillman of the 173rd, Smith of the 175th, Smith of the 174th and others:
A bill to amend Code Section 27-4-150, related to the taking, possessing, and dealing in crabs and peelers, so as to provide for a commercial crabbing license.
Referred to Committee on Natural Resources.
HB 327. By Representative Cummings of the 27th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the maximum amount of compen sation used in computing employee contributions to and benefits due from any public retirement or pension system shall be that established by the federal In ternal Revenue Code.
Referred to Committee on Retirement.

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HB 401. By Representatives Purcell of the 147th, Reaves of the 178th, Hudson of the 156th and others:
A bill to amend Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife, generally, so as to provide that it shall be unlawful to feed wild alligators.
Referred to Committee on Natural Resources.

HB 467. By Representative Stancil of the 91st:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Oconee County.
Referred to Committee on State and Local Governmental Operations.
HB 482. By Representatives Epps of the 131st, Smith of the 102nd and Brown of the 130th:
A bill to amend an Act providing a board of education of Troup County, so as to provide for legislative intent; to change the length of the terms of members of the board of education.
Referred to Committee on State and Local Governmental Operations.

HR 173. By Representatives Reaves of the 178th, Holland of the 157th, Purcell of the 147th and others:
A resolution urging the Congress of the United States to enact legislation which would require the label of any product marketed in the United States which contains peanuts to list the country of origin of such peanuts.
Referred to Committee on Agriculture.

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

SB 165. Do pass.

SB 242. Do pass.

Respectfully submitted, Senator Turner of the 8th District, Chairman

Mr. President:

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

SB 153. Do pass.

HB 246. Do pass.

Respectfully submitted, Senator Henson of the 55th District, Chairman

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233

Mr. President:

The Committee on Corrections, Correctional Institutions and Property has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 134. Do pass.

SB 229. Do pass.

SB 222. Do pass.

SR 90. Do pass.

SB 228. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 203. Do pass.

HR 55. Do pass.

Respectfully submitted, Senator Harbison of the 15th District, Chairman

Mr. President:

The Committee on Economic Development, Tourism and Cultural Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 27. Do pass by substitute.

SR 122. Do pass as amended.

SB 232. Do pass.

HR 49. Do pass.

Respectfully submitted, Senator Broun of the 46th District, Chairman

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

SB 123. Do pass.

SB 233. Do pass by substitute.

SB 125. 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 Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 208. Do pass by substitute.

SB 238. Do pass as amended.

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

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Mr. President:
The Committee on Natural Resources has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 201. Do pass.

HB 274. Do pass.

HB 200. Do pass.

HB 277. Do pass.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:
The Committee on State and Local Governmental Operations has had under consider ation 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 248. Do pass.

HB 412. Do pass.

HB 427. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

SB 43 SB 140 SR 113 HB 171

SB 57 SB 141 SR 118 HB 266

SB 58 SB 159 HB 125

SB 79 SB 195 HB 136

SB 114 SB 227 HB 137

The following resolution of the Senate was read and adopted.

SB 131 SR 19 HB 138

SR 153. By Senators Perdue of the 18th, Marable of the 52nd, Ray of the 19th and others:
A resolution commending exceptional members of 4-H and recognizing the ob servance of 4-H Day at the State Capitol.
Senator Perdue of the 18th introduced Julian Harris, President of 4-H, commended by SR 153, who addressed the Senate briefly.
The following resolutions of the Senate were read and adopted:

SR 140. By Senator McGuire of the 30th: A resolution commending Carlton Webb.

SR 141. By Senators Broun of the 46th and Pollard of the 24th: A resolution commending Maria Vickers.

SR 142. By Senator Gillis of the 20th: A resolution recognizing and commending Jill Stephens.

SR 143. By Senators Broun of the 46th and Pollard of the 24th: A resolution recognizing and commending Jennifer Stancil.

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235

SR 144. By Senators Edge of the 28th and Langford of the 29th: A resolution commending Brandie Rucks.

SR 145. By Senators Edge of the 28th and Langford of the 29th: A resolution recognizing and commending Brandie Rucks.

SR 146. By Senator Hill of the 4th: A resolution commending Rachael Martin.

SR 147. By Senator McGuire of the 30th: A resolution recognizing and commending Brandon Marlow.

SR 148. By Senator Hill of the 4th: A resolution recognizing and commending Brad Love.

SR 149. By Senators Bowen of the 13th and Ray of the 19th: A resolution recognizing and commending Lee Heidel.

SR 150. By Senator Perdue of the 18th: A resolution recognizing and commending Julian Harris.

SR 151. By Senators Ragan of the llth and Turner of the 8th: A resolution recognizing and commending VaShaun Harper.

SR 152. By Senator Madden of the 47th: A resolution commending Erin Gilbert.

SR 154. By Senators Blitch of the 7th and Boshears of the 6th: A resolution commending and recognizing Reverend Arnold McKinney.

SR 155. By Senator Abernathy of the 38th:
A resolution recognizing African American entrepreneurs and celebrating "Afri can American Business Enterprise Day".

SR 158. By Senator Dean of the 31st: A resolution commending Charles Hardy.

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

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th

Burton Cagle Cheeks Clay Crotts Day Dean

Edge Egan Farrow Gillis Glanton Gochenour Griffin

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Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land

Langford Madden Marable McGuire Middleton Newbill Oliver Pollard Ralston Ray Scott

Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy

Perdue

Ragan

The Elm Street Elementary School Rainbow Unit Color Guard of Newnan, Georgia presented the Colors.
The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator James of the 35th introduced the chaplain of the day, Father Bruce Wilkinson, pastor of Most Blessed Sacrament Catholic Church, Atlanta, Georgia, who offered scripture reading and prayer.
Senator Gillis of the 20th introduced the doctor of the day, Dr. Ronnie R. Smith, Vidalia, Georgia.

Senator Slotin of the 39th moved that the following bill be withdrawn from the Senate Finance and Public Utilities Committee and committed to the Senate State and Local Gov ernmental Operations Committee:

SB 254. By Senators Slotin of the 39th, Thomas of the 10th, Oliver of the 42nd and others:
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," as amended, so as to reduce the minimum acreage required for a residential zone within 1,000 feet of a MARTA station from 2.5 to one; to reduce the minimum acreage re quirement from eight to five for a mixed-use commercial and residential zone.
On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 254 was with drawn from the Senate Finance and Public Utilities Committee and committed to the Senate State and Local Governmental Operations Committee.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Thursday, February 2, 1995 FOURTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 248 Hooks, 14th CITY OF BYRON
Amends an Act creating a new charter for the City of Byron.

THURSDAY, FEBRUARY 2, 1995

237

HB 427 Brown, 26th Gillis, 20th CITY OF GORDON
Amends an Act providing for a new charter for the City of Gordon.

HB 412 Land, 16th Langford, 29th HARRIS COUNTY
Authorizes the imposition, collection, and disposition of county law library fees as a part of the court costs in the Magistrate Court of Harris County.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Bowen and Perdue.

On the passage of all the local bills, the yeas were 54, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite con stitutional majority, were passed.
SENATE CALENDAR
Thursday, February 2, 1995 FOURTEENTH LEGISLATIVE DAY

SB 132 Development Authorities--directors as officers, local employees (Amendment) (EDT&CA--46th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on February 1, 1995.)

SB 22 Applicant for State Employment--submit to drug test (Substitute) (SLGO-G-- 21st)
SB 31 Public Schools--disciplinary problem students (Substitute) (Ed--36th)

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SB 47 High School Students in Postsecondary Courses--redefine institution (H Ed-- 50th)
SB 52 Textbook--provisions for additional approved books (Amendment) (Ed--29th) SB 54 Educational Grants--charter schools (Substitute) (Ed--50th)
SB 73 State Contracts--minority owned business participation (SLGO-G--38th) SB 100 Nonpublic Postsecondary Education Commission--powers, duties (H Ed--55th)
SB 126 Cities, Counties--contracts for regional facilities (Substitute) (SLGO-G--4th)
SB 185 Insurance--define nonrecording, nonlicensing, single interest (I&L--47th)
SB 200 Aquaculture Development Commission--membership (Ag--llth)
SB 204 Merit System--redefine "working test" (Substitute) (Pub Saf--13th)
SB 205 Special License Plates--promoting Nongame Wildlife Conservation Fund (Sub stitute) (Pub Saf--13th)
SB 207 Insurance Adjuster--not include salaried employee (I&L--29th)
SR 1 The Georgia Sovereignty Resolution of 1995--creating (SLGO-G--34th)
HB 163 Tobacco handling by warehousemen; maximum charges (Ag--llth)
The following general bills were read the third time and put upon their passage: The following general bill, having been read the third time and final action suspended on February 1, pursuant to Senate Rule 143, and placed on the Senate Calendar for today, was continued upon its passage:

SB 132. By Senator Broun of the 46th:

A bill to amend Code Section 36-62-5 of the Official Code of Georgia Annotated, relating to directors of development authorities, so as to eliminate the prohibi tion against directors being officers or employees of a county or municipal corpo ration.

The Thompson of the 33rd, Broun of the 46th amendment, as it appears in the Journal of February 1, was automatically reconsidered and put upon its adoption.
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Broun of 46th Brown of 26th

Burton Cagle Cheeks Clay Crotts Day Dean

Edge Egan Farrow Gillis Glanton Gochenour Griffin

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239

Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford

Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ray

Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Bowen Henson

Ralston

Walker

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

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

SB 22. By Senators Isakson of the 21st, Edge of the 28th, Balfour of the 9th and others:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state personnel administration, so as to provide that any applicant for state employment who is accepted for employment shall submit to an estab lished test for illegal drugs; to provide that any accepted applicant who refuses to submit to a test or who shows a positive result from such test shall be disqual ified from state employment; to define terms.

The Senate Committee on State and Local Governmental Operations offered the fol lowing substitute to SB 22:
A BILL
To be entitled an Act to amend Chapter 20 of Title 45 of the Official Code of Georgia Anno tated, relating to state personnel administration, so as to provide that any applicant for state employment who is offered employment shall submit to an established test for illegal drugs; to provide that any applicant who is offered employment and who refuses to submit to a test or who tests positive for illegal drugs shall be disqualified from state employment; to define terms; to provide for confidential status of test results; to provide for related mat ters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

SECTION 1.
Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state personnel administration, is amended by repealing in its entirety Article 6, relating to drug testing of applicants for state and school system employment.
SECTION 2.
The General Assembly finds that requiring an applicant offered state employment to pass a drug test is a necessary requirement for initial employment. Private sector employers in increasing numbers require a drug test, leaving the state as an employer of least resistance for those who use illegal drugs. The services of state government provide law enforcement, health care, education, transportation, and numerous other essential services to the people of Georgia. These services are provided at the expense of the taxpayers of Georgia. Crimes

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related to the use of illegal drugs continue to escalate and threaten the health, safety, and welfare of the people of Georgia. The General Assembly finds that the state should make reasonable efforts to promote a drug-free workplace in the offices of state government.
SECTION 3.
Said chapter is further amended by enacting a new Article 6 to read as follows:
"ARTICLE 6
45-20-110.
As used in this article, the term:
(1) 'Applicant' means any candidate who is offered public employment with any agency, department, commission, bureau, board, college, university, institution, or authority of any branch of state goverment or who has commenced employment but has not submit ted to an established test for illegal drugs.
(2) 'Established test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Work place Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commissioner of human resources.
(3) 'Illegal drug1 means marijuana/cannabinoids (THC), cocaine, amphetamines/ methamphetamines, opiates, or phencyclidine (POP). The term 'illegal drug" shall not include any drug when used pursuant to a valid prescription or when used as other wise authorized by state or federal law.
(4) 'Medical review officer' means a properly licensed physician who reviews and inter prets results of drug testings and evaluates those results together with medical history or any other relevant biomedical information to confirm positive and negative results.
45-20-111.
Any applicant for state employment who is offered employment shall, prior to commenc ing employment or within ten days after commencing employment, submit to an estab lished test for illegal drugs. All costs of such testing shall be paid from public funds by the employing agency or unit of state government. Any such test which indicates the presence of illegal drugs shall be followed by a confirmatory test using gas chromatography/mass spectrometry analysis. If the results of the confirmatory test indicate the pres ence of illegal drugs, such results shall be reviewed and interpreted by a medical review officer to determine if there is an alternative medical explanation. If the applicant pro vides appropriate documentation and the medical review officer determines that it was a legitimate usage of the substance, the result shall be reported as negative. Any applicant who fails to provide an alternative medical explanation shall be reported by the medical review officer as having a positive test result. Any applicant offered employment who refuses to submit to an established test for the use of illegal drugs or whose test results are positive shall be disqualified from employment by the state. Such disqualification shall not be removed for a period of two years from the date that such test was adminis tered or offered, whichever is later. The State Personnel Board shall develop rules for the administration of the test and any verification procedurs. The results of such tests as to any person shall remain confidential and shall not be a public record unless mandated by other state or federal law."
SECTION 4.
This Act shall become effective July 1,1995, and shall apply with respect to persons enter ing state employment on or after that date.

THURSDAY, FEBRUARY 2, 1995

241

SECTION 5.

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 lo 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 Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Brown of 26th and Johnson of 2nd.

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

SB 31. By Senators Scott of the 36th, Ray of the 19th, Gillis of the 20th, Clay of the 37th, Stokes of the 43rd and others:
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 or guardian shall be invited for a school visit and requested to attend a conference.

The Senate Committee on Education offered the following substitute to SB 31:

A BILL
To be entitled an Act to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline in the public schools, so as to define cer tain terms; to provide that once a student is identified by an educator as a disciplinary problem, the parent or guardian shall be invited for a school visit and requested to attend a conference; to provide that before a student is permitted to return from a suspension or expulsion, the school shall request the student's parent or guardian to attend a conference between the principal and the student's parent or guardian; 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 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline in the public schools, is amended by inserting at the end thereof the following:

"Subpart 3

20-2-764.
As used in this subpart, the term:
(1) 'Chronic disciplinary problem student' means a student who exhibits a pattern of behavior characteristics which interfere with the learning process of students around him or her and which are likely to recur.
(2) 'Expulsion' means expulsion of a student from a public school beyond the current school quarter or semester.
(3) 'Suspension' means the short-term suspension of a student from a public school for not more than ten days or long-term suspension for more than ten days pursuant to Code Section 20-2-751.
20-2-765.
Any time a teacher or principal identifies a student as a chronic disciplinary problem student, the principal shall notify by certified mail with return receipt requested, by first-class mail, or by telephone call the student's parent or guardian of the disciplinary problem, invite such parent or guardian to observe the student in a classroom situation, and request at least one parent or guardian to attend a conference with the principal or the teacher or both to devise a disciplinary and behavioral correction plan.
20-2-766.
Before any student is permitted to return from an expulsion or suspension, the school to which the student is to be readmitted shall request by certified mail with return receipt requested, by first-class mail, or by telephone call at least one parent or guardian to attend a conference with the principal or his or her designee to devise a disciplinary and behavioral correction plan. Failure of the parent or guardian to attend shall not preclude the student from being readmitted to the school. At the discretion of the principal, a teacher, counselor, or other person may attend the conference. The principal shall ensure that a notation of the conference is placed in the student's permanent file."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 42, nays 0 and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th

Brown of 26th Burton Cagle Cheeks Clay Crotts Day

Dean Edge Egan Farrow Gillis Glanton Gochenour

THURSDAY, FEBRUARY 2, 1995

243

Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp

Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston

Voting in the negative was Senator Land.

Not voting was Senator Walker.

Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

On the passage of the bill, the yeas were 54, nays 1.
The bill, having received the requlite constitutional majority, was passed by substitute.
Senator Hill of the 4th introduced Corporal Arvid J. Edwards and Colonel Russel Baker, Peace Officers of the Year, commended by SR 79 and SR 80, adopted previously, who addressed the Senate briefly.
The Calendar was resumed.

SB 47. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:

A bill to amend Code Section 20-2-161.1 of the Official Code of Georgia Annotat ed, relating to enrollment of high school students in postsecondary courses, so as to change the definition of the term "eligible institution" or "institution"; to thereby change the types of institutions in which such high school students may so enroll.

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

On 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay
Crotts Day Dean Edge Egan
Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Hill
Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver
Perdue
Pollard Ragan Ralston Ray Scott Slotin
Starr Stokes Taylor Thompson Turner Tysinger Walker

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Those not voting were Senators:

Henson

Tanksley

Thomas

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 52. By Senators Langford of the 29th, Madden of the 47th, Hill of the 4th and others:
A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide that the state board shall add to the list of approved books and aids any book or aid requested by at least five local superintendents or at least 20 teachers teaching related subjects.

The Senate Committee on Education offered the following amendment:

Amend SB 52 by inserting at the end of line 3 of page 2, following the word and symbol "requested.", the following:
"All publishers of textbooks so recommended shall meet the minimum requirements ap plied to other publishers by the State Board of Education including, but not limited to, price, durability, and availability; provided, however, that such requirements shall not affect the subject matter of the book or aid?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 Black Blitch Boshears Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour

Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Bowen

Brown of 26th

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

THURSDAY, FEBRUARY 2, 1995

245

SB 54. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs and charter schools, so as to substantially change provisions relating to charter schools; to change the period of time for which performance based school contract charters shall remain in effect; to provide requirements for operation of charter schools; to change the period of time for which charters may be renewed.
The Senate Committee on Education offered the following substitute to SB 54:
A BILL
To be entitled an Act to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs and charter schools, so as to substantially change provisions relating to charter schools; to change the period of time for which performance based school contract charters shall remain in effect; to provide requirements for operation of charter schools; to change the period of time for which charters may be renewed; to change the required majority for approval of certain actions related to school charters; to provide for preference in funding for charter schools; to provide for other matters related to charter schools; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relat ing to grants for educational programs and charter schools, is amended by striking Code Section 20-2-255, relating to charter schools, and inserting in its place a new Code section to read as follows:
"20-2-255.
(a) It is the intent of the General Assembly that this Code section provide a means whereby local schools may choose to substitute a binding performance based contract approved by both state and local boards of education, called a charter, for state and local rules, regulations, policies, and procedures and the applicability of the other provisions of this title.
(b) For purposes of this Code section, the terms:
(1) 'Charter' means a performance based contract between the state board, a local board of education, and a local school, the terms of which are approved by the local board of education and by the state board for an initial thme-yedi period of up to five years. Each performance based contract will exempt a school from state and local rules, regulations, policies, and procedures and from the provisions of this title accord ing to the terms of the contract.
(2) 'Charter school' means a school that is operating under the terms of a charter granted by the state board.
(3) 'Local board' means a county or independent board of education exercising control and management of a local school system pursuant to Article VIII, Section V of the Constitution.
(4) 'Local school' means a public school in Georgia which is under the management and control of a local board.
(5) ^Petition' means a proposal to enter into a performance based contract between the state board and a local school whereby the local school obtains charter school status.

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JOURNAL OF THE SENATE

(6) 'State board' means the State Board of Education.
(c) Any local school may petition the state board for charter school status in accordance with a schedule approved by the state board. Such petitions must:
(1) Be approved by the local board of education;
(2) Be freely agreed to by uvei'-twu-thuds a majority of the faculty and instructional staff members by secret ballot at the school initiating the petition;
(3) Be agreed to by uver-two-tliiids a majority of the parents present at a meeting called for the purpose of deciding whether to initiate the petition;
(4) Describe a plan for school improvement that addresses how the school proposes to work toward improving student learning and meeting the national and state education goals;
(5) Outline proposed performance criteria that will be used during the initial threeyear period of the charter to measure progress of the school in improving student learning and in meeting the national and state education goals;
(6) Describe how the faculty, instructional staff, and parents of students enrolled in the school will be involved in developing the petition, developing and implementing the improvement plan, and identifying performance criteria; and
(7) Describe how the concerns of faculty, instructional staff, and parents of students enrolled in the school will be solicited and addressed in evaluating the effectiveness of the improvement plan.
(d) The state board is authorized and directed to establish criteria and procedures for charter schools. Each year, the state board must review petitions for charter school sta tus received from local schools. The state board is directed to approve such petitions and to grant charter school status to local schools whose petitions, in the opinion of the state board:
(1) Provide a plan for improvement at the school level for improving student learning and for meeting the national and state education goals;
(2) Include a set of performance based objectives and student outcome achievement based objectives for the term of the charter and the means for measuring those objectives on at least a yearly basis;
(3) Include an agreement to provide a yearly report to parents, the community, the local board, and the state board which indicates the progress made by the charter school in the previous year in meeting the performance objectives; and
(4) Include a proposal to directly and substantially involve the parents of students en rolled in the school as well as the faculty, instructional staff, and the broader commu nity in the process of creating the petition and in carrying out the terms of the charter.
(e) The state board may allow local schools to resubmit petitions for charter school status if the original petition was, in the opinion of the state board, deficient in one or more respects. The Department of Education is authorized and directed to provide technical assistance to the faculty and instructional staff of local schools in the creation or modifi cation of these petitions.
(f) The state board will include in the terms of each charter:
(1) A mechanism for declaring the charter null and void if over two-thirds uf the faculty 3.i~ici instructiOiis.1 stU,l or tiiti school i'c^Uc&L triG stfl.t uo&iu to Witliu.13/w tile ciifl.itftr or if, at any time, in the opinion uf the state buai'd, the school enjoying charter school status fails to fulfill the terms of the charter;
(2) Clear performance based and student outcome achievement based objectives and the means to measure those objectives on at least a yearly basis;
(3) A mechanism for updating the terms of each charter, agreed to by all parties and subject to the approval of over two-thirds a majority of the faculty and instructional

THURSDAY, FEBRUARY 2, 1995

247

staff, based upon the yearly progress reports given the state board by the charter school;
(4) A provision that the expenditure controls contained in Code Section 20-2-167 may be relaxed only for those direct instructional expenditures actually made by each char ter school for the students of that school; and
(5) A provision to exempt the school from state rules, regulations, policies, and proce dures and from other provisions of this title, unless otherwise specified.
(g) Any request for petition to obtain charter school status sent by a local school to a local school board shall be forwarded by the local school board to the State Board of Education. If a local school board disapproves a local school's request for petition, the local school board must inform the faculty of the local school of the reasons for such disapproval, and a copy of these reasons must be forwarded to the state board. The state board may, at its discretion, request a hearing to receive further information from the local school board and the local school faculty.
(h) The state board is authorized to renew charters on a one-year or multiyear basis, not to exceed three five years, for local schools after the initial three-year period, provided all parties to the original charter approve such renewal with a vote of over two-thirds a majority of the faculty and instructional staff.
(i) Charter schools will be given special preference by the state board in receiving grant funds for alternative schools, classroom technology, school improvement programs, mentoring programs, or other grant programs designed to improve local school performance.
trXj) The state board will report to the General Assembly each year on the status of the charter school program."
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 SB 54 by adding on lines 5 and 25 on page 1, on lines 2 and 35 on page 2, on lines 21 and 27 on page 3, on line 7 on page 4 before the word "performance" the following: "academic and or vocational"
by adding on line 31, page 1 and line 5 page 3 before the word "performance" the following:
"an academic and or vocational"

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Isakson James Johnson of 2nd

Johnson of 1st Kemp Land Langford Madden Marable McGuire Newbill Oliver Perdue Pollard Ragan Ralston

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Ray Scott Slotin

Starr Stokes Tanksley

Those voting in the negative were Senators:

Brown of 26th Harbison

Middleton

Thompson Tysinger
Taylor

Those not voting were Senators:

Abernathy Black

Thomas Turner

Walker

On the adoption of the amendment, the yeas were 47, nays 4, and the Newbill amend ment to the committee substitute was adopted.
Senator Newbill of the 56th offered the following amendment:

Amend the committee substitute to SB 54 by adding on lines 33 and 38 page 2 before the word "national" the following: "America 2000"
by adding on lines 33 and 38 page 2 after the word "national" the following: "goals"

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford

Madden Marable McGuire Newbill Oliver Perdue Ragan Ralston Ray Scott Slotin Stokes Tanksley Thompson Tysinger

Those voting in the negative were Senators:

Brown of 26th

Middleton

Taylor

Those not voting were Senators:

Abernathy Black Broun of 46th

Pollard Starr Thomas

Turner Walker

On the adoption of the amendment, the yeas were 45, nays 3, and the Newbill amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

THURSDAY, FEBRUARY 2, 1995

249

On 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thompson Tysinger

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Langford Ray

Thomas Turner

Walker

On the passage of the bill, the yeas were 50, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Crotts of the 17th introduced Liz Daniel, commended by SR 138, adopted pre viously who addressed the Senate briefly.
Senator Perdue of the 18th moved that the Senate do now adjourn until 9:00 A.M. itomorrow; the motion prevailed, and the President announced the Senate adjourned at 11:54 P.M.

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Senate Chamber, Atlanta, Georgia Friday, February 3, 1995 Fifteenth Legislative Day
The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd 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 Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 497. By Representatives Smith of the 175th and Smith of the 169th:
A bill to amend an Act providing for the election of the members of the Board of Education of Charlton County, so as to provide that a person serving as a deputy sheriff of Charlton County shall not be disqualified from election to and services as a member of the Board of Education of Charlton County, if such person is otherwise qualified for election to such office.
HB 484. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement in the Judges of the Probate Courts Retirement Fund of Georgia, so as to increase the time for vesting.
HB 483. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-11-71.1 of the Official Code of Georgia Annotat ed, relating to spouses' benefits under the Judges of the Probate Courts Retire ment Fund of Georgia, so as to redefine a certain term; to provide conditions for an effective date and automatic repeal.
HB 485. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-11-71 of the Official Code of Georgia Annotated, relating to the amount of benefits under the Judges of the Probate Courts Re tirement Fund of Georgia, so as to restrict a certain retirement option to certain members.
HB 425. By Representatives Chambless of the 163rd, Bostick of the 165th, Cox of the 160th and Barnes of the 33rd:
A bill to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to change the amount of ser vice charge which may be recovered on a bad check; to change the notice provi sions; to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the crime of deposit account fraud, so as to change the provisions relating to costs of bringing a complaint.

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HB 39. By Representatives Royal of the 164th, Buck of the 135th and Murphy of the 18th:
A bill to amend Code Section 48-9-9 of the Official Code of Georgia Annotated, relating to reports of motor fuel deliveries and restrictions on delivery, so as to authorize the delivery of motor fuel from a transport truck or vessel directly into the fuel tank of certain motor vehicles.

HB 38. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th, Culbreth of the 132nd and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change the method of allocation and apportion ment of corporate net income of certain corporations for state and local income tax purposes.

HB 375. By Representatives Williams of the 114th and Culbreth of the 132nd:
A bill to amend Chapter 22 of Title 33 of the Official Code of Georgia Annotated, known as the "Insurance Premium Finance Company Act," so as to allow a re newed or extended policy to be financed with the same insurance premium fi nance company without the execution of a new premium finance agreement; to provide for an addendum to a premium finance agreement to be mailed or deliv ered to the insured.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:

HR 81. By Representatives Cox of the 160th, Ashe of the 46th, Porter of the 143rd, Mar tin of the 47th, Orrock of the 56th and others:
A resolution authorizing the State Properties Commission, acting for and on be half of the State of Georgia, the Secretary of State, and its Department of Archives and History, to enter into a rental agreement, as that term is defined in paragraph (9) of Code Section 50-16-31 of the Official Code of Georgia Anno tated, concerning certain state owned improved real property located within the City of Atlanta, Fulton County, Georgia.

HR 174. By Representatives Reaves of the 178th and Golden of the 177th:
A resolution authorizing the conveyance of an easement of access to certain state owned real property located in Brooks County.

HR 238. By Representatives Murphy of the 18th, Lee of the 94th, Walker of the 141st, Connell of the 115th, Stephenson of the 25th and others:
A resolution authorizing a joint session of the Senate and the House of Repre sentatives for the purpose of hearing an address by the Honorable Newt L. Gingrich, Speaker of the United States House of Representatives; inviting Speaker Gingrich to address such a joint session.

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The following bills and resolutions of the Senate were introduced, read the first time, and referred to committees:
SB 275. By Senators Black of the 53rd, Thomas of the 10th and James of the 35th:
A bill to amend Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to labor organizations and labor relations, so as to authorize public em ployees to organize into bargaining units and to bargain collectively; to provide for a short title; to define certain terms; to provide for the establishment of the Public Employees Labor Relations Commission; to provide for the composition, appointment, and terms of officers.
Referred to Committee on Special Judiciary.
SB 276. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend Code Section 42-8-102 of the Official Code of Georgia Annotated, relating to the creation of municipal probation systems, so as to authorize mu nicipal probation officers to collect certain delinquencies through the issuance of a writ of fieri facias and provide for enforcement of such collection through other means; to provide for the supplemental nature of such remedies.
Referred to Committee on State and Local Governmental Operations - General.
SB 277. By Senator Burton of the 5th:
A bill to amend Code Section 9-13-13 of the Official Code of Georgia Annotated, relating to written notice of a levy on land, so as to provide that written notice of a levy on personal property under execution must be given personally or deliv ered by certified mail to the person in possession and to the defendant if not in possession.
Referred to Committee on Special Judiciary.
SB 278. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to provide for an additional judge of the superior court of the Alcovy Judi cial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to provide for terms; to prescribe the powers of said judge; to prescribe the compensation and allowances of said judge; to provide for the sharing of work by the judges; to provide for an addi tional court reporter.
Referred to Committee on Judiciary.
SB 279. By Senators Farrow of the 54th, Tanksley of the 32nd and Ralston of the 51st:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the rendering of assistance to appellate courts by senior appellate court Justices or Judges and senior judges of superior courts; to provide for the services of such additional Justices or Judges; to provide for practices and procedures.
Referred to Committee on Judiciary.

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253

SB 280. By Senators Thompson of the 33rd, Cheeks of the 23rd, Perdue of the 18th, Dean of the 31st and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for stag gered motor vehicle registration over a 12 month period; to provide for fourmonth registration by local Act; to change certain licensing and registration deadlines; to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to change the method of evaluation of motor vehicles for ad valorem purposes.
Referred to Committee on Transportation.
SB 281. By Senator Ragan of the llth:
A bill to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to the employment of teachers, principals, and other certified profes sional personnel, so as to provide requirements for the advertisement of teacher vacancies.
Referred to Committee on Education.
SB 282. By Senators Hill of the 4th, Perdue of the 18th, Edge of the 28th and others:
A bill to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to provide for the applicability of advanced placement examination fees to students enrolled in private secondary schools.
Referred to Committee on Education.
SB 283. By Senators Farrow of the 54th and Ralston of the 51st:
A bill to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for nonstenographic depositions at the election of the party taking the deposition unless the court orders otherwise; to provide for notice, costs of recording, transcription, and designation of other methods in addition to methods specified by the person taking the deposition; to provide that camera and sound-recording techniques shall not distort the ap pearance or demeanor of deponents or attorneys.
Referred to Committee on Judiciary.
SR 157. By Senators Thompson of the 33rd, Clay of the 37th, Tanksley of the 32nd and Isakson of the 21st:
A resolution urging the United States Army Corps of Engineers to approve de velopment of the West Lake Golf Club in Powder Springs.
Referred to Committee on Natural Resources.
SR 159. By Senators Bowen of the 13th and Ragan of the llth:
A resolution authorizing the conveyance of certain state owned real property located in Colquitt County, Georgia.
Referred to Committee on Finance and Public Utilities.

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SR 160. By Senators Bowen of the 13th and Ragan of the llth:
A resolution authorizing the conveyance of certain state owned real property located in Colquitt County, Georgia.
Referred to Committee on Finance and Public Utilities.
SR 161. By Senator Hill of the 4th:
A resolution proposing an amendment to the Constitution so as to provide for term limitations for United States Senators and Representatives, Georgia State Senators and Representatives, and all state officers elected at state-wide elec tions; to extend the terms of state senators from two to four years; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Ethics.
SR 162. By Senators Farrow of the 54th and Oliver of the 42nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for additional penalties or fees in any case in which a person is adjudged guilty of an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state and to provide for the allocation of such additional penalties or fees for the construc tion, operation, and staffing of child abuse treatment and prevention centers and the operation of counseling and other programs to reduce and prevent child abuse; to provide for the submission of this amendment for ratification or rejec tion.
Referred to Committee on Judiciary.
SR 163. By Senators Ragan of the llth, Ray of the 19th, Gillis of the 20th and others:
A resolution creating the Joint Study Committee on Georgia Agricultural Edu cation.
Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 38. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change the method of allocation and apportion ment of corporate net income of certain corporations for state and local income tax purposes.
Referred to Committee on Finance and Public Utilities.
HB 39. By Representatives Royal of the 164th, Buck of the 135th and Murphy of the 18th:
A bill to amend Code Section 48-9-9 of the Official Code of Georgia Annotated, relating to reports of motor fuel deliveries and restrictions on delivery, so as to authorize the delivery of motor fuel from a transport truck or vessel directly into the fuel tank of certain motor vehicles.
Referred to Committee on Transportation.

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255

HB 375. By Representatives Williams of the 114th and Culbreth of the 132nd:
A bill to amend Chapter 22 of Title 33 of the Official Code of Georgia Annotated, known as the "Insurance Premium Finance Company Act," so as to allow a re newed or extended policy to be financed with the same insurance premium fi nance company without the execution of a new premium finance agreement; to provide for an addendum to a premium finance agreement to be mailed or deliv ered to the insured.
Referred to Committee on Insurance and Labor.
HB 425. By Representatives Chambless of the 163rd, Bostick of the 165th, Cox of the 160th and Barnes of the 33rd:
A bill to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to change the amount of ser vice charge which may be recovered on a bad check; to change the notice provi sions; to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the crime of deposit account fraud, so as to change the provisions relating to costs of bringing a complaint.
Referred to Committee on Special Judiciary.
HB 483. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-11-71.1 of the Official Code of Georgia Annotat ed, relating to spouses' benefits under the Judges of the Probate Courts Retire ment Fund of Georgia, so as to redefine a certain term; to provide conditions for an effective date and automatic repeal.
Referred to Committee on Retirement.
HB 484. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement in the Judges of the Probate Courts Retirement Fund of Georgia, so as to increase the time for vesting.
Referred to Committee on Retirement.
HB 485. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-11-71 of the Official Code of Georgia Annotated, relating to the amount of benefits under the Judges of the Probate Courts Re tirement Fund of Georgia, so as to restrict a certain retirement option to certain members.
Referred to Committee on Retirement.
HB 497. By Representatives Smith of the 175th and Smith of the 169th:
A bill to amend an Act providing for the election of the members of the Board of Education of Charlton County, so as to provide that a person serving as a deputy sheriff of Charlton County shall not be disqualified from election to and services as a member of the Board of Education of Charlton County, if such person is otherwise qualified for election to such office.
Referred to Committee on State and Local Governmental Operations.

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HE 81. By Representatives Cox of the 160th, Ashe of the 46th, Porter of the 143rd and others:
A resolution authorizing the State Properties Commission, acting for and on be half of the State of Georgia, the Secretary of State, and its Department of Archives and History, to enter into a rental agreement, as that term is defined in paragraph (9) of Code Section 50-16-31 of the Official Code of Georgia Anno tated, concerning certain state owned improved real property located within the City of Atlanta, Pulton County, Georgia.
Referred to Committee on Finance and Public Utilities.

HR 174. By Representatives Reaves of the 178th and Golden of the 177th: A resolution authorizing the conveyance of an easement of access to certain state owned real property located in Brooks County.
Referred to Committee on Finance and Public Utilities.
The following reports of standing committees were read by the Secretary:

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

HB 164. Do pass.

HB 201. Do pass by substitute.

Respectfully submitted, Senator Hooks of the 14th District, Chairman

Mr. President:

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

SB 11. Do pass by substitute.

SB 49. Do pass.

Respectfully submitted, Senator Marable of the 52nd District, Chairman

Mr. President:

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

SB 81. Do pass by substitute.

SB 120. Do pass.

SB 115. Do pass.

SB 124. Do pass by substitute.

SB 117. Do pass.

SB 234. Do pass by substitute.

Respectfully submitted, Senator Oliver of the 42nd District, Chairman

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257

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

HB 197. Do pass.

HB 278. Do pass.

HB 199. Do pass.

Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

HB 451. Do pass.

SB 260. Do pass.

SB 258. Do pass.

SB 261. Do pass.

SB 259. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 184. Do pass.

SB 216. Do pass by substitute.

SB 192. Do pass.

SB 253. Do pass.

SB 194. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President: The Committee on State and Local Governmental Operations has had under consider
ation the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 193. Do pass by substitute.
Respectfully submitted, Senator Thomas of the 10th 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 recommendations:
HB 318. Do pass as amended.
Respectfully submitted, Senator Kemp of the 3rd District, Chairman

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The following bills and resolutions were read the second time:

SB 27 SB 201 SB 232 HB 200

SB 123 SB 203 SB 233 HB 246

SB 125 SB 208 SB 238 HB 274

SB 134 SB 222 SB 242 HB 277

SB 153 SB 228 SR 90 HR 49

SB 165 SB 229 SR 122 HR 55

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

Balfour Black
Blitch
Boshears Bowen Broun of 46th Brown of 26th Burton
Cagle Cheeks Crotts
Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin
Guhl
Harbison Henson Hooks Isakson James
Johnson of 1st Kemp Land
Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue
Pollard
Ragan Ralston Ray Scott Slotin
Starr Stokes Tanksley
Taylor Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy

Hill

Clay

Johnson of 2nd

Senator Starr of the 44th moved that Senator Hill of the 4th be excused from the Senate today due to his National Guard duty.
On the motion, the yeas were 41, nays 0; the motion prevailed, and Senator Hill was excused from the Senate today.

Senator Thompson of the 33rd introduced the chaplain of the day, Reverend Mike Woods, pastor of the First Baptist Church of Powder Springs, Powder Springs, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 135. By Senators Ray of the 19th, Perdue of the 18th, Edge of the 28th and others:
A resolution congratulating Lieutenant Governor Pierre Howard on the occasion of his birthday.
The Lieutenant Governor commended by SR 135, on the occasion of his birthday, ad dressed the Senate briefly.
The following resolutions were read and adopted:

SR 156. By Senator Hooks of the 14th:
A resolution honoring Fort Valley State College on the occasion of its 100th an niversary.

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259

SR 165. By Senators Thomas of the 10th and Stokes of the 43rd:
A resolution recognizing Mrs. Marion E. Seward.
HR 238. By Representatives Murphy of the 18th, Lee of the 94th, Walker of the 141st and others:
A resolution authorizing a joint session of the Senate and the House of Repre sentatives for the purpose of hearing an address by the Honorable Newt L. Gingrich, Speaker of the United States House of Representatives; inviting Speaker Gingrich to address such a joint session; and for other purposes.
Senator Taylor of the 12th moved that the following bill be withdrawn from the Senate Judiciary Committee and committed to the Senate Natural Resources Committee:
HB 174. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, known as the "Litter Control Law," so as to change the pen alty provisions applicable to the crime of littering public or private property or waters.
On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 174 was with drawn from the Senate Judiciary Committee and committed to the Senate Natural Re sources Committee.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Friday, February 3, 1995 FIFTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 451 Gochenour, 27th UPSON COUNTY
Create a Board of Commissioners of Roads and Revenues for Upson County.
SB 258 Starr, 44th Thomas, 10th Glanton, 34th CLAYTON COUNTY
Consolidate the offices of tax collector and tax receiver to the Tax Commissioner.
SB 259 Starr, 44th Thomas, 10th Glanton, 34th CLAYTON COUNTY
Place the Sheriff and Clerk of the Superior Court of Clayton County on an annu al salary.

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SB 260 Starr, 44th Thomas, 10th Glanton, 34th CLAYTON COUNTY
Amend an Act creating the State Court of Clayton County.

SB 261 Starr, 44th Thomas, 10th Glanton 34th CLAYTON COUNTY

Each resident of Clayton County School District 65 years and older granted an exemption from all school district taxes.

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

Those voting in the affirmative were Senators:

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

Glanton Gochenour Griffin Guhl Harbison Henson Hooks Isakson Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Bowen Cheeks

Hill (excused) James

Johnson of 2nd Walker

On the passage of all the local bills, the yeas were 50, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite con stitutional majority, were passed.

SENATE CALENDAR
Friday, February 3, 1995 FIFTEENTH LEGISLATIVE DAY

SB 73 State Contracts--minority owned business participation (Amendment) (SLGOG--38th)
SB 100 Nonpublic Postsecondary Education Commission--powers, duties (H Ed--55th)
SB 126 Cities, Counties--contracts for regional facilities (Substitute) (SLGO-G--4th)

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261

SB 185 Insurance--define nonrecording, nonlicensing, single interest (I&L--47th)
SB 200 Aquaculture Development Commission--membership (Ag--llth)
SB 204 Merit System--redefine "working test" (Substitute) (Pub Saf--13th)
SB 205 Special License Plates--promoting Nongame Wildlife Conservation Fund (Sub stitutes) (Pub Saf--13th)
SB 207 Insurance Adjuster--not include salaried employee (I&L--29th)
SR 1 The Georgia Sovereignty Resolution of 1995--creating (SLGO-G--34th)
HB 163 Tobacco handling by warehousemen; maximum charges (Ag--llth)
SB 43 Burial--casket permanently engraved, stamped (Substitute) (H&HS--44th)
SB 57 Statutory Rape--raise age of consent to 16 (Substitute) (S Judy--37th)
SB 58 Firearm Possession--unlawful when under influence (S Judy--37th)
SB 79 Automobile License Plate Impoundment--habitual violators (Substitute) (Judy--12th)
SB 114 Certain Criminal Cases--additional fines for victim assistance (Substitute) (S Judy--4th)
SB 131 Cellular Phone Calls--unlawful interception, publishing (Judy--22nd)
SB 140 Statutory Rape, Child Molestation--redefine offenses (Substitute) (Judy--29th)
SB 141 Juvenile Court--increase number of persons appointed judge pro tempore (S Judy--29th)
SB 159 Contributing to Delinquency of Minor--redefine offense (S Judy--37th)
SB 195 Health Plan Act for 1995--create certain standards (Amendment) (H&HS-- 10th)
SB 227 Child Support--no business license when not in compliance (Judy--42nd)
SR 19 Bartow County--conveyance of certain state property (Substitute) (F&PU-- 31st)
SR 113 Baldwin, Cobb, Towns, Walker Counties--telecommunication easements (Amendment) (F&PU--44th)
SR 118 Clark, Clayton, Habersham, Other Counties--utility easements (F&PU--44th)
HB 125 Cooperative marketing associations; amend provisions (Ag--llth)
HB 136 Fiscal retirement bills; cost reduction amendments; actuarial study (Ret--5th)
HB 137 Employees' Retirement; administer certain judicial systems (Ret--34th)
HB 138 Firemen's Pension Fund; change reference (Ret--38th)
HB 171 Teachers or Regents Retirement; University System employees; 60 days to choose (Ret--5th)

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HB 266 Sheriffs' Retirement; cost of living increases (Ret--38th) The following general bills were read the third time and put upon their passage;

SB 73. By Senators Abernathy of the 38th, Johnson of the 2nd, Scott of the 36th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for minority owned business participation in state contracts; to provide for legislative findings; to provide definitions; to pro vide for statements encouraging minority participation in all bid documents; to provide for advertisement of procurement opportunities; to provide for the designation of liaison officers.

Senators Edge of the 28th, Ralston of the 51st and Glanton of the 34th offered the following amendment:

Amend SB 73 by striking on lines 31 and 37 page 2, lines 3, 9, 18, 28, 34 and 40 page 3 the word "shall" and adding in lieu thereof the word "may"

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 Black Burton Cagle Clay Crotts Day Edge

Egan Farrow Glanton Gochenour Guhl Johnson of 1st Land Langford

Madden McGuire Newbill Ralston Tanksley Thompson Tysinger

Those voting in the negative were Senators:

Abernathy Blitch Broun of 46th Brown of 26th Dean Gillis Griffin Harbison Henson Hooks

James Johnson of 2nd Kemp Marable Middleton Oliver Perdue Pollard Ragan

Ray Scott Slotin Starr Stokes Taylor Thomas Turner Walker

Those not voting were Senators:

Boshears Bowen

Cheeks Hill (excused)

Isakson

On the adoption of the amendment, the yeas were 23, nays 28, and the Edge et al. amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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263

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

Those voting in the affirmative were Senators:

Abernathy Black Blitch Boshears Broun of 46th Brown of 26th Burton Clay Dean Gillis Gochenour

Griffin Harbison Henson James Johnson of 2nd Kemp Marable Middleton Oliver Perdue Pollard

Ragan Ray Scott Slotin Starr Stokes Taylor Thomas Turner Walker

Those voting in the negative were Senators:

Balfour Cagle Crotts Day Edge Egan

Glanton Guhl Johnson of 1st Land Langford

Madden McGuire Newbill Ralston Tysinger

Those not voting were Senators:

Bowen Cheeks Farrow

Hill (excused) Hooks Isakson

Tanksley Thompson

On the passage of the bill, the yeas were 32, nays 16. The bill, having received the requisite constitutional majority, was passed. Senator Abernathy of the 38th moved that SB 73 be immediately transmitted. On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 73 was immedi ately transmitted to the House.

SB 100. By Senators Henson of the 55th, Tysinger of the 41st, Taylor of the 12th and others:

A bill to amend Article 7 of Chapter 3 of Title 20 of the O.C.G.A., relating to scholarships, loans, and grants, so as to expand the general powers and duties of the Nonpublic Postsecondary Education Commission; to change certain defini tions regarding tuition equalization grants; to include a qualified proprietary institution of higher education located in the state.

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

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Broun of 46th Brown of 26th Burton Clay

Day Dean Edge Egan Farrow Gillis Gochenour Griffin

Guhl Harbison Johnson of 2nd Johnson of 1st Kemp Land Langford Madden

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Marable McGuire Middleton Newbill Oliver Perdue Pollard

Ragan Ralston Ray Scott Slotin Starr Stokes

Tanksley Taylor Thomas Thompson Turner Tysinger

Voting in the negative were Senators Cagle and Glanton.

Those not voting were Senators:

Abernathy Bowen Cheeks Crotts

Henson Hill (excused) Hooks

Isakson James Walker

On the passage of the bill, the yeas were 44, nays 2. The bill, having received the requisite constitutional majority, was passed. Senator Ray of the 19th, President Pro Tempore, assumed the Chair.

SB 185. By Senators Madden of the 47th, Langford of the 29th, Ray of the 19th and Marable of the 52nd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide definitions for certain types of credit insurance known as nonrecording or nonlicensing insurance and vendors' single interest insurance; to provide for the maximum premium charge for nonrecording or nonfiling insurance; to provide that data for nonrecording or nonfiling insurance and vendors' single interest insurance shall be filed and maintained separately to facilitate the handling of form and rate filings.

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

On 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 Black Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day Dean Edge Egan
Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Tanksley Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

James Stokes

Thomas

Walker

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265

Those not voting were Senators:

Bowen Cheeks

Hill (excused) Hooks

Isakson Ray (presiding)

On the passage of the bill, the yeas were 46, nays 4. The bill, having received the requisite constitutional majority, was passed.

SB 200. By Senators Ragan of the llth, Middleton of the 50th, Guhl of the 45th and others:

A bill to amend Code Section 27-4-253 of the Official Code of Georgia Annotated, relating to the Aquaculture Development Commission, so as to change the re quirements for membership in the commission; to provide for subcommittees.

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

On 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 Black Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Henson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen Cheeks Harbison

Hill (excused) Hooks

Isakson Ray (presiding)

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 204. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the State Merit System of Personnel Admin istration generally, so as to change the definition of the term "working test"; to provide for the length of the working test period for troopers of the Uniform Division of the Department of Public Safety.

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The Senate Committee on Public Safety offered the following substitute to SB 204:

A BILL
To be entitled an Act to amend Code Section 45-20-2 of the Official Code of Georgia Anno tated, relating to definitions applicable to the State Merit System of Personnel Administra tion generally, so as to change the definition of the term "working test"; to change the provisions relating to the working test period for certain state employees; to provide for the length of the working test period for troopers of the Uniform Division of the Department of Public Safety; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions ap plicable to the State Merit System of Personnel Administration generally, is amended by striking paragraph (16) in its entirety and inserting in lieu thereof a new paragraph (16) to read as follows:
"(16) "Working test' or 'working test period' means a probationary period of employ ment in a class of covered positions during which the employee must demonstrate to the satisfaction of the appointing authority that he or she has the knowledge, ability, aptitude, and other necessary qualities to perform satisfactorily the duties of the posi tion in which employed. The working test period shall apply to each:
(A) Appointment;
(B) Reappointment;
(C) Promotion; and
(D) Interdepartmental transfer as provided in Code Section 45-20-17.
The commissioner may fix the length of the working test period for any class at not less than three six months nor more than t2 18 months exclusive of any time in nonpay status or an unclassified position; provided,~n"owever, that the length of the working test period for troopers of the UnifornTDivision of the Department of Public Safety shall be 18 months. The State Personnel Board shall provide guidelines to be used by appointing authorities in reviewing classified employees during the working test period."

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears

Broun of 46th Brown of 26th Burton Cagle Clay

Crotts Day Dean Edge Farrow

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267

Gillis Glanton Gochenour Griffin Guhl Harbison
Henson Isakson James Johnson of 2nd Johnson of 1st Kemp

Land Langford Madden Marable McGuire Middleton
Newbill Oliver Perdue Pollard Ragan Ralston

Scott Slotin Starr Stokes Tanksley Taylor
Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen Cheeks

Egan Hill (excused)

Hooks Ray (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.
The President resumed the Chair.

SB 205. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide for special license plates to promote the Nongame Wildlife Conser vation and Wildlife Habitat Acquisition Fund and its beneficiary, the NongameEndangered Wildlife Program of the Department of Natural Resources; to pro vide procedures for acquiring such license plates; to provide for licensing agree ments.

The Senate Committee on Public Safety offered the following substitute to SB 205:

A BILL
To be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide for special license plates to promote the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund and its beneficiary, the Nongame-Endangered Wildlife Program of the Department of Natural Resources; to provide procedures for acquiring such license plates; to provide for licensing agreements; to provide for the costs of such license plates; to provide for the transfer of such license plates; to provide for subsequent editions; to provide procedures; to provide for disposition of the funds derived from the sale of the special license plates; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, is amended by adding at the end thereof a new Code Section 40-2-48 to read as follows:
"40-2-48.
(a) In order to promote and financially benefit the Nongame-Endangered Wildlife Pro gram of the Georgia Department of Natural Resources, there shall be issued beginning

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January 1, 1997, special license plates promoting the Nongame-Endangered Wildlife Program and its primary funding source, the Nongame Wildlife Conservation and Wild life Habitat Acquisition Fund, referred to in this Code section as the wildlife conservation fund.
(b) The Department of Natural Resources shall, in cooperation with the Motor Vehicle Division of the Department of Revenue and subject to the approval of the commissioner, the Department of Transportation, and the Department of Public Safety, design special distinctive license plates appropriate to promote conservation of native Georgia wildlife. The wildlife conservation fund plate must be of the same size and general design of general issue motor vehicle license plates; such plates shall include a unique identifying number, whereby the total characters do not exceed the sum of seven, provided that no two recipients receive identical plates. Such design shall not provide space in which to indicate the name of the county of issuance.
(c) The initial edition of the wildlife conservation fund plate shall be valid for up to three years beginning at the time of its original release date and shall, on January 1 of the third year, be replaced by a second edition. In the same manner, subsequent editions shall be released every third January and shall replace the previous edition.
(d) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required to implement this Code section. The design of the initial edition of the wildlife conserva tion fund license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner.
(e) Beginning in calendar year 1997, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the international registration plan, upon com plying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of not more than $25.00 in addition to the regular motor vehicle registration fee, shall be issued a wildlife conservation fund license plate. In ac cordance with Code Section 40-2-31, the wildlife conservation fund plate may be used until revalidation is required during the third year of the issuance of the same edition; and revalidation decals shall, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, be issued for wildlife conservation fund license plates in the same manner as provided for general issue license plates.
(f) The funds derived from the sale of wildlife conservation fund license plates, less a $1.00 processing fee which shall be granted to county tag offices per plate sold, shall be deposited in the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund established by Code Section 12-3-602 and shall be expended only for the purposes enu merated in subsection (b) of Code Section 12-3-602.
(g) An applicant may request a wildlife conservation fund license plate any time during the applicant's registration period. If a wildlife conservation fund license plate is to re place a current valid license plate, the department shall issue the wildlife conservation fund license plate with appropriate decals attached at no tax for the plate. The applicant shall pay all fees and service charges. When an applicant requests a wildlife conservation fund license plate at the beginning of the registration period, the applicant shall pay the tax together with all applicable fees and service charges.
(h) If a vehicle owner to whom the department has issued a wildlife conservation fund license plate acquires a replacement vehicle within the owner's registration period, the

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269

department shall authorize a transfer of the license plate to the replacement vehicle in accordance with the provisions of Code Section 40-2-42.
(i) An applicant for a wildlife conservation fund license plate may combine the request with one for a personalized prestige license plate. The department shall supply a form for combined requests, and such requests shall be subject to the additional fees outlined in Code Section 40-2-60.
(j) Wildlife conservation fund license plates shall be issued within 30 days of application."
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 23, nays 28, and the committee substi tute to SB 205 was lost.
Senator Pollard of the 24th offered the following substitute to SB 205:
A BILL
To be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide for special license plates to promote the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund and its beneficiary, the Nongame-Endangered Wildlife Program of the Department of Natural Resources; to provide procedures for acquiring such license plates; to provide for licensing agreements; to provide for the costs of such license plates; to provide for the transfer of such license plates; to provide for subsequent editions; to provide procedures; to provide for disposition of the funds derived from the sale of the special license plates; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, is amended by adding at the end thereof a new Code Section 40-2-48 to read as follows:
"40-2-48.
(a) In order to promote and financially benefit the Nongame-Endangered Wildlife Pro gram of the Georgia Department of Natural Resources, there shall be issued beginning January 1, 1997, special license plates promoting the Nongame-Endangered Wildlife Program and its primary funding source, the Nongame Wildlife Conservation and Wild life Habitat Acquisition Fund, referred to in this Code section as the wildlife conservation fund.
(b) The Department of Natural Resources shall design special distinctive license plates appropriate to promote conservation of native Georgia wildlife. The wildlife conservation fund plate must be of the same size and general design of general issue motor vehicle license plates; such plates shall include a unique identifying number, whereby the total characters do not exceed the sum of six, provided that no two recipients receive identical plates. Such design shall not provide space in which to indicate the name of the county of issuance.
(c) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing

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agreement or otherwise, received such licenses or other permissions as may be required to implement this Code section. The design of the initial edition of the wildlife conserva tion fund license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner.
(d) Beginning in calendar year 1997, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the international registration plan, upon com plying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of not more than $25.00 in addition to the regular motor vehicle registration fee, shall be issued a wildlife conservation fund license plate. Revalidation decals shall, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, be issued for wildlife conservation fund license plates in the same manner as provided for general issue license plates.
(e) The funds derived from the sale of wildlife conservation fund license plates, less a $1.00 processing fee which shall be granted to county tag offices per plate sold, shall be deposited in the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund established by Code Section 12-3-602 and shall be expended only for the purposes enu merated in subsection (b) of Code Section 12-3-602.
(f) An applicant may request a wildlife conservation fund license plate any time during the applicant's registration period. If a wildlife conservation fund license plate is to re place a current valid license plate, the department shall issue the wildlife conservation fund license plate with appropriate decals attached. When an applicant requests a wild life conservation fund license plate at the beginning of the registration period, the appli cant shall pay the tax together with all applicable fees.
(g) If a vehicle owner to whom the department has issued a. wildlife conservation fund license plate acquires a replacement vehicle within the owner's registration period, the department shall authorize a transfer of the license plate to the replacement vehicle in accordance with the provisions of Code Section 40-2-42.
(h) Wildlife conservation fund license plates shall be issued within 30 days of application."
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 Pollard substitute was adopted.
Pursuant to Senate Rule 143, action on SB 205 was suspended and the bill was placed on the Senate Calendar.
SB 207. By Senators Langford of the 29th and Madden of the 47th:
A bill to amend Code Section 33-23-1 of the Official Code of Georgia Annotated, relating to definitions of terms applicable to licensing of insurance agents, subagents, counselors, and adjusters, so as to provide that the term "adjuster" does not include a salaried employee of an insurer who adjusts claims.

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271

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

On 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 Black Blitch Boshears Bowen Broun of 46th Burton Cagle Clay Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Henson Hooks Isakson Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Tanksley Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Brown of 26th Griffin Harbison

James Johnson of 2nd Scott

Stokes Thomas

Those not voting were Senators:

Cheeks

Hill (excused)

Walker

On the passage of the bill, the yeas were 45, nays 8. The bill, having received the requisite constitutional majority, was passed.

SR 1. By Senators Glanton of the 34th, Gochenour of the 27th, Starr of the 44th and others:

A resolution creating the Georgia Sovereignty Resolution of 1995 and claiming sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal gov ernment by the United States Constitution.

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 Black Blitch Boshears Bowen Broun of 46th Burton Cagle Clay Crotts

Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Hooks

Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

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Newbill Oliver Perdue Pollard Ragan Ralston

Ray Scott Slotin Starr Stokes

Tanksley Thompson Turner Tysinger Walker

Voting in the negative was Senator Brown of the 26th.

Those not voting were Senators:

Cheeks Harbison

Henson Hill (excused)

Taylor Thomas

On the adoption of the resolution, the yeas were 49, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Glanton of the 34th moved that SR 1 be immediately transmitted to the House.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SR 1 was immedi ately transmitted.

HB 163. By Representatives Greene of the 158th, Reaves of the 178th, Ray of the 128th and others:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to change the maximum charges for handling and selling leaf tobacco by warehousemen. Senate Sponsor: Senator Ragan of the llth.
Senator Gillis of the 20th offered the following amendment: Amend HB 163 by striking on page 1, line 27 the following:
"3.5" and
inserting in lieu thereof the following: "3"

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

Those voting in the affirmative were Senators:

Abernathy Broun of 46th Brown of 26th Burton Dean

Gillis Harbison Kemp Marable Perdue

Ray Scott Starr Thompson Walker

Those voting in the negative were Senators:

Balfour Black Blitch
Boshears Bowen Cagle Cheeks Clay Crotts Day

Edge Egan Farrow
Glanton Gochenour Griffin Guhl Henson Hooks Isakson

James Johnson of 2nd Johnson of 1st
Land Langford Madden McGuire Middleton Newbill Oliver

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273

Pollard Ragan Ralston

Slotin Stokes Tanksley

Taylor Turner Tysinger

Not voting were Senators Hill (excused) and Thomas.

On the adoption of the amendment, the yeas were 15, nays 39, and the Gillis amend ment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan
Farrow

Glanton Gochenour Griffin Guhl Harbison Henson Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire
Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger Walker

Voting in the negative were Senators Gillis and Thompson.

Not voting were Senators Gillis and Hill (excused).

On the passage of the bill, the yeas were 53, nays 2.
The bill, having received the requisite constitutional majority, was passed.
Senator Langford of the 29th introduced the doctor of the day, Dr. Albert L. Cousins, LaGrange, Georgia.

SB 43. By Senators Starr of the 44th and Hooks of the 14th:
A bill to amend Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors, embalmers, and operators of funeral establishments, so as to provide that it shall be unlawful for any funeral establishment, funeral director, or embalmer to inter a dead human body in the earth or above ground unless the casket con taining such dead human body is permanently engraved or stamped.
Senator Perdue of the 18th moved that SB 43 be committed to the Senate Health and Human Services Committee.
On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 43 was commit ted to the Senate Health and Human Services Committee.

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SB 57. By Senators Clay of the 37th, Crotts of the 17th, McGuire of the 30th and others:
A bill to amend Code Section 16-6-3 of the Official Code of Georgia Annotated, relating to statutory rape, so as to raise the age of consent from 14 years of age to 16 years of age.
The Senate Committee on Special Judiciary offered the following substitute to SB 57:
A BILL
To be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to change the definitions of the offenses of statutory rape, child molestation, and enticing a child for indecent purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking in its entirety subsection (a) of Code Section 16-6-3, relating to the offense of statutory rape, and inserting in lieu thereof a new subsection to read as follows:
"(a) A person commits the offense of statutory rape when he or she engages in consensual sexual intercourse with any female person under the age of 4 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the female victim."
SECTION 2.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 16-6-4, relating to the offense of child molestation, and inserting in lieu thereof a new sub section to read as follows:
"(a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 4 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person."
SECTION 3.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes, and inserting in lieu thereof a new subsection to read as follows:
"(a) A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 4 16 years to any place whatsoever for the purpose of child molestation or indecent acts."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senators Clay of the 37th and McGuire of the 30th offered the following amendment:
Amend the Senate Committee on Special Judiciary substitute to SB 57 by striking on line 16 of page 1 the word "consensual".
Senator Newbill of the 56th moved that the previous question be ordered.
Senator Farrow of the 54th moved that SB 57 be placed on the Table.

FRIDAY, FEBRUARY 3, 1995

275

On the motion to place SB 57 on the Table, which takes precedence, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch Bo wen Brown of 26th Cheeks Dean Farrow Gillis Griffin Harbison Henson

Hooks James Johnson of 2nd Kemp Langford Madden Marable Middleton Oliver Perdue Pollard

Ragan Ray Scott Slotin Starr Stokes Taylor Thomas Turner Walker

Those voting in the negative were Senators:

Balfour Black Boshears Burton Cagle Clay Crotts Day

Edge Egan Glanton Gochenour Guhl Isakson Johnson of 1st

Land McGuire Newbill Ralston Tanksley Thompson Tysinger

Not voting were Senators Broun of 46th and Hill (excused).

On the motion, the yeas were 32, nays 22; the motion prevailed, and SB 57 was placed on the Table.

SB 58. By Senators Clay of the 37th and Newbill of the 56th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to pro vide that it shall be unlawful for any person to carry or possess on his or her person any firearm while such person is under the influence of alcohol, certain drugs or controlled substances, or both; to provide for definitions; to provide a penalty.

Senator Black of the 53rd offered the following amendment: Amend SB 58 by striking on line 4, page 1 the following: "to carry or possess on his or her person" and adding in lieu thereof "to discharge"
Striking on lines 16 and 17 page 1 the following: "carry or possess on his or her person any firearm or to"
Striking on line 21 page 1 the following: "possess or"
Striking on line 23 page 1 the following: "0.10" and adding in lieu thereof "0.08"
Striking on line 24 "possessing or" Striking on line 25 "possession or" Striking on line 27 "possession or"

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On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Egan and Hill (excused).

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

SB 79. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for the impoundment of license plates of habitual violators; to provide for the issuance of special license plates; to pro vide for procedures; to provide for fees for the issuance of special license plates; to provide for restrictions on the sale of certain motor vehicles.

The Senate Committee on Judiciary offered the following substitute to SB 79:
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 impoundment of license plates of habit ual violators; to provide for the issuance of special license plates; to provide for procedures; to provide for hearings; to provide for fees for the issuance of special license plates; to pro vide for restrictions on the sale of certain motor vehicles; to prohibit the operation of a vehicle by a person under 18 years of age between certain hours; to provide for exceptions; to provide for a mandatory minimum term of imprisonment for persons convicted of driving under the influence of alcohol or drugs; to provide for zero tolerance for persons under the age of 21; to eliminate the plea of nolo contendere to a charge of driving under the influence of alcohol or drugs; to provide that all passengers in any vehicle operated by a person under the age of 18 must wear seatbelts; to provide for exceptions; to provide for penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

FRIDAY, FEBRUARY 3, 1995

277

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 Code Section 40-5-67, relating to seizure and disposition of drivers' licenses of persons charged with driving under the influence, issuance of temporary driving permits, and disposition of cases, in its entirety and inserting in lieu thereof the following:
"40-5-67.
(a) Whenever any resident or nonresident person is charged with violating Code Section 40-6-391, the law enforcement officer shall take the driver's license of the person so charged. The driver's license shall be attached to the court's copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the Department of Public Safety. Taking the driver's license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17.
(b) At the time the law enforcement officer takes the driver's license, 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 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 30 day temporary driving permit; or
(3) If the test or tests administered pursuant to Code Section 40-5-55 indicate a blood an 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 405-67.1, 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 Depart ment of Public Safety, at its sole discretion, may delay the expiration date of the tempo rary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expi ration of the temporary permit may be delayed.
(c)(l) If the person is convicted of violating Code Section 40-6-391, the court shall, within ten days, forward the person's driver's license and the record of the disposition of the case to the Department of Public Safety. At this time, the court shall also require the person to surrender the temporary driving permit issued pursuant to subsection (b) of this Code section.
(2XA) If the person is convicted of violating Code Section 40-6-391 and the person's griver's license is suspended or revoked pursuant to Code Section 40-5-58, the court shall require the license plates of all motor vehicles registered in the person's name to be surrendered to the court. The court shall issue a receipt for the surrendered license plates. The court shall notify the commissioner of public safety and the com missioner of revenue within ten days after issuing an impoundment order. The court shall forward the surrendered license plates to the local tag agent within ten days.
(B) Except as provided in paragraph (C), no new license plates may be issued to a person subject to an impoundment order issued pursuant to paragraph (A) until the driver's license of such person has been reissued or reinstatecT
(C)(i) A person may apply to the commmissioner of public safety for permission to apply for new license plates which must bear a special series of numbers or letters

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so as to be readily identified by law enforcement officers. The commissioner of pub lic satiety may authorize a person to apply for the issuance of special plates if a member of the person's household has a valid driver's license or the person has a valid limited driving permit or probationary license. A local tag agent shall not issue any plates except on written approval of the commissioner of public safety, payment of a $40.00 fee for each vehicle tor which special plates are issued, and compliance with all applicable state laws. The written authorization from the com missioner of public safety shall specify the maximum number of license plates a person may obtain.
(ii) Except as provided for in this subparagraph, it shall be unlawful for a person subject to an impoundment order issued pursuant to subparagraph (A) of this par agraph to request any new license plates. A violation of this division shall be a misdemeanor.
(iii) A person may not sell a motor vehicle during the time its license plates have been ordered surrendered or during the time its license plates bear a special series number, unless the registered owner petitions the court that impounded the plates for an order authorizing transfer of title to the motor vehicle. If the court is satis fied that the proposed sale is in good faith and for a valid consideration, that the registered owner will be deprived of custody and control of the motor vehicle, and that the sale is not for the purpose of circumventing the provisions of this Code section, it may order the local tag agent to transfer title upon proper application. The local tag agent shall then transfer the certificate of title to the new owner upon proper application and issue new license plates. After license plates have been ordered surrendered to the court under this paragraph, if the title to the motor vehicle is transferred by the foreclosure, cancellation of a conditional sales contract, sale upon execution, or order of a court of competent jurisdiction, the local tag agent shall then transfer the certificate of title and issue new license plates to the new registered owner. Upon full restoration of the person's driving privileges, the commissioner of public safety shall authorize the person to obtain regular issue license plates. The cost of a regular issue license plate shall be $20.00. As a condition of obtaining any regular issue license plate or plates, the person shall surrender his or her special issue license plate or plates to the local tag agent
(iv) Nothing in this Code section shall be deemed to waive any lawful requirement for the issuance of license plates including, but not limited to, proof of financial responsibility.
(v) Display of a license plate issued pursuant to division (c)(2)(C)(i) of this Code section shall not constitute sole probable cause for stopping or detaining a vehicle.
(vi) Any person aggrieved by a decision of the commissioner pursuant to division (c)(2)(C)(i) of this Code section may make a request in writing to the office of state administrative hearings for a hearing. Such hearing shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(2X3) If the person is not convicted of violating Code Section 40-6-391, and the court is IrTpossession of the driver's license, the court shall return the driver's license to the person unless the license is in suspension for any other offense, in which case the court shall forward the license to the Department of Public Safety for disposition."
SECTION 1.5.
Said title is further amended by striking subsections (b), (c), and (g) of Code Section 40-567.1, relating to the administration of chemical tests to determine whether a person is

FRIDAY, FEBRUARY 3, 1995

279

driving under the influence of alcohol or drugs, in their entirety and inserting in lieu thereof new subsections (b), (c), and (g) to read as follows:
"(b) At the time a chemical test or tests are requested, the person shall be informed by the arresting officer that:
(1) Georgia law requires the person to submit to a test to determine if the person is under the influence of alcohol or other drugs;
(2) If the testing is refused, the person's driver's license or right to drive will be sus pended for a period of one year or, if the person is under age W 21, for a period of one year or until the age of iS 21, 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-16 21, a blood alcohol concentration of 0.04 gi'am& or more exceeding 0.00 grams, the perion's driver's license or right to drive will be suspended for a minimum period of one year or until the age of tt 21, whichever is greater, and if the vehicle was a commercial motor vehicle and the test results indicate the presence of any alcohol, the person will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours, and if the results indicate a blood alcohol concentration of 0.04 grams or more, the person will be disqualified from operating a commercial motor vehicle for a minimum period of one year;
(4) After submitting to the required testing, the person shall be entitled to obtain an additional test or tests at the expense of such person; and
(5) The refusal to submit to a test may be offered into evidence against the person at trial.
Failure to provide any notice required under this subsection shall not invalidate the sus pension pursuant to this Code section of any driver's license.
(c) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law en forcement officer and the test results indicate that a suspension or disqualification is required under this Code section, the results shall be reported to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highway or elsewhere throughout this state in viola tion 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 thr&ughout 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 tt 21, a blood alcohol concentration of 0.04 gi ams or more exceeding 0.00 grams, the department shall suspend the person's driver's li cense, permit, or nonresident operating privilege pursuant to Code Section 40-5-67.2, subject to review as provided for in this chapter. Upon the receipt of a sworn report of the law enforcement officer that the arrested person had been operating or was in actual physical control of a moving commercial motor vehicle and the test results indicate a blood alcohol concentration of 0.04 grams or more, the department shall disqualify the person from operating a motor vehicle for a minimum period of one year."
"(g)(l) 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 ten 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

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department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative 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 per son 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 result ing 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 alco hol concentration of 0.10 grams or more or, for a person under the age of W 21, a blood alcohol concentration of 0.04 grams 01 moie exceeding 0.00 grams or, Tor 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 Investigation 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 operator's permit showing that the operator has been trained on the particular type of machine used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.
(3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the driver's license suspension or dis qualification. If no hearing is requested within the 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 re quest for a hearing shall not stay the suspension of the driver's license; provided, how ever, that if the hearing is timely requested and is not held before the expiration of the temporary permit and the delay is not due in whole or in part to the reasonably avoida ble 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 terminated and deleted from the driver's license record. In the event that a plea uf nolo
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tion fur purposes of any future violations of OuJe Section 40-0-391. In the event of an acquittal, accepted plea of iiolo contenders, or other disposition other than by a convic tion, the driver's license restoration fee shall be promptly returned by the Department of Public Safety to the licensee."

FRIDAY, FEBRUARY 3, 1995

281

SECTION 2.
Said title is further amended by adding a new Code Section 40-6-255 to read as follows: "40-6-255.
(a) Any person under 18 years of age shall not operate any type of vehicle on the public roads, streets or highways of this state between the hours of 1:00 A.M. and 5:00 A.M., unless:
(1) Going to and from a place of business where the person is actually employed on a regularly scheduled basis;
(2) Going to or from a regularly scheduled sporting practice;
(3) Accompanied by a parent, guardian, or one in a position of loco parentis to the person under age 18;
(4) For the purpose of the operation of a farm tractor or farm implement temporarily operated on a highway for the purposes of conducting farm business; or
(5) For the purpose of a medical emergency.
(b) A person who violates the restrictions set forth in subsection (a) of this Code section shall be guilty of the offense of unlawfully driving at night and, upon conviction thereof, shall be punished by a fine not to exceed $500.00 and the driver's license of such person shall be suspended by operation of law for 30 days."
SECTION 3.
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 denned 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 le gally 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

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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 ob-
LclinGCl Or 1 ^)lcicL 01 iiOlO CGllwillClGl'G IS HCCtiptGQ.
(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 probation;
(B) A period of imprisonment of not less than ten days nor more than 12 months;
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stayed, or probated. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this paragraph; arid
(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 ob-
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(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 probation;
(B) A period of imprisonment of not less than 90 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but 48 hours of any term of imprison ment imposed under this paragraph; and
(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
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(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 suspen sion, stay, or probation;
(B) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. At the sole discretion and under such terms and conditions as 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
(C) Not less than 20 days of community service.
For the purpose of imposing a sentence under this subsection, a previously accepted plea of nolo contendere shall constitute a conviction.
(d)(l) 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 exercise the power to probate, suspend, or stay any sentence imposed. Such power shall, however, 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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283

(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)(l) 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 en forced through a contempt proceeding or a revocation of any probation otherwise au thorized 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 subse quent conviction conditioned upon the defendant's undergoing an alcohol or drug treat ment program 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.
(i) 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.
(jXl) The clerk of the court in which a person is convicted a third time under subsection (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 notices in the legal organ of the county in which such person resides or, in the case of nonresidents, 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 assessment 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 conviction shall be immune from civil or criminal liability for such erroneous publica tion, provided such publication was made in good faith.
(k) A person under the age of tt 21 shall not drive or be in actual physical control of any moving vehicle while the personValcohol concentration is 0.04 grams or more exceeds 0.00 grams at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control ended. Every person convicted of violating this subsection shall be guilty of a misdemeanor for

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the first and second convictions and upon a third or subsequent conviction thereof be guilty of a high and aggravated misdemeanor and shall be punished and fined as pro vided in subsection (c) of this Code section. Nu plea of nulu contenders shall be accepted for any person under the age of 18 charged with a. violation of this Code &ectiuii. (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 sen tencing. 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 4.
Said title is further amended by striking Code Section 40-6-391.1, relating to plea of nolo contendere, in its entirety and inserting in lieu thereof the following:
"40-6-391.1.
No plea of nolo contendere shall be accepted to a charge of violating Code Section 40-659T
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penalties provided foi in sub&eitiun (c) of Code Section 40-0-091 hhall be impu&ed, piu-
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a charge of violating Code Section 40-0-091 within the previous five years and if the plea
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dttend and complete a DUI Alcohol m Drug Use Risk Reduction Program approved by
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giam. Tlie judge shall also notify the defendant that, if he ur she fails to complete such
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FRIDAY, FEBRUARY 3, 1995

285

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(c) of this Code section, shall be fui warded to the Department uf Public Safety within ten
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tiiy otnftr provision 01 tnis \Jocis cinci 11 iii& Q&tiiciciiit ricis not 066ii convicted or 01* 113.5 not rictu 3. pitifl oi noio cont/cntlci1^ cicctipLSu to fl. clifir^fi or viOlfl.tni^ vJodG o^ction *u~(j~oyj. \vitriiHr tiitt previous IWG ytsu &,rtri^ coui't siicill, fcu.DjtcL to suus^ctioii \CL/ 01 tiiis UOQ^ Scc~
iOilw3.rctsu to tiis Ufipsi'tiiiciit 01 JriiDiic oSisty SiS providsQ in suDstctiOii CD/ or T/fns t>OQ6 section."
SECTION 5.
Said title is further amended by striking Code Section 40-8-76.1, relating to safety belts, in its entirety and inserting in lieu thereof the following:
"40-8-76.1.
(a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle designed to carry ten passengers or less and used for the transportation of persons but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for off-road use, provided that the term 'passenger vehicle' includes pickup trucks for any occupant who is under 18 years of age.
(b) Each occupant of the front seat of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208.
(c) The requirement of subsection (b) of this Code section shall not apply to:
(1) A driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per hour;
(2) A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt;
(3) A driver or passenger possessing an official certificate or license endorsement is sued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt;
(4) A driver operating a passenger vehicle in reverse;
(5) A passenger vehicle with a model year prior to 1965;
(6) A passenger vehicle which is not required to be equipped with seat safety belts under federal law;
(7) A passenger vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier;
(8) A passenger vehicle from which a person is delivering newspapers; or
(9) A passenger vehicle performing an emergency service.
(d) Failure to wear a seat safety belt shall not be considered evidence of negligence, shall not be considered by the court on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not diminish any recovery for damages arising out of the ownership, mainte nance, occupancy, or operation of a passenger vehicle.
(e)(l) Except as otherwise provided in paragraphs (2) and (3) of this subsection and subsection (f) of this Code section, a person failing to comply with the requirements of

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subsection (b) of this Code section shall not be guilty of any criminal act and shall not be guilty of violating any ordinance and shall not be issued a citation for violation of any provision of this title or any ordinance enacted pursuant thereto. Such person shall be warned that the failure to use a seat safety belt is dangerous to the person's safety and such person shall be encouraged to comply with the provisions of this Code section.
(2) A person failing to comply with the requirements of subsection (b) of this Code section who is also charged with violating Code Section 40-6-181, Code Section 40-6186, Code Section 40-6-271, Code Section 40-6-390, Code Section 40-6-391, Code Sec tion 40-6-393, Code Section 40-6-394, or Code Section 40-6-395 shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereof, may be fined not more than $15.00. The court imposing such fine shall not forward a record of the disposition of the case of failure to wear a seat safety belt to the Department of Public Safety.
(3) Each minor over four years of age who is an occupant of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger over four years of age fails to comply with the requirements of this paragraph, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor and, upon conviction thereof, may be fined not more than $25.00. The court imposing such a fine shall not forward a record of the court disposition of the case of failure to secure a safety belt on a minor to the Department of Public Safety.
(f) Notwithstanding the provisions of subsection (b) of this Code section, every occupant of any vehicle operated by a person less than 18 years of age shall, while such vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. The require ment of this subsection shall not apply to:
(1) A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt;
(2) A driver or passenger possessing an official certificate or license endorsement is sued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt;
(3) A passenger vehicle with a model year prior to 1965; or
(4) A passenger vehicle which is not required to be equipped with seat safety belts under federal lawT
(g) A person failing to comply with the requirements of subsection (f) of this Code section shall be guilty of the offense of failure to wear a safety belt and, upon conviction thereof, may be fined not more than $500.00."
SECTION 6.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.
Senators Land of the 16th and Ralston of the 51st offered the following amendment:
Amend the Judiciary Committee substitute to SB 79 by adding on page 9 of the com mittee substitute, in Section 2, after subsection (2) on line 12, the following new subsection (3) as follows:
"(3) Going to a destination where the minor intends to hunt or fish in conformity with the provisions of Title 27 of this Code;"

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287

and by renumbering existing subsections (3), (4) and (5) as subsections (4), (5), and (6), respectively.
On the amendment, Senator Taylor of 12th called for the yeas and nays. The call was sustained and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day

Edge Egan Glanton Gochenour Harbison Hooks Isakson Johnson of 1st Kemp Land Madden

Marable McGuire Newbill Pollard Ragan Ralston Slotin Tanksley Turner Tysinger Walker

Those voting in the negative were Senators:

Brown of 26th Dean Farrow Gillis Griffin Guhl Henson

James Langford Middleton Oliver Perdue Ray

Scott Starr Stokes Taylor Thomas Thompson

Those not voting were Senators:

Abernathy Boshears

Hill (excused)

Johnson of 2nd

On the adoption of the amendment, the yeas were 33, nays 19, and the Land/Ralston amendment was adopted.

Senator Marable of the 52nd offered the following amendment:
Amend the committee substitute to SB 79 by striking out Section 2 page 9 lines 1-25; by striking on page 1 line 8 all after ";" and on line 9 all before ";"

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 Black Blitch Boshears Burton Cagle Cheeks Clay Crotts

Day Edge Egan
Glanton Gochenour Guhl Isakson Johnson of 1st

Land Marable McGuire
Ralston Slotin Tanksley Tysinger Walker

Those voting in the negative were Senators:

Abernathy Bowen Broun of 46th Brown of 26th

Dean Farrow Gillis Griffin

Harbison Henson Hooks James

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Kemp Langford Madden Middleton Newbill Oliver

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Perdue Pollard Ragan Ray Scott Starr

Stokes Taylor Thomas Thompson Turner

Not voting were Senators Hill (excused) and Johnson of 2nd.

On the adoption of the amendment, the yeas were 25, nays 29, and the Marable amendment to the committee substitute was lost.
On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended:

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black
Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle
Cheeks Clay
Crotts Day Dean Edge
Egan
Farrow

Gillis Glanton Gochenour
Griffin Guhl Harbison
Henson Hooks Isakson James
Johnson of 1st Kemp
Land Langford Madden Marable
McGuire
Middleton

Newbill Oliver Perdue
Pollard Ragan Ralston
Ray Scott Slotin Starr
Stokes Tanksley
Taylor Thomas Thompson Turner
Tysinger
Walker

Not voting were Senators Hill (excused) and Johnson of 2nd.
On the passage of the bill, the yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Perdue of the 18th moved that, pursuant to HR 18, adopted previously, the Senate stand in recess until 5:00 P.M. today, and at that time stand adjourned until 10:00 A.M. on Monday, February 6, 1995; the President announced that the motion prevailed at 12:44 P.M.

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289

Senate Chamber, Atlanta, Georgia Monday, February 6, 1995 Sixteenth Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President Pro Tempore.
Senator Pollard of the 24th reported that the Journal of Friday, February 3, 1995 pro ceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 525. By Representatives Holland of the 157th and Hanner of the 159th:
A bill to amend an Act creating the Lee County Utilities Authority, so as to provide for the membership of the authority, including ex officio and appointed members, and their term of tenure and compensation; to confer powers and du ties upon the authority.
HB 527. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Lamar County.
HB 535. By Representative Purcell of the 147th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge of said court.
HB 345. By Representatives Greene of the 158th, Walker of the 141st, Floyd of the 138th and Bostick of the 165th:
A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide for the creation of regional jail authorities.
HB 346. By Representatives Greene of the 158th, Walker of the 141st, Floyd of the 138th and Bostick of the 165th:
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 provide for the inclusion of capital outlay projects consisting of regional jails, correctional institutions, or other detentional facilities.
HB 347. By Representatives Greene of the 158th, Walker of the 141st, Floyd of the 138th and Bostick of the 165th:
A bill to amend Article 1 of Chapter 7 of Title 17 of the Official Code Of Georgia Annotated, relating to general provisions relative to pretrial proceedings in criminal cases, so as to provide for an exception to the requirements of Code Section 17-7-1 relating to the jailing of prisoners where there is no secure jail in the county.

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HB 348. By Representatives Greene of the 158th, Walker of the 141st, Floyd of the 138th and Bostick of the 165th:
A bill to amend Article 5 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, known as the "Jail Construction and Staffing Act," so as to change the provisions relating to the expenditures of moneys; to authorize use of funds for contracts with regional jail authorities and the construction, operation, maintenance, and staffing ofjails and other facilities by regional jail authorities.
HB 405. By Representatives Culbreth of the 132nd and Lord of the 121st:
A bill to amend Chapter 39 of Title 33 of the Official Code of Georgia Annotated, relating to the collection, use, and disclosure of information gathered by insur ance institutions, so as to revise the definition of adverse underwriting decision; to provide that the placement of insurance with a residual market mechanism, insurer, or unauthorized insurer shall not be considered an adverse underwrit ing decision under certain circumstances.
HB 431. By Representatives Culbreth of the 132nd and Lord of the 121st:
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 382. By Representatives Ashe of the 46th, Culbreth of the 132nd, Williams of the 114th, Towery of the 30th, Heard of the 89th and others:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to per mit the Georgia Housing and Finance Authority to contract with the State Per sonnel Board for the participation of authority employees in the state employ ees' health insurance plan.
HB 379. By Representatives Powell of the 23rd, Parham of the 122nd, Bostick of the 165th, Dobbs of the 92nd, Watts of the 26th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for op tional staggered motor vehicle registration over either a four-month or a 12 month period; to change certain licensing and registration deadlines.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 284. By Senators Henson of the 55th, Taylor of the 12th and Starr of the 44th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to pro vide references to current codifications of certain federal law regarding odome ters and odometer tampering.
Referred to Committee on Consumer Affairs.

MONDAY, FEBRUARY 6, 1995

291

SB 285. By Senators Gillis of the 20th, Isakson of the 21st, Harbison of the 15th and Broun of the 46th:
A bill to amend Code Section 17-10-7 of the Official Code of Georgia Annotated, relating to punishment of repeat offenders, so as to provide that persons convict ed of a second felony offense shall not be probated, assigned, or otherwise per mitted to serve any portion of a period of confinement for the second felony of fense in any type of boot camp or other alternative incarceration facility.
Referred to Committee on Corrections, Correctional Institutions and Property.
SB 286. By Senators Pollard of the 24th, Tysinger of the 41st, Ray of the 19th and others:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' compensation purposes, so as to revise definitions; to provide for certain information to be sub mitted to the Commissioner of Insurance with an application for a certificate of authority; to revise requirements for the establishment of a group self-insurance fund; to revise procedures for the admission of new members into a fund.
Referred to Committee on Insurance and Labor.
SB 287. By Senators Pollard of the 24th and Bowen of the 13th:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide that under cer tain conditions, after a radio operator or driver's license examiner has accumu lated 25 years of service with the Department of Public Safety, such an officer shall be entitled to retain his or her badge upon leaving such department.
Referred to Committee on Public Safety.
SB 288. By Senators Pollard of the 24th, Bowen of the 13th and Guhl of the 45th:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Driver's License Act," so as to change the provisions relating to disqualification from driving a commercial mo tor vehicle; to provide for disqualification from driving a commercial motor vehi cle based on violations of out-of-service orders.
Referred to Committee on Public Safety.
SB 289. By Senators Pollard of the 24th, Tysinger of the 41st and Langford of the 29th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for the Fair Access to Insurance Re quirements Plan; to provide for the establishment and operation of an under writing association comprised of property insurers; to require membership in the plan by a property insurer as a condition of its authority to transact property insurance in this state.
Referred to Committee on Insurance and Labor.

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SB 290. By Senators Pollard of the 24th, Ray of the 19th and Thomas of the 10th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise the form and contents of the final judgment and decree of divorce with regard to child support; to provide for a written find ing of the gross income of each parent and the presence or absence of special circumstances in the final verdict or decree awarding child support; to require a special interrogatory relating to gross income and special circumstances from a jury returning a verdict regarding child support.
Referred to Committee on Judiciary.
SB 291. By Senator Ragan of the llth:
A bill to amend Code Section 20-2-794 of the Official Code of Georgia Annotated, relating to members of the Professional Practices Commission, so as to provide for reimbursement of members for their actual and necessary expenses incurred in the performance of their official duties.
Referred to Committee on Education.
SB 292. By Senators Langford of the 29th, Gochenour of the 27th and Thompson of the 33rd:
A bill to amend Code Section 15-11-4.1 of the Official Code of Georgia Annotat ed, relating to training seminars for judges and associate judges exercising juve nile court jurisdiction, so as to provide for establishment of seminars by the Council of Juvenile Court Judges in conjunction with the Institute of Continuing Judicial Education of Georgia; to provide for court rules relating to such semi nars.
Referred to Committee on Judiciary.
SB 293. By Senators Oliver of the 42nd, Perdue of the 18th and Tysinger of the 41st:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "Information Technology Policy Act of 1995"; to provide for legislative intent; to provide for definitions; to create the Georgia Information Technology Policy Council; to provide for its powers, duties, and authority; to provide for members and vacancies; to provide for meetings and procedures; to provide for reimbursement.
Referred to Committee on Science, Technology and Industry.
SB 294. By Senator Ragan of the llth:
A bill to amend Code Section 20-2-797 of the Official Code of Georgia Annotated, relating to Professional Practices Commission disciplinary recommendations, so as to provide for findings of fact, conclusions of law, and recommendations by the Professional Practices Commission; to amend Code Section 50-13-41 of the Official Code of Georgia Annotated, relating to hearing procedures of the Office of State Administrative Hearings, so as to provide for findings of fact.
Referred to Committee on Education.

MONDAY, FEBRUARY 6, 1995

293

SB 295. By Senators Ragan of the llth, Turner of the 8th, Burton of the 5th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to establish the Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assist ance Trust Fund for Individuals with Disabilities Commission; to provide a short title; to define certain terms; to provide for the membership of the Technol ogy Related Assistance Trust Fund for Individuals with Disabilities Commission and its powers, duties and compensation.
Referred to Committee on Science, Technology and Industry.
SB 296. By Senator Ragan of the llth:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for definitions of certain terms; to prohibit the creation, use, or procurement of a false and fraudulent certificate, license, permit, credential, or other document with intent to deceive; to provide that the same is good and sufficient cause for termination, suspension, or nonrenewal of a contract of employment.
Referred to Committee on Education.
SB 297. By Senators Gochenour of the 27th, McGuire of the 30th and Glanton of the 34th:
A bill to amend Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to revenue bonds, so as to provide that revenue bonds may not mature more than 20 years after the date of their issuance; to provide that revenue bonds shall not have a term in years longer than the life expectancy of the project or item financed by the bond; to provide for related matters; to pro vide for an effective date and applicability.
Referred to Committee on Finance and Public Utilities.
SB 298. By Senators Newbill of the 56th, Walker of the 22nd, McGuire of the 30th and others:
A bill to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide for a LEARNFARE pilot program whereby certain children included in grants of public assistance must attend school; to provide for legislative purpose; to provide for definitions; to provide for the circumstances which constitute school attendance; to provide for verification of enrollment and school attendance; to require schools to provide school attend ance information.
Referred to Committee on Health and Human Services.
SB 299. By Senators Harbison of the 15th, Glanton of the 34th and Hill of the 4th:
A bill to amend Code Section 38-2-280 of the Official Code of Georgia Annotated, relating to reemployment rights in private industry for various absences, so as to provide a reemployment right for absence due to military duty in the service of the state or of the United States.
Referred to Committee on Defense and Veterans Affairs.

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SB 300. By Senators Harbison of the 15th, Clay of the 37th and Madden of the 47th:
A bill to amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmaceutics, so as to prohibit certain government purchases of drugs from certain drug manufacturers and sellers under certain conditions; to provide for definitions.
Referred to Committee on Consumer Affairs.
SR 164. By Senators Ray of the 19th, Hooks of the 14th, Walker of the 22nd and others:
A resolution creating the Georgia Child Abuse Study Committee.
Referred to Committee on Rules.
SR 166. By Senators Ragan of the llth, Turner of the 8th, Burton of the 5th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the Technology Related Assist ance Trust Fund for Individuals with Disabilities by providing for additional penalties or fees in certain cases in any court in this state in which a person is adjudged guilty of such an offense against the criminal or traffic laws of this state or an ordinance; to provide for the submission of this amendment for ratifi cation or rejection.
Referred to Committee on Science, Technology and Industry.
SR 167. By Senators Gochenour of the 27th, Glanton of the 34th, McGuire of the 30th and others:
A resolution proposing an amendment to the Constitution so as to provide that the right of parents to direct the upbringing and education of their children shall not be infringed; to authorize the General Assembly to provide by general law for the protection of this right; to provide for the submission of this amend ment for ratification or rejection.
Referred to Committee on Education.
SR 168. By Senators Gochenour of the 27th, McGuire of the 30th and Glanton of the 34th:
A resolution proposing an amendment to the Constitution so as to provide that no state general obligation debt or guaranteed revenue debt shall have a term in excess of the lesser of the life in years of the item financed by the debt or 20 years; to provide for the submission of this amendment for ratification or rejec tion.
Referred to Committee on Finance and Public Utilities.
HB 345. By Representatives Greene of the 158th, Walker of the 141st, Floyd of the 138th and Bostick of the 165th:
A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide for the creation of regional jail authorities.
Referred to Committee on Corrections, Correctional Institutions and Property.

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295

HB 346. By Representatives Greene of the 158th, Walker of the 141st, Floyd of the 138th and Bostick of the 165th:
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 provide for the inclusion of capital outlay projects consisting of regional jails, correctional institutions, or other detentional facilities.
Referred to Committee on Corrections, Correctional Institutions and Property.
HB 347. By Representatives Greene of the 158th, Walker of the 141st, Floyd of the 138th and Bostick of the 165th:
A bill to amend Article 1 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to pretrial proceedings in criminal cases, so as to provide for an exception to the requirements of Code Section 17-7-1 relating to the jailing of prisoners where there is no secure jail in the county.
Referred to Committee on Corrections, Correctional Institutions and Property.
HB 348. By Representatives Greene of the 158th, Walker of the 141st, Floyd of the 138th and Bostick of the 165th:
A bill to amend Article 5 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, known as the "Jail Construction and Staffing Act," so as to change the provisions relating to the expenditures of moneys; to authorize use of funds for contracts with regional jail authorities and the construction, operation, maintenance, and staffing ofjails and other facilities by regional jail authorities.
Referred to Committee on Corrections, Correctional Institutions and Property.
HB 379. By Representatives Powell of the 23rd, Parham of the 122nd, Bostick of the 165th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for op tional staggered motor vehicle registration over either a four-month or a 12 month period; to change certain licensing and registration deadlines.
Referred to Committee on Transportation.
HB 382. By Representatives Ashe of the 46th, Culbreth of the 132nd, Williams of the 114th and others:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to per mit the Georgia Housing and Finance Authority to contract with the State Per sonnel Board for the participation of authority employees in the state employ ees' health insurance plan.
Referred to Committee on Insurance and Labor.

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HB 405. By Representatives Culbreth of the 132nd and Lord of the 121st:
A bill to amend Chapter 39 of Title 33 of the Official Code of Georgia Annotated, relating to the collection, use, and disclosure of information gathered by insur ance institutions, so as to revise the definition of adverse underwriting decision; to provide that the placement of insurance with a residual market mechanism, insurer, or unauthorized insurer shall not be considered an adverse underwrit ing decision under certain circumstances.
Referred to Committee on Insurance and Labor.

HB 431. By Representatives Culbreth of the 132nd and Lord of the 121st:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insur ance, so as to revise the requirements of the amount of capital stock or surplus necessary for authorization to transact insurance in this state.
Referred to Committee on Insurance and Labor.
HB 525. By Representatives Holland of the 157th and Hanner of the 159th:
A bill to amend an Act creating the Lee County Utilities Authority, so as to provide for the membership of the authority, including ex officio and appointed members, and their term of tenure and compensation; to confer powers and du ties upon the authority.
Referred to Committee on State and Local Governmental Operations.

HB 527. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Lamar County.
Referred to Committee on State and Local Governmental Operations.

HB 535. By Representative Purcell of the 147th: A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge of said court.
Referred to Committee on State and Local Governmental Operations.
The following report of the standing committee was read by the Secretary:

Mr. President:

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

SB 97. Do pass as amended.

SB 156. Do pass by substitute.

SB 110. Do pass by substitute.

SB 209. Do pass by substitute.

Respectfully submitted, Senator Egan of the 40th District, Chairman

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297

The following bills were read the second time:

SB 11
SB 124
SB 234 HB 278

SB 49
SB 184
SB 253 HB 318

SB 81 SB 192 HB 164

SB 115 SB 193 HB 197

SB 117 SB 194 HB 199

SB 120 SB 216 HB 201

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

Balfour Black Blitch Boshears
Bowen Broun of 46th Brown of 26th Burton
Cagle Cheeks Clay Crotts Day Dean Gillis

Glanton Gochenour Griffin Guhl
Harbison Hill Hooks Isakson
Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue
Pollard Ragan Ralston Scott
Slotin Starr Stokes Tanksley Thomas Turner Tysinger

Those not answering were Senators:

Abernathy
Edge Egan Farrow

Henson
James Johnson of 2nd Ray (presiding)

Taylor Thompson Walker

The President Pro Tempore led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Oliver of the 42nd introduced the chaplain of the day, Rabbi William Roths child, of Atlanta, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:

SR 169. By Senators Marable of the 52nd, Dean of the 31st and Ray of the 19th: A resolution declaring October 7, 1995 as Martha Berry Day.

SR 170. By Senator McGuire of the 30th: A resolution commending Mr. Daniel G. Jackson.

SR 171. By Senator McGuire of the 30th: A resolution commending Mr. Daniel W. Muchnick.

SR 172. By Senator McGuire of the 30th:
A resolution commending the Carroll County Certified Literate Community Pro gram, LIFT - Literacy Is For Today and Tomorrow.

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SR 173. By Senators Harbison of the 15th and Glanton of the 34th: A resolution recognizing February 23, 1995, as National Guard Day.
SR 174. By Senators Johnson of the 1st and Johnson of the 2nd: A resolution declaring April 19, 1995, as "Johnny Mercer Day" in Georgia.
SENATE CALENDAR Monday, February 6, 1995 SKTEENTH LEGISLATIVE DAY
SB 205 Special License Plates--promoting Nongame Wildlife Conservation Fund (Sub stitute) (Pub Saf--13th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on February 3, 1995.)
SB 114 Certain Criminal Cases--additional fines for victim assistance (Substitute) (S Judy--4th)
SB 131 Cellular Phone Calls--unlawful interception, publishing (Judy--22nd)
SB 140 Statutory Rape, Child Molestation--redefine offenses (Substitute) (Amend ment) (Judy--29th)
SB 141 Juvenile Court--increase number of persons appointed judge pro tempore (S Judy--29th)
SB 159 Contributing to Delinquency of Minor--redefine offense (S Judy--37th)
SB 195 Health Plan Act for 1995--create certain standards (Amendment) (H&HS-- 10th)
SB 227 Child Support--no business license when not in compliance (Judy--42nd)
SR 19 Bartow County--conveyance of certain state property (Substitute) (F&PU-- 31st)
SR 113 Baldwin, Cobb, Towns, Walker Counties--telecommunication easements (Amendment) (F&PU--44th)
SR 118 Clark, Clayton, Habersham, Other Counties--utility easements (F&PU--44th)
HB 125 Cooperative marketing associations; amend provisions (Ag--llth)
HB 136 Fiscal retirement bills; cost reduction amendments; actuarial study (Ret--5th)
HB 137 Employees' Retirement; administer certain judicial systems (Ret--34th)
HB 138 Firemen's Pension Fund; change reference (Ret--38th)
HB 171 Teachers or Regents Retirement; University System employees; 60 days to choose (Ret--5th)
HB 266 Sheriffs' Retirement; cost of living increases (Ret--38th)
SB 126 Cities, Counties--contracts for regional facilities (Substitute) (SLGO-G--4th)

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SB 27 Stone Mountain Memorial Association--bylaws, districts (Substitute) (EDT&CA--5th)
SB 123 Housing Authorities--provide for certain Indian tribes (H&HS--llth)
SB 125 Contact Lens Sale--stricter guidelines (H&HS--28th)
SB 134 Municipal Corporation--service, enforcement of process, summons (Corr--31st)
SB 153 Used Automobile Dealer--certain information to person purchasing, leasing (C Aff--37th)
SB 165 Branch Banks--establishment, management (B&FI--23rd)
SB 201 Game Fish, Creel Limits for Certain Fish--redefine (Nat R--20th)
SB 203 Special License Plates--World War II Eight Air Force veterans (D&VA--1st)
SB 208 Insurance--establish Special Insurance Fraud Fund (Substitute) (I&L--28th)
SB 222 Inmate Reimbursement to Counties and Muncipalities Act--provide (Corr-- 47th)
SB 228 Certain Incarcerated Youth--special school district (Corr--31st)
SB 229 Juveniles Sentenced to Corrections Department--rights, powers of the depart ment (Corr--31st)
SB 232 Beauty Pageants--written notice for entrants, bond amounts (EDT&CA--26th)
SB 233 Health--genetic testing (Substitute) (H&HS--22nd)
SB 238 Automobile Insurance Payment--coverage cancellation when bad check issued (Amendment) (I&L--17th)
SB 242 Local Government Investment of Funds--certain certificates of deposit allowed (B&FI--8th)
SR 90 Inmates--urge Corrections and Department of Transportation establish pro gram for certain road maintenance (Corr--47th)
SR 122 Educators Technology Training Commission--create (Amendment) (EDT&CA--46th)
HB 200 Hunting wildlife in state park; approved weaponry (Nat R--20th)
HB 246 Funeral homes; identification tag; affix to casket and vault (C Aff--44th)
HB 274 Hunting wildlife; nontoxic shot; provision for use (Nat R--47th)
HB 277 Game and fish; amend provisions (Nat R--20th)
HR 49 Fulton County and MARTA; convey property; (EDT&CA--1st)
HR 55 "Sloppy" Floyd Veterans Memorial Building; permanent display (D&VA--15th)

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The following general bill of the Senate, having been read the third time and final action suspended on February 3, pursuant to Senate Rule 143, and placed on the Senate Calendar for today, was continued upon its passage:

SB 205. By Senators Bowen of the 13th and Pollard of the 24th:

A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide for special license plates to promote the Nongame Wildlife Conser vation and Wildlife Habitat Acquisition Fund and its beneficiary, the NongameEndangered Wildlife Program of the Department of Natural Resources; to pro vide procedures for acquiring such license plates; to provide for licensing agree ments.
The substitute to SB 205 offered by Senator Pollard of the 24th on February 3, as it appears in the Journal of February 3, was automatically reconsidered and put upon its adoption.
On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to by substitute.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Henson Johnson of 2nd

Ragan Ray (presiding)

Thompson

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

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301

The following general bills, having been read the third time were put upon their passage:
SB 114. By Senators Hill of the 4th, Kemp of the 3rd, Thomas of the 10th and Marable of the 52nd:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide for an additional penalty in certain criminal cases; to provide for the use of funds derived from such penalties for local victim assistance programs; to provide for approval of programs by the Criminal Justice Coordinating Council.
The Senate Committee on Special Judiciary offered the following substitute to SB 114:
A BILL
To be entitled an Act to amend Chapter 21 of Title 15 of the Official Code of Georgia Anno tated, relating to payment and disposition of fines and forfeitures, so as to provide for an additional penalty in certain criminal cases; to provide for the use of funds derived from such penalties for local victim assistance programs; to provide for approval of programs by the Criminal Justice Coordinating Council; to provide that where there is no local approved program, such funds shall be paid to the Criminal Justice Coordinating Council for use in making grants to approved local programs in other areas; to provide for administrative procedures; to provide for monetary penalties for late transfer of funds; to provide for crimi nal penalties for failure or refusal to remit funds; to amend Code Section 35-6A-7 of the Official Code of Georgia Annotated, relating to functions and authority of the Criminal Justice Coordinating Council, so as to reflect such functions of the council; 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.
Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, is amended by adding at its end a new Article 8 to read as follows:
"ARTICLE 8
15-21-130.
It is the intent of this article to provide funding for local victim assistance programs.
15-21-131.
(a) In every case in which any state court or superior court in this state shall impose a fine, which shall be construed to include costs, for any criminal offense, there shall be imposed as an additional penalty a sum equal to 5 percent of the original fine.
(b) Such sums shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund and in addition to any other amounts provided for in this chapter.
15-21-132.
(a) The sums provided for in Code Section 15-21-131 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid over on a monthly basis as follows:
(1) If the county where the fine was imposed operates or participates in a victim assist ance program approved by the Criminal Justice Coordinating Council, then the mon eys shall be paid over to that victim assistance program; or

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(2) If the county where the fine was imposed does not operate or participate in a victim assistance program approved by the Criminal Justice Coordinating Council, then the moneys shall be paid over the Criminal Justice Coordinating Council and disbursed by the council as grants to approved victim assistance programs in other counties in ac cordance with the requirements of Article 5 of Chapter 5 of Title 28, the 'Fair and Open Grants Act of 1993.'
(b) The Criminal Justice Coordinating Council shall promulgate rules governing the ap proval of victim assistance programs. The rules shall provide for the approval of pro grams which are designed to provide substantial assistance to victims of crime in understanding and dealing with the criminal justice system as it relates to the crimes committed against them. It is the intention of the General Assembly that approval shall be liberally granted so as to encourage local innovations in the development of victim assistance programs.
15-21-133.
Moneys collected as provided for in this article shall be paid over as provided for in this article by the last day of the month following the month in which they are collected. When any person, agency, or unit of government whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount.
15-21-134.
Any person whose duty it is to collect and remit the sums provided for in this article who fails or refuses to so remit shall be guilty of a misdemeanor."
SECTION 2.
Code Section 35-6A-7 of the Official Code of Georgia annotated, relating to functions and authority of the Criminal Justice Coordinating Council, is amended by striking the word "and" at the end of paragraph (9); by renumbering paragraph (10) as paragraph (11); and by inserting a new paragraph (10) to read as follows:
"(10) To promulgate rules governing the approval of victim assistance programs and receive and disburse funds for such programs as provided for in Article 8 of Chapter 21 of Title 15; and".
SECTION 3.
This Act shall become effective July 1, 1995, and shall apply with respect to offenses com mitted on or after that date.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senator Pollard of the 24th offered the following amendment:
Amend the committee substitute to SB 114 by striking on line 10 page 3 "fails or".
On the adoption of the amendment, the yeas were 38, nays 0; and the amendment to the committee substitute was adopted.
On the adoption of the committee substitute, the yeas were 40, nays 0; and the substi tute was adopted as amended.
Senator Burton of the 5th moved that the Senate reconsider its action on the adoption of the substitute.
On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate recon sidered its action in adopting the substitute.

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303

Senator Pollard of the 24th offered the following amendment:

Amend the committee substitute to SB 114 by striking on page 1 line 13 "failure or"
On the adoption of Amendment #2 by Senator Pollard of the 24th, the yeas were 47, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 40, nays 0; and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Tysinger Walker

Those not voting were Senators:

Henson Thomas

Thompson

Turner

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 131. By Senators Walker of the 22nd, Stokes of the 43rd, Thomas of the 10th and others:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to make it unlawful for any person to broadcast, print, or publish the contents of any unlawfully intercepted communication transmitted between cellular radio telephone or between any cellular radio telephone and a landline telephone; to provide penalties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Black

Blitch Boshears

Bowen Broun of 46th

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Brown of 26th Burton Cagle Cheeks Clay Crotts Day Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison

Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver

Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Balfour Dean

Henson

Thompson

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 140. By Senators Langford of the 29th, Madden of the 47th and Perdue of the 18th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the definitions of the offenses of stat utory rape, child molestation, and enticing a child for indecent purposes.
The Senate Committee on Judiciary offered the following substitute to SB 140:

A BILL
To be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to change the definitions of the offenses of statutory rape, child molestation, and enticing a child for indecent purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking in its entirety subsection (a) of Code Section 16-6-3, relating to the offense of statutory rape, and inserting in lieu thereof a new subsection to read as follows:
"(a) A person who is more than three years older than the victim commits the offense of statutory rape when he or she engages in sexual intercourse with any female person under the age of W 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the female victim."
SECTION 2.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 16-6-4, relating to the offense of child molestation, and inserting in lieu thereof a new subsection to read as follows:
"(a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 4 16 years with the intent to arouse or satisfy the sexual desires of either the child or the"person."

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305

SECTION 3.

Said chapter is further amended by striking in its entirety subsection (a) of Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes, and inserting in lieu thereof a new subsection to read as follows:
"(a) A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of *4 16 years to any place whatsoever for the purpose of child molestation or indecent acts."

SECTION 4.

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

Senators McGuire of the 30th and Clay of the 37th offered the following amendment:

Amend the Senate Committee on Judiciary substitute to SB 140 by striking on lines 15 and 16 of page 1 the following:

"who is more than three years older than the victim".
Senator McGuire of the 30th asked unanimous consent that the amendment be with drawn; the consent was granted and the amendment was withdrawn.

Senators McGuire of the 30th, Clay of the 37th and Edge of the 28th offered the follow ing amendment:

Amend the Senate Committee on Judiciary substitute to SB 140 by striking on line 11 of page 1 the words "subsection (a) of.
By striking on line 13 of page 1 the word "subsection" and inserting in lieu thereof the words "Code section".
By striking on lines 15 and 16 of page 1 the following:
"who is more than three years older than the victim".
By inserting immediately following the word and symbol "victim." on line 20 of page 1 the following:
"(b) A person convicted of the offense of statutory rape shall be punished by imprison ment for not less than one nor more than 20 years; provided, however, that if the victim is 14 or 15 years of age and the person so convicted is no more than three years older than the victim, such person may, in the discretion of the court, be punished as for a misdemeanor."
On the adoption of the amendment, the yeas were 39, nays 1, and the McGuire amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th

Burton Cagle Cheeks Clay Crotts Day Dean Edge

Egan Farrow Glanton Gochenour Griffin Guhl Harbison Hill

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Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land
Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan
Ralston Scott

Slotin Starr Stokes Tanksley Taylor Thomas Turner
Tysinger Walker

Those not voting were Senators:

Gillis

Ray

Henson

Thompson

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 141. By Senators Langford of the 29th, Thompson of the 33rd and Madden of the 47th:
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 expand the number of per sons who may be appointed judge pro tempore of the juvenile court.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay
Crotts Day Dean Egan Farrow Glanton

Gochenour Griffin Guhl Harbison Hill Hooks Isakson Johnson of 2nd Johnson of 1st Kemp Land
Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor
Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch Edge

Gillis Henson

James Ray

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

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307

SB 159. By Senators Clay of the 37th, Burton of the 5th and Boshears of the 6th:
A bill to amend Article 1 of Chapter 12 of Title 6 of the Official Code of Georgia Annotated, relating to general provisions applicable to public health and morals and various offenses against public health and morals, so as to change the defi nition of the offense of contributing to the delinquency, unruliness, or depriva tion of a minor.

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

On 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 Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch

Ray

Henson

Starr

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 227. By Senators Oliver of the 42nd, Taylor of the 12th, Brown of the 26th and others:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to limit the issuance of re newal of licenses and other authorizations to engage in professions, businesses, or occupations to persons who are not in compliance with orders for child sup port; 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.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On 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 Black

Blitch Boshears Bowen

Broun of 46th Brown of 26th Burton

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JOURNAL OF THE SENATE

Cagle Cheeks Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Hill

Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver

Perdue Pollard Ragan Ralston Ray Scott Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Clay Henson

Slotin

Walker

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

SR 19. By Senators Dean of the 31st and Marable of the 52nd:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; to provide an effective date.
The Senate Committee on Finance and Public Utilities offered the following substitute to SR 19:

A RESOLUTION
Authorizing confirmation that the state does not own certain real property located in Bartow County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, on January 4, 1991, the City of Cartersville acquired 7.809 acres of property which was to be transferred to the Georgia Army National Guard to be used as an armory; and
WHEREAS, the Georgia Army National Guard determined that it did not need the prop erty since National Guard forces are being reduced; and
WHEREAS, the state never accepted delivery of the title to the real property but the City of Cartersville desires confirmation that title never passed; and
WHEREAS, said real property is all that tract or parcel of land lying and being in Land Lots 607 and 608 of the 4th District and 3rd Section of Bartow County, Georgia containing 7.809 Acres all as shown by plat of William C. Smith, Registered Land Surveyor, dated 10/ 31/90, recorded in Plat Book 34 Page 192, Clerk's Office, Superior Court of Bartow County Georgia, plat being incorporated herewith, and reference being hereby made to said plat for a more full and complete description of said property more particularly described as follows:
BEGINNING at the intersection of the West line of Land Lot 605 with the North Right of Way of Red Top Mountain Road (40' R/W).
THENCE South 88 degrees 45 minutes 55 seconds West for a distance of 147.26 feet along the North Right of Way of Red Top Mountain Road to a point.

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309

THENCE South 86 degrees 02 minutes 04 seconds West for a distance of 26.50 feet along said North Right of Way of Red Top Mountain Road to an iron pin.
THENCE North 05 degrees 35 minutes 31 seconds West for a distance of 96.68 feet to an iron pin on the South Right of Way of Allatoona Dam Road (100' R/W).
THENCE North 36 degrees 39 minutes 51 seconds East for a distance of 130.28 feet along said South Right of Way to a point.
THENCE along a curve to the right having a radius of 1256.53 feet and an arc length of 568.36 feet, being subtended by a chord of North 49 degrees 37 minutes 20 seconds East for a distance of 563.52 feet along said Right of Way to a point.
THENCE North 62 degrees 34 minutes 49 seconds East for a distance of 202.39 feet along said Right of Way to an iron pin.
THENCE South 11 degrees 56 minutes 24 seconds East for a distance of 669.37 feet to a point, which point is South 11 degrees 56 minutes 24 seconds East a distance of 5.00 feet from an iron pin.
THENCE North 89 degrees 55 minutes 12 seconds West for a distance of 642.14 feet to THE POINT OF BEGINNING.
Said property may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by the grantees to the State Properties Commission for approval.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

That the State Properties Commission shall in its discretion cause its Executive Director to execute an affidavit attesting to the facts of the matter of this resolution and confirming that the state never acquired ownership of or title to the real property.

SECTION 2.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such confirmation.

SECTION 3.
That the affidavit shall be recorded by the City of Cartersville in the Superior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 4.

That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5.

That all laws and parts of laws in conflict with this resolution 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 adoption of the resolution by substitute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black

Boshears Bowen Broun of 46th

Brown of 26th Burton Cagle

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JOURNAL OF THE SENATE

Cheeks Clay Crotts Day Dean Edge Egan Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks

Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue

Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch Farrow

Henson

Taylor

On the adoption of the resolution, the yeas were 52, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

SR 113. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of telecommunications lines and equipment, electrical utili ties, and highway improvements in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Cobb, Towns, and Walker Counties, Georgia.

The Senate Committee on Finance and Public Utilities offered the following amendment:
Amend SR 113 by striking in their entirety lines 31 through 36 on page 4, which read as follows:
"That portion and that portion only, as shown on those drawings entitled 'Baker/Jiles Road Connector, Cobb County Project No. 7174' and 'Barrett Parkway Extension from Dallas Highway to U.S. 41, Cobb County Project No. 4225', each on file in the offices of the State Properties Commission,",
and inserting in lieu thereof the following:
"That portion and that portion only, as shown on those drawings entitled "Baker/Jiles Road Connector, Cobb County Project No . 7174'; 'Barrett Parkway Extension from Dal las Highway to U.S. 41, Cobb County Project No. 4225'; and Atlanta Road from Fulton County Line to 1-285, Cobb County Project No. 4215; each on file in the offices of the State Properties Commission,".
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black

Blitch Boshears Bowen

Brown of 26th Burton Cagle

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311

Cheeks Clay Crotts Day Dean Edge Gillis Glanton Gochenour Griffin . Guhl Harbison Hill Hooks

Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver

Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Egan Farrow

Henson Perdue

Tanksley Thompson

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 118. 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 Clark, Clayton, Habersham, Hart, Laurens, Mclntosh, Walker, and White Counties, Georgia.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Gillis Glanton

Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

312

JOURNAL OF THE SENATE

Those not voting were Senators:

Egan Farrow

Henson

Starr

On the adoption of the resolution, the yeas were 52, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SB 27. By Senators Burton of the 5th, Thomas of the 10th, Olive of the 42nd and others:
A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Stone Mountain Memorial Association Act," so as to define certain terms; to provide for the preparation of bylaws; to provide for the division of the Stone Mountain Memorial Park into certain districts.
The Senate Committee on Economic Development Tourism and Cultural Affairs of fered the following substitute to SB 27:
A BILL
To be entitled an Act to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Stone Mountain Memorial Association Act," so as to define a certain term; to provide for a master plan of the Stone Mountain Memorial Park; to pro vide a procedure for the amendment of the master plan; to restrict development within a certain area; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Stone Mountain Memorial Association Act," is amended by striking in its entirety para graph (6) of Code Section 12-3-191, relating to definitions relative to the Stone Mountain Memorial Association, and inserting in lieu thereof the following:
"(6) 'Master plan' means that document created by Robert and Company and adopted by the association in December, 1992, consisting of districts and plans for various con struction projects as amended prior to January 1,1995, and as it may be amended from time to time pursuant to Code Section 12-3-194.2.
(7) "Project" means Stone Mountain and property adjacent, thereto acquired by the asso ciation and all accommodations, utilities, facilities, services, and equipment necessary or convenient, and all property, real, personal, or mixed, used or useful, including franchises and easements, in constructing, erecting, improving, remodeling, develop ing, equipping, adding to, extending, maintaining, managing, and operating Stone Mountain, located in DeKalb County, Georgia, and property adjacent thereto, as a Confederate memorial and public recreational area, and the construction, improve ment, development, maintenance, management, operation, and extension of any part thereof, as to which the association has undertaken or agreed to undertake any action permitted by this part."

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SECTION 2.
Said part is further amended by striking in their entirety paragraphs (2), (3), and (6) of Code Section 12-3-194, relating to the powers of the association generally, and inserting in lieu thereof, respectively, the following;
"(2) To acquire Stone Mountain and such surrounding area as the association may deem necessary for the proper development, management, preservation, and protec tion of Stone Mountain, by purchase from the owner or owners thereof, and to pay therefor such price as may be agreed upon;
(3) To acquire, by purchase, lease, or otherwise, and to hold, lease, and dispose of, in any manner, real and personal property of every kind and character for its corporate purposes; provided, however, that as provided in subsection (b) of Code Section 50-163.1, no real property may be sold unless it is necessary for a public road right of way,"
"(6) To construct, reconstruct, lay out, repair, develop, improve, maintain, equip, man age, and operate the project as defined in Code Section 12-3-191, the cost of any such action to be paid in whole or in part from the proceeds of revenue bonds of the associa tion; provided, however, that:
(A) The the association shall not undertake any such activity having a projected cost of over $1 million unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the project, including the proposed activities, and has filed a copy of such evaluation with the Office of Planning and Budget; and
(B) Except as contained in the master plan as it existed on January 1,1995, no devel opment shall occur within the bounds of the natural district. The venues for the 1996 Summer Olympic Uames for archery and for the velodrome shall be removed at the completion of the Olympic Games and the grounds returned to an undeveloped state. After the removal of such construction, no construction may take place in the natural district, except as the master plan may be amended in accordance with Code Section 12-3-194.2?*
SECTION 3.
Said part is further amended by inserting immediately following Code Section 12-3-194.1 a new Code section to read as follows:
"12-3-194.2.
(a) The association, in the exercise of its authority to develop, manage, preserve, and protect Stone Mountain, shall be guided by and shall adhere to the master plan. That area shown on the master plan as the 'natural district' shall be surveyed on or before December 1, 1995, by a Georgia registered engineer or surveyor, and that survey, as approved by the association members at a regularly scheduled public meeting of the as sociation, shall become a part of the master plan.
(b) The association may, from time to time, amend the master plan, but only in compli ance with the following procedure:
(1) Any proposed amendment to the master plan shall be described in written form and, if possible, in visual form and presented publicly at a regular meeting of the association;
(2) A brief summary of the proposed change shall be advertised in the legal organs of DeKalb and Gwinnett Counties along with the date on which a meeting of the associa tion shall be held to consider the proposed change. Directions as to the manner of re ceiving comments from the public, including the time and place of the public hearing on the proposed change required by paragraph (6) of this subsection, shall be provided. Information describing the proposed change and the public hearing also shall be dis tributed to the media by news release and published in appropriate publications of the association;

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(3) The association shall transmit three copies of the summary provided for in para graph (2) of this subsection to the legislative counsel. The copies shall be transmitted at least 30 days prior to the date of the association's intended action. Within three days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding officers of each house of the General Assembly with a copy of the summary, and the presiding officers shall assign the summary to the chairperson of the appropriate standing committee in each house for review and provide a copy to any member of that house who makes a standing written request. In the event a presiding officer is un available for the purpose of making the assignment within the time limitations, the legislative counsel shall transmit the summary to the chairperson of the appropriate standing committee and provide the copies to members of each house who have made standing written requests. 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;
(4) In the event a standing committee to which a summary is assigned as provided in paragraph (3) of this subsection files an objection to a proposed amendment to the master plan with the chairperson of the association prior to its adoption and the associ ation adopts the proposed amendment over the objection, the amendment may be con sidered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the amend ment at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of the association, if it adopts a proposed amendment to the master plan over such objection, to notify the presiding officers of the Senate and the House of Representatives, the chairpersons of the Senate and House committees to which the summary was referred, and the legislative counsel within ten days after the adoption of the amendment to the master plan. In the event the resolution is adopted by one branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, consider the resolution for the purpose of overriding the amendment to the master plan. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the amendment shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of the Governor's veto, the amendment to the master plan shall remain in effect. In the event of the Governor's approval, the amendment to the master plan shall be void on the day after the date of such approval;
(5) Any proposed changes to the boundaries of that area delineated on the master plan as the natural district shall be surveyed and marked at least seven days prior to the public hearing required by paragraph (6) of this subsection in such a fashion as to be readily discernable on the ground by members of the public;
(6) A public hearing shall be held no earlier than 15 days after the most recent publica tion of the notice required by paragraph (2) of this subsection in either the legal organ of DeKalb or Gwinnett County; and
(7) No sooner than 30 days after the meeting of the association at which the proposed change was announced pursuant to paragraph (1) of this subsection, the association shall meet and consider in an open and public meeting the proposed change which, if approved, shall become a part of the master plan, subject, however, to the provisions of paragraph (4) of this subsection."
SECTION 4.
All laws and parts of laws in conflict with the Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 0.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden

Marable McGuire Oliver Pollard Ragan Ray Scott Slotin Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch Egan Henson

Middleton Newbill Perdue

Ralston Starr Taylor

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 165. By Senators Cheeks of the 23rd, Thompson of the 33rd, Clay of the 37th, Harbison of the 15th and others:

A bill to amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding companies, so as to provide for legislative findings and intent; to revise and de lete certain definitions; to revise provisions relative to the management of branch banks; to revise provisions relative to the establishment of branch banks within groups of counties whose outer boundary does not include any county of less than 100,000.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour
Broun of 46th Burton Cheeks
Clay Egan Glanton Gochenour

Harbison Isakson
James Johnson of 2nd Johnson of 1st
Land Langford McGuire Newbill

Perdue Scott
Slotin Stokes Tanksley
Thomas Thompson Turner

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Tysinger Walker

Those voting in the negative were Senators:

Black Blitch Boshears
Bowen Brown of 26th Cagle Crotts Day
Dean

Edge Farrow Gillis
Griffin Guhl Hill Hooks Kemp
Madden

Marable Middleton Pollard
Ragan Ralston Ray Starr Taylor

Not voting were Senators Henson and Oliver. On the passage of the bill, the yeas were 28, nays 26.
The bill, not having received the requisite constitutional majority, was lost.
Senator Cheeks of the 23rd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 165.

SB 201. By Senators Gillis of the 20th, Hooks of the 14th, Madden of the 47th and Bowen of the 13th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the definition of game fish; to change the creel and possession limits for certain fish; to change the list of streams declared to be artificial-lure streams; the change the waters in which live bait may be used; to change the hours of legal fishing on certain streams; to move certain streams from the list of trout waters with seasons to the list of trout waters without seasons.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle
Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Isakson James
Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr
Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

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317

Those not voting were Senators:

Henson

Ray

Walker

On the passage of the bill, the yeas were 53, nays 0.
The bill having received the requisite constitutional majority, was passed.
Senator Marable of the 52nd moved that Senator Henson of the 55th be excused from the Senate today due to illness.
On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Henson of the 55th was excused from the Senate today.

Senator Perdue of the 18th moved that the Senate do now adjourn until 9:30 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 12:00 P.M.

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Senate Chamber, Atlanta, Georgia Tuesday, February 7, 1995
Seventeenth Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President Pro Tempore.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
The President assumed the Chair.
Senator Cheeks of the 23rd moved that the Senate reconsider its action in defeating SB 165.
On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Dean Egan Farrow Gillis Glanton

Griffin Guhl Harbison Henson Hill Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

Newbill Oliver Perdue Ray Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Black Crotts Day Edge

Gochenour Hooks McGuire Middleton

Pollard Ragan Ralston Starr

Those not voting were Senators:

Abernathy

Balfour

Scott

On the motion, the yeas were 41, nays 12; the motion prevailed and SB 165 was recon sidered and placed on the Calendar.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.

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319

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 539. By Representatives Walker of the 141st and Floyd of the 138th:
A bill to amend an Act reincorporating and providing a new charter for the City of Perry in Houston County, so as to provide for appointment, duties, and re moval of department and agency directors; to provide for appointment, compen sation, and removal of a city manager.
HB 556. By Representative Whitaker of the 7th:
A bill to provide a homestead exemption from Gilmer County School District ad valorem taxes for educational purposes in the amount of $50,000.00 of the as sessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 62 years of age or over.
SB 162. By Senator Dean of the 31st:
A bill to amend an Act creating the office of Tax Commissioner of Polk County, as amended, so as to change the compensation of the tax commissioner.
SB 166. By Senator Middleton of the 50th:
A bill to amend an Act providing for the election of members of the Board of Education of Lumpkin County so as to reapportion and change the provisions relating to the districts for the election of members of the board of education; to provide for submission of this Act for approval or rejection.
SB 167. By Senator Middleton of the 50th:
A bill to create the Board of Commissioners of Lumpkin County; to provide for continuation of certain obligations and liabilities; to provide for a chairperson and four additional members; to provide for elections and terms of office; to pro vide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for a county manager; to provide for filling of vacancies; to provide for oaths of office and surety bonds.
HB 70. By Representatives Hegstrom of the 66th and Mobley of the 69th:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to require the driver of a vehicle to stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning.

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HB 351. By Representatives Holmes of the 53rd, Canty of the 52nd, Goodwin of the 79th, Holland of the 157th and Kinnamon of the 4th:
A bill to amend Chapter 3 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Municipal Election Code," so as to change the time for fixing quali fication fees; to provide that qualifying fees shall be fixed by municipal charter or ordinance for nonsalaried officers.
HB 228. By Representatives Polak of the 67th, Buck of the 135th, Smyre of the 136th, Stancil of the 91st, Lawrence of the 64th and others:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to expand the general powers and duties of the Nonpublic Postsecondary Education Commis sion; to change certain definitions regarding tuition equalization grants to in clude a qualified proprietary institution of high education located in the state.
HB 153. By Representatives Smith of the 175th, Martin of the 47th, Epps of the 131st and Shanahan of the 10th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to redefine the term "absentee elector" to provide that persons who are unable to be present at the polls on election day because such persons are providing care to a physically disabled person may qualify as absentee elec tors.
HB 335. By Representatives Skipper of the 137th, Powell of the 23rd and Watson of the 139th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to extensively revise provisions relating to the regulation and licensure of persons dealing in used motor vehicles and used mo tor vehicle parts; to define terms; to provide for a State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers.
HB 323. By Representative Watson of the 139th:
A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Housing and Finance Authority Act," so as to change the definition of the term "business"; to change the provisions relating to obligations not subject to the "Georgia Securities Act of 1973"; to remove the sunset provi sion for issuing certain industrial development bonds.
HB 217. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th:
A bill to amend Code Section 36-1-11.1 of the Official Code of Georgia Annotat ed, relating to expenditure of funds for insurance and employment benefits, so as to provide that the governing authority of any county is authorized to provide insurance and retirement benefits to the clerk of the state court and his or her employees.
HB 321. By Representatives Smith of the 174th and Powell of the 23rd:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 11 of Title 34, the "Boiler and Pressure Vessel Safety Act," so as to provide that the provisions of such chapter shall not apply to autoclaves operated by any professional licensed in this state.

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321

HB 377. By Representatives Towery of the 30th, Coker of the 31st, Trense of the 44th, Davis of the 48th, Pelote of the 149th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses, so as to provide for a short title; to increase the minimum periods of incarceration for cruelty to children, child molestation, and aggravat ed child molestation.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 155. 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 located in Floyd County.
HR 159. By Representatives Childers of the 13th, Perry of the llth and Smith of the 12th:
A resolution consenting to the annexation of certain state owned real property located in Floyd County into the corporate limits of the City of Cave Spring.
HR 195. By Representative Burkhalter of the 41st:
A resolution designating the Old Milton Parkway.
HR 189. By Representatives Howard of the 118th, Murphy of the 18th, Connell of the 115th, Brooks of the 54th, Brown of the 117th and others:
A resolution designating a portion of State Highway 56 as the Michael J. Padget, Sr., Highway.
HR 156. By Representatives Twiggs of the 8th, Jamieson of the 22nd and Watts of the 26th: A resolution designating the Blairsville Sorghum Festival as the Official Sor ghum Festival of the State of Georgia.
HR 161. By Representatives Lord of the 121st and Bargeron of the 120th: A resolution designating the Rosa M. Tarbutton Memorial Library.
Senator Ray of the 19th, President Pro Tempore, resumed the Chair.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 301. By Senator Clay of the 37th: A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation in general, so as to make it a felo ny to make any false or misleading statement for the purpose of obtaining work ers' compensation benefits or payments; to provide for penalties.
Referred to Committee on Insurance and Labor.

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SB 302. By Senator Clay of the 37th:
A bill to amend Article 8 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control ofjunkyards, so as to define certain terms; to pro vide for limitations on the location of junkyards; to provide for screening re quirements; to provide for notice; to provide for a lien against the junkyard for expenses of screening; to provide for regulations; to authorize acquisition and removal of junkyards; to provide for abatement of nuisances.
Referred to Committee on Special Judiciary.
SB 303. By Senator Oliver of the 42nd:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, so as to provide a period of limitation applicable to actions against persons engaged in the practice of land surveying.
Referred to Committee on Judiciary.
SB 304. By Senator Brown of the 26th:
A bill to amend an Act entitled "An Act to provide a pension and retirement plan and fund for certain employees and officers of the Macon Water CommissionersPension Plan," as amended, so as to provide an increase in retirement benefits for members who retired during a certain period; to provide conditions for an effective date and automatic repeal.
Referred to Committee on Retirement.
SR 175. By Senator Clay of the 37th:
A resolution proposing an amendment to the Constitution so as to authorize the Governor to reduce any appropriation; to provide for overriding such reduction; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Appropriations.
SR 176. By Senators Glanton of the 34th, Gochenour of the 27th and Isakson of the 21st:
A resolution proposing an amendment to the Constitution so as to remove the obligation to budget and appropriate funds necessary to operate the state's de partments and agencies; to establish a limitation on the total amount of state expenditures in any fiscal year; to provide for a reserve fund, a limitation on the amount in such fund, and appropriations from such fund; to provide for the sub mission of this amendment for ratification or rejection.
Referred to Committee on Appropriations.
SR 179. By Senators Ragan of the llth, James of the 35th, Middleton of the 50th and others:
A resolution urging the Georgia delegation to the United States Congress to effect the removal of the federal School Food and Nutrition Program from House Resolution 4, known as the Personal Responsibility Act.
Referred to Committee on Education.
SR 180. By Senators Marable of the 52nd, Cagle of the 49th, Dean of the 31st and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall by general law authorize the sharing of proceeds of

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323

special purpose county sales and use taxes for capital outlay projects for county purposes by a county, municipal purposes by a municipality, or educational pur poses by local school districts, including independent school districts, or any combination thereof; to provide for submission of this amendment for ratifica tion or rejection.
Referred to Committee on Education.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 70. By Representatives Hegstrom of the 66th and Mobley of the 69th:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to require the driver of a vehicle to stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning.
Referred to Committee on Transportation.
HB 153. By Representatives Smith of the 175th, Martin of the 47th, Epps of the 131st and Shanahan of the 10th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to redefine the term "absentee elector" to provide that persons who are unable to be present at the polls on election day because such persons are providing care to a physically disabled person may qualify as absentee elec tors.
Referred to Committee on State and Local Governmental Operations-General.
HB 217. By Representative Smith of the 174th:
A bill to amend Code Section 36-1-11.1 of the Official Code of Georgia Annotat ed, relating to expenditure of funds for insurance and employment benefits, so as to provide that the governing authority of any county is authorized to provide insurance and retirement benefits to the clerk of the state court and his or her employees.
Referred to Committee on Insurance and Labor.
HB 228. By Representatives Polak of the 67th, Buck of the 135th, Smyre of the 136th and others:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to expand the general powers and duties of the Nonpublic Postsecondary Education Commis sion; to change certain definitions regarding tuition equalization grants to in clude a qualified proprietary institution of high education located in the state.
Referred to Committee on Higher Education.
HB 321. By Representatives Smith of the 174th and Powell of the 23rd:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 11 of Title 34, the "Boiler and Pressure

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Vessel Safety Act," so as to provide that the provisions of such chapter shall not apply to autoclaves operated by any professional licensed in this state.
Referred to Committee on Consumer Affairs.
HB 323. By Representative Watson of the 139th:
A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Housing and Finance Authority Act," so as to change the definition of the term "business"; to change the provisions relating to obligations not subject to the "Georgia Securities Act of 1973"; to remove the sunset provi sion for issuing certain industrial development bonds.
Referred to Committee on State and Local Governmental Operations-General.
HB 335. By Representatives Skipper of the 137th, Powell of the 23rd and Watson of the 139th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to extensively revise provisions relating to the regulation and licensure of persons dealing in used motor vehicles and used mo tor vehicle parts; to define terms; to provide for a State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers.
Referred to Committee on Consumer Affairs.
HB 351. By Representatives Holmes of the 53rd, Canty of the 52nd, Goodwin of the 79th and others:
A bill to amend Chapter 3 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Municipal Election Code," so as to change the time for fixing quali fication fees; to provide that qualifying fees shall be fixed by municipal charter or ordinance for nonsalaried officers.
Referred to Committee on State and Local Governmental Operations-General.
HB 377. By Representatives Towery of the 30th, Coker of the 31st, Trense of the 44th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses, so as to provide for a short title; to increase the minimum periods of incarceration for cruelty to children, child molestation, and aggravat ed child molestation.
Referred to Committee on Judiciary.
HB 539. By Representatives Walker of the 141st and Floyd of the 138th:
A bill to amend an Act reincorporating and providing a new charter for the City of Perry in Houston County, so as to provide for appointment, duties, and re moval of department and agency directors; to provide for appointment, compen sation, and removal of a city manager.
Referred to Committee on State and Local Governmental Operations.
HB 556. By Representative Whitaker of the 7th:
A bill to provide a homestead exemption from Gilmer County School District ad valorem taxes for educational purposes in the amount of $50,000.00 of the as sessed value of the homestead for certain residents of that school district who

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325

have annual incomes not exceeding $20,000.00 and who are 62 years of age or over.
Referred to Committee on State and Local Governmental Operations.
HR 155. 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 located in Floyd County.
Referred to Committee on Finance and Public Utilities.
HR 156. By Representatives Twiggs of the 8th, Jamieson of the 22nd and Watts of the 26th: A resolution designating the Blairsville Sorghum Festival as the Official Sor ghum Festival of the State of Georgia.
Referred to Committee on Rules.
HR 159. By Representatives Childers of the 13th, Perry of the llth and Smith of the 12th: A resolution consenting to the annexation of certain state owned real property located in Floyd County into the corporate limits of the City of Cave Spring.
Referred to Committee on Finance and Public Utilities.
HR 161. By Representatives Lord of the 121st and Bargeron of the 120th: A resolution designating the Rosa M. Tarbutton Memorial Library.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HR 189. By Representatives Howard of the 118th, Murphy of the 18th, Connell of the 115th and others: A resolution designating a portion of State Highway 56 as the Michael J. Padget, Sr., Highway.
Referred to Committee on Transportation.
HR 195. By Representative Burkhalter of the 41st: A resolution designating the Old Milton Parkway.
Referred to Committee on Transportation.
The following reports of standing committees were read by the Secretary:
Mr. President: The Committee on Agriculture has had under consideration the following bills and
resolution of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 208. Do pass. HB 220. Do pass. HR 173. Do pass.
Respectfully submitted, Senator Ragan of the llth District, Chairman

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Mr. President: The Committee on Economic Development, Tourism and Cultural Affairs has had
under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 263. Do pass.
HB 147. Do pass.
Respectfully submitted, Senator Broun of the 46th District, Chairman

Mr. President: The Committee on Education has had under consideration the following resolution of
the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 125. Do pass by substitute.
Respectfully submitted, Senator Marable of the 52nd District, Chairman

Mr. President: The Committee on Education has had under consideration the following resolution of
the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 25. Do pass as amended.
Respectfully submitted, Senator Marable of the 52nd District, Chairman

Mr. President: The Committee on Finance and Public Utilities has had under consideration the fol
lowing bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 137. Do pass by substitute. SB 161. Do pass as amended.
SR 20. Do pass by substitute.
Respectfully submitted, Senator Starr of the 44th District, Chairman

Mr. President:

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

SB 68. Do pass by substitute.

SB 239. Do pass.

SB 130. Do pass.

SR 127. Do pass as amended.

SB 188. Do pass.

Respectfully submitted, Senator Walker of the 22nd District, Chairman

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327

Mr. President:

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

SB 84. Do pass by substitute.

SB 287. Do pass.

SB 98. Do pass by substitute.

SB 288. Do pass.

SB 155. Do pass.

HB 212. Do pass.

SB 250. Do pass.

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

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation 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 273. Do pass.

HB 497. Do pass.

HB 467. Do pass.

HB 385. Do pass.

HB 482. Do pass.

HB 386. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:

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

SR 12. Do pass.

SR 40. Do pass.

SR 15. Do pass.

HR 160. Do pass.

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

The following bills were read the second time:

SB 97

SB 110

SB 156

SB 209

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

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay

Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl

Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford

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JOURNAL OF THE SENATE

Madden Marable McGuire Middleton Newbill Oliver Perdue

Pollard Ragan Ralston Scott Slotin Starr

Stokes Tanksley Taylor Thomas Thompson Turner

Those not answering were Senators:

Abernathy Ray (presiding)

Tysinger

'

Walker

The President Pro Tempore led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Gochenour of the 27th introduced the chaplain of the day, Dr. David Perry, pastor of Emmanuel Church, Macon, Georgia, who offered scripture reading and prayer.
The President resumed the Chair.

The following resolutions were read and adopted:

SR 177. By Senator Edge of the 28th:
A resolution commending and congratulating the East Coweta High School Choir.

SR 178. By Senator Land of the 16th:
A resolution expressing sympathy at the passing of Honorable Thomas B. Perkins.

SR 181. By Senator Dean of the 31st:
A resolution recognizing and commending the Cartersville High School Cross Country Team.

SR 182. By Senator Tysinger of the 41st:
A resolution recognizing the contributions of the engineering professionals in Georgia and declaring February 7, 1995, as "Engineers' Day" in Georgia.

SR 183. By Senator Hooks of the 14th:
A resolution commending the Georgia Peach Festival.
Senator Dean of the 31st introduced Charles Hardy, commended by SR 158, adopted previously.
Senator Egan of the 40th moved that the following bill be withdrawn from the Senate Special Judiciary Committee and committed to the State and Local Governmental Opera tions Committee:

SB 241. By Senator Egan of the 40th:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, as amended, so as to provide that certain county contracts for work, labor, or services to be done or supplies, materials, or equip ment to be furnished may be awarded by the board of commissioners without competition under certain conditions.

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329

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 241 was with drawn from the Senate Special Judiciary Committee and committed to the State and Local Governmental Operations Committee.
Senator Clay of the 37th introduced the doctor of the day, Dr. Ed Malcom, Roswell, Georgia.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, February 7, 1995 SEVENTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation).
SB 273 Starr, 44th MORROW CITY
To amend an Act to increase the amount of the homestead exemption from City of Morrow ad valorem taxes.
HB 467 Broun, 46th Pollard, 24th OCONEE COUNTY
Provide for the nonpartisan nomination and election of the judge of the Probate Court of Oconee County.
HB 482 Langford, 29th TROUP COUNTY
To amend an Act providing a Board of Education of Troup County to change the length of the terms of members of the Board of Education.
HB 497 Blitch, 7th CHARLTON COUNTY
To amend an Act providing that a person serving as deputy sheriff of Charlton County shall not be disqualified from election to the Board of Education.
HB 385 Taylor, 12th STEWART COUNTY
To amend an Act relating to the Board of Education of Stewart County provid ing for the election of the members of the Board of Education.
HB 386 Taylor, 12th OMAHA CITY
To amend an Act which repealed the charter of the City of Omaha and abolished the city, so as to provide for the disposition of the assets and liabilities.

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JOURNAL OF THE SENATE

The amendment to the following bill was put upon its adoption: *SB 273
Senator Starr of the 44th offered the following amendment: Amend SB 273 by adding on page 2, after line 26, a new section to read as follows:

"SECTION 3.

All laws and parts of laws in conflict with this Act are repealed."
On the adoption of the amendment, the yeas were 52, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

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

Those voting in the affirmative were Senators:

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

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd
Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Perdue Pollard Ragan Ralston Ray Slotin Stokes Tanksley
Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Scott

Oliver

Starr

On the passage of all the local bills, the yeas were 52, nays 0.
All the bills on the Senate Local Consent Calendar, except SB 273, having received the requisite constitutional majority, were passed.
SB 273, having received the requisite constitutional majority, was passed as amended.

NOTICE OF MOTION TO RECONSIDER:

SB 165 Branch Banks--establishment, management (B&FI--23rd)
SENATE CALENDAR Tuesday, February 7, 1995 SEVENTEENTH LEGISLATIVE DAY

HB 201 Supplemental appropriations; FY 1994-95 (Substitute) (Approp--14th)

TUESDAY, FEBRUARY 7, 1995

331

SB 203 Special License Plates--World War II Eighth Air Force veterans (D&VA--1st)
SB 208 Insurance--establish Special Insurance Fraud Fund (Substitute) (I&L--28th)
SB 222 Inmate Reimbursement to Counties and Municipalities Act--provide (Corr-- 47th)
SB 228 Certain Incarcerated Youth--special school district (Corr--31st)
SB 229 Juveniles Sentenced to Corrections Department--rights, powers of the depart ment (Corr--31st)
SB 232 Beauty Pageants--written notice for entrants, bond amounts (EDT&CA--26th)
SB 233 Health--genetic testing (Substitute) (H&HS--22nd)
SB 238 Automobile Insurance Payment--coverage cancellation when bad check issued (Amendment) (I&L--17th)
SB 242 Local Government Investment of Funds--certain certificates of deposit allowed (B&FI--8th)
SR 90 Inmates--urge Corrections and Department of Transportation establish pro gram for certain road maintenance (Corr--47th)
SR 122 Educators Technology Training Commission--create (Amendment) (EDT&CA-- 46th)
HB 200 Hunting wildlife in state park; approved weaponry (Nat R--20th)
HB 246 Funeral homes; identification tag; affix to casket and vault (C Aff--44th)
HB 274 Hunting wildlife; nontoxic shot; provision for use (Nat R--47th)
HB 277 Game and fish; amend provisions (Nat R--47th)
HR 49 Fulton County and MARTA; convey property (EDT&CA--1st) HR 55 "Sloppy" Floyd Veterans Memorial Building; permanent display (D&VA--15th)
SB 195 Health Plan Act for 1995--create certain standards (Amendment) (H&HS-- 10th)
HB 125 Cooperative marketing associations; amend provisions (Ag--llth) HB 136 Fiscal retirement bills; cost reduction amendments; actuarial study (Ret--5th) HB 137 Employees' Retirement; administer certain judicial systems (Ret--34th)
HB 138 Firemen's Pension Fund; change reference (Ret--38th)
HB 171 Teachers or Regents Retirement; University System employees; 60 days to choose (Ret--5th)
HB 266 Sheriffs' Retirement; cost of living increases (Ret--38th)
SB 126 Cities, Counties--contracts for regional facilities (Substitute) (SLGO-G--4th)

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JOURNAL OF THE SENATE

SB 123 Housing Authorities--provide for certain Indian tribes (Amendment) (H&HS-- llth)
SB 125 Contact Lens Sale--stricter guidelines (H&HS--28th)
SB 134 Municipal Corporation--service, enforcement of process, summons (Corr--31st)
SB 153 Used Automobile Dealer--certain information to person purchasing, leasing (C Aff--37th)
SB 11 Educational Programs--curriculum-based assessment results (Substitute) (Ed--56th)
SB 49 English Language--designate official language (Ed--17th)
SB 81 Certain Criminal Cases--limitations on granting of bail (Substitute) (Judy-- 12th)
SB 115 Commission on Family Violence--entities represented (Judy--42nd)
SB 117 Family Violence Cases--fees (Judy--19th)
SB 120 Child Custody--safety of child, parent victims of family violence (Judy--52nd)
SB 124 Hearsay--certain statements by child admissible (Substitute) (Judy--54th)
SB 184 Boards of Education--nonpartisan election without nonpartisan primary (SLGO-G--44th)
SB 192 Elections--change qualifying, general primary dates in 1996 (SLGO-G--10th)
SB 193 Elections--qualifying for county offices in nonpartisan elections (Substitute) (SLGO-G--10th)
SB 194 Elections--compensation of registrars (SLGO-G--10th)
SB 216 Local Government Fiscal Impact Act--provide (Substitute) (SLGO-G--35th)
SB 234 Evidence--husband/wife competent in certain criminal proceedings (Substitute) (Judy--54th).
SB 253 Identification Cards--unlawful use of words "State of Georgia" (SLGO-G--26th)
HB 164 Labor Department; supplemental appropriation; Unemployment Trust Fund (Approp--14th)
HB 197 Elections Code; corrections (S Judy--40th)
HB 199 Code of Georgia; corrections (S Judy--40th)
HB 278 Retirement and Pensions Code; corrections (S Judy--40th)
HB 318 Nursing homes; employment applicants; criminal record checks (Amendment) (YA&HE--3rd)

TUESDAY, FEBRUARY 7, 1995

333

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

SB 203. By Senator Johnson of the 1st:

A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide for special and distinctive license plates for veterans who served in the Eighth Air Force during World War II; to provide for standards, design, fees, removals, transfers, cancellations, renewals, applica tions, and refunds relating to such license plates.

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

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day Dean Edge Egan Farrow Gillis

Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Perdue Pollard Ragan Ralston Ray Scott Slotin Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy
Clay Glanton

Isakson Oliver

Starr Taylor

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
208. By Senators Edge of the 28th, Ray of the 19th, Isakson of the 21st and others:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for legisla tive findings; to provide for the establishment of the Special Insurance Fraud Fund; to provide for the purposes of the fund; to provide for the appointment and composition of an advisory council to the fund and the responsibilities of the advisory council.

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JOURNAL OF THE SENATE

The Senate Committee on Insurance and Labor offered the following substitute to SB 208:
A BILL
To be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for legisla tive findings; to provide for the establishment of the Special Insurance Fraud Fund; to provide for the purposes of the fund; to provide for the submission of an annual budget relative to the cost of investigating and prosecuting insurance fraud; to provide for assess ments against insurers; to provide a formula for assessments; to provide for penalties and interest relative to assessments; to authorize rules and regulations; to authorize appropria tions for certain purposes relative to insurance fraud; to provide for the sharing of informa tion relative to the investigation of insurance fraud; to provide for immunity for certain insurers and their agents and employees; to provide for the payment of certain expenses; to provide for the disposition of assessments under certain circumstances; 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.
Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provi sions regarding insurance, is amended by adding at the end thereof of a new Code Section 33-1-17 to read as follows:
"33-1-17.
(a) The General Assembly finds that the proper and expeditious investigation and prose cution of fraudulent insurance acts are beneficial to the public interest. The General Assembly further finds that proper investigation of fraudulent insurance acts, followed by vigorous prosecution of insurance fraud, will bring about lower insurance rates for the citizens of this state.
(b) There is created a Special Insurance Fraud Fund for the purpose of funding the in vestigation and prosecution of insurance fraud.
(c)(l) The Commissioner shall submit to the General Assembly on an annual basis a separate budget which sets forth the cost and expense of funding the investigation and prosecution of insurance fraud.
(2) There is imposed upon each foreign, alien, and domestic insurance company doing business in the state an annual assessment under a formula to be established by regu lation promulgated by the Commissioner. The formula shall be calculated such that the total proceeds paid or collected from such assessments for any year shall not exceed the budget submitted by the Commissioner which sets forth the applicable annual cost and expense of the investigation and prosecution of insurance fraud in Georgia. Such assessments may be measured by kind of company, kind of insurance, income, volume of transactions, or such other factors as the Commissioner determines appropriate. Assessments shall be due and payable for each calendar quarter at the times specified in subsection (b) of Code Section 33-8-6. Any insurance company which fails to report and pay any installment of such assessment shall be subject to penalties and interest as provided by subsection (d) of Code Section 33-8-6. The Commissioner is authorized to provide by regulation for such other terms and conditions for the payment or collec tion of such assessments as may be necessary to ensure the proper payment and collec tion thereof.
(3) The General Assembly may appropriate to the Insurance Department funds for the investigation of insurance fraud and for the funding of the prosecution of insurance

TUESDAY, FEBRUARY 7, 1995

335

fraud. The Commissioner is authorized to use such funds for investigation of insur ance fraud and to reimburse prosecuting attorneys for some or all of the costs of retain ing assistant prosecuting attorneys to prosecute insurance fraud cases.

(d) Insurers shall make personnel involved in investigating insurance fraud and any files relating to insurance fraud investigation available to the Commissioner, the Attor ney General, local prosecuting officials, special prosecuting attorneys, or other law en forcement agencies as needed in order to further the investigation and prosecution of insurance fraud. Information supplied by an insurer and contained in such files shall upon receipt become part of the investigative file and subject to the provisions of Code Section 50-18-72. The insurer and its employees and agents shall be entitled to immu nity as provided in Code Section 33-1-16.
(e) Any expenses incurred by insurers as a result of this Code section shall be defrayed by such insurers from their own funds and shall not be borne by the state or by the Special Insurance Fraud Fund.
(f) In the event the General Assembly chooses not to make an appropriation for the Spe cial Insurance Fraud Fund for fiscal year 1996 and only for fiscal year 1996, any moneys collected by the Commissioner pursuant to paragraph (2) of subsection (c) of this Code section shall be deposited in a fiduciary account, which shall also be an interest-bearing account. The assets of this account shall be only to defray actual expenses of the Special Insurance Fraud Fund, including, but not limited to, the expenses of investigating insur ance fraud and prosecuting insurance fraud."

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:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Oillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Not voting was Senator Abernathy.

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

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JOURNAL OF THE SENATE

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

SB 222. By Senators Madden of the 47th, Middleton of the 50th, Langford of the 29th and Kemp of the 3rd:

A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide for the reimbursement by inmates of certain costs of incarceration; to provide for a short title; to provide for definitions; to provide for reimbursement forms and procedures; to provide for investigation of reports; to provide for actions seeking reimbursement; to provide for proceed ings and judgment.

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

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

Those voting in the affirmative were Senators:

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

Glanton Gochenour Griffin Guhl Harbison Henson Hill Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marabls McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy

Hooks

Walker

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 228. By Senators Dean of the 31st, Ray of the 19th and Hill of the 4th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to authorize the cre ation of a special school district for school age youth; to provide that the commis sioner of corrections shall serve as superintendent of schools for such special school district; to provide that the Board of Corrections shall serve as the board of education and shall establish education standards.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 7, 1995

337

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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Dean Edge Farrow Gillis Gochenour Griffin

Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Tysinger Walker

Those voting in the negative were Senators:

Cagle Day

Egan

Glanton

Those not voting were Senators:

Abernathy

Newbill

Turner

On the passage of the bill, the yeas were 49, nays 4. The bill, having received the requisite constitutional majority, was passed.

SB 229. By Senators Dean of the 31st, Ray of the 19th and Hill of the 4th:

A bill to amend Article 1 of Chapter 11 of Title 15, relating to juvenile proceed ings, so as to clarify the responsibility of the Department of Corrections with respect to certain juveniles sentenced to the custody of the department; to pro vide that the Department of Corrections shall have certain rights, powers, and responsibilities with respect to certain juveniles sentenced to the custody of such department.

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

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

Those voting in the affirmative were Senators:

Balfour
Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean

Edge
Egan Farrow Gillis Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 2nd

Johnson of 1st
Kemp Land Langford Madden Marable Middleton Oliver Perdue Pollard Ragan Ralston

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JOURNAL OF THE SENATE

Ray Scott Slotin Starr

Stokes Tanksley Taylor Thomas

Thompson Turner Ty singer Walker

Those voting in the negative were Senators:

Black Day

Glanton Gochenour

Those not voting were Senators:

Abernathy

Henson

McGuire Newbill

On the passage of the bill, the yeas were 48, nays 5. The bill, having received the requisite constitutional majority, was passed.

SB 232. By Senators Brown of the 26th and Ray of the 19th:

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 definitions; to change requirements relating to a written notice for entrants; to clarify exemptions; to change the bond amount; to provide for forfeiture of funds to the state.

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

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Gillis Glanton Gochenour

Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ralston Ray Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Black

Farrow

Henson

Those not voting were Senators:

Abernathy Egan

Ragan

Taylor

On the passage of the bill, the yeas were 49, nays 3. The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 7, 1995

339

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 326. By Representative Skipper of the 137th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions applicable to professions and businesses, so as to change the provisions relating to grounds for refusing to grant or revoking licenses; to authorize examining boards to issue letters of concern.
HB 221. By Representatives Purcell of the 147th, Reaves of the 178th, Hudson of the 156th, Hugley of the 133rd, Taylor of the 134th and others:
A bill to amend Code Section 44-13-100 of the Official Code of Georgia Annotat ed, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, so as to provide an exemption for payments from individual retirement accounts and funds in individual retirement accounts.
The Calendar was resumed.
SB 233. By Senators Walker of the 22nd, Ray of the 19th, McGuire of the 30th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a statement of intent; to define certain terms; to provide that genetic testing shall be conducted for certain purposes only; to pro vide that information derived from genetic testing is confidential and privileged; to prohibit genetic testing without the consent of the individual; to prohibit re lease of the results of genetic testing without specific consent of the person test ed.
The Senate Health and Human Services Committee offered the following substitute to SB 233:
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 statement of intent; to define certain terms; to provide that genetic testing shall be conducted for certain purposes only; to provide that information derived from genetic testing is confidential and privileged; to prohibit genetic testing with out the consent of the individual; to prohibit release of the results of genetic testing without specific consent of the person tested; to provide that information derived from genetic test ing may not be sought by entities engaging in health or disability insurance underwriting and shall not be used to deny access to health or disability insurance; to provide for the disclosure of information derived from genetic testing to law enforcement agencies for cer tain purposes; to provide for the disclosure of information derived from genetic testing for scientific research purposes; to provide for restrictions on such disclosures; to provide for applicability; to provide for violations; to provide for penalties and remedies; to provide for related matters; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end thereof a new Chapter 42 to read as follows:
"CHAPTER 42
31-42-1.
The General Assembly finds and determines that recent advances in genetic science have led to improvements in the diagnosis, treatment, and understanding of a significant number of human diseases. The General Assembly further finds and declares that:
(1) Genetic information is the unique property of the individual to whom the informa tion pertains;
(2) The use and availability of information concerning an individual obtained through the use of genetic testing techniques may be subject to abuses if disclosed to unauthor ized third parties without the willing consent of the individual to whom the informa tion pertains;
(3) To protect individual privacy and to preserve individual autonomy with regard to an individual's genetic information, it is appropriate to limit the use and availability of genetic information; and
(4) The intent of this chapter is to prevent health and disability insurance companies, health maintenance organizations, managed care organizations, and other payers from using information derived from genetic testing to deny access to health or disability insurance. 31-42-2.
As used in this chapter, the term:
(1) 'Entity" means any health and disability insurance company, health maintenance organization, managed care organization, or other payor.
(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; chemi cal, blood, and urine analysis; tests for abuse of drugs; and tests for the presence of the human immunodeficiency virus. 31-42-3.
(a) Except as otherwise provided in this chapter, genetic testing may only be conducted to obtain information for therapeutic or diagnostic purposes. Genetic testing may not be conducted without the prior written consent of the person to be tested.
(b) Information drived from genetic testing shall be confidential and privileged and may be released only to the individual to whom the information pertains and to persons spe cifically authorized by such individual to receive the information. Any entity that pos sesses information derived from genetic testing may not release the information to any third party without the explicit written consent of the individual to whom the informa tion pertains. Information derived from genetic testing may not be sought by any entity as defined in Code Section 31-42-2. 31-42-4.
Any entity that receives information derived from genetic testing may not use the infor mation for any nontherapeutic purpose. 31-42-5.
Notwithstanding the provisions of Code Sections 31-42-3 and 31-42-4, information de rived from genetic testing regarding the identity of any individual who is the subject of a

TUESDAY, FEBRUARY 7, 1995

341

criminal investigation or a criminal prosecution may be disclosed to appropriate legal authorities conducting the investigation or prosecution. The information may be used during the course of the investigation or prosecution with respect to the individual to whom the information pertains without the consent of such individual.
31-42-6.
Notwithstanding the provisions of Code Sections 31-42-3 and 31-42-4, any research facil ity may conduct genetic testing and may use the information derived from genetic testing for scientific research purposes so long as the identity of any individual to whom the information pertains is not disclosed to any third party, except that the individual's iden tity may be disclosed to the individual's physician.
31-42-7.
This chapter shall not apply to a life insurance policy, income replacement policy, longterm care insurance policy, credit insurance policy, specified disease policy, hospital in demnity policy, limited accident policy, or other types of similarly limited accident and sickness policies.
31-42-8.

(a) Any violation of this chapter by an entity shall be unfair trade practice subject to the provisions of Article 1 of Chapter 6 of Title 33, and a violation of this chapter by any other person shall be an unfair practice and shall be subject to the provisions of Part 2 of Article 15 of Chapter 1 of Title 10, the Tair Business Practices Act of 1975.' In addition, any individual who is harmed as a result of a violation of this chapter shall have a cause of action against the person whose violation caused the harm.
(b) Any entity that is found in violation of the provisions of this chapter by a court of competent jurisdiction is liable to the individual injured by the violation in an amount equal to any actual damages suffered by the individual. In the alternative, the court may issue an order directing the entity to provide health or disability insurance to the injured individual under the same terms and conditions as would have applied had the violation not occurred.
(c) The court shall award costs and reasonable attorney's fees to any individual who is successful in enforcing the provision of this chapter."

SECTION 2.

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

Senator McGuire of the 30th offered the following amendment.

Amend the committee substitute to SB 233 by adding on page 3, line 20, after "physician":
"with the consent of the individual"
On the adoption of the amendment, the yeas were 41, nays 0, and the McGuire amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen

Broun of 46th Brown of 26th Cagle Clay Crotts

Day Dean Edge Farrow Gillis

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JOURNAL OF THE SENATE

Glanton Gochenour Griffin Harbison Henson
Hill Hooks Isakson James Johnson of 2nd Kemp

Land Langford Madden Marable McGuire
Middleton Newbill Oliver Perdue Ragan

Ray Scott Slotin Stokes Tanksley
Taylor Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Burton
Cheeks Egan

Guhl Pollard

Those not voting were Senators:

Abernathy

Johnson of 1st

Ralston Tysinger
Starr

On the passage of the bill, the yeas were 46, nays 7.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 201. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19941995 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1994-1995.

Senate Sponsor: Senator Hooks of the 14th.

The Senate Committee on Appropriations offered the following substitute to H.B. 201:

A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1994-1995 known as the "General Appropriations Act", approved April 18, 1994 (Ga. L. 1994, p. 1506), so as to change certain appropriations for the State Fiscal Year 19941995; to make language and other changes; to reallocate certain funds; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1994-1995, as amended, known as the "General Appropriations Act" approved April 18,1994 (Ga. L. 1994, p. 1506), is further amended by striking everything following the enacting clause through Section 87, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1994, and ending June 30, 1995, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, in cluding surplus, reserves and a revenue estimate of $9,492,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1995.

TUESDAY, FEBRUARY 7, 1995

343

PARTI.
LEGISLATIVE BRANCH
Section 1. General Assembly. Budget Unit: General Assembly .................................. $24,203,650 Personal Services--Staff ...................................... .$12,400,319 Personal Services--Elected Officials .............................. $3,809,504 Regular Operating Expenses .................................... $2,779,448 Travel--Staff.................................................... $98,500 Travel--Elected Officials ........................................... $7,000 Capital Outlay .................................................... $--0-- Equipment ..................................................... $253,500 Computer Charges .............................................. $488,000 Real Estate Rentals ............................................... $5,000 Telecommunications ............................................. $656,000 Per Diem, Fees and Contracts--Staff.............................. $113,970 Per Diem, Fees and Contracts--Elected Officials................... $2,389,609 Photography..................................................... $70,000 Expense Reimbursement Account ................................ $1,132,800 Total Funds Budgeted ........................................ .$24,203,650 State Funds Budgeted ........................................ .$24,203,650

Senate Functional Budgets Total Funds

Senate and Research Office

$ 3,559,136

Lt. Governor's Office

$

707,675

Secretary of the Senate's Office

$ 1,172,625

Total

$ 5,439,426

State Funds

$ 3,559,136

$

707,675

$ 1,172,625

$ 5,439,436

House Functional Budgets Total Funds

House of Representatives and Research Office

$ 9,264,912

Speaker of the House's Office

$

517,887

Clerk of the House's Office

$ 1,371,270

Total

$ 11,154,069

State Funds

$ 9,264,912

$

517,887

$ 1,371,270

$ 11,154,069

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

Joint Functional Budgets Total Funds
$ 2,466,165 $ 2,140,263 $ 1,029,240 $ 1,974,477 $ 7,610,145

State Funds $ 2,466,165 $ 2,140,263 $ 1,029,240 $ 1,974,477 $ 7,610,145

For compensation, expenses, mileage, allowances, travel and benefits for members, of ficials, 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 Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, upon approval of the Legislative Services Committee, for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services

344

JOURNAL OF THE SENATE

Committee; for the maintenance, repair, construction, reconstruction, furnishing and refur bishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legisla tive office space, committee rooms, or staff support service areas in any State-owned build ing 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 Leg islative 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 notwith standing, 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 expen diture 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 deter mining which are legitimate legislative expenses and which should be paid from other appropriations.
Section 2. Department of Audits. Budget Unit: Department of Audits .............................. .$17,463,512 Personal Services ............................................. $14,245,693 Regular Operating Expenses ..................................... $428,820 Travel ......................................................... $560,650 Motor Vehicle Purchases ......................................... $105,102 Equipment ..................................................... $143,980 Real Estate Rentals ............................................. $852,070 Per Diem, Fees and Contracts ..................................... $34,000 Computer Charges .............................................. $958,197 Telecommunications ............................................. $135,000 Total Funds Budgeted ........................................ .$17,463,512 State Funds Budgeted ........................................ .$17,463,512
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court...................................... $5,433,395 Personal Services .............................................. $4,594,033 Operating Expenses ............................................ $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 .................................... $6,269,416 Personal Services ..............................................$5,615,839 Operating Expenses ............................................. $703,577 Total Funds Budgeted .......................................... $6,319,416

TUESDAY, FEBRUARY 7, 1995

345

State Funds Budgeted .......................................... $6,269,416
Section 5. Superior Courts. Budget Unit: Superior Courts .................................... $51,050,860 Operation of the Courts ........................................ $49,839,417 Prosecuting Attorneys' Council................................... $1,969,089 Sentence Review Panel .......................................... $168,158 Council of Superior Court Judges ................................. $135,417 Judicial Administrative Districts ................................. $1,242,858 Total Funds Budgeted ......................................... $53,354,939 State Funds Budgeted ........................................ .$51,050,860
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ..................................... $1,023,530
Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education .............. $652,490 Institute's Operation ............................................ $513,260 Georgia Magistrate Courts Training Council ....................... $139,230 Total Funds Budgeted ........................................... $652,490 State Funds Budgeted ........................................... $652,490
Section 8. Judicial Council. Budget Unit: Judicial Council ..................................... $1,802,442 Council Operations ............................................. $1,262,686 Case Counting ................................................... $76,500 Board of Court Reporting ......................................... $70,756 Payment to Council of Magistrate Court Judges ..................... $26,700 Payment to Council of Probate Court Judges ........................ $20,000 Payment to Council of State Court Judges .......................... $12,000 Payment to Council of Superior Court Clerks ........................ $33,800 Payment to Resource Center ..................................... $300,000 Total Funds Budgeted .......................................... $1,802,442 State Funds Budgeted .......................................... $1,802,442
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ..................... $148,808
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 ............... $1,244,331 Operating Expenses ............................................. $588,985 Computerized Information Network ............................... $655,346 Total Funds Budgeted .......................................... $1,244,331 State Funds Budgeted .......................................... $1,244,331
PART III.
EXECUTIVE BRANCH
Section 12. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ............ .$36,140,264
Personal Services ............................................. $43,759,305 Regular Operating Expenses ................................... $21,235,065 Travel ......................................................... $280,459 Motor Vehicle Purchases ......................................... $174,200

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JOURNAL OF THE SENATE

Equipment .................................................... $1,968,391 Computer Charges ............................................ $17,138,273 Real Estate Rentals ............................................ $2,929,021 Telecommunications ............................................ $1,415,182 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 ................................................... $300,000 Telephone Billings ........................................... .$52,950,576 Radio Billings .................................................. $760,712 Materials for Resale .......................................... .$21,000,000 Public Safety Officers Indemnity Fund............................. $250,000 Health Planning Review Board Operations .......................... $35,000 Total Funds Budgeted ....................................... .$183,104,749 State Funds Budgeted ........................................ .$36,140,264

Departmental Functional Budgets Total Funds

State Funds

Executive Administration

1,437,648

619,823

Departmental Administration

2,871,076

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

534,080

__Q__

Central Supply Services Data Processing Services Motor Vehicle Services

17,435,092 54,242,035
4,113,230

__Q__
13,766,925 --0--

Communication Services Printing Services Surplus Property Mail and Courier Services Risk Management

73,737,518 $ 7,007,090
2,164,629 1,265,067 2,629,572

5,850,000 --0-- --0-- --0--
239,563

State Properties Commission Distance Learning and Telemedicine

470,332 --0--

470,332 --0--

Office of the Treasury

822,470

822,470

Total

$ 183,104,749 i 36,140,264

B. Budget Unit: Georgia Building Authority ............................ $--0-- Personal Services ............................................ .$19,181,264 Regular Operating Expenses .................................... $5,476,388 Travel .......................................................... $34,984 Motor Vehicle Purchases ......................................... $532,365 Equipment ..................................................... $387,088 Computer Charges .............................................. $181,873 Real Estate Rentals .............................................. $19,872 Telecommunications ............................................. $215,974 Per Diem, Fees and Contracts .................................... $365,312

TUESDAY, FEBRUARY 7, 1995

347

Capital Outlay ................................................... $78,819 Utilities....................................................... $8,555,906 Contractual Expense ............................................ $297,608 Facilities Renovations and Repairs .................................. $--0-- Total Funds Budgeted ........................................ .$35,327,453 State Funds Budgeted ............................................. $--0--

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

Departmental Functional Budgets Total Funds

$ 1,397,971

$ 5,756,661

$ 4,318,271

$ 5,842,143

$

383,665

$ 4,212,947

$ 11,899,822

$ 1,515,973

$

--0--

$ 35,327,453

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 ......... $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......................... $36,201,993
Personal Services .............................................$31,274,092 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, Statesboro, Carroll, Macon, Mitchell, and Monroe ......................................... $2,130,411 Veterinary Fees................................................. $412,000 Indemnities .................................................... $127,000

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JOURNAL OF THE SENATE

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 ........................................ .$47,499,920 State Funds Budgeted ........................................ .$36,201,993

Departmental Functional Budgets Total Funds

State Funds

Plant Industry

$ 7,609,766 $ 6,828,766

Animal Industry

$ 14,835,472 $ 11,955,967

Marketing

$ 7,150,118 $ 3,475,053

Internal Administration

$ 6,292,955 $ 6,046,355

Fuel and Measures

$ 3,055,849 $ 2,930,849

Consumer Protection Field Forces

$ 7,833,350 $ 4,965,003

Seed Technology

$

722,410 $

--0--

Total

$ 47,499,920 $ 36,201,993

B. Budget Unit: Georgia Agrirama Development Authority ............... $--0-- Personal Services ............................................... $839,425 Regular Operating Expenses ..................................... $180,834 Travel ........................................................... $7,514 Motor Vehicle Purchases .......................................... $12,500 Equipment ....................................................... $8,155 Computer Charges ................................................ $5,000 Real Estate Rentals ............................................... $--0-- Telecommunications ............................................... $7,420 Per Diem, Fees and Contracts ...................................... $9,008 Capital Outlay................................................... $75,000 Goods for Resale ................................................ $107,400 Total Funds Budgeted .......................................... $1,252,256 State Funds Budgeted ............................................. $--0--

Section 15. Department of Banking and Finance. Budget Unit: Department of Banking and Finance .................. $8,614,966 Personal Services .............................................. $6,982,155 Regular Operating Expenses ..................................... $384,985 Travel ......................................................... $392,080 Motor Vehicle Purchases ......................................... $104,080 Equipment ...................................................... $26,730 Computer Charges .............................................. $341,668 Real Estate Rentals ............................................. $302,436 Telecommunications .............................................. $70,832 Per Diem, Fees and Contracts ..................................... $10,000 Total Funds Budgeted .......................................... $8,614,966 State Funds Budgeted .......................................... $8,614,966

Section 16. Department of Children and Youth Services. Budget Unit: Department of Children and Youth Services ......... .$106,785,151 Personal Services ............................................ .$67,818,535

TUESDAY, FEBRUAEY 7, 1995

349

Regular Operating Expenses .................................... $5,155,525 Travel ......................................................... $842,638 Motor Vehicle Purchases ......................................... $234,700 Equipment ..................................................... $375,195 Computer Charges .............................................. $294,300 Real Estate Rentals ............................................ $1,535,689 Telecommunications ............................................. $773,264 Per Diem, Fees and Contracts ................................... $3,630,387 Utilities....................................................... $2,144,400 Institutional Repairs and Maintenance ............................ $547,600 Grants to County-Owned Detention Centers ....................... $3,391,400 Service Benefits for Children ................................... $16,538,041 Purchase of Service Contracts ................................... $7,320,344 Capital Outlay................................................... $28,000 Total Funds Budgeted ....................................... .$110,630,018 State Funds Budgeted ....................................... .$106,785,151

Departmental Functional Budgets Total Funds

:nt Centers

$ 23,885,481

Milledgeville State YDC

$ 11,416,767

Augusta State YDC

$ 8,743,519

Atlanta State YDC

$ 5,002,303

Macon State YDC

$ 5,033,614

Court Services

$ 14,811,181

Community Treatment Ceniters

$ 2,323,798

Day Centers

$

414,977

Group Homes

$

932,651

Purchased Services

$ 25,527,193

Runaway Investigatior erstate Compact

$

980,826

Assessment and Classification

$

604,159

Youth Services Administration

$ 7,179,903

Multi-Service Centers

$ 3,773,646

Total

$ 110,630,018

State Funds

$ 23,085,981

$ 10,977,173

$ 8,222,255

$ 4,779,805

$ 4,787,833

$ 14,664,377

$ 2,323,798

$

414,977

$

932,651

$ 24,727,193

$

980,826

$

604,159

$ 7,179,903

$ 3,104,220

$ 106,785,151

Section 17. Department of Community Affairs. Budget Unit: Department of Community Affairs.................... $37,115,402 Personal Services .............................................. $7,571,713 Regular Operating Expenses ..................................... $514,983 Travel ......................................................... $227,307 Motor Vehicle Purchases .......................................... $12,000 Equipment ...................................................... $14,476 Computer Charges .............................................. $189,980 Real Estate Rentals ............................................. $549,166 Telecommunications .............................................. $51,309 Per Diem, Fees and Contracts ................................... $2,898,783 ARC Revolving Loan Fund ....................................... $105,923 Contracts with Regional Development Commissions ................ $2,272,825 Local Assistance Grants ........................................ $4,130,890 Appalachian Regional Commission Assessment ...................... $94,731 Community Development Block Grants (Federal) ................ .$50,536,586 National and Community Service Program ......................... $580,883

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JOURNAL OF THE SENATE

Payments to Music Hall of Fame Authority ........................ $287,480 Payments to Sports Hall of Fame ................................. $100,000 Local Development Fund......................................... $750,000 Payment to State Housing Trust Fund............................ $4,625,000 Payment to Georgia Housing Finance Authority .................. $10,839,967 Payment to Georgia Environmental Facilities Authority .......... .$35,496,473 Regional Economic Business Assistance Grants .................... $1,000,000 Local Government Efficiency Grant Program ....................... $750,000 State Commission on National and Community Service .............. $180,000 Business Flood Disaster Recovery Program........................ $4,000,000 Total Funds Budgeted ....................................... .$127,780,475 State Funds Budgeted ........................................ .$37,115,402

Departmental Functional Budgets Total Funds

Executive and Administrative Division

$ 70,666,259

Planning, Information and Management Division

$ 4,060,162

Business and Financial Assistance Division

$ 53,054,054

Total

$ 127,780,475

State Funds $ 32,272,787
$ 3,538,930 $ 1,303,684 $ 37,115,402

Section 18. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation ......... $643,362,073
Personal Services ........................................... .$449,778,437 Regular Operating Expenses ................................... $62,560,607 Travel ........................................................ $2,110,975 Motor Vehicle Purchases ........................................ $3,114,564 Equipment .................................................... $4,169,710 Computer Charges ............................................. $5,012,000 Real Estate Rentals ............................................ $5,681,082 Telecommunications ............................................ $5,822,295 Per Diem, Fees and Contracts ................................... $6,377,814 Capital Outlay .................................................... $--0-- Utilities ..................................................... .$20,547,180 Court Costs ................................................... $1,500,000 County Subsidy .............................................. .$13,928,400 County Subsidy for Jails ........................................ $5,425,378 County Workcamp Construction Grants.............................. $--0-- Central Repair Fund ............................................ $886,000 Payments to Central State Hospital for Meals ..................... $3,985,806 Payments to Central State Hospital for Utilities ................... $1,340,100 Payments to Public Safety for Meals .............................. $459,900 Inmate Release Fund ........................................... $1,400,000 Health Services Purchases .................................... .$54,967,153 Payments to MAG for Health Care Certification ..................... $60,400 University of Georgia--College of Veterinary Medicine
Contracts .................................................... $352,357 Minor Construction Fund .......................................... $--0-- Total Funds Budgeted ....................................... .$649,480,158 Indirect DOAS Funding.......................................... $450,000 Georgia Correctional Industries ..................................... $--0-- State Funds Budgeted ....................................... .$643,362,073

TUESDAY, FEBRUARY 7, 1995

351

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 69,782,574 $ 68,031,464

Institutions and Support

$ 472,829,030 $ 471,729,471

Probation

$ 106,868,554 $ 103,601,138

Total

$ 649,480,158 $ 643,362,073

B. Budget Unit: Board of Pardons and Paroles ...................... $38,857,656 Personal Services .............................................$31,717,996 Regular Operating Expenses .................................... $1,140,630 Travel ......................................................... $678,400 Motor Vehicle Purchases ......................................... $264,500 Equipment ..................................................... $167,500 Computer Charges .............................................. $428,130 Real Estate Rentals ............................................ $2,715,000 Telecommunications ............................................. $838,000 Per Diem, Fees and Contracts .................................... $252,500 County Jail Subsidy ............................................. $650,000 Health Services Purchases ......................................... $5,000 Total Funds Budgeted ........................................ .$38,857,656 State Funds Budgeted ......................................... $38,857,656

Section 19. Department of Defense. Budget Unit: Department of Defense............................... $5,068,471 Personal Services .............................................. $7,478,958 Regular Operating Expenses .................................... $5,009,530 Travel .......................................................... $24,100 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $24,500 Computer Charges ............................................... $12,900 Real Estate Rentals .............................................. $10,000 Telecommunications ............................................. $323,245 Per Diem, Fees and Contracts .................................... $563,400 Capital Outlay .................................................... $--0-- Total Funds Budgeted ........................................ .$13,446,633 State Funds Budgeted .......................................... $5,068,471

Departmental Functional Budgets Total Funds

Office of the Adjutant General

$ 2,342,098

Georgia Air National Guard

$ 4,604,969

Georgia Army National Guard

$ 6,499,566

Total

$ 13,446,633

State Funds

$ 2,217,821

$

533,129

$ 2,317,521

$ 5,068,471

Section 20. State Board of Education Department of Education A. Budget Unit: Department of Education ....................... $3,508,862,104
Operations: Personal Services ............................................. $39,154,117 Regular Operating Expenses .................................... $4,745,586 Travel ........................................................ $1,201,316 Motor Vehicle Purchases ......................................... $138,000 Equipment ..................................................... $370,756 Computer Charges ............................................ $12,394,935 Real Estate Rentals ............................................ $1,495,141 Telecommunications ............................................ $1,286,462

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JOURNAL OF THE SENATE

Per Diem, Fees and Contracts .................................. $26,397,802
Utilities........................................................ $895,752
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
Remedial Education ........................................... $65,783,964 Staff Development and Professional Development ................. $29,835,699 Media .......................................................$89,791,383
Indirect Cost ................................................$615,158,563 Pupil Transportation ........................................ .$130,609,130
Local Fair Share ........................................... $(635,201,965) Mid-Term Adjustment Reserve................................. .$71,734,084 Teacher Salary Schedule Adjustment.......................... .$116,238,958 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....................................... .$64,049,932 Special Education Low--Incidence Grants ......................... $416,000 Non-QBE Grants: Education of 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) ......................................... .$24,658,747 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 .......................................... $25,655,564 Special Education in State Institutions ........................... $4,265,569
Governor's Scholarships......................................... $2,972,200 Counselors .................................................... $6,448,277 Vocational Research and Curriculum .............................. $293,213 Even Start .................................................... $1,422,160
Salaries and Travel of Public Librarians ......................... $10,760,927 Public Library Materials ........................................ $5,151,409 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 ................................................. .$17,093,803 Education of Homeless Children/Youth ............................ $540,250 Innovative Programs ........................................... $2,349,999 Next Generation School Grants ................................... $500,000 Limited English-Speaking Students Program ...................... $8,601,007

TUESDAY, FEBRUARY 7, 1995

353

Drug Free School (Federal)..................................... $12,505,800 At Risk Summer School Program ................................ $4,691,270 Emergency Immigrant Education Program ......................... $312,864 Title II Math/Science Grant (Federal)............................. $4,806,083 Robert C. Byrd Scholarship (Federal).............................. $513,000 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 ............................................. $169,893 Advanced Placement Exams ..................................... $1,771,560 Serve America Program.......................................... $356,000 Family Connection Grants ...................................... $2,575,000 Youth Apprenticeship Grants .................................... $2,000,000 Remedial Summer School ....................................... $1,876,182 Alternative Programs........................................... $7,250,000 Superintendent's Base Salary.................................... $1,130,820 Environmental Science Grants.................................... $100,000 Pay for Performance ............................................ $1,048,000 Total Funds Budgeted ...................................... $4,053,966,178 Indirect DOAS Services Funding.................................. $340,000 State Funds Budgeted ....................'.................. $3,508,862,104

Departmental Functional Budgets Total Funds

State Funds

State Administration

$ 14,096,468 $ 13,568,000

Instructional Services

$ 25,840,170 $ 20,965,921

Governor's Honors Program

$ 1,196,467 $ 1,105,305

Administrative Services

$ 23,194,362 $ 18,558,569

Special Services

$ 6,444,528 $ 2,995,189

Professional Practices Commission

$

837,039 $

837,039

Local Programs

$ 3,966,211,311 $ 3,435,610,237

Georgia Academy for the Blind

$ 4,772,121 $ 4,537,530

Georgia School for the Deaf

$ 6,533,109 $ 6,319,884

Atlanta Area School for the Deaf

$ 4,840,603 $ 4,364,430

Total

$ 4,053,966,178 $ 3,508,862,104

B. Budget Unit: Lottery for Education ........................... .$235,870,773 Pre-Kindergarten for 4-year-olds ................................ $78,625,000 Applied Technology Labs ....................................... $13,600,000 Next Generation Schools ......................................... $500,000 Drug and Anti-Violence Education ............................... $1,000,000 Alternative Programs ........................................... $8,500,000 Educational Technology Centers .................................. $900,000 Distant Learning--Satellite Dishes............................... $4,221,839 Model Technology Schools ..................................... .$10,500,000 Instructional Technology ....................................... $33,028,000 Capital Outlay--Lottery ....................................... $61,405,934 Technology Installation ........................................ $18,990,000 Postsecondary Options ........................................... $600,000 Safe Schools Grant............................................. $4,000,000 Total Funds Budgeted ....................................... .$235,870,773 Lottery Funds Budgeted ..................................... .$235,870,773

354

JOURNAL OF THE SENATE

Section 21. Employees' Retirement System. Budget Unit: Employees' Retirement System........................ $2,880,000 Personal Services .............................................. $1,582,338 Regular Operating Expenses ..................................... $337,000 Travel .......................................................... $20,500 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $13,113 Computer Charges .............................................. $532,528 Real Estate Rentals ............................................. $302,000 Telecommunications .............................................. $24,886 Per Diem, Fees and Contracts ................................... $1,091,500 Benefits to Retirees ............................................ $2,880,000 Total Funds Budgeted .......................................... $6,783,865 State Funds Budgeted .......................................... $2,880,000

Section 22. Forestry Commission. Budget Unit: Forestry Commission .............................. .$34,884,307
Personal Services ............................................ .$29,005,181 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 Contracts .................................... $475,898 Ware County Grant ............................................... $--0-- Ware County Grant for Southern Forest World ...................... $30,000 Ware County Grant for Road Maintenance .......................... $60,000 Capital Outlay.................................................. $258,219 Total Funds Budgeted ........................................ .$39,704,079 State Funds Budgeted ......................................... $34,884,307

Departmental Functional Budgets Total Funds

Reforestation

$ 1,939,405

Field Serivces

$ 33,714,258

General Administration and Support

$ 4,050,416

Total

$ 39,704,079

State Funds

$

112,110

$ 30,889,936

$ 3,882,261

$ 34,884,307

Section 23. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation...................... $42,525,824 Personal Services .............................................$31,473,300 Regular Operating Expenses .................................... $2,883,971 Travel ......................................................... $701,306 Motor Vehicle Purchases ........................................ $1,051,110 Equipment ..................................................... $909,723 Computer Charges ............................................. $1,542,393 Real Estate Rentals ............................................ $1,901,552 Telecommunications ............................................. $774,816 Per Diem, Fees and Contracts .................................... $748,250 Evidence Purchased ............................................. $539,403 Capital Outlay .................................................... $--0-- Total Funds Budgeted ........................................ .$42,525,824 State Funds Budgeted ........................................ .$42,525,824

TUESDAY, FEBRUARY 7, 1995

355

Departmental Functional Budgets Total Funds

Administration

$ 3,372,654

Drug Enforcement

$ 9,952,847

Investigative

$ 13,636,759

Georgia Crime Information Center

$ 6,899,244

Forensic Sciences

$ 8,664,320

Total

$ 42,525,824

State Funds $ 3,372,654 $ 9,952,847 $ 13,636,759 $ 6,899,244 $ 8,664,320 $ 42,525,824

Section 24. Office of the Governor. A. Budget Unit: Office of the Governor............................. $74,100,127
Personal Services ............................................. $14,294,550 Regular Operating Expenses ..................................... $766,978 Travel ......................................................... $282,444 Motor Vehicle Purchases ........................................... $--0-- Equipment ..................................................... $277,596 Computer Charges .............................................. $628,207 Real Estate Rentals ............................................ $1,000,239 Telecommunications ............................................. $331,161 Per Diem, Fees and Contracts ................................... $4,036,843 Cost of Operations ............................................. $3,309,094 Mansion Allowance............................................... $40,000 Governor's Emergency Fund..................................... $4,438,000 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 Flood--Federal Match ......................................... $37,895,000 Flood--Contingency ............................................ $7,000,000 Total Funds Budgeted ........................................ .$81,183,365 State Funds Budgeted ......................................... $74,100,127

Departmental Functional Budgets Total Funds

Governor's Office

$ 52,847,094

Office of Fair Employment Practices

$

933,483

Office of Planning and Budget

$ 6,640,286

Council for the Arts

$ 4,244,865

Office of Consumer Affairs

$ 2,533,565

Vocational Education Advisory Council

$

352,830

Office of Consumers' Utility Council

$

558,546

Criminal Justice Coordinating Council

$ 1,548,110

Children and Youth Coordinating Council

$ 1,802,768

State Funds

$ 52,847,094

$

795,474

$ 6,640,286

$ 3,462,865

$ 2,533,565

$

85,404

$

558,546

$

399,959

$

513,268

356

JOURNAL OF THE SENATE

Human Relations Commission

306,827

306,827

Professional Standards Commission

3,741,288

3,741,288

Georgia Emergency Management Agency

5,444,555

1,986,403

Office of State Olympic Coordination

229,148

229,148

Total

81,183,365

74,100,127

B. Budget Unit: Lottery for Education .............................. $2,000,000 Technology Grants ............................................. $2,000,000 Total Funds Budgeted .......................................... $2,000,000 Lottery Funds Budgeted ........................................ $2,000,000

Section 25. Department of Human Resources. A. Budget Unit: Departmental Operations........................ .$657,449,441
1. General Administration and Support Budget: Personal Services ............................................ .$58,146,093 Regular Operating Expenses .................................... $2,026,774 Travel ........................................................ $1,327,696 Motor Vehicle Purchases ........................................ $1,554,768 Equipment ..................................................... $148,992 Real Estate Rentals ............................................ $4,961,394 Per Diem, Fees and Contracts ................................... $1,052,879 Computer Charges ............................................. $1,355,714 Telecommunications ............................................. $653,026 Special Purpose Contracts........................................ $244,000 Service Benefits for Children .................................. .$36,680,558 Purchase of Service Contracts ................................. .$35,021,311 Institutional Repairs and Maintenance ............................. $67,500 Postage ........................................................ $961,336 Payments to DMA-Community Care ............................. $13,913,085 Total Funds Budgeted ....................................... .$158,115,126 Indirect DOAS Services Funding.................................. $412,600 State Funds Budgeted ........................................ .$96,501,824

Departmental Functional Budgets Total Funds

Commissioner's Office

973,240

Budget Administration

2,094,214

Office of Children and Youth

36,680,558

Administrative Support Services

27,921,053

Facilities Management

5,606,386

Administrative Appeals

2,012,276

Regulatory Services--Program Direction and Support

733,080

Child Care Licensing

2,859,304

Health Care Facilities Regulation

9,232,991

Fraud and Abuse

6,080,909

Financial Services

5,638,547

Auditing Services

1,805,459

Personnel Administration Indirect Cost

1,719,924 0

Public Affairs

516,081

State Funds 973,240
2,094,214 25,131,709 26,343,846 4,485,460 2,012,276
723,080 2,859,304 2,558,166 2,275,651 5,438,547 1,805,459 1,719,924 (8,030,399)
516,081

TUESDAY, FEBRUARY 7, 1995

357

Aging Services

$ 52,552,209 $ 23,986,371

State Health Planning Agency

$ 1,688,895 $ 1,608,895

Total

$ 158,115,126 $ 96,501,824

2. Public Health Budget: Personal Services ............................................. $54,005,810 Regular Operating Expenses ................................... $74,953,069 Travel ......................................................... $957,489 Motor Vehicle Purchases ........................................... $--0-- Equipment ..................................................... $198,517 Real Estate Rentals ............................................ $1,226,139 Per Diem, Fees and Contracts ................................... $5,003,051 Computer Charges ............................................. $1,046,759 Telecommunications ............................................. $747,866 Crippled Children's Benefits ..................................... $8,131,654 Kidney Disease Benefits ......................................... $308,000 Cancer Control Benefits......................................... $3,340,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants ............................................... $--0-- Family Planning Benefits ........................................ $653,222 Crippled Children's Clinics ......................................... $--0-- Special Purpose Contracts........................................ $672,246 Purchase of Service Contracts .................................. $11,800,246 Grant-In-Aid to Counties....................................... $96,898,979 Institutional Repairs and Maintenance ............................. $34,500 Postage ........................................................ $139,801 Grants for Regional Maternal and Infant Care...................... $821,135 Total Funds Budgeted ....................................... .$260,938,483 Indirect DOAS Service Funding................................... $549,718 State Funds Budgeted ....................................... .$138,242,242

Departmental Functional Budgets Total Funds

District Health Administration

$ 11,778,753

Newborn Follow-Up Care

$ 1,215,549

Dental Health

$ 1,384,187

Stroke and Heart Attack Prevention

$ 2,093,863

Sickle Cell, Vision and Hearing

$ 4,153,698

High-Risk Pregnant Women and Infants

$ 5,298,173

Sexually Transmitted Diseases

$ 2,725,256

Family Planning

$ 8,798,317

Malnutrition

$ 78,171,909

Grant in Aid to Counties

$ 55,093,982

Children's Medical Services

$ 13,394,935

Emergency Health

$ 2,863,683

Primary Health Care

$ 1,716,889

Epidemiology

$

539,785

Immunization

$

958,300

Community Tuberculosis Control

$ 6,512,513

Maternal and Child Health Management

$ 1,071,457

State Funds

$ 11,649,078

$

970,020

$ 1,174,012

$ 1,563,863

$ 3,757,396

$ 5,186,173

$

326,612

$ 4,481,255

$

--0--

$ 54,237,982

$ 6,734,211

$ 1,807,135

$ 1,588,858

$

400,650

$

--0--

$ 5,257,908

$

741,805

358

JOURNAL OF THE SENATE

Infant and Child Health

1,397,111

561,596

Maternal Health--Perinatal

1,958,714

847,523

Chronic Disease

978,633

978,633

Diabetes

515,002

515,002

Cancer Control

4,264,369

4,264,369

Director's Office

855,244

658,019

Employees' Health

303,499

303,499

Health Program Management

1,879,236

1,745,635

Vital Records

1,833,430

1,609,737

Health Services Research

1,213,030

990,212

Environmental Health

979,000

802,907

Laboratory Services

5,355,679

5,235,679

Community Care

3,955,146

1,504,262

Community Health Management

465,163

285,714

Aids

7,945,713

4,131,724

Vaccines

11,462,507

1,474,809

Drug and Clinic Supplies

3,220,025

2,485,942

Adolescent Health

3,051,019

1,990,259

Public Health--Planning Councils

172,330

155,178

Early Intervention Public Health--Division Indirect Cost

11,362,384 --0--

9,360,303 (1,535,718)

Total

260,938,483

138,242,242

3. Rehabilitation Services Budget: Personal Services ............................................. $68,784,363 Regular Operating Expenses ................................... $11,108,532 Travel ........................................................ $1,128,735 Motor Vehicle Purchases .......................................... $63,700 Equipment ..................................................... $528,325 Real Estate Rentals ............................................ $4,176,935 Per Diem, Pees and Contracts ................................... $7,661,196 Computer Charges ............................................. $2,769,298 Telecommunications ............................................ $1,541,468 Case Services................................................. $24,908,151 E.S.R.P. Case Services ............................................ $27,675 Special Purpose Contracts........................................ $692,387 Purchase of Services Contracts .................................. $9,359,186 Institutional Repairs and Maintenance ............................ $208,554 Utilities........................................................ $912,445 Postage ........................................................ $753,068 Total Funds Budgeted ....................................... .$134,624,018 Indirect DOAS Service Funding................................... $100,000 State Funds Budgeted ........................................ .$22,407,349

District Field Services Independent Living Sheltered Employment

Departmental Functional Budgets Total Funds

$ 45,453,275

$

863,713

$ 1,709,209

State Funds

$ 9,104,662

$

581,518

$

793,009

TUESDAY, FEBRUARY 7, 1995

359

Community Facilities

8,208,236

3,234,533

State Rehabilitation Facilities Diversified Industries of Georgia

6,473,709 789,944

1,359,940 --0--

Program Direction and Support

4,007,700

1,268,731

Grants Management Disability Adjudication

701,682 32,188,837

701,682 --0--

Georgia Factory for Blind

12,120,947

861,387

Roosevelt Warm Springs Institute Total

$ 22,106,766

4,501,887

$ 134,624,018 $ 22,407,349

4. Family and Children Services Budget:

Personal Services ............................................. $42,360,429

Regular Operating Expenses .................................... $3,904,938

Travel ........................................................ $1,061,201

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

Equipment ..................................................... $346,677

Real Estate Rentals ............................................ $2,621,550

Per Diem, Fees and Contracts .................................. $23,632,027

Computer Charges ............................................ $26,885,420

Telecommunications ............................................ $4,068,732

Children's Trust Fund Grants ...................................... $--0--

Children's Trust Fund .......................................... $2,051,000

Cash Benefits................................................$443,930,519

Special Purpose Contracts

$4,372,441

Service Benefits for Children ................................. .$177,382,281

Purchase of Service Contracts .................................. $14,920,085

Postage ....................................................... $3,844,413

Grants to County DFACS--Operations ........................ .$275,638,099

Total Funds Budgeted ...................................... $1,027,019,812

Indirect DOAS Services Funding................................. $2,565,582

State Funds Budgeted ....................................... .$400,298,026

Departmental Functional Budgets Total Funds

Director's Office

511,332

Social Services

4,118,470

Administrative Support

6,541,924

Quality Assurance

3,745,413

Community Services

11,611,153

Field Management

1,098,176

Human Resources Management

2,029,320

Public Assistance

36,125,128

Child Support Recovery

51,072,649

AFDC Payments

430,371,824

SSI--Supplemental Benefits

100

Refugee Programs

2,799,421

Energy Benefits

11,613,174

County DFACS Operations--Eligibility

105,907,520

County DFACS Operations--Social Services

89,656,998

State Funds 511,332
3,740,286 5,355,639 3,745,413
858,784 1,098,176 1,847,863 17,676,179 2,615,249 162,293,215
100 --0-- --0--
53,010,761 31,779,142

360

JOURNAL OF THE SENATE

Food Stamp Issuance

$ 3,053,351 $

--0--

County DFACS Operations--Homemakers Services
County DFACS Operations--Joint and Administration

$ 7,688,443 $ 2,257,516 $ 60,219,348 $ 28,490,604

County DFACS Operations--Employability Program

12,165,790 $ 4,589,157

Employability Benefits

26,196,997 $ 10,841,651

Legal Services

2,884,700 $ 1,762,504

Family Foster Care

32,999,018 $ 21,898,980

Institutional Foster Care

8,399,105 $

725,777

Specialized Foster Care

2,198,812 $ 1,920,404

Adoption Supplement

9,538,644 $ 7,256,644

Prevention of Foster Care

10,345,743 $ 6,008,762

Day Care

90,303,653 $ 27,236,623

Outreach--Contracts

152,058 $

152,058

Special Projects Children's Trust Fund Commission

1,620,548 $ --0-- $

1,595,766 --0--

Children's Trust Fund Indirect Cost

2,051,000 $ 2,051,000 --0-- $ (7,021,559)

Total

$ 1,027,019,812 $ 400,298,026

Budget Unit Object Classes: Personal Services ........................................... .$223,296,695 Regular Operating Expenses ................................... $91,993,313 Travel ........................................................ $4,475,121 Motor Vehicle Purchases ........................................ $1,618,468 Equipment .................................................... $1,222,511 Real Estate Rentals .......................................... .$12,986,018 Per Diem, Fees and Contracts .................................. $37,349,153 Computer Charges ............................................ $32,057,191 Telecommunications ............................................ $7,011,092 Crippled Children's Benefits ..................................... $8,131,654 Kidney Disease Benefits ......................................... $308,000 Cancer Control Benefits......................................... $3,340,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants ............................................... $--0-- Family Planning Benefits ........................................ $653,222 Case Services................................................ .$24,908,151 E.S.R.P. Case Services ............................................ $27,675 Crippled Children's Clinics ......................................... $--0-- Children's Trust Fund Grants ...................................... $--0-- Children's Trust Fund .......................................... $2,051,000 Cash Benefits................................................$443,930,519 Special Purpose Contracts....................................... $5,981,074 Service Benefits for Children ................................. .$214,062,839 Purchase of Service Contracts ................................. .$71,100,828 Grant-In-Aid to Counties. ..................................... .$96,898,979 Institutional Repairs and Maintenance ............................ $310,554 Utilities........................................................ $912,445 Postage .......................................................$5,698,618

TUESDAY, FEBRUARY 7, 1995

361

Payments to DMA-Community Care............................. $13,913,085 Grants for Regional Maternal and Infant Care...................... $821,135 Grants to County DFACS--Operations ........................ .$275,638,099

B. Budget Unit: Community Mental Health/Mental

Retardation and Institutions .................................. $464,567,885

Personal Services ............................................ $353,591,647

Regular Operating Expenses ................................... $39,273,706

Travel ......................................................... $449,738

Motor Vehicle Purchases ......................................... $698,750

Equipment .................................................... $1,984,056

Computer Charges ............................................. $4,725,152

Real Estate Rentals ............................................. $194,442

Telecommunications ............................................ $2,565,696

Per Diem, Fees and Contracts ................................... $9,355,919

Utilities..................................................... .$12,051,683

Institutional Repairs and Maintenance ........................... $1,789,045

Substance Abuse Community Services ........................... $48,998,859

Mental Retardation Community Services

$94,642,634

Mental Health Community Services ............................. $30,356,870

Community Mental Health Center Services ...................... $72,283,341

Special Purpose Contract ........................................ $294,118

Total Funds Budgeted ....................................... .$673,255,656

Indirect DOAS Services Funding................................. $2,404,100

State Funds Budgeted ....................................... .$464,567,885

Departmental Functional Budgets

Total Funds

Southwestern State Hospital

$ 39,261,457

Brook Run

$ 31,793,407

Georgia Mental Health Institute

$ 26,561,685

Georgia Regional Hospital at Augusta

$ 21,453,513

Northwest Regional Hospital at Rome

$ 26,605,027

Georgia Regional Hospital at Atlanta

$ 28,168,775

Central State Hospital

$ 142,045,419

Georgia Regional Hospital at Savannah

$ 19,741,102

Gracewood State School and Hospital

$ 50,146,809

West Central Georgia Regional Hospital

$ 18,833,808

Outdoor Therapeutic Program

$ 3,699,108

Mental Health Community Assistance

$ 2,156,373

Mental Retardation Community Assistance

$ 1,357,393

Day Care Centers for Mentally Retarded

$ 73,517,501

Supportive Living

$ 30,000,186

Georgia State Foster Grandparents/Senior Companion Program
Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers

$

806,641

$

540,887

$ 48,998,859

$ 72,283,341

$

444,351

$ 1,541,706

State Funds $ 24,833,624 $ 13,217,220 $ 24,338,913 $ 19,789,591 $ 19,252,268 $ 22,866,320 $ 85,447,538 $ 18,451,145 $ 22,701,191 $ 16,075,532 $ 2,799,990 $ 2,045,084 $ 1,332,395 $ 37,228,243 $ 26,558,233

$

806,641

$

540,887

$ 26,325,371

$ 68,260,321

$

444,351

$ 1,346,206

362

JOURNAL OF THE SENATE

Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential
Services Contract with Clayton County Board of
Education for Autistic Children MH/MR/SA Administration Regional Boards
Total

294,701 356,684 6,220,726

294,701 356,684 6,220,726

$ 13,236,299 $ 13,728,048

95,472 10,131,870 2,962,556 $ 673,255,656

95,472 6,248,634 2,962,556 $ 464,567,885

Section 26. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism.......... .$19,776,102 Personal Services .............................................. $8,346,275 Regular Operating Expenses .................................... $1,475,818 Travel ......................................................... $335,000 Motor Vehicle Purchases .......................................... $32,000 Equipment ...................................................... $60,883 Computer Charges .............................................. $152,440 Real Estate Rentals ............................................. $947,130 Telecommunications ............................................. $246,000 Per Diem, Fees and Contracts .................................... $704,178 Local Welcome Center Contracts .................................. $171,600 Marketing..................................................... $6,899,578 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 ........................................ .$20,920,902 State Funds Budgeted ........................................ .$19,776,102

Administration Economic Development Trade Tourism Total

Departmental Functional Budgets Total Funds

$ 10,981,880

$ 4,259,672

$

960,298

$ 4,719,052

$ 20,920,902

State Funds

$ 10,152,080

$ 4,154,672

$

960,298

$ 4,509,052

$ 19,776,102

Section 27. Department of Insurance. Budget Unit: Department of Insurance ............................ $14,753,910 Personal Services ............................................. $12,874,345 Regular Operating Expenses ..................................... $713,762 Travel ......................................................... $401,560 Motor Vehicle Purchases ......................................... $84,000 Equipment ...................................................... $55,750 Computer Charges .............................................. $523,256 Real Estate Rentals ............................................. $806,814 Telecommunications ............................................. $251,433 Per Diem, Fees and Contracts .................................... $202,990 Health Care Utilization Review ..................................... $--0-- Total Funds Budgeted ........................................ .$15,913,910

TUESDAY, FEBRUARY 7, 1995

363

State Funds Budgeted ......................................... $14,753,910

Departmental Functional Budgets Total Funds

Internal Administration

$ 4,425,813

Insurance Regulation

$ 6,357,991

Industrial Loans Regulation

$

435,688

Fire Safety and Mobile Home Regulations

$ 4,694,418

Total

$ 15,913,910

State Funds

$ 4,425,813

$ 6,357,991

$

435,688

$ 3,534,418

$ 14,753,910

Section 28. Department of Labor. Budget Unit: Department of Labor ................................ $7,176,250 Personal Services ............................................. $66,661,469 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 ....................................... .$161,534,366 State Funds Budgeted .......................................... $7,176,250

Departmental Functional Budgets Total Funds

Executive Offices/Administrative Services

$ 27,871,775

Employment and Training Services

$ 133,662,591

Total

$ 161,534,366

State Funds $ 5,330,899 $ 1,845,351 $ 7,176,250

Section 29. Department of Law.
Budget Unit: Department of Law ................................. $10,320,106 Personal Services .............................................. $9,471,091 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 ......................................... $11,226,873 State Funds Budgeted ........................................ .$10,320,106

Section 30. Department of Medical Assistance. A. Budget Unit: Medicaid Services ............................. $1,111,891,375
Personal Services ............................................. $13,726,336 Regular Operating Expenses .................................... $4,454,835 Travel ......................................................... $188,400 Motor Vehicle Purchases ........................................... $--0--

364

JOURNAL OF THE SENATE

Equipment ...................................................... $74,644 Computer Charges ............................................ $22,787,558 Real Estate Rentals ............................................. $885,000 Telecommunications ............................................. $425,000 Per Diem, Fees and Contracts .................................. $66,926,024 Medicaid Benefits, Penalties and Disallowances................ $3,092,382,832 Audit Contracts................................................. $772,500 SPY 1994 Medicaid Benefits, Penalties and Disallowances ............. $--0-- Total Funds Budgeted ...................................... $3,202,623,129 State Funds Budgeted ...................................... $1,111,891,375

Departmental Functional Budgets Total Funds

State Funds

Commissioner's Office

$ 60,515,270 $ 2,356,104

Benefits, Penalties and Disallowances

$ 3,092,382,832 $ 1,091,938,556

Community Services

$ 1,347,171 $

516,503

Systems Management

$ 28,383,447 $ 7,489,101

Professional Services

$ 2,347,775 $ 1,001,508

Program Compliance

$ 5,404,741 $ 2,702,370

Maternal and Child Health

$

872,783 $

332,213

Financial and Hospital Reimbursement

$ 4,473,502 $ 2,192,758

Nursing Home Reimbursement

$ 4,851,441 $ 2,425,720

Nursing Home and Hospital Policy

$ 2,044,167 $

936,542

Total

$ 3,202,623,129 $ 1,111,891,375

B. Budget Unit: Indigent Trust Fund ............................ .$139,287,133 Per Diem, Fees and Contracts ................................... $7,557,900
Benefits.....................................................$358,962,316 Total Funds Budgeted ....................................... .$366,520,216 State Funds Budgeted ....................................... .$139,287,133

Section 31. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration ................ $--0-- Personal Services .............................................. $8,255,874 Regular Operating Expenses .................................... $2,080,135 Travel .......................................................... $88,440 Equipment ...................................................... $54,895 Real Estate Rents ............................................... $917,345 Per Diem, Fees and Contracts ................................ .$136,505,130 Computer Charges ............................................. $3,472,999 Telecommunications ............................................. $265,357 Health Insurance Payments .................................. .$838,823,000 Total Funds Budgeted ....................................... .$990,463,175 Other Agency Funds............................................. $114,920 Agency Assessments.......................................... .$11,070,818 Employee and Employer Contributions ........................ .$979,129,240 Deferred Compensation .......................................... $148,197 State Funds Budgeted ............................................. $--0--

TUESDAY, FEBRUARY 7, 1995

365

Departmental Functional Budgets Total Funds

Commissioner's Office

$ 2,661,950

Applicant Services

$ 2,364,459

Classification and Compensation

$ 1,362,143

Flexible Benefits

$ 1,241,437

Employee Training and Development

$ 1,552,628

Health Insurance Administration

$ 34,960,454

Health Insurance Claims

$ 943,205,397

Internal Administration

$ 3,114,707

Total

$ 990,463,175

State Funds

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

Section 32. Department of Natural Resources.
A. Budget Unit: Department of Natural Resources ................ $84,231,405 Personal Services ............................................. $68,818,165
Regular Operating Expenses ................................... $13,508,732 Travel ......................................................... $513,202
Motor Vehicle Purchases ........................................ $2,016,107
Equipment .................................................... $2,278,431 Real Estate Rentals ............................................ $2,392,552
Per Diem, Fees and Contracts ................................... $2,736,263
Computer Charges ............................................. $1,002,678
Telecommunications ............................................ $1,146,940 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 ....................................... $2,373,611
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 Georgia Heritage 2000 Grants .................................... $135,000 Recreation .................................................... $1,000,000
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................................. $587,259
U.S. Geological Survey for Ground Water Resources................. $300,000 U.S. Geological Survey for Topographic Mapping...................... $--0-- National War Museum........................................... $250,000 Hazardous Waste Trust Fund ................................... $8,918,534 Solid Waste Trust Fund ........................................ $5,363,868
Payments to Civil War Commission ................................ $31,000 Payments to Georgia Agricultural Exposition Authority............. $2,354,025
Payments to Mclntosh County .................................... $100,000

366

JOURNAL OF THE SENATE

Georgia Boxing Commission ........................................ $7,000 Total Funds Budgeted ........................................ $124,147,646 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 ......................................... $84,231,405

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

$ 4,024,300 $ 4,024,300

Program Support

$ 2,516,164 $ 2,516,164

Historic Preservation

$ 1,861,209 $ 1,371,209

Parks, Recreation and Historic Sites

$ 38,328,779 $ 13,465,950

Coastal Resources

$ 2,395,525 $ 2,279,275

Wildlife Resources

$ 34,070,527 $ 29,460,224

Environmental Protection

$ 39,752,075 $ 30,157,069

Pollution Prevention Program

$ 1,199,067 $

957,214

Total

$ 124,147,646 $ 84,231,405

B. Budget Unit: Georgia Agricultural Exposition Authority ............... $--0-- Personal Services .............................................. $1,912,944 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 .......................................... $4,341,025 State Funds Budgeted ............................................. $--0--

Departmental Functional Budgets Total Funds

Georgia Agricultural Exposition Authority

$ 4,341,025

State Funds

$

--0--

Section 33. Department of Public Safety. A. Budget Unit: Department of Public Safety ....................... $95,670,610
1. Operations Budget: Personal Services ............................................ .$57,572,584 Regular Operating Expenses .................................... $7,432,438 Travel ......................................................... $137,617
Motor Vehicle Purchases ........................................ $3,731,450 Equipment ..................................................... $746,325 Computer Charges ............................................. $4,047,061 Real Estate Rentals ............................................ $1,610,356
Telecommunications ............................................. $600,000 Per Diem, Fees and Contracts .................................... $437,400 State Patrol Posts and Maintenance ............................... $155,000 Capital Outlay................................................... $25,000 Total Funds Budgeted ........................................ .$76,495,231

TUESDAY, FEBRUARY 7, 1995

367

Indirect DOAS Service Funding..................................$1,650,000 State Funds Budgeted ........................................ .$74,845,231
2. Driver Services Budget: Personal Services ............................................. $16,443,143 Regular Operating Expenses .................................... $1,840,988 Travel .......................................................... $25,800 Motor Vehicle Purchases ........................................... $--0-- Equipment ..................................................... $173,500 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 ........................ $90,000 Driver License Processing ....................................... $1,047,750 Total Funds Budgeted ........................................ .$20,825,379 Indirect DOAS Service Funding..................................... $--0-- State Funds Budgeted ........................................ .$20,825,379

Administration

Departmental Functional Budgets Total Funds
$ 22,516,536

State Funds $ 21,016,536

Driver Services

$ 20,825,379 $ 20,825,379

Field Operations

$ 53,978,695 $ 53,828,695

Total

$ 97,320,610 $ 95,670,610

B. Budget Unit: Units Attached for Administrative Purposes Only...........................................................$14,067,745
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 Peace Officers Training Grants .................................. $3,580,523 Capital Outlay .................................................... $--0-- Total Funds Budgeted ........................................ .$14,855,227 State Funds Budgeted ........................................ .$13,760,227

2. Office of Highway Safety Budget: Personal Services ............................................... $429,531 Regular Operating Expenses ...................................... $28,450 Travel ........................................................... $9,828 Motor Vehicle Purchases ........................................... $--0-- Equipment ....................................................... $3,168 Computer Charges ............................................... $37,080 Real Estate Rentals .............................................. $78,161 Telecommunications ............................................... $3,800 Per Diem, Fees and Contracts ...................................... $7,500 Highway Safety Grants ......................................... $2,760,000 Total Funds Budgeted .......................................... $3,357,518

368

JOURNAL OF THE SENATE

State Funds Budgeted ........................................... $307,518

Departmental Functional Budgets Total Funds

Office of Highway Safety

$ 3,357,518

Georgia Peace Officers Standards and Training $ 5,561,459

Police Academy

$ 1,057,938

Fire Academy

$ 1,158,915

Georgia Firefighters Standards and Training Council

$

466,052

Georgia Public Safety Training Facility

$ 6,610,863

Total

$ 18,212,745

State Funds

$

307,518

$ 5,561,459

$

992,938

$ 1,058,915

$

466,052

$ 5,680,863

$ 14,067,745

Section 34. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System ........... $9,640,000 Payments to Employees' Retirement System........................ $490,000 Employer Contributions......................................... $9,150,000 Total Funds Budgeted .......................................... $9,640,000 State Funds Budgeted .......................................... $9,640,000

Section 35. Public Service Commission. Budget Unit: Public Service Commission ........................... $8,382,229 Personal Services .............................................. $6,773,916 Regular Operating Expenses ..................................... $421,285 Travel ......................................................... $256,756 Motor Vehicle Purchases ......................................... $216,200 Equipment ...................................................... $36,174 Computer Charges .............................................. $408,660 Real Estate Rentals ............................................. $305,489 Telecommunications ............................................. $126,754
Per Diem, Fees and Contracts ................................... $1,688,000 Total Funds Budgeted ........................................ .$10,233,234 State Funds Budgeted .......................................... $8,382,229

Administration Transportation Utilities Total

Departmental Functional Budgets Total Funds
$ 1,736,672 $ 3,503,951 $ 4,992,611 $ 10,233,234

State Funds $ 1,736,672 $ 1,828,826 $ 4,816,731 $ 8,382,229

Section 36. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ............................ .$994,892,042
Personal Services: Educ., Gen., and Dept. Svcs ................................. $1,062,833,065 Sponsored Operations ....................................... .$140,000,000
Operating Expenses: Educ., Gen., and Dept. Svcs .................................. .$255,884,706 Sponsored Operations ....................................... .$150,000,000 Special Funding Initiative...................................... $10,688,094 Office of Minority Business Enterprise ............................. $319,526 Special Desegregation Programs .................................. $349,130 Forestry Research............................................... $338,382 Research Consortium ........................................... $4,347,000

TUESDAY, FEBRUARY 7, 1995

369

Capital Outlay.................................................. $582,090 Total Funds Budgeted ...................................... $1,625,341,993 Departmental Income.......................................... $40,000,000 Sponsored Income ........................................... .$290,000,000 Other Funds.................................................$297,422,651 Indirect DOAS Services Funding................................. $3,027,300 State Funds Budgeted ....................................... .$994,892,042
B. Budget Unit: Regents Central Office and Other Organized Activities..................................................... .$156,360,533 Personal Services: Educ., Gen., and Dept. Svcs .................................. .$245,195,570 Sponsored Operations ......................................... $68,262,264 Operating Expenses: Educ., Gen., and Dept. Svcs .................................. .$124,653,717 Sponsored Operations ......................................... $38,852,768 Fire Ant and Environmental Toxicology Research ..................... $--0-- Agricultural Research .......................................... $2,041,867 Advanced Technology Development Center ........................ $1,890,857 Capitation Contracts for Family Practice Residency ................ $2,937,583 Residency Capitation Grants .................................... $2,484,870 Student Preceptorships .......................................... $146,400 Mercer Medical School Grant.................................... $6,244,350 Morehouse School of Medicine Grant ............................. $5,241,300 Capital Outlay .................................................... $---0-- Center for Rehabilitation Technology ............................. $2,189,510 SREB Payments ............................................... $5,948,000 Medical Scholarships ........................................... $1,253,086 Regents Opportunity Grants...................................... $600,000 Regents Scholarships ............................................ $200,000 Rental Payments to Georgia Military College ....................... $821,295 CRT Inc. Contract at Georgia Tech Research Institute............... $212,983 Direct Payments to the Georgia Public Telecommunications Commission for Operations .................................... $9,397,315 Total Funds Budgeted ....................................... .$518,573,735 Departmental Income.............................................. $--0-- Sponsored Income ........................................... .$106,039,476 Other Funds.................................................$255,618,026 Indirect DOAS Services Funding.................................. $555,700 State Funds Budgeted ....................................... .$156,360,533

Regents Central Office and Other Organized Activities Total Funds

Marine Resources Extension Center

$ 1,812,259 $

Skidaway Institute of Oceanography

$ 3,791,776 $

Marine Institute

$ 1,317,167 $

Georgia Tech Research Institute

$ 127,199,259 $

Education Extension Services

$ 8,463,549 $

Agricultural Experiment Station

$ 52,464,759 $

Cooperative Extension Service

$ 45,079,061 $

Medical College of Georgia Hospital and Clinics $ 225,427,808 $

Veterinary Medicine Experiment Station

$ 2,652,078 $

Veterinary Medicine Teaching Hospital

$ 2,644,592 $

State Funds 1,275,471 1,460,887 916,444
12,846,183 2,437,349 34,166,106 27,620,704 30,449,184 2,652,078
493,303

370

JOURNAL OF THE SENATE

Joint Board of Family Practice

$ 22,495,342 $ 22,495,342

Georgia Radiation Therapy Center

$ 2,719,756 $

-- 0--

Athens and Tifton Veterinary Laboratories

$ 2,947,130 $

90,098

Regents Central Office

$ 19,259,199 $ 19,157,384

Office of Technology Policy

$

300,000 $

300,000

Total

$ 518,573,735 $ 156,360,533

C. Budget Unit: Georgia Public Telecommunications Commission ........................................................ $--0-- Personal Services .............................................. $7,710,938 Operating Expenses ........................................... $14,207,082 Total Funds Budgeted ........................................ .$21,918,020 Other Funds................................................. .$21,918,020 State Funds Budgeted ............................................. $--0--

D. Budget Unit: Lottery for Education ........................... .$119,741,000
Equipment, Technology and Construction Trust Fund ............ .$19,321,347 Capital Outlay--GPTC ....................................... .$28,921,000 Equipment--GPTC............................................. $3,300,000 Georgia Research Alliance...................................... $36,553,653
Capital Outlay--Albany State College ........................... $13,000,000 Equipment .................................................... $1,000,000 Per Diem, Fees and Contracts ..................................... $50,000 Zoo Atlanta Resources Center ................................... $2,500,000 Special Funding Initiatives ..................................... $15,095,000 Total Funds Budgeted ....................................... .$119,741,000 Lottery Funds Budgeted ..................................... .$119,741,000

Section 37. Department of Revenue. Budget Unit: Department of Revenue ............................. $90,339,945 Personal Services .............................................$55,344,453 Regular Operating Expenses .................................... $4,610,482 Travel ........................................................ $1,385,187 Motor Vehicle Purchases ......................................... $246,000 Equipment ..................................................... $813,569 Computer Charges ............................................ $14,911,879 Real Estate Rentals ............................................ $2,832,804 Telecommunications ............................................ $1,114,537 Per Diem, Fees and Contracts .................................... $511,874 County Tax Officials/Retirement and PICA ........................ $3,369,000 Grants to Counties/Appraisal Staff .................................. $--0-- Motor Vehicle Tags and Decals .................................. $6,245,955 Postage ....................................................... $3,636,176 Total Funds Budgeted ........................................ .$95,021,916 Indirect DOAS Services Funding................................. $3,845,000 State Funds Budgeted ........................................ .$90,339,945

Departmental Functional Budgets Total Funds

Departmental Administration

$ 6,924,475

Internal Administration

$ 11,550,194

Electronic Data Processing

$ 9,196,862

Field Services

$ 17,946,427

Income Tax Unit

$ 7,381,105

State Funds $ 6,924,475 $ 11,350,194 $ 8,381,662 $ 17,646,427 $ 6,681,105

TUESDAY, FEBRUARY 7, 1995

371

Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Total

$ 22,226,798

20,926,798

$ 7,127,628

7,127,628

$ 4,321,023

3,284,052

$ 4,052,863

3,723,063

$

46,000

46,000

$ 4,248,541

4,248,541

$ 95,021,916 $ 90,339,945

Section 38. Secretary of State. A. Budget Unit: Secretary of State ................................ $26,428,983
Personal Services ............................................ .$16,241,077 Regular Operating Expenses .................................... $3,727,497 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 Total Funds Budgeted ........................................ .$27,473,983 State Funds Budgeted ........................................ .$26,428,983

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

3,392,270

3,362,270

Archives and Records

4,534,349

4,459,349

Business Services and Regulation

4,866,080

4,150,080

Elections and Campaign Disclosure

3,474,652

3,454,652

Drugs and Narcotics

1,048,300

994,300

State Ethics Commission

372,291

372,291

State Examining Boards

9,786,041

9,636,041

Total

27,473,983

26,428,983

B. Budget Unit: Real Estate Commission............................$1,949,825 Personal Services .............................................. $1,136,025 Regular Operating Expenses ..................................... $155,100 Travel .......................................................... $16,000 Motor Vehicle Purchases .......................................... $23,000 Equipment ....................................................... $8,000 Computer Charges .............................................. $350,000 Real Estate Rentals ............................................. $113,700 Telecommunications .............................................. $30,000 Per Diem, Fees and Contracts .................................... $118,000 Total Funds Budgeted .......................................... $1,949,825 State Funds Budgeted .......................................... $1,949,825

372

JOURNAL OF THE SENATE

Departmental Functional Budgets

Real Estate Commission

State Funds $ 1,949,825

Cost of Operations
$ 1,989,825

Section 39. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission .............. $1,926,187 Personal Services ..............................................$1,015,079 Regular Operating Expenses ..................................... $233,414 Travel .......................................................... $40,520 Motor Vehicle Purchases .......................................... $24,000 Equipment ...................................................... $12,115 Computer Charges ................................................ $7,500 Real Estate Rentals .............................................. $78,865 Telecommunications .............................................. $22,000 Per Diem, Fees and Contracts .................................... $631,350 County Conservation Grants ..................................... $424,000 Total Funds Budgeted .......................................... $2,488,843 State Funds Budgeted .......................................... $1,926,187

Section 40. Student Finance Commission. A. Budget Unit: Student Finance Commission ...................... $30,636,064
Personal Services .............................................. $4,999,073 Regular Operating Expenses ..................................... $464,051 Travel ......................................................... $101,800 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $20,000 Computer Charges .............................................. $421,000 Real Estate Rentals .............................................. $44,800 Telecommunications ............................................. $144,250 Per Diem, Fees and Contracts .................................... $208,739 Payment of Interest and Fees ...................................... $--0-- Guaranteed Educational Loans .................................. $4,076,000 Tuition Equalization Grants .................................... $22,135,260 Student Incentive Grants ....................................... $5,003,940 Law Enforcement Personnel Dependents' Grants..................... $38,000 North Georgia College ROTC Grants ............................... $75,000 Osteopathic Medical Loans ....................................... $160,000 Georgia Military Scholarship Grants .............................. $593,600 Paul Douglas Teacher Scholarship Loans .......................... $425,000 Total Funds Budgeted ......................................... $38,910,513 State Funds Budgeted ........................................ .$30,636,064

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

$ 5,342,017 $

--0--

Higher Education Assistance Corporation

$

--0-- $

--0--

Georgia Student Finance Authority

$ 32,506,800 $ 30,034,058

Georgia Nonpublic Postsecondary Education Commission

$ 1,061,696 $

602,006

Total

$ 38,910,513 $ 30,636,064

B. Budget Unit: Lottery for Education ............................ .$75,338,941 Hope Financial Aid--Tuition ................................. . .$37,498,941 Hope Financial Aid--Books ................................... .$12,000,000 Hope Financial Aid--Fees....................................... $6,000,000

TUESDAY, FEBRUARY 7, 1995

373

Tuition Equalization Grants .................................... $20,000,000 Georgia Military College Scholarship .............................. $240,000 LEPD Scholarship. .............................................. $100,000 Total Funds Budgeted ........................................ .$75,338,941 Lottery Funds Budgeted ...................................... .$75,838,941

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-- Equipment ...................................................... $24,150 Computer Charges .............................................. $967,136 Real Estate Rentals ............................................. $469,750 Telecommunications .............................................. $68,893 Per Diem, Fees and Contracts .................................... $376,000 Retirement System Members .................................... $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 ..... .$145,238,288
Personal Services .............................................. $3,872,659 Regular Operating Expenses ..................................... $400,793 Travel ......................................................... $120,500 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $15,000 Computer Charges .............................................. $406,730 Real Estate Rentals ............................................. $334,490 Telecommunications ............................................. $158,000 Per Diem, Fees and Contracts ..................................... $704,000 Personal Services--Institutions ................................. $99,823,159 Operating Expenses--Institutions............................... $19,869,284 Capital Outlay .................................................... $--0-- Quick Start Program ........................................... $7,324,563 Area School Program ......................................... .$25,012,445 Regents Program...............................................$2,758,900 Adult Literacy Grants ........................................ .$15,311,394 Total Funds Budgeted ........................................ .$176,111,917 State Funds Budgeted ....................................... .$145,238,288

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 6,012,172 $ 4,023,495

Institutional Programs

$ 170,099,745 $ 141,214,793

Total

$ 176,111,917 $ 145,238,288

B. Budget Unit: Lottery for Education ............................. $42,280,423 Computer Laboratories and Satellite Dishes--Adult Literacy..................................................... $1,000,000 Capital Outlay--Technical Institute Satellite Facilities ............ $19,737,673 Equipment--Technical Institutes ............................... $14,542,750 Repairs and Renovations ........................................ $7,000,000 Total Funds Budgeted ........................................ .$42,280,423 Lottery Funds Budgeted ...................................... .$42,280,423

374

JOURNAL OF THE SENATE

Section 43. Department of Transportation. Budget Unit: Department of Transportation ..................... .$454,915,497 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 .............................................. .$632,498,885 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 ...................................... $1,011,582,783 State Funds Budgeted ....................................... .$454,915,497

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction

$ 762,267,424

Maintenance and Betterments

$ 196,819,300

Facilities and Equipment

$ 12,062,562

Administration

$ 23,126,927

Total

$ 994,276,213

General Funds Budget

Planning and Construction

$ 1,625,316

Air Transportation

$ 1,403,525

Inter-Modal Transfer Facilities

$ 13,597,729

Harbor/Intra-Coastal Waterways Activities

$

680,000

Total

$ 17,306,570

State Funds $ 226,740,895 $ 185,619,300 $ 11,512,562 $ 22,501,927 $ 446,374,684

$ 1,625,316

$ 1,016,525

$ 5,218,972

$

680,000

$ 8,540,813

Section 44. Department of Veterans Service. Budget Unit: Department of Veterans Service..................... .$23,536,066 Personal Services .............................................. $4,769,335 Regular Operating Expenses ..................................... $115,123 Travel .......................................................... $75,700 Motor Vehicle Purchases ........................................... $--0-- Equipment ..................................................... $183,700 Computer Charges ............................................... $10,253 Real Estate Rentals ............................................. $238,641 Telecommunications .............................................. $57,883 Per Diem, Fees and Contracts .................................... $198,500 Operating Expenses/Payments to Central State Hospital.......... .$17,386,621 Operating Expense/Payments to Medical College of Georgia ........ $6,970,976 Regular Operating Expenses for Projects and Insurance ............. $325,825 Total Funds Budgeted ........................................ .$30,332,557 State Funds Budgeted ........................................ .$23,536,066

TUESDAY, FEBRUARY 7, 1995

375

Departmental Functional Budgets Total Funds

Veterans Assistance

$ 5,569,735

Veterans Home and Nursing Facility-- Milledgeville

$ 17,723,246

Veterans Nursing Home--Augusta

$ 7,039,576

Total

$ 30,332,557

State Funds $ 5,299,126
$ 13,222,776 $ 5,014,164 $ 23,536,066

Section 45. Workers' Compensation Board. Budget Unit: Workers' Compensation Board ...................... .$10,192,885 Personal Services .............................................. $7,368,707 Regular Operating Expenses ..................................... $370,549 Travel .......................................................... $58,000 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $19,250 Computer Charges .............................................. $490,482 Real Estate Rentals ............................................ $1,013,996 Telecommunications ............................................. $109,040 Per Diem, Fees and Contracts .................................... $204,518 Payments to State Treasury ...................................... $748,343 Total Funds Budgeted ......................................... $10,382,885 State Funds Budgeted ........................................ .$10,192,885

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)................................. .$384,046,235 Motor Fuel Tax Funds (Issued) ................................. $61,000,000
$445,046,235
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) ................................... .$19,212,035 Motor Fuel Tax Funds (New) ....................................... $--0-- $19,212,035

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 staffing 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 em ployees 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 em ployees of the Court.
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

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the payment of salaries, mileage and other expenses as may be authorized by law for Dis trict Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-1840, 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 Chair man 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 experi ence to attend 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 Planning 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 extention of 60 days if not completed; 3.) Selected option shall be competitively bid; 4.) Office of Information Technology 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.
Provided that of the appropriation to the Department of Agriculture, up to $50,000 is authorized to be expended for the purpose of relocating the Statesboro poultry diagnostic laboratory to Glennville.
Provided, that of the appropriation to the Department of Agriculture, up to $75,000 is authorized to be expended for ELISHA testing equipment for branch laboratories at Bowden, Camilla, Dalton, Douglas and Montezuma.

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Section 56. Provisions Relative to Section 17, Department of Community Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Au thority for loans shall be available for nominal or no interest loans to counties, municipali ties, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.

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

Recipient

Purpose

Amount

City of Port Wentworth

Repairs to Firehouse

$ 25,000

Mitchell County

Contract for Economic Growth Study

7,000

Cobb County Board of Education

Construction of Physical Education Facility

50,000

City of Glennville

Expansion of Continuing Education Facility

25,000

Brantley County

Courthouse Renovations

22,000

Bacon County

Courthouse Renovations

25,000

City of Swainsboro

Historic District Renovations

25,000

City of Quitman

Historical Library Facility Renovations

25,000

City of Thomaston

Preservation of Robert E. Lee Institute

25,000

Floyd County

Modifications to Sarah Hightower Regional Library

15,000

City of LaGrange

Renovation of Alpha Multi-Purpose Center

40,000

Liberty County

Historic Trail Preservatiaon

15,000

City of Auburn

Construction of Recreational Facility 15,000

City of Macon

Program for Youth Athletics

10,000

Wayne County

Purchase of Rescue Unit

10,000

City of Odum

Water and Sewer System Improvements

15,000

City of Buford

Construction of Utility Line

50,000

Americus City Board of Education Planning for School Merger

25,000

City of Stone Mountain

Operations of Commission on Holocaust

10,000

City of Guyton Turner County

Purchase of Vehicle Construction of Recreational Facility

13,300 10,000

Columbus/Muscogee County

Operation of Two Thousand Opportunities, Inc.

50,000

Columbus/Muscogee County

Operation of Lindsey Creek Community Center

3,000

Columbus/Muscogee County

Operation of Combined Communities of Southeast Columbus

25,000

Rabun County

Construction of Public Safety Facility 50,000

Rabun County

Renovation of Headstart Facility

15,000

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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
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
DeKalb County

Robertstown Water System Construction
Preservation of Historical William Root House
Renovation of Education Facility
Purchase of Properties for Park
Operations of 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
Community Development Center Operations
Renovations to 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
Purchase of Automated Fingerprint Information System
Land Preparation and Acquisition for Industrial Park
Scotdale Youth Development Program Operations

25,000
25,000
40,000 50,000 15,000
20,000 20,000 50,000 550,000
250,000
913,000
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
194,400
90,000
20,000

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379

Richmond County Board of Education Renovations to Davidson Fine Arts Magnet School

75,000

Richmond County Board of Education Renovations to A.R. Johnson Magnet School

40,000

Terrell County

Roof Repairs to Terrell County Library

100,000

City of Rockmart

Senior Citizen Center Operations

40,000

City of Decatur

Contract for Services from Georgia School-Age Care Association

75,000

City of Perry

Operation of Genesis House

20,000

Athens/Clark County

Operation of Safe Campus Now Program

30,000

Union County

Construction of Senior Citizen House 100,000

Coffee County

Operations of Highway 441 Economic 25,000 Development Coalition

Pulaski County

Purchase of Equipment for Courthouse

25,000

Worth County

Construction on Livestock Pavillion

10,000

Wilkinson County Board of Education Construction to High School

25,000

Mitchell County

Improvements to Industrial Park

25,000

Deeatur County Board of Education Construction of Physical Education Facility

25,000

Floyd County Board of Education

Purchase of Equipment for Model High School

25,000

City of Baxley

Planning for Continuing Education Facility

25,000

Union County Board of Education

Construction and Purchase of Equipment

48,190

Columbus/Muscogee County

Planning for a regional educational/ cultural facility

250,000

Section 57. 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 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 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

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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 dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet cri teria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SPY 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 imple mented the uniform statewide needs program, and has the commitments of each anticipated member system to contribute at least the same equivalent amount during SPY 1995 that it contributed during SPY 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 sys tem 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 mid dle grades (6-8) in methods of teaching responsible sex education.
Provided, however, that the portion of the Governor's Scholarship Program that is in tended for salutatorians, valedictorians, and STAR students must be only for students from accredited high schools.
It is the intent of this General Assembly that the Department of Education accumulate empirically-based data to support educational research and program evaluation.
It is the intent of this General Assembly that the department continue the Student Profiles activity with existing funds.
Provided, however, that it is the intent of the General Assembly that every classroom teacher in grades K-5 shall have a duty-free lunch period.
Provided, that the Governor's Scholarship Program shall include the following gradu ates from accredited high schools in Georgia with minimum full-time equivalent (FTE) counts in grades 9 through 12 as noted: high schools with 150 or more FTE count, the valedictorian, salutatorian and Star Student; high schools with 100 to 149 FTE count, the valedictorian and Star Student; high schools with 50 to 99 FTE count, the valedictorian.
It is the intent of the General Assembly that the mid-term adjustment to the Quality Basic Education formula grants and calculations for the ensuing fiscal year Quality Basic Education formula grants be based on the corrected full-time equivalent student count as received by the Department of Education from each local school system as of the last work ing day prior to Thanksgiving Day of the applicable fiscal year pursuant to Code Sections 20-2-160 and 20-2-162(a). The corrected full-time equivalent count shall be transmitted to the Office of Planning and Budget by the Department of Education by the close of business on the same day.

TUESDAY, FEBRUARY 7, 1995

381

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 kinder garten programs in Fiscal Year 1993.

Provided, that the above amount of Lottery funds appropriated for Next Generation School Grants shall be used for the purchase of equipment, computer hardware and com puter software only.

Provided, that of the funds appropriated in Section 20, $8,926,440 is designated and committed to pay for the settlement of Civil Action File No. CV-490-191, Board of Public
Education of the city of Savannah and the County of Chatham, et al. vs. State of Georgia.

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, 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 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 selected programs to the extent that federal funds become available on a continuing basis.
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 Of fice 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.

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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 retarda tion hospital to the community setting.
Provided, the Department of Human Resources is authorized to transfer funds be tween the Personal Services object class and the Per Diem, Fees and Contracts object class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not re quire 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 assistance allocation, the Department is authorized to expend these new funds on imple menting a program of additional vaccine purchase to increase immunization rates, pro vided 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 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, funding for recently introduced and techno logically advanced psychotropic medications may be transferred among the MH/MR/SA in stitution and community programs as needed for the benefit of clients who receive these medications. Such transfers shall not require prior budgetary approval.
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.

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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 the 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, non-emergency 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 year 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 (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

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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 ac cordance 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-issu ance buses or the training of license examiners after initial training.
It is the intent of this General Assembly that the department purchase full-size pur suit 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 pro grams and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Provided, that of the above amount, $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 edu cational and agricultural purposes to activities that comprise Budget Unit "B"-Regents Central Office and Other Organized Activities.
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 Edu cation. 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.
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 provisons 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.

TUESDAY, FEBRUARY 7, 1995

385

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 paya ble 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 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 $507,374,684 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assist ance 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 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 Meas ures, 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 trans fer funds from this section to the appropriate departmental budgets in amounts equal to

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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 specifi cally 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 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 contractor 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.

TUESDAY, FEBRUARY 7, 1995

387

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 de partment, 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 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 com mencing 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 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.)(l.) 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 adminis tration of the annual operating budget.
Section 81. 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 combination of budget units within a designated section, respectively, and shall supersede the object clas sification 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

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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.
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.

Principal Amount

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

Renovation of Trinity-Washington Building

15,000,000

Renovation of the #2 Peachtree Street Building

10,000,000

Construction and equipment for Forensic Sciences Lab in Chattooga Co.

3,400,000

Perimeter fencing and gatehouse at Lorenzo Benn Youth Detention Center

315,000

Renovation of four cottages at Millegeville Youth Detention Center

435,000

Replacement of HVAC systems at Augusta Youth Detention Center and Rome Regional Youth Detention Center

290,000

Replacement of centralized fire alarm/evacuation system at Millegeville Youth Detention Center

110,000

Roofing projects at Augusta Youth Detention Center

50,000

Additional costs associated with construction of the Savannah Youth Detention Center

700,000

Design and construction of 400-bed units at Autry, Dooly, Macon and Washington correctional institutions

24,000,000

Two 150-bed units at the Eastman Youth Development facility

12,000,000

Repairs, renovations and other projects at various correctional facilities statewide

2,760,000

Construction of a new state health laboratory

13,000,000

Renovations at Georgia Industries for the Blind at Bainbridge

500,000

Roofing projects at Atlanta Regional Hospital

620,000

Design of a new Augusta Visitor Information Center and major repairs and renovations to the state's visitor information centers

550,000

Construction of a Children's Medical Center at the Medical College of Georgia

42,385,000

Cost overruns associated with dormitory projects at Georgia Tech

5,000,000

Land acquisition and limited site development for the future expansion of the Georgia World Congress Center

10,000,000

Debt Service 1,440,000 960,000 326,400 30,240 41,760
27,840 10,560 4,800 67,200
2,304,000 1,152,000
264,960 1,248,000
48,000 59,520
52,800 4,068,960
480,000
960,000

TUESDAY, FEBRUAEY 7, 1995

389

Cost overruns of the Georgia World Congress Center pedestrian plaza
Construction of a laboratory at Northwest Georgia Regional Hospital
Provide low interest bonds to local governments for water, sewer and wastewater treatment projects
Construction of a women's probation detention center in N.W. Georgia
B.) Maturities not to exceed sixty months.
Replacement of Unisys mainframe computer for law enforcement
Renovation of mechanical systems in the Archives Building
Renovation of elevators in state-owned buildings
Design of two 150-bed youth detention centers in Mclntosh and Muscogee Counties and two 100-bed YDC's
Renovations to the kitchen and laundry and the conversion of the high temperature/high pressure water system at Brook Run Hospital
Renovation of the water tank at Central State Hospital
Design of a new health and physical education facility at Albany State College

4,000,000 4,140,000
16,500,000 2,240,000
5,000,000 2,250,000 2,000,000
2,440,000
565,000 220,000 540,000

384,000 397,440
1,584,000 215,000
1,185,000 533,250 474,000
578,280
133,905 52,140 127,980

Section 84. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1995

$10,226,138,444

Section 85. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 86. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

Senator Gochenour of the 27th offered the following amendment:

Amend the Appropriations Committee Substitute to H.B. 201 by adding to Section 58, line 1879, page 41, the following provisions relative to Section 20, State Board of Educa tion, Department of Education.

Provided further, it is the intent of this General Assembly that sex education programs shall not promote behavior that is inconsistent with current Georgia State laws.

Senator Gochenour of the 27th asked unanimous consent that his amendment be withdrawn.

The consent was granted and the Gochenour amendment to the committee substitute was withdrawn.

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Senators McGuire of the 30th, Edge of the 28th, Gochenour of the 27th, et al. offered the following substitute to HB 201:

A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1994-1995 known as the "General Appropriations Act", approved April 18, 1994 (Ga. L. 1994, p. 1506), so as to change certain appropriations for the State Fiscal Year 1994-1995; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1994-1995, as amended, known as the "General Appropriations Act", approved April 18, 1994 (Ga. L. 1994, p. 1506), is further amended by striking everything following the enacting clause through Section 87, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1994, and ending June 30, 1995, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, in cluding surplus, reserves and a revenue estimate of $9,492,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1995.

PARTI.
LEGISLATIVE BRANCH
Section I. General Assembly. Budget Unit: General Assembly ................................. .$24,203,650 Personal Services--Staff ...................................... .$12,482,319 Personal Services--Elected Officials .............................. $3,809,504 Regular Operating Expenses .................................... $2,789,448 Travel--Staff.................................................... $86,500 Travel--Elected Officials ........................................... $7,000 Capital Outlay .................................................... $--0-- Equipment ..................................................... $183,500 Computer Charges .............................................. $488,000 Real Estate Rentals ............................................... $5,000 Telecommunications ............................................. $656,000 Per Diem, Fees and Contracts--Staff.............................. $103,970 Per Diem, Fees and Contracts--Elected Officials ................... $2,389,609 Photography..................................................... $70,000 Expense Reimbursement Account ................................ $1,132,800 Total Funds Budgeted ........................................ .$24,203,650 State Funds Budgeted ........................................ .$24,203,650

Senate Functional Budgets Total Funds

Senate and Research Office

$ 3,559,136

Lt. Governor's Office

$

707,675

Secretary of the Senate's Office

$ 1,172,625

Total

$ 5,439,436

State Funds

$ 3,559,136

$

707,675

$ 1,172,625

$ 5,439,436

TUESDAY, FEBRUARY 7, 1995

391

House Functional Budgets Total Funds

House of Representatives and Research Office

$ 9,204,912

Speaker of the House's Office

$

517,887

Clerk of the House's Office

$ 1,324,270

Total

$ 11,047,069

State Funds

$ 9,204,912

$

517,887

$ 1,324,270

$ 11,047,069

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

Joint Functional Budgets Total Funds
$ 2,459,165 $ 2,254,263 $ 1,029,240 $ 1,974,477
$ 7,717,145

State Funds $ 2,459,165 $ 2,254,263 $ 1,029,240 $ 1,974,477 $ 7,717,145

For compensation, expenses, mileage, allowances, travel and benefits for members, of ficials, 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 Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, 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 refur bishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legisla tive office space, committee rooms, or staff support service areas in any State-owned build ing 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 Leg islative 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 notwith standing, 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 expen diture 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 deter mining 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

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Travel ....................................... 1................. $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 Expenses ............................................ $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 .................................... $6,269,416 Personal Services .............................................. $5,615,839 Operating Expenses ............................................. $703,577 Total Funds Budgeted .......................................... $6,319,416 State Funds Budgeted .......................................... $6,269,416
Section 5. Superior Courts. Budget Unit: Superior Courts ................................... .$51,050,860 Operation of the Courts ........................................ $49,839,417 Prosecuting Attorneys' Council. .................................. $1,969,089 Sentence Review Panel .......................................... $168,158 Council of Superior Court Judges ................................. $135,417 Judicial Administrative Districts ................................. $1,242,858 Total Funds Budgeted ........................................ .$53,354,939 State Funds Budgeted ......................................... $51,050,860
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ..................................... $1,023,530
Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education .............. $652,490 Institute's Operations............................................ $513,260 Georgia Magistrate Courts Training Council ....................... $139,230 Total Funds Budgeted ........................................... $652,490 State Funds Budgeted ........................................... $652,490
Section 8. Judicial Council. Budget Unit: Judicial Council ..................................... $1,802,442 Council Operations ............................................. $1,262,686 Case Counting ................................................... $76,500 Board of Court Reporting ......................................... $70,756 Payment to Council of Magistrate Court Judges ..................... $26,700 Payment to Council of Probate Court Judges ........................ $20,000 Payment to Council of State Court Judges .......................... $12,000 Payment to Council of Superior Court Clerks ........................ $33,800 Payment to Resource Center ..................................... $300,000

TUESDAY, FEBRUARY 7, 1995

393

Total Funds Budgeted .......................................... $1,802,442 State Funds Budgeted .......................................... $1,802,442
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ..................... $148,808
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 ............... $1,244,331 Operating Expenses ............................................. $561,763 Computerized Information Network ............................... $682,568 Total Funds Budgeted .......................................... $1,244,331 State Funds Budgeted .......................................... $1,244,331

PART III.
EXECUTIVE BRANCH
Section 12. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ............. $36,140,264
Personal Services ............................................. $42,444,445 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 ................................................... $300,000 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 ....................................... .$163,978,956 State Funds Budgeted ........................................ .$36,140,264

Department of Administrative Services Functional Budgets Total Funds

Executive Administration

$ 1,821,451 $

Departmental Administration

$ 2,850,123 $

Statewide Systems

$ 11,025,460 $

Space Management

$

493,362 $

Procurement Administration

$ 2,856,088 $

General Services

$

413,823 $

Central Supply Services

$ 17,174,449 $

State Funds 619,823
2,746,241 8,275,460
493,362 2,856,088
--0-- --0--

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JOURNAL OF THE SENATE

Data Processing Services

$ 48,036,887 $ 13,766,925

Motor Vehicle Services

$ 3,699,601 $

--0--

Communication Services

$ 61,469,426 $ 5,850,000

Printing Services

$ 6,941,632 $

--0--

Surplus Property

$ 2,131,569 $

Mail and Courier Services

$ 1,251,839 $

Risk Management

$ 2,520,444 $

State Properties Commission

$

470,332 $

Distance Learning and Telemedicine

$

--0-- $

Office of the Treasury

$

822,470 $

Total

$ 163,978,956 $

B. Budget Unit: Georgia Building Authority ........................... $--0-- Personal Services ............................................ .$20,059,211
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, Pees and Contracts .................................... $335,000 Capital Outlay .................................................... $--0-- Utilities....................................................... $8,950,000 Contractual Expense ........................................... $1,047,272 Facilities Renovations and Repairs .................................. $--0-- Total Funds Budgeted ........................................ .$36,134,234 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

$ 12,530,720

Railroad Excursions

$ 1,743,917

Facility Renovations

$

--0--

Total

$ 36,134,234

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 ......... $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--

TUESDAY, FEBRUARY 7, 1995

395

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, 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

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

State Funds

4p 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

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JOURNAL OF THE SENATE

B. Budget Unit: Georgia Agrirama Development Authority .............. $--0-- Personal Services ............................................... $851,649 Regular Operating Expenses ..................................... $170,568 Travel ........................................................... $5,000 Motor Vehicle Purchases .......................................... $12,500 Equipment ...................................................... $35,150 Computer Charges ................................................ $5,000 Real Estate Rentals ............................................... $--0-- Telecommunications ............................................... $7,420 Per Diem, Fees and Contracts ...................................... $7,950 Capital Outlay................................................... $75,000
Goods for Resale ................................................ $113,200 Total Funds Budgeted .......................................... $1,283,437 State Funds Budgeted ............................................. $--0--

Section 15. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance .................. $8,614,966 Personal Services .............................................. $6,982,155
Regular Operating Expenses ..................................... $384,985 Travel ......................................................... $392,080 Motor Vehicle Purchases ......................................... $104,080
Equipment ...................................................... $26,730 Computer Charges .............................................. $341,668 Real Estate Rentals ............................................. $302,436
Telecommunications .............................................. $70,832 Per Diem, Fees and Contracts ..................................... $10,000 Total Funds Budgeted .......................................... $8,614,966 State Funds Budgeted .......................................... $8,614,966

Section 16. Department of Children and Youth Services. Budget Unit: Department of Children and Youth Services ........... $89,554,868 Personal Services ............................................ .$62,348,191 Regular Operating Expenses .................................... $4,453,680 Travel ......................................................... $765,800 Motor Vehicle Purchases ......................................... $234,700 Equipment ..................................................... $304,095
Computer Charges .............................................. $255,600 Real Estate Rentals ............................................ $1,540,689 Telecommunications ............................................. $738,400 Per Diem, Fees and Contracts ................................... $2,660,000 Utilities....................................................... $2,027,600
Institutional Repairs and Maintenance ............................ $547,600 Grants to County-Owned Detention Centers ....................... $2,686,400 Service Benefits for Children .................................. .$13,329,313
Purchase of Service Contracts .................................... $308,000 Capital Outlay................................................... $28,000 Total Funds Budgeted ........................................ .$92,228,068
State Funds Budgeted ........................................ .$89,554,868

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

State Funds $ 21,044,903 $ 7,701,969 $ 7,585,491 $ 4,373,823

TUESDAY, FEBRUARY 7, 1995

397

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

4,915,500 15,937,033 2,979,860
901,314 964,130 15,132,820 895,497 671,091 7,356,537 120,000 92,228,068

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

Section 17. Department of Community Affairs.

Budget Unit: Department of Community Affairs.................... $31,834,030

Personal Services .............................................. $5,646,703

Regular Operating Expenses ..................................... $230,905

Travel ......................................................... $157,750

Motor Vehicle Purchases .......................................... $12,000

Equipment ....................................................... $6,040

Computer Charges .............................................. $169,000

Real Estate Rentals ............................................. $549,166

Telecommunications .............................................. $46,211

Per Diem, Fees and Contracts ................................... $2,160,500

Capital Felony Expenses ........................................... $--0--

Business Disaster Recovery Program ............................. $4,000,000

Contracts with Regional Development Commissions ................ $2,272,825

Local Assistance Grants ........................................ $3,880,890

Appalachian Regional Commission Assessment ...................... $94,731

Community Dvelopment Block Grants (Federal) .................. $29,000,000

National and Community Service Program ......................... $250,000

Payments to Music Hall of Fame Authority

$257,480

Payments to Sports Hall of Fame ................................. $100,000

Local Development Fund......................................... $750,000

Payment to State Housing Trust Fund............................ $4,625,000

Payment to Georgia Housing Finance Authority ................... $6,457,967

Payment to Georgia Environmental Facilities Authority ............ $1,695,467

Regional Economic Business Assistance Grants .................... $1,000,000

Local Government Efficiency Grant Program ....................... $750,000

State Commission on National and Community Service .............. $180,000

Total Funds Budgeted ........................................ .$64,292,635

State Funds Budgeted ........................................ .$31,834,030

Department of Community Affairs Functional Budgets Total Funds

Office of Commissioner

27,461,002

Government Management

1,534,235

Financial Assistance

32,858,749

Coordinated Planning

2,438,649

Total

64,302,635

State Funds 26,186,935 1,534,235 1,837,965 2,274,895 31,844,030

Section 18. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation ........ .$631,865,608

398

JOURNAL OF THE SENATE

Personal Services ............................................ $445,080,150 Regular Operating Expenses ................................... $62,560,607 Travel ........................................................ $2,110,975 Motor Vehicle Purchases ........................................ $3,114,564 Equipment .................................................... $4,169,710 Computer Charges ............................................. $5,012,000 Real Estate Rentals ............................................ $5,581,082 Telecommunications ............................................ $5,822,295 Per Diem, Fees and Contracts ................................... $6,377,814 Capital Outlay .................................................... $--0-- Utilities..................................................... .$20,547,180 Court Costs .................................................... $950,000 County Subsidy ...............................................$13,928,400 County Subsidy for Jails ........................................ $2,117,200 County Workcamp Construction Grants.............................. $--0-- Central Repair Fund ............................................ $886,000 Payments to Central State Hospital for Meals ..................... $3,985,806 Payments to Central State Hospital for Utilities ................... $1,340,100 Payments to Public Safety for Meals .............................. $459,900 Inmate Release Fund ........................................... $1,400,000 Health Services Purchases .................................... .$51,967,153 Payments to MAG for Health Care Certification ..................... $60,400 University of Georgia--Cooperative Extension Service
Contracts .................................................... $352,357 Minor Construction Fund .......................................... $--0-- Total Funds Budgeted ....................................... .$637,823,693 Indirect DOAS Funding.......................................... $450,000 Georgia Correctional Industries ..................................... $--0-- State Funds Budgeted ....................................... .$631,865,608

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 67,746,619 $ 66,755,519

Institutions and Support

$ 463,081,827 $ 461,251,002

Probation

$ 106,995,247 $ 103,859,087

Total

$ 637,823,693 $ 631,865,608

B. Budget Unit: Board of Pardons and Paroles ..................... $37,933,656 Personal Services ............................................ .$30,885,996 Regular Operating Expenses .................................... $1,140,630 Travel ......................................................... $678,400 Motor Vehicle Purchases ......................................... $264,500 Equipment ..................................................... $167,500 Computer Charges .............................................. $428,130 Real Estate Rentals ............................................ $2,623,000 Telecommunications ............................................. $838,000 Per Diem, Fees and Contracts .................................... $252,500 County Jail Subsidy ............................................. $650,000 Health Services Purchases ......................................... $5,000 Total Funds Budgeted ........................................ .$37,933,656 State Funds Budgeted ........................................ .$37,933,656

Section 19. Department of Defense. Budget Unit: Department of Defense............................... $4,767,965 Personal Services .............................................. $7,458,452 Regular Operating Expenses .................................... $5,009,530

TUESDAY, FEBRUARY 7, 1995

399

Travel .......................................................... $24,100 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $24,500 Computer Charges ............................................... $12,900 Real Estate Rentals .............................................. $10,000 Telecommunications .............................................. $43,245 Per Diem, Fees and Contracts .................................... $563,400 Capital Outlay .................................................... $--0-- Total Funds Budgeted ........................................ .$13,146,127 State Funds Budgeted .......................................... $4,767,965

Department of Defense Functional Budgets Total Funds

Office of the Adjutant General

$ 2,041,592

Georgia Air National Guard

$ 4,604,969

Georgia Army National Guard

$ 6,499,566

Total

$ 13,146,127

State Funds

$ 1,917,315

$

533,129

$ 2,317,521

$ 4,767,965

Section 20. State Board of Education--Department of Education. A. Budget Unit: Department of Education ....................... $3,495,822,405
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: KindergartenXGrades 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 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................................. .$71,734,084 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

400

JOURNAL OF THE SENATE

Non-QBE Grants: Education of 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 ......................................... .$22,029,854 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 Youth Apprenticeship Grants .................................... $2,000,000 Remedial Summer School ....................................... $1,876,182 Alternative Programs........................................... $7,500,000 Superintendent's Base Salary.................................... $1,130,820 Environmental Science Grants.................................... $100,000 Pay for Performance ............................................ $1,650,000 Total Funds Budgeted ...................................... $4,031,489,793 Indirect DOAS Services Funding .................................. $340,000 State Funds Budgeted ...................................... $3,495,822,405

TUESDAY, FEBRUARY 7, 1995

401

Education Functional Budgets Total Funds

State Funds

State Administration

$ 4,891,919 $ 4,276,036

Instructional Services

$ 22,737,569 $ 18,283,984

Governor's Honors Program

$ 1,194,075 $ 1,105,305

Administrative Services

$ 25,251,325 $ 20,882,683

Special Services

$ 6,430,750 $ 3,114,536

Professional Practices Commission

$

837,039 $

837,039

Local Programs

$ 3,954,433,508 $ 3,432,381,678

Georgia Academy for the Blind

$ 4,700,018 $ 4,486,530

Georgia School for the Deaf

$ 6,316,309 $ 6,128,184

Atlanta Area School for the Deaf

$ 4,697,281 $ 4,326,430

Total

$ 4,031,489,793 $ 3,495,822,405

B. Budget Unit: Lottery for Education ........................... .$107,300,000 Pre-Kindergarten for 4-year-olds ................................ $80,000,000 Applied Technology Labs ........................................ $6,300,000 Next Generation Schools ......................................... $500,000 Drug and Anti-Violence Education ............................... $1,000,000 Alternative Programs........................................... $8,500,000 Educational Technology Centers .................................. $900,000 Distant Learning--Satellite Dishes............................... $2,300,000 Model Technology Schools ....................................... $7,800,000 Total Funds Budgeted ....................................... .$107,300,000 Lottery Funds Budgeted ..................................... .$107,300,000

Section 21. Employees' Retirement System. Budget Unit: Employees' Retirement System........................ $2,880,000 Personal Services .............................................. $1,582,338 Regular Operating Expenses ..................................... $337,000 Travel .......................................................... $20,500 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $13,113 Computer Charges .............................................. $532,528 Real Estate Rentals ............................................. $302,000 Telecommunications .............................................. $24,886 Per Diem, Fees and Contracts ................................... $1,091,500 Benefits to Retirees ............................................ $2,880,000 Total Funds Budgeted .......................................... $6,783,865 State Funds Budgeted .......................................... $2,880,000

Section 22. Forestry Commission. Budget Unit: Forestry Commission ............................... $34,884,307 Personal Services ............................................ .$29,005,181
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 Contracts .................................... $475,898 Ware County Grant ............................................... $--0--
Ware County Grant for Southern Forest World ...................... $30,000

402

JOURNAL OF THE SENATE

Ware County Grant for Road Maintenance .......................... $60,000
Capital Outlay.................................................. $258,219 Total Funds Budgeted ......................................... $39,704,079 State Funds Budgeted ......................................... $34,884,307

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

State Funds

$

112,110

$ 30,889,936

$ 3,882,261

$ 34,884,307

Section 23. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation...................... $42,342,545 Personal Services ............................................ .$31,461,448 Regular Operating Expenses .................................... $2,847,215 Travel ......................................................... $696,306 Motor Vehicle Purchases ........................................ $1,006,000 Equipment ..................................................... $849,252 Computer Charges ............................................. $1,536,593 Real Estate Rentals ............................................ $1,890,852 Telecommunications ............................................. $772,726 Per Diem, Fees and Contracts .................................... $744,000 Evidence Purchased ............................................. $538,153 Capital Outlay .................................................... $--0-- Total Funds Budgeted ......................................... $42,342,545 Total State Funds Budgeted ................................... .$42,342,545

Georgia Bureau of Investigation Functional Budgets Total Funds

State Funds

Administration

$ 3,372,654 $ 3,372,654

Drug Enforcement

$ 9,952,847 $ 9,952,847

Investigative

$ 13,453,480 $ 13,453,480

Georgia Crime Information Center

$ 6,899,244 $ 6,899,244

Forensic Sciences

$ 8,664,320 $ 8,664,320

Total

$ 41,426,762 $ 41,426,762

Section 24. Office of the Governor. A. Budget Unit: Office of the Governor............................ .$73,853,754
Personal Services ............................................ .$14,844,297 Regular Operating Expenses ..................................... $907,815 Travel ......................................................... $297,944 Motor Vehicle Purchases ........................................... $--0-- Equipment ..................................................... $280,596 Computer Charges .............................................. $646,207 Real Estate Rentals ............................................ $1,052,178 Telecommunications ............................................. $344,761 Per Diem, Fees and Contracts ................................. .$36,642,515 Cost of Operations ............................................. $3,184,094 Mansion Allowance............................................... $40,000 Governor's Emergency Fund..................................... $4,350,000 Intern Stipends and Travel....................................... $165,000 Art Grants of State Funds ...................................... $3,007,357 Art Grants of Non-State Funds ................................... $359,004

TUESDAY, FEBRUARY 7, 1995

403

Humanities Grant--State Funds ................................... $60,000 Flood--Federal Match ........................................ .$37,895,000
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 Flood--Contingency ............................................ $7,000,000 Grants--Civil Air Patrol .......................................... $60,000 Total Funds Budgeted ....................................... .$114,368,660 State Funds Budgeted ......................................... $73,853,754

Office of the Governor Functional Budgets

Total Funds

Governor's Office

$ 52,634,094

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

$ 5,444,555

Office of State Olympic Coordination

$

229,148

Total

$ 114,368,660

State Funds

$ 52,634,094

$

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

$ 1,986,403

$

229,148

$ 73,853,754

B. Budget Unit: Lottery for Educatio

$500,000

Technology Grants .............................................. $500,000

Total Funds Budgeted ........................................... $500,000

Lottery Funds Budgeted ......................................... $500,000

Section 25. Department of Human Resources. A. Budget Unit: Department Operations ......................... .$652,352,869
1. General Administration and Support Budget: Personal Services ............................................ .$57,489,123 Regular Operating Expenses .................................... $3,189,098 Travel ........................................................ $1,285,367 Motor Vehicle Purchases ........................................ $1,326,625
Equipment ..................................................... $123,349 Real Estate Rentals ............................................ $4,953,294
Per Diem, Fees and Contracts .................................... $757,627 Computer Charges ............................................. $1,334,901 Telecommunications ............................................. $635,431 Special Purpose Contracts........................................ $244,000 Service Benefits for Children .................................. .$30,809,504 Purchase of Service Contracts .................................. $33,464,087 Institutional Repairs and Maintenance ............................. $67,500 Postage ........................................................ $961,336

404

JOURNAL OF THE SENATE

Payments to DMA-Community Care............................. $13,913,085 Total Funds Budgeted ........................................ $150,554,327 Indirect DOAS Services Funding.................................. $412,600 State Funds Budgeted ......................................... $95,713,905

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office

973,240 $

973,240

Budget Administration

2,094,214 $ 2,094,214

Office of Children and Youth

30,809,504 $ 22,564,521

Administrative Support Services

28,781,758 $ 28,710,868

Facilities Management

5,606,386 $ 4,485,460

Administrative Appeals

2,012,276 $ 2,012,276

Regulatory Services--Program Direction and Support

673,182 $

663,182

Child Care Licensing

2,859,304 $ 2,859,304

Health Care Facilities Regulation

8,623,498 $ 1,960,866

Fraud and Abuse

6,080,909 $ 2,275,651

Financial Services

5,623,547 $ 5,423,547

Auditing Services

1,805,459 $ 1,805,459

Personnel Administration Indirect Cost

1,719,924 $ 1,719,924 0 $ (7,945,954)

Public Affairs

516,081 $

516,081

Aging Services

50,686,150 $ 23,986,371

State Health Planning Agency

1,688,895 $ 1,608,895

Total

150,554,327 $ 95,713,905

2. Public Health Budget: Personal Services ............................................ .$53,018,646 Regular Operating Expenses .................................. .$74,968,194 Travel ......................................................... $980,169 Motor Vehicle Purchases ........................................... $--0-- Equipment ..................................................... $150,672 Real Estate Rentals ............................................ $1,234,239 Per Diem, Fees and Contracts ................................... $5,167,803 Computer Charges .............................................. $984,772 Telecommunications ............................................. $755,461 Crippled Children's Benefits ..................................... $8,131,654 Kidney Disease Benefits ......................................... $308,000 Cancer Control Benefits......................................... $3,280,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants .............................................. $60,000 Family Planning Benefits ........................................ $653,222 Crippled Children's Clinics ....................................... $672,400 Special Purpose Contracts........................................ $672,246 Purchase of Service Contracts ................................. .$11,815,246 Grant-In-Aid to Counties...................................... .$95,144,925 Institutional Repairs and Maintenance ............................. $34,500 Postage ........................................................ $139,801 Grants for Regional Maternal and Infant Care...................... $821,135 Total Funds Budgeted ....................................... .$258,993,085

TUESDAY, FEBRUARY 7, 1995

405

s Funding State Funds Budgeted

........ $549,718 $138,542,952

ilic Health Functional Budgets Total 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

$ 4,130,386

High-Risk Pregnant Women and Infants

$ 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

$ 1,708,630

Epidemiology

$

588,638

Immunization

$

958,300

Community Tuberculosis Controol

$ 5,707,977

Maternal and Child Health Management

$ 1,070,791

Infant and Child Health

$ 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

$ 5,355,679

Community Care

$ 3,944,655

Community Health Managemenit

$

515,748

Aids

$ 7,896,914

Vaccines

$ 11,462,507

Drug and Clinic Supplies

$ 3,220,025

Adolescent Health

$ 3,028,375

Public Health--Planning Counc:iills

$

172,330

Early Intervention

$ 11,362,384

Public Health--Division Indirec:t Cost

$

-- 0--

Total

$ 258,993,085

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

$ 2,485,942

$ 1,974,275

$

155,178

$ 9,171,297

$ (1,535,718)

$ 138,542,952

406

JOURNAL OF THE SENATE

3. Rehabilitation Services Budget: Personal Services ............................................. $68,077,629 Regular Operating Expenses ................................... $11,478,127 Travel ......................................................... $829,018 Motor Vehicle Purchases .......................................... $63,700 Equipment ..................................................... $527,225 Real Estate Rentals ............................................ $3,947,918 Per Diem, Fees and Contracts ................................... $7,536,461 Computer Charges ............................................. $2,313,365 Telecommunications ............................................ $1,522,688 Case Services................................................. $24,687,235 E.S.R.P. Case Services ............................................ $27,675 Special Purpose Contracts........................................ $692,387 Purchase of Services Contracts .................................. $9,131,679 Institutional Repairs and Maintenance ............................ $148,554 Utilities........................................................ $912,445 Postage ........................................................ $734,188 Total Funds Budgeted ....................................... .$132,630,294 Indirect DOAS Services Funding.................................. $100,000 State Funds Budgeted ......................................... $22,407,349

Rehabilitation Services Functional Budgets Total Funds

State Funds

District Field Services

43,323,823

8,923,416

Independent Living

581,518

581,518

Sheltered Employment

1,711,077

840,517

Community Facilities

8,208,236

3,234,533

State Rehabilitation Facilities Diversified Industries of Georgia Program Direction and Support

7,020,878 $ 1,493,678

$ 1,017,410

--0--

3,707,700

1,268,731

Grants Management Disability Adjudication

701,682 32,188,837

701,682 --0--

Georgia Factory for the Blind

12,070,947

861,387

Roosevelt Warm Springs Institute Total

22,098,186 132,630,294

4,501,887 22,407,349

4. Family and Children Services Budget: Personal Services ............................................. $42,058,297 Regular Operating Expenses .................................... $3,599,474 Travel ......................................................... $723,173 Motor Vehicle Purchases ........................................... $--0-- Equipment ..................................................... $348,301 Real Estate Rentals ............................................ $2,618,805 Per Diem, Fees and Contracts .................................. $17,996,733 Computer Charges ............................................ $23,398,034 Telecommunications ............................................ $3,990,060 Children's Trust Fund .......................................... $1,095,001 Cash Benefits................................................$475,072,728 Special Purpose Contracts....................................... $4,372,441 Service Benefits for Children ................................. .$175,368,346
Purchase of Service Contracts .................................. $17,214,020 Postage ....................................................... $3,437,860 Grants to County DFACS--Operations ........................ .$265,125,874

TUESDAY, FEBRUARY 7, 1995

407

Total Funds Budgeted ................. Indirect DOAS Services Funding ........ State Funds Budgeted .................

$1,036,419,147 , , $2,565,582
$396,966,837

Family and Children Services Functional Budgets Total Funds

Director's Office

$

392,582

Social Services

$ 4,203,192

Administrative Support

$ 5,735,820

Quality Assurance

$ 3,747,990

Community Services

$ 11,812,816

Field Management

$ 1,113,164

Human Resources Management

$ 1,956,998

Public Assistance

$ 27,561,625

Child Support Recovery

$ 49,598,729

AFDC Payments

$ 460,160,668

SSI-- Supplemental Benefits

$

100

Refugee Programs

$ 2,799,421

Energy Benefits

$ 12,966,539

County DFACS Operations--Eligibility

$ 103,504,250

County DFACS Operations--Social Services

$ 83,874,318

Food Stamp Issuance

$ 3,053,351

County DFACS Operations--Homemakers Services

$ 7,688,443

County DFACS Operations--Joint and Administration

$ 57,893,073

County DFACS Operations--Employability Program

$ 12,165,790

Employability Benefits

$ 26,196,997

Legal Services

$ 2,884,700

Family Foster Care

$ 32,999,018

Institutional Foster Care

$ 8,399,105

Specialized Foster Care

$ 2,198,812

Adoption Supplement

$ 9,538,644

Prevention of Foster Care

$ 10,375,743

Day Care

$ 90,303,653

Outreach -- Contracts

$

152,058

Special Projects

$ 1,620,548

Children's Trust Fund Commission

$ 1,521,000

Indirect Cost

$

-- 0--

Total

$ 1,036,419,147

State Funds

$

392,582

$ 3,825,008

$ 4,549,535

$ 3,747,990

$ 1,060,447

$ 1,113,164

$ 1,775,541

$ 12,391,277

$ 2,615,249

$ 173,526,588

$

100

$

--0--

$

----rV\J ----

$ 51,601,975

$ 31,404,255

$

-- 0--

$ 2,257,516

$ 27,083,660

$ 4,589,157

$ 10,841,651

$ 2,262,504

$ 20,682,619

$ 6,725,777

$ 1,920,404

$ 7,256,644

$ 3,866,012

$ 27,236,623

$

152,058

$ 1,595,766

$

-- 0--

$ (7,507,265)

$ 396,966,837

Budget Unit Object Classes:
pp-pcnn nl SPTVIPPS
Regular Operating Expenses ........... Travel ...............................

$220,643,695 $91,946,045 .. . ...$3,817,727

408

JOURNAL OF THE SENATE

Motor Vehicle Purchases ........................................ $1,390,325 Equipment .................................................... $1,149,547 Real Estate Rentals ........................................... $12,754,256 Per Diem, Fees and Contracts .................................. $31,458,624 Computer Charges ............................................ $28,031,072 Telecommunications ............................................ $6,903,640 Crippled Children's Benefits ..................................... $8,131,654 Kidney Disease Benefits ......................................... $308,000 Cancer Control Benefits......................................... $3,280,000 Benefits for Medically Indigent High-Risk Pregnant Women
and Their Infants .............................................. $60,000 Family Planning Benefits ........................................ $653,222 Case Services ................................................ .$24,687,235 E.S.R.P. Case Services ............................................ $27,675 Crippled Children's Clinics ....................................... $672,400 Children's Trust Fund .......................................... $1,095,001 Cash Benefits................................................$475,072,728 Special Purpose Contracts....................................... $5,981,074 Service Benefits for Children ................................. .$206,177,850 Purchase of Service Contracts ................................. .$71,625,032 Grant-In-Aid to Counties....................................... $95,144,925 Institutional Repairs and Maintenance ............................ $250,554 Utilities........................................................ $912,445 Postage ....................................................... $5,273,185 Payments to DMA-Community Care............................. $13,913,085 Grants for Regional Maternal and Infant Care...................... $821,135 Grants to County DFACS--Operations ........................ .$265,125,874 B. Budget Unit: Community Mental Health/Mental Retardation and Institutions ................................... .$466,936,617 Personal Services ........................................... .$366,682,923 Regular Operating Expenses ................................... $39,604,973 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 ....................................... .$675,050,670 Indirect DOAS Services Funding................................. $2,404,100 State Funds Budgeted ....................................... .$466,936,617

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 Institute

$ 34,569,122 $ 28,717,292

Georgia Regional Hospital at Augusta

$ 25,892,791 $ 21,946,847

TUESDAY, FEBRUARY 7, 1995

409

Northwest Regional Hospital at Rome Georgia Regional Hospital at Atlanta Central State Hospital Georgia Regional Hospital at Savannah Gracewood State School and Hospital West Central Georgia Regional Hospital Outdoor Therapeutic Program Mental Health Community Assistance Mental Retardation Community Assistance Day Care Centers for Mentally Retarded Supportive Living Georgia State Foster Grandparents/Senior
Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential
Services Contract with Clayton County Board of
Education for Autistic Children MH/MR/SA Administration Total

$ 30,594,111 $ 33,221,552 $ 146,500,716 $ 27,645,361 $ 50,238,017 $ 24,948,549 $ 3,708,584 $ 10,826,103 $ 4,104,906 $ 71,287,286 $ 30,212,332

$

745,160

$

543,800

$ 1,151,348

$ 64,022,592

$

444,351

$ 1,537,887

$

294,701

$

356,684

$ 4,313,255

21,594,619 25,784,116 88,923,826 22,536,190 25,004,580 20,195,462 2,809,466 10,716,686 3,100,764 34,968,028 26,767,915
745,160 543,800 1,151,348 59,983,400 444,351 1,342,387 294,701 356,684 4,313,255

$ 14,961,931 $ 14,961,931

95,472 11,082,015 675,050,670

95,472 6,762,699 466,936,617

Section 26. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism.......... .$19,316,102 Personal Services .............................................. $8,360,275 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 .................................. $171,600 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 ........................................ .$20,500,902 State Funds Budgeted ........................................ .$19,316,102

410

JOURNAL OF THE SENATE

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 ............................ $14,648,410 Personal Services ............................................. $12,844,345
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 ........................................ .$15,808,410 State Funds Budgeted ......................................... $14,648,410

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

$ 4,694,418

Total

$ 15,808,410

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 ................................ $7,176,250 Personal Services ............................................ .$66,661,469 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 ....................................... .$161,534,366 State Funds Budgeted .......................................... $7,176,250

TUESDAY, FEBRUARY 7, 1995

411

Department of Labor Functional Budgets Total Funds

Executive Offices/Administrative Services

$ 27,871,775

Employment and Training Services

$ 133,662,591

Total

$ 161,534,366

State Funds $ 5,330,899 $ 1,845,351 $ 7,176,250

Section 29. Department of Law. Budget Unit: Department of Law ................................ .$10,320,106 Personal Services .............................................. $9,471,091 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 ........................................ .$11,226,873 State Funds Budgeted ........................................ .$10,320,106

Section 30. Department of Medical Assistance. A. Budget Unit: Medicaid Services ........................... $1,154,138,650 Personal Services ............................................ .$13,726,336 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 Per Diem, Fees and Contracts ................................. .$66,926,024 Medicaid Benefits, Penalties and Disallowances................ $3,159,447,455 Audit Contracts ................................................. $772,500 SFY 1994 Medicaid Benefits, Penalties and Disallowances ........ .$44,325,329 Total Funds Budgeted ...................................... $3,309,917,638 State Funds Budgeted ...................................... $1,154,138,650

Medical Assistance Functional Budgets Total Funds

State Funds

Commissioner's Office

$ 65,208,944 $ 4,375,356

Benefits, Penalties and Disallowances

$ 3,203,772,784 $ 1,135,321,404

Community Services

$

988,342 $

366,753

Systems Management

$ 20,862,673 $ 5,320,501

Professional Services

$ 4,429,148 $ 2,053,729

Program Compliance

$ 3,829,948 $ 1,472,855

Maternal and Child Health

$ 2,024,480 $

924,140

Financial and Hospital Reimbursement

$ 1,584,161 $

762,424

Nursing Home Reimbursement

$

644,870 $

322,435

Nursing Home and Hospital Policy

$ 6,572,288 $ 3,219,053

Total

$ 3,309,917,638 $ 1,154,138,650

B. Budget Unit: Indigent Trust Fund ............................ .$139,287,133

412

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts ................................... $7,557,900
Benefits.....................................................$358,962,316 Total Funds Budgeted ....................................... .$366,520,216 State Funds Budgeted ....................................... .$139,287,133

Section 31. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration ................ $--0-- Personal Services .............................................. $7,880,972 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 ....................................... .$989,564,762 Other Agency Funds............................................. $114,920 Agency Assessments ........................................... $10,196,375 Employee and Employer Contributions ........................ .$979,105,270 Deferred Compensation .......................................... $148,197 State Funds ...................................................... $--0--

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

State Funds

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0---

Section 32. Department of Natural Resources. A. Budget Unit: Department of Natural Resources .................. $82,937,940
Operations Budget: Personal Services ............................................ .$67,477,298 Regular Operating Expenses .................................. .$14,472,058 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

TUESDAY, FEBRUARY 7, 1995

413

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 Georgia Heritage 2000 Grants .................................... $135,000 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................................. $187,259 U.S. Geological Survey for Ground Water Resources................. $300,000 U.S. Geological Survey for Topographic Mapping...................... $--0-- National War Museum........................................... $250,000 Hazardous Waste Trust Fund ................................... $8,918,534 Solid Waste Trust Fund ........................................ $5,363,868 Payments to Georgia Agricultural Exposition Authority............. $2,354,025 Payments to Mclntosh County .................................... $100,000 Georgia Boxing Commission ........................................ $7,000 Total Funds Budgeted ....................................... .$123,401,751 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 ........................................ .$82,937,940

Department of Natural Resources Functional Budgets Total Funds

State Funds

Internal Administration

$ 8,408,603 $ 8,408,603

Parks, Recreation and Historic Sites

$ 39,595,302 $ 14,242,473

Coastal Resources

$ 2,387,205 $ 2,270,955

Game and Fish

$ 32,067,653 $ 27,709,780

Environmental Protection

$ 38,958,986 $ 29,363,980

Pollution Prevention Program

$ 1,984,002 $

942,149

Total

$ 123,401,751 $ 82,937,940

B. Budget Unit: Georgia Agricultural Exposition Authority ............. $--0-- Personal Services .............................................. $1,912,944 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 .......................................... $4,341,025 State Funds Budgeted ............................................. $--0--

414

JOURNAL OF THE SENATE

Functional Budget Total Funds

Georgia Agricultural Exposition Authority

$ 4,341,025

State Funds

$

--0--

Section 33. Department of Public Safety.
A. Budget Unit: Department of Public Safety ....................... $94,010,610 1. Operations Budget:
Personal Services .............................................$56,915,264 Regular Operating Expenses .................................... $8,308,208 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 ........................................ .$74,895,231 Indirect DOAS Service Funding................................ . .$1,650,000 State Funds Budgeted ......................................... $73,245,231 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

$ 20,916,536 $ 19,416,536

Driver Services

$ 20,765,379 $ 20,765,379

Field Operations

$ 53,978,695 $ 53,828,695

Total

$ 95,660,610 $ 94,010,610

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

TUESDAY, FEBRUARY 7, 1995

415

Telecommunications ............................................. $144,490
Per Diem, Fees and Contracts .................................... $646,987 Peace Officers Training Grants .................................. $3,518,370 Capital Outlay .................................................... $--0--
Total Funds Budgeted ......................................... $14,793,074 State Funds Budgeted ......................................... $13,698,074 2. Office of Highway Safety Budget: Personal Services ............................................... $429,531 Regular Operating Expenses ...................................... $28,450 Travel ........................................................... $9,828 Motor Vehicle Purchases ........................................... $--0-- Equipment ....................................................... $3,168 Computer Charges ............................................... $37,080 Real Estate Rentals .............................................. $78,161 Telecommunications ............................................... $3,800 Per Diem, Fees and Contracts ...................................... $7,500
Highway Safety Grants ......................................... $2,760,000 Total Funds Budgeted .......................................... $3,357,518 State Funds Budgeted ........................................... $307,518

Attached Units Functional Budgets Total Funds

Office of Highway Safety

$ 3,357,518

Georgia Peace Officers Standards and Training $ 5,499,306

Police Academy

$ 1,057,938

Fire Academy

$ 1,158,915

Georgia Firefighters Standards and Training Council

$

466,052

Georgia Public Safety Training Facility

$ 6,610,863

Total

$ 18,150,592

State Funds

$

307,518

$ 5,499,306

$

992,938

$ 1,058,915

$

466,052

$ 5,680,863

$ 14,005,592

Section 34. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System ........... $9,640,000 Payments to Employees' Retirement System........................ $490,000 Employer Contributions......................................... $9,150,000 Total Funds Budgeted .......................................... $9,640,000 State Funds Budgeted .......................................... $9,640,000

Section 35. Public Service Commission. Budget Unit: Public Service Commission ........................... $8,382,229 Personal Services .............................................. $6,773,916 Regular Operating Expenses ..................................... $390,285 Travel ......................................................... $256,756 Motor Vehicle Purchases ......................................... $216,200 Equipment ...................................................... $36,174 Computer Charges .............................................. $408,660 Real Estate Rentals ............................................. $348,489 Telecommunications ............................................. $114,754 Per Diem, Fees and Contracts ................................... $1,688,000 Total Funds Budgeted ........................................ .$10,233,234 State Funds Budgeted .......................................... $8,382,229

416

JOURNAL OF THE SENATE

Administration Transportation Utilities Total

Public Service Commission Functional Budgets Total Funds
$ 1,693,672 $ 3,546,951 $ 4,992,611 $ 10,233,234

State Funds $ 1,693,672 $ 1,871,826 $ 4,816,731 $ 8,382,229

Section 36. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ............................ .$991,109,445
Personal Services: Educ., Gen., and Dept. Svcs.................................. $1,062,872,775 Sponsored Operations ....................................... .$140,000,000
Operating Expenses: Educ., Gen., and Dept. Svcs................................... .$255,384,706 Sponsored Operations ....................................... .$150,000,000 Special Funding Initiative..................................... .$10,688,094 Office of Minority Business Enterprise ............................. $308,856 Special Desegregation Programs .................................. $338,725 Forestry Research ............................................... $319,747 Research Consortium ........................................... $4,347,000 Capital Outlay.................................................. $250,000 Total Funds Budgeted ...................................... $1,624,509,903 Departmental Income......................................... .$40,000,000 Sponsored Income ........................................... .$290,000,000 Other Funds................................................ .$300,373,158 Indirect DOAS Services Funding................................. $3,027,300 State Funds Budgeted ....................................... .$991,109,445
B. Budget Unit: Regents Central Office and Other Organized Activities..................................................... .$155,269,081 Personal Services: Educ., Gen., and Dept. Svcs................................... .$245,195,570 Sponsored Operations ........................................ .$68,262,264 Operating Expenses: Educ., Gen., and Dept. Svcs................................... .$124,691,717 Sponsored Operations ........................................ .$38,852,768 Fire Ant and Environmental Toxicology Research ..................... $--0-- Agricultural Research .......................................... $1,991,867 Advanced Technology Development Center ........................ $1,890,857 Capitation Contracts for Family Practice Residency ................ $2,937,583 Residency Capitation Grants .................................... $2,484,870 Student Preceptorships .......................................... $146,400 Mercer Medical School Grant.................................... $6,244,350 Morehouse School of Medicine Grant ............................. $5,141,300 Capital Outlay.................................................. $332,090 Center for Rehabilitation Technology ............................. $2,189,510 SREB Payments ............................................... $5,960,000 Medical Scholarships ........................................... $1,248,086 Regents Opportunity Grants...................................... $600,000 Regents Scholarships ............................................ $200,000 . Rental Payments to Georgia Military College ....................... $821,295 CRT Inc. Contract at Georgia Tech Research Institute............... $212,983
Direct Payments to the Georgia Public Telecommunications Commission for Operations .................................... $8,078,773
Total Funds Budgeted ....................................... .$517,482,283 Departmental Income.............................................. $--0--

TUESDAY, FEBRUARY 7, 1995

417

Sponsored Income ........................................... .$106,039,476 Other Funds.................................................$255,618,026 Indirect DOAS Services Funding.................................. $555,700 State Funds Budgeted ....................................... .$155,269,081

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center

$ 1,812,259 $ 1,275,471

Skidaway Institute of Oceanography

$ 3,791,776 $ 1,460,887

Marine Institute

$ 1,317,167 $

916,444

Georgia Tech Research Institute

$ 127,199,259 $ 12,846,183

Education Extension Services

$ 8,463,549 $ 2,437,349

Agricultural Experiment Station

$ 52,846,849 $ 34,548,196

Cooperative Extension Service

$ 45,079,061 $ 27,620,704

Medical College of Georgia Hospital and Clinics $ 225,427,808 $ 30,449,184

Veterinary Medicine Experiment Station

$ 2,602,078 $ 2,602,078

Veterinary Medicine Teaching Hospital

$ 2,644,592 $

493,303

Joint Board of Family Practice Georgia Radiation Therapy Center

$ 22,395,342 $ 22,395,342

$ 2,719,756 $

--0--

Athens and Tifton Veterinary Laboratories

$ 2,947,130 $

90,098

Regents Central Office

$ 17,935,657 $ 17,833,842

Office of Technology Policy

$

300,000 $

300,000

Total

$ 517,482,283 $ 155,269,081

C. Budget Unit: Georgia Public Telecommunications Commission ........................................................ $--0-- Personal Services .............................................. $7,098,276 Operating Expenses ............................................ $9,478,750 Total Funds Budgeted ........................................ .$16,577,026 Other Funds..................................................$16,577,026 State Funds Budgeted ............................................. $--0--
D. Budget Unit: Lottery for Education ............................ .$46,925,000 Equipment, Technology and Construction Trust Fund ............ .$15,000,000 Capital Outlay--GPTV ......................................... $2,000,000 Georgia Research Alliance..................................... .$14,875,000 Capital Outlay............................................... .$15,000,000 Per Diem, Fees and Contracts ..................................... $50,000 Total Funds Budgeted ........................................ .$46,925,000 Lottery Funds Budgeted ...................................... .$46,925,000

Section 37. Department of Revenue. Budget Unit: Department of Revenue ............................. $86,628,745 Personal Services ............................................ .$55,033,453 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 FICA ........................ $3,369,000

418

JOURNAL OF THE SENATE

Grants to Counties/Appraisal Staff .................................. $--0-- Motor Vehicle Tags and Decals .................................. $3,245,955 Postage ....................................................... $3,496,176 Total Funds Budgeted ......................................... $91,310,716 Indirect DOAS Services Funding................................. $3,845,000 State Funds Budgeted ......................................... $86,628,745

Department of Revenue Functional Budgets Total Funds

Departmental Administration

6,654,475

Internal Administration

11,410,194

Electronic Data Processing

8,936,662

Field Services

17,946,427

Income Tax Unit

7,381,105

Motor Vehicle Unit

19,185,798

Central Audit Unit

7,127,628

Property Tax Unit

4,321,023

Sales Tax Unit

4,052,863

State Board of Equalization

46,000

Taxpayer Accounting

4,248,541

Total

91,310,716

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

Section 38. Secretary of State. A. Budget Unit: Secretary of State ............................... .$26,326,479
Personal Services ....'........................................ .$16,173,573
Regular Operating Expenses .................................... $3,692,497 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 Total Funds Budgeted ........................................ .$27,371,479

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 ......................... Reeular Operating Expenses ...............

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

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419

Travel .......................................................... $16,000 Motor Vehicle Purchases .......................................... $23,000 Equipment ....................................................... $8,000 Computer Charges .............................................. $350,000 Real Estate Rentals ............................................. $113,700 Telecommunications .............................................. $30,000 Per Diem, Fees and Contracts .................................... $118,000 Total Funds Budgeted .......................................... $1,949,825 State Funds Budgeted .......................................... $1,949,825

Real Estate Commission Functional Budget State Funds

Cost of Operations

Real Estate Commission

$ 1,949,825 $ 1,989,825

Section 39. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission .............. $1,926,187 Personal Services .............................................. $1,015,079 Regular Operating Expenses ..................................... $233,414 Travel .......................................................... $40,520 Motor Vehicle Purchases .......................................... $24,000 Equipment ...................................................... $12,115 Computer Charges ................................................ $7,500 Real Estate Rentals .............................................. $78,865 Telecommunications .............................................. $22,000 Per Diem, Fees and Contracts .................................... $631,350 County Conservation Grants ..................................... $424,000 Total Funds Budgeted .......................................... $2,488,843 State Funds Budgeted .......................................... $1,926,187

Section 40. Student Finance Commission. A. Budget Unit: Student Finance Commission ..................... .$27,272,133
Personal Services .............................................. $4,797,815 Regular Operating Expenses ..................................... $399,051 Travel ........................................................... $81,800 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $16,000 Computer Charges .............................................. $371,000 Real Estate Rentals .............................................. $24,763 Telecommunications ............................................. $142,000 Per Diem, Fees and Contracts ..................................... $42,757 Payment of Interest and Fees ...................................... $--0-- Guaranteed Educational Loans .................................. $4,076,000 Tuition Equalization Grants ................................... .$18,840,166 Student Incentive Grants ....................................... $5,003,940 Law Enforcement Personnel Dependents' Grants..................... $38,000 North Georgia College ROTC Grants ............................... $75,000 Osteopathic Medical Loans ....................................... $160,000 Georgia Military Scholarship Grants .............................. $593,600 Paul Douglas Teacher Scholarship Loans .......................... $425,000 Total Funds Budgeted ........................................ .$35,086,892 State Funds Budgeted ........................................ .$27,272,133

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Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration

$ 5,342,017 $

--0--

Higher Education Assistance Corporation

$

--0-- $

--0--

Georgia Student Finance Authority

$ 29,211,706 $ 26,738,964

Georgia Nonpublic Postsecondary Education Commission

$

533,169 $

533,169

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 Scholarship .............................. $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-- Equipment ...................................................... $24,150 Computer Charges .............................................. $967,136 Real Estate Rentals ............................................. $469,750 Telecommunications .............................................. $68,893 Per Diem, Fees and Contracts .................................... $376,000 Retirement System Members .................................... $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 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $15,000 Computer Charges .............................................. $406,730 Real Etate Rentals .............................................. $334,490 Telecommunications ............................................. $158,000 Per Diem, Fees and Contracts .................................... $704,000 Personal Services-Institutions ................................. .$99,797,501 Operating Expenses-Institutions ................................ $19,869,284 Capital Outlay .................................................... $--0-- Quick Start Program ........................................... $6,518,990 Area School Program .......................................... $25,012,445 Regents Program...............................................$2,758,900 Adult Literacy Grants ........................................ .$15,311,383 Total Funds Budgeted ....................................... .$175,099,793 State Funds Budgeted ....................................... .$144,432,715

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421

Functional Budgets Total Funds

State Funds

Administration

$ 5,831,290 $ 4,023,495

Institutional Programs

$ 169,268,503 $ 140,409,220

Total

$ 175,099,793 $ 144,432,715

B. Budget Unit: Lottery for Education ............................. $22,550,423 Computer Laboratories and Satellite Dishes--Adult
Literacy..................................................... $1,000,000
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 ..................... .$454,915,497 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.............................................. .$632,498,885 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 ...................................... $1,011,582,783 State Funds Budgeted ....................................... .$454,915,497

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction

$ 762,267,424

Maintenance and Betterments

$ 196,819,300

Facilities and Equipment

$ 12,062,562

Administration

$ 23,126,927

Total

$ 994,276,213

General Funds Budget

Total Funds

Planning and Construction

$ 1,625,316

Air Transportation

$ 1,403,525

Inter-Modal Transfer Facilities

$ 13,597,729

Harbor/Intra-Coastal Waterways Activities

$

680,000

Total

$ 18,931,886

State Funds

$ 226,740,895

$ 185,619,300

$ 11,512,562

$ 22,501,927

$ 442,374,684

State Funds

$ 1,625,316

$ 1,016,525

$ 5,218,972

$

680,000

$ 10,166,129

Section 44. Department of Veterans Service. Budget Unit: Department of Veterans Service...................... $23,661,066

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Personal Services .............................................. $4,769,335 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........... .$17,386,621 Operating Expense/Payments to Medical College of Georgia ........ $6,970,976 Regular Operating Expenses for Projects and Insurance ............. $325,825 Total Funds Budgeted ........................................ .$30,157,557 State Funds Budgeted ........................................ .$23,661,066

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

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) ................................... .$38,007,405 Motor Fuel Tax Funds (New) ................................... $--0-- $38,007,405

Section 47. Provisions Relative to Section 1, General Assembly. It is the intent of the General Asssembly that the funds for the Budget Responsibility Oversight Commission (BROC) be used for the initial staffing 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.

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423

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 em ployees 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 em ployees of the Court.
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 Dis trict Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-1840, 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 Chair man 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 experi ence to attend 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 Af fairs Sub-Committee not later than September 15, 1994 with possible extention of 60 days if not completed; 3.) Selected option shall be competitively bid; 4.) Office of Information Technology 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

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construction of a State System to be considered must meet standards set forth by the Amer ican 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. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Au thority for loans shall be available for nominal or no interest loans to counties, municipali ties, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.
Provided, that from the appropriation made above for "Local Assistance Grants", spe cific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

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

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
Operations of Commission on Holocaust
Purchase of Vehicle
Construction of Recreational Facility
Operation of Two Thousand Opportunities, Inc.

$ 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

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425

Columbus/Muscogee County

Operation of Lindsey Creek Community Center

Columbus/Muscogee County

Operation of Combined Communities of Southeast Columbus

Rabun County

Construction of Public Safety Facility

Rabun County

Renovation of Headstart Facility

White County

Robertstown Water System Construction

Cobb County

Preservation of Historical William Root House

Lanier County Board of Education Renovation of Education Facility

City of Augusta

Renovation of Historic Ezekiel Harris Home

Wayne County

Operations of Motherhood and Beyond Project

City of Canon

Water System Repairs

City ofMenlo

Water System Improvements

Georgia Building Authority

Capitol Preservation

Chatham County

Planning for the Maritime Trade Center

City of Atlanta

"Public Access and Teacher Education Program at Clark Atlanta University

Houston County

Expansion and Operation of Aviation Museum and Hall of Fame

City ofClarkston

Community Development Center Operations

City of Stapleton

Renovations to Volunteer Fire Department Facility

Columbia County

Volunteer Fire Department Operations

City of Rome

Camp Good Times Operation

Columbia County Board of Education Renovations to Evans Middle School

City of Pearson

Renovations to City Hall

Harris County

Purchase of Sanitation Truck

Talbot County

Preservation of Historic Records

Liberty County

National Guard Operation

City of Darien

Purchase of Sanitation Truck

City of Marshallville

Preservation of Historic District

Burke County

Operation of Boggs Rural Life Center

Screven County

Repairs to Livestock Facility

Screven County

Repairs to Fire Station

City of Macon

Operation of Booker T. Washington Community Center Youth Programs

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
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

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Glynn County

Parent and Child Development, Inc. Operations

10,000

Dougherty County
Crawford County City of Scotdale

Purchase of Automated Fingerprint Information System
Land Preparation for Industrial Park
Scotdale Youth Development Program Operations

194,400
90,000 20,000

Richmond County Board of Education Renovations to Davidson Fine Arts Magnet School

75,000

Richmond County Board of Education Renovations to A.R. Johnson Magnet School

40,000

Terrell County

Roof Repairs to Terrell County Library

100,000

City of Rockmart

Senior Citizen Center Operations

40,000

City of Decatur

Contract for Services from Georgia School-Age Care Association

75,000

City of Perry

Operation of Genesis House

20,000

Athens/Clark County

Operation of Safe Campus Now Program

30,000

Union County

Construction of Senior Citizen House 100,000

Coffee County

Operations of Highway 441 Economic Development Coalition

25,000

Pulaski County

Purchase of Equipment for Courthouse

25,000

Worth County

Construction on Livestock Pavillion

10,000

Wilkinson County Board of Education Mitchell County Decatur County Board of Education
Floyd County Board of Education

Construction to High School
Improvements to Industrial Park
Construction of Physical Education Facility
Purchase of Equipment for Model High School

25,000 25,000 25,000
25,000

City ofBaxley

Planning for Continuing Education Facility

25,000

Union County Board of Education

Purchase of Equipment

48,190

Section 57. 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 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 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

TUESDAY, FEBRUARY 7, 1995

427

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 dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet cri teria 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 imple mented the uniform statewide needs program, and has the commitments of each 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 sys tem 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 mid dle grades (6-8) in methods of teaching responsible sex education.
Provided, however, that the portion of the Governor's Scholarship Program that is in tended for salutatorians, valedictorians, and STAR students must be only for students from accredited high schools.
It is the intent of this General Assembly that the Department of Education accumulate empirically-based data to support educational research and program evaluation.
It is the intent of this General Assembly that the department continue the Student Profiles activity with existing funds.
Provided, however, that it is the intent of the General Assembly that every classroom teacher in grades K-5 shall have a duty-free lunch period.
Provided, that the Governor's Scholarship Program shall include the following gradu ates from accredited high schools in Georgia with minimum full-time equivalent (FTE) counts in grades 9 through 12 as noted: high schools with 150 or more FTE count, the valedictorian, salutatorian and Star Student; high schools with 100 to 149 FTE count, the valedictorian and Star Student; high schools with 50 to 99 FTE count, the valedictorian.
It is the intent of the General Assembly that the mid-term adjustment to the Quality Basic Education formula grants and calculations for the ensuing fiscal year Quality Basic Education formula grants be based on the corrected full-time equivalent student count as

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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 kinder garten 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, 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 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 Of fice of Planning and Budget:
Early intervention programs for children and youth who are at risk of becoming physi cally or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant.
Community Mental Health Services for Children and Adolescents.
Child Protective and Placement Services.

TUESDAY, FEBRUARY 7, 1995

429

Institutional Foster Care Rates--To increase the percent of cost reimbursed to provid ers for children placed by the department.
Child day care as provided by the federal Child Care Bill.
Provided, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible individuals with mental retardation to be served in the least restrictive community setting possible in lieu of a state mental retardation hospital and that existing funds appropriated herein for mental retardation hospitals be utilized in serving any mental retardation client who is moved from a state mental retarda tion 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 assistance allocation, the Department is authorized to expend these new funds on imple menting a program of additional vaccine purchase to increase immunization rates, pro vided 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 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 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.

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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, non-emergency 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 year 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 (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

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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 ac cordance 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-issu ance buses or the training of license examiners after initial training.
It is the intent of this General Assembly that the department purchase full-size pur suit 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 edu cational and agricultural purposes to activities that comprise Budget Unit "B"--Regents Central Office and Other Organized Activities.
It is the intent of this General Assembly that the 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 facil ity 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 Edu cation. 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.
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.

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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 paya ble 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 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 motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assist ance 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.

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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 Meas ures, 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 remit tances 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 specifi cally 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 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

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such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor 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 de partment, 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 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 com mencing 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 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.Xl.) 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 adminis tration of the annual operating budget.

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Section 81. 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 combination of budget units within a designated section, respectively, and shall supersede the object clas sification 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 Georgia General Obligation Debt Sinking Fund" for authorizing new debt, the maximum maturi ties, user agencies and user authorities, purposes, maximum principal amounts and partic ular 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, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $27,440,000 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)", $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 facil ities, 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 instruments 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, municipali ties, 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 in dependent school systems through the State Board of Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,000,000 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)", $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,

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structures, equipment or facilities, both real and personal, necessary or useful in connec tion 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 hundred 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, structures, equipment or facilities, both real and personal, necessary or useful in connec tion 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 hundred 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 Obliga tion 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 facil ities, 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 facil ities, 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 University System of Georgia, by means of the acquisition, construction, development, ex tension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion 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 appropriation 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

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improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, 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 improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance 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 improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance 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, equip ment 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 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)", $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, equip ment 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, equip ment 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 im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issuance of not 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 facil ities, 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 instruments of which shall have maturities not in excess of sixty months.

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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 im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, 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 im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, 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 im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, 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 im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, 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 im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, 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, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,630,000 in principal amount of General Obliga tion 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, by means of the acquisition, construction, development, extension, enlargement, or im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, 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 specifi cally appropriated for the purpose of financing projects for the Department of Industry, Trade and Tourism by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith,

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through the issuance of not more than $1,035,000 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)", $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, 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 $9,000,000 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)", $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 facil ities, 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 instruments 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. Increases 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 author ized 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, Principal Agent, Assistant Agent-in-Charge, Special Agent-in-charge, In spector, Assistant Deputy Director, Trooper Cadet, Trooper, Trooper First Class, Corporal, Sergeant, Lieutenant, Captain, Sergeant First Class (Post Commander), Sergeant (Assis tant 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, As sistant 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 in crease 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, effective July 1, 1994.
Section 85. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1995 ......................................... $9,927,694,159
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.

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On the adoption of the Senate Appropriations Committee substitute, the President or dered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Day Dean Farrow Gillis Griffin Guhl

Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable Middleton Oliver

Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Cagle Clay Crotts

Edge Egan Glanton Gochenour

McGuire Newbill Tanksley

On the adoption of the substitute, the yeas were 45, nays 11, and the Appropriations Committee substitute was adopted.
Due to the adoption of the Senate Appropriations Committee substitute, the McGuire, et al. substitute was moot.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears
Bowen Broun of 46th
Brown of 26th Burton Balfour Black Blitch
Boshears Bowen
Broun of 46th
Brown of 26th Burton
Cagle Cheeks
Clay

Crotts Day Dean Edge Egan
Farrow Gillis
Griffin Guhl Harbison Henson Hill
Hooks Isakson
James
Johnson of 2nd Johnson of 1st
Kemp Land
Langford

Madden Marable Middleton Newbill Oliver
Perdue Pollard
Ragan Ralston Ray Scott Slotin
Starr Stokes
Taylor
Thomas Thompson
Turner Tysinger
Walker

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441

Those voting in the negative were Senators:

Glanton Gochenour

McGuire

Tanksley

On the passage of the bill, the yeas were 52, nays 4.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Hooks of the 14th moved that HB 201 be immediately transmitted to the House.
On the motion, the yeas were 47, nays 0; the motion prevailed, and HB 201 was imme diately transmitted to the House.

SB 238. By Senators Crotts of the 17th, Guhl of the 45th, Ray of the 19th and others:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements concerning issuance of motor vehicle insurance poli cies, so as to provide that when a check or money order issued in payment of certain types of motor vehicle insurance policies is dishonored, the coverage may be cancelled without notice and voided ab initio; to provide that acceptance of an instrument which is so dishonored shall constitute compliance with prepayment requirements.

The Senate Committee on Insurance and Labor offered the following amendment:

Amend SB 238 by striking from lines 6 and 7 of page 1 the following: "without notice and voided ab initio",
and inserting in lieu thereof the following: "as provided in Code Section 33-24-44".
By striking lines 5 through 8 of page 2 and inserting in lieu thereof the following: "provided in Code Section 33-24-44.'" On the adoption of the amendment, the yeas were 38, nays 3, and the amendment was
adopted. The report of the committee, which was favorable to the passage of the bill as
amended, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black
Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton
Cagle Cheeks
Clay Crotts Day Dean Edge

Egan Farrow Gillis
Glanton Gochenour Griffin
Guhl Harbison Henson
Hill Hooks
Isakson James Johnson of 2nd Johnson of 1st Kemp

Land Langford Madden
Marable McGuire Newbill
Oliver Perdue Pollard
Ragan Ralston
Ray Scott Slotin Starr Stokes

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Tanksley
Taylor Thomas

Turner Tysinger

Voting in the negative was Senator Thompson.

Those not voting were Senators Middleton and Walker.

On the passage of the bill, the yeas were 53, nays 1. The bill, having received the requisite constitutional majority, was passed as amended.

SB 242. By Senators Turner of the 8th and Blitch of the 7th:
A bill to amend Code Section 36-80-3 of the Official Code of Georgia Annotated, relating to the authorized investment of funds by local governing bodies, so as to provide that such bodies may invest in certificates of deposit of banks which are subject to regulation by the commissioner of banking.
Senator Turner of the 8th moved that SB 242 be committed to the Senate Banking and Financial Institutions Committee.
On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 242 was com mitted to the Banking and Financial Institutions Committee.

SR 90. By Senators Madden of the 47th, Day of the 48th, Kemp of the 3rd and others:

A resolution urging the Department of Corrections and the Department of Transportation to cooperate in establishing a program utilizing state inmate la bor for certain maintenance operations on the rights of way of roads in the state
highway 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 Black Blitch
Boshears Bowen Broun of 46th
Brown of 26th Burton Cagle Cheeks
Clay Crotts
Day Dean Edge
Egan
Farrow
Gillis

Glanton Gochenour Griffin Guhl
Harbison Henson Hill
Hooks Isakson James Johnson of 2nd
Johnson of 1st Kemp
Land Langford Madden
Marable
McGuire

Middleton Newbill Oliver Perdue
Pollard Ragan Ralston
Ray Scott Slotin Starr
Stokes Tanksley
Taylor Thomas Thompson
Turner
Tysinger

Not voting was Senator Walker.

On the adoption of the resolution, the yeas were 55, nays 0.

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443

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

SR 122. By Senators Broun of the 46th, Perdue of the 18th, Johnson of the 1st and others:
A resolution creating the Educators Technology Training Commission; provid ing for the commission to undertake a comprehensive study and develop a com prehensive plan with respect to the training of Georgia educators in the use of technology; providing for the membership, powers, duties, and operation of the commission.

The Senate Committee on Economic Development, Tourism and Cultural Affairs of fered the following amendment:

Amend SR 122 by renumbering Section 6 as Section 7 and by inserting a new Section 6 to read as follows:

"SECTION 6.

This resolution shall become effective upon its approval by the Governor or upon its becom ing law without such approval."
On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis Glanton

Gochenour Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston
Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Brown of 26th Day

Griffin

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.

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HB 200. By Representative Carter of the 166th:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to the use of state parks and prohibited acts therein, so as to provide that it shall be unlawful to hunt, trap, or pursue wildlife in a state park unless the weaponry and methods used have been approved by the commissioner of natural resources.
Senate Sponsor: Senator Gillis of the 20th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thompson Turner Tysinger

Those not voting were Senators:

Brown of 26th Day

Thomas

Walker

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 246. By Representatives Bailey of the 93rd, Snow of the 2nd, Perry of the llth and others:
A bill to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments, so as to require that each casket and vault used for the burial of human remains shall have permanently affixed a tag of durable and noncorroding material perma nently marked with the name, date of birth, date of death, and social security number of the decedent.
Senate Sponsor: Senator Starr of the 44th.
Senator Griffin of the 25th moved that HB 246 be placed on the Table.
Senator Griffin of the 25th asked unanimous consent that the motion to Table HB 246 be withdrawn.

The consent was granted, and the motion was withdrawn.

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445

Senator Perdue of the 18th moved that the Senate do now adjourn until 9:30 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 1:00 P.M.

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Senate Chamber, Atlanta, Georgia Wednesday, February 8, 1995 Eighteenth Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President.
Senator Marable of the 52nd 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 Jour nal 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 574. By Representatives Royal of the 164th and Greene of the 158th:
A bill to amend an Act providing a new charter for the City of Pelham, so as to provide for additional duties of the city manager; to change the manner and method of filling vacancies in the office of mayor or councilmember.
HB 575. By Representative Hudson of the 156th:
A bill to amend an Act creating the Board of Commissioners of Ben Hill County, so as to change the compensation of the chairperson and commissioners of such board.
SB 99. By Senators James of the 35th, Slotin of the 39th, Henson of the 55th, Scott of the 36th and Abernathy of the 38th:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, so as to provide for the application of said Act to the City of East Point; to provide for the procedure in connection therewith.
SB 248. By Senator Hooks of the 14th:
A bill to amend an Act creating a new charter for the City of Byron, as amended, so as to change the corporate limits of the city by the addition of certain territo ry-
HB 332. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to create the consumers' utility counsel division of the Governor's Office of Consumer Affairs; to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to excep tions to prohibitions on transactions with state agencies, so as to make con forming amendments.

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447

HB 111. By Representatives Ladd of the 59th, Parsons of the 40th, Wiles of the 34th, Grindley of the 35th, Snelling of the 99th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize a nominated candidate to withdraw as a candidate at the ensuing general election.
The House has passed, by substitute, by the requisite constitutional majority, the fol lowing bill of the Senate:
SB 197. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act changing the composition and manner of selecting mem bers of the Board of Education of Clayton County, as amended, so as to provide for nonpartisan election of such members without prior nonpartisan primaries; to provide for certain submissions.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 305. By Senator Hill of the 4th:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to change a definition; to change the organization of the Nonpublic Postsecondary Education Commission and the manner of selecting the executive director thereof; to clarify a certain reference to the executive director; to provide for legislative findings.
Referred to Committee on Higher Education.
SB 306. By Senator Broun of the 46th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Western Judicial Circuit; to provide for the election and term of office of said judge; to provide for the manner of impaneling jurors; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to prescribe the qualifications and prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties composing the Western Judicial Circuit.
Referred to Committee on Judiciary.
SB 307. By Senators Perdue of the 18th, Oliver of the 42nd, Edge of the 28th and Ralston of the 51st:
A bill to amend Code Section 19-8-18 of the Official Code of Georgia Annotated, relating to hearings on and decrees of adoption, so as to provide when such de crees shall not be subject to judicial challenge.
Referred to Committee on Judiciary.

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SB 308. By Senators Farrow of the 54th and Balfour of the 9th:
A bill to amend Article 1 of Chapter 17 ofTitle 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to state debt, investment, and depositories, so as to authorize the investment by state governmental enti ties in certain obligations of the United States government or its agencies by permitting investment by such entities in certain investment companies or in vestment trusts which hold such government obligations.
Referred to Committee on Finance and Public Utilities.
SB 309. By Senator Walker of the 22nd:
A bill to amend Part 3 of Article 1 of Chapter 4 ofTitle 26 of the Official Code of Georgia Annotated, relating to pharmacists, so as to change the provisions relat ing to definitions and the conditions for substituting generic drugs; to provide the legislative findings and policy.
Referred to Committee on Health and Human Services.
SB 310. By Senator Thomas of the 10th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," as amended, so as to change the compensation and al lowances of the members and the chairman of the Authority's Board of Direc tors.
Referred to Committee on State and Local Governmental Operations--General.
SB 311. By Senators Black of the 53rd, Glanton of the 34th and Gochenuour of the 27th:
A bill to amend Part 1 of Article 5 of Chapter 12 ofTitle 15 of the Official Code of Georgia Annotated, relating to trial juries in general, so as to provide a short title; to provide for authority; to provide that an accused or aggrieved party's right to trial by jury, in all instances where the government or any of its agen cies is an opposing party, includes the right to inform the jurors of their power to judge the law as well as the evidence, and to vote on the verdict according to conscience.
Referred to Committee on Special Judiciary.
The following bills of the House were read the first time and referred to committees:
HB 111. By Representatives Ladd of the 59th, Parsons of the 40th, Wiles of the 34th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize a nominated candidate to withdraw as a candidate at the ensuing general election.
Referred to Committee on State and Local Governmental Operations--General.
HB 221. By Representatives Purcell of the 147th, Reaves of the 178th, Hudson of the 156th and others:
A bill to amend Code Section 44-13-100 of the Official Code of Georgia Annotat ed, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, so as to provide an exemption for payments from individual retirement accounts and funds in individual retirement accounts.
Referred to Committee on Special Judiciary.

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449

HB 326. By Representative Skipper of the 137th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions applicable to professions and businesses, so as to change the provisions relating to grounds for refusing to grant or revoking licenses; to authorize examining boards to issue letters of concern.
Referred to Committee on Judiciary.
HB 332. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to create the consumers' utility counsel division of the Governor's Office of Consumer Affairs; to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to excep tions to prohibitions on transactions with 'state agencies, so as to make con forming amendments.
Referred to Committee on Finance and Public Utilities.
HB 574. By Representatives Royal of the 164th and Greene of the 158th:
A bill to amend an Act providing a new charter for the City of Pelham, so as to provide for additional duties of the city manager; to change the manner and method of filling vacancies in the office of mayor or councilmember.
Referred to Committee on State and Local Governmental Operations.
HB 575. By Representative Hudson of the 156th:
A bill to amend an Act creating the Board of Commissioners of Ben Hill County, so as to change the compensation of the chairperson and commissioners of such board.
Referred to Committee on State and Local Governmental Operations.
The following reports of standing committees were read by the Secretary:
Mr. President: The Committee on Banking and Financial Institutions has had under consideration
the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 224. Do pass.
Respectfully submitted, Senator Turner of the 8th District, Chairman

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

SB 1. Do pass by substitute.

SB 191. Do pass.

SB 105. Do pass by substitute.

SB 223. Do pass by substitute.

Respectfully submitted, Senator Oliver of the 42nd District, Chairman

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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 119. Do pass by substitute.
Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President: The Committee on Science, Technology and Industry has had under consideration the
following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 16. Do pass by substitute.
Respectfully submitted, Senator Tysinger of the 41st District, Chairman

Mr. President:

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

SB 138. Do pass by substitute.

SB 210. Do pass by substitute.

SB 198. Do pass as amended.

SB 243. Do pass.

Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

HR 21. Do pass.

SB 226. Do pass.

HB 250. Do pass.

SB 257. Do pass.

SR 102. Do pass.

SB 276. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

SB 98 SB 239 SR 15 HB 147

SB 130 SB 250 SR 20 HB 208

SB 137 SB 263 SR 25 HB 212

SB 155 SB 287 SR 40 HB 220

SB 161 SB 288 SR 125 HR 160

SB 188 SR 12 SR 127 HR 173

The President announced that the morning roll call would be dispensed with due to snow conditions throughout the state.
Senators Dean of the 31st and Glanton of the 34th acted as chaplains of the day, and offered a devotional and prayer.

WEDNESDAY, FEBRUARY 8, 1995

451

The following resolution was read and adopted:
SR 189. By Senators Ray of the 19th, Middleton of the 50th, Burton of the 5th and Tysinger of the 41st: A resolution recognizing and welcoming Dr. Gerald Wayne Clough as President of the Georgia Institute of Technology.
Senator Ray of the 19th introduced the President of Georgia Tech, Dr. Wayne Clough, commended by SR 189, who addressed the Senate briefly.
The following resolutions were read and adopted:
SR 184. By Senators James of the 35th, Stokes of the 43rd, Harbison of the 15th and others: A resolution expressing regret at the passing of Mr. John Parrish.
SR 185. By Senators Bowen of the 13th and Pollard of the 24th: A resolution commending the firefighters of Georgia and observing the 23rd an nual Firefighters' Recognition Day.
SR 186. By Senators Taylor of the 12th and Hooks of the 14th: A resolution commending Sgt. Charles Shirling and Sgt. Mike Ferros of the Avi ation Section of the Georgia State Patrol.
SR 187. By Senators Brown of the 26th, Perdue of the 18th and Gochenour of the 27th: A resolution commending the Mayor and Council of the City of Macon, the mem bers of the Bibb County Board of Commissioners, the Keep Macon-Bibb Beauti ful Commission, the Cherry Blossom Festival Board, and the Greater Macon Chamber of Commerce with respect to the annual Cherry Blossom Festival.
SR 188. By Senators Crotts of the 17th and Guhl of the 45th: A resolution commending Sergeant Greg Carson.
SR 190. By Senator Cheeks of the 23rd: A resolution commending Nicholas Mark Kaune, Eagle Scout.
SENATE CALENDAR Wednesday, February 8, 1995 EIGHTEENTH LEGISLATIVE DAY
HB 246 Funeral homes; identification tag; affix to casket and vault (C Aff--44th)
HB 274 Hunting wildlife; nontoxic shot; provision for use (Nat R--47th)
HB 277 Game and fish; amend provisions (Nat R--47th)
HR 49 Fulton County and MARTA; convey property (EDT&CA--1st)
HR 55 "Sloppy" Floyd Veterans Memorial Building; permanent display (D&VA--15th)
SB 195 Health Plan Act for 1995--create certain standards (Amendment) (H&HS-- 10th)

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HB 125 Cooperative marketing associations; amend provisions (AG--llth)
HB 136 Fiscal retirement bills; cost reduction amendments; actuarial study (Ret--5th) HB 137 Employees' Retirement; administer certain judicial systems (Ret--34th)
HB 138 Firemen's Pension Fund; change reference (Ret--38th)
HB 171 Teachers or Regents Retirement; University System employees; 60 days to choose (Ret--5th)
HB 266 Sheriffs' Retirement; cost of living increases (Ret--38th)
SB 126 Cities, Counties--contracts for regional facilities (Substitute) (SLGO-G--4th)
SB 123 Housing Authorities--provide for certain Indian tribes (Amendment) (H&HS-- llth)
SB 125 Contact Lens Sale--stricter guidelines (H&HS--28th)
SB 134 Municipal Corporation--service, enforcement of process, summons (Corr--31st)
SB 153 Used Automobile Dealer--certain information to person purchasing, leasing (C Aff--37th)
SB 11 Educational Programs--curriculum-based assessment results (Substitute) (ED--56th)
SB 49 English Language--designate official language (Ed--17th)
SB 81 Certain Criminal Cases--limitations on granting of bail (Substitute) (Judy-- 12th)
SB 115 Commission on Family Violence--entities represented (Judy--42nd)
SB 117 Family Violence Cases--fees (Judy--19th) SB 120 Child Custody--safety of child, parent victims of family violence (Judy--52nd)
SB 124 Hearsay--certain statements by child admissible (Substitute) (Judy--54th) SB 184 Boards of Education--nonpartisan election without nonpartisan primary
(SLGO-G--44th) SB 192 Elections--change qualifying, general primary dates in 1996 (SLGO-G--10th) SB 193 Elections--qualifying for county offices in nonpartisan elections (Substitute)
(SLGO-G--10th) SB 194 Elections--compensation of registrars (SLGO-G--10th) SB 216 Local Government Fiscal Impact Act--provide (Substitute) (SLGO-G--35th) SB 234 Evidence--husband/wife competent in certain criminal proceedings (Substitute)
(Judy--54th)
SB 253 Identification Cards--unlawful use of words "State of Georgia" (SLGO-G--26th)

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453

HB 164 Labor Department; supplemental appropriation; Unemployment Trust Fund (Approp--14th)
HB 197 Elections Code; corrections (S Judy--40th)
HB 199 Code of Georgia; corrections (S Judy--40th)
HB 278 Retirement and Pensions Code; corrections (S Judy--40th)
HB 318 Nursing homes; employment applicants; criminal record checks (Amendment) (YA&HE--3rd)
SB 165 Branch Banks--establishment, management (B&FI--23rd)
SB 68 Education--home economics course in parenting (Substitute) (H&HS--10th)
SB 84 Sheriffs--qualifications (Substitute) (Pub Saf--46th)
SB 97 General Assembly--issuance of housing affordability impact note (Amendment) (S Judy--27th)
SB 110 Judicial Proceedings--crime victim and family may be present (Substitute) (S Judy--47th)
SB 156 Juvenile Court Hearings--public access to certain records (Substitute) (S Judy--37th)
SB 209 Family Violence Victim--notify upon accused's release on bail (Substitute) (S Judy--1st)
The following general bills and resolutions were read the third time and put upon their passage:
HB 246. By Representatives Bailey of the 93rd, Snow of the 2nd, Perry of the llth and others:
A bill to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments, so as to require that each casket and vault used for the burial of human remains shall have permanently affixed a tag of durable and noncorroding material perma nently marked with the name, date of birth, date of death, and social security number of the decedent. Senate Sponsor: Senator Starr of the 44th.
Senators Starr of the 44th and Griffin of the 25th offered the following substitute to HB 246:
A BILL To be entitled an Act to amend Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors, embalmers, and operators of funeral establishments, so as to provide that the funeral director or person in charge of final disposition of a dead body shall, prior to the interment of such dead body, affix on the ankle or wrist of the deceased or, if cremated, on the inside of the vessel containing the remains, a tag encased in durable and long-lasting material contain ing the name of the deceased, the date of death, the social security number of the deceased, and the county and state of death; to provide for exceptions; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors, embalmers, and operators of funeral establishments, is amended by adding at the end of said part a new Code Section 43-18-8 to read as follows:

The funeral director or person in charge of final disposition of a dead body shall, prior to the interment of such dead body, affix on the ankle or wrist of the deceased or, if cre mated, on the inside of the vessel containing the remains, a tag encased in durable and long-lasting material containing the name of the deceased, the date of death, the social security number of the deceased, and the county and state of death. If the religious faith of the deceased prohibits desecration of the body, alternative means of identification of the body may be used."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 43, nays 0, and the Starr and Griffin substitute to HB 246 was adopted.
Pursuant to Senate Rule 143 action on HB 246 was suspended and HB 246 was placed on the Senate Calendar.

HB 274. By Representatives Carter of the 166th, Shaw of the 176th, Buckner of the 95th and Cox of the 160th:

A bill to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to provide for the use of federally approved, nontoxic shot.
Senate Sponsor: Senator Madden of the 47th.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day Dean Edge Egan Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Tysinger

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Those not voting were Senators:

Clay Farrow Hill

Oliver Ray

Turner Walker

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 277. By Representatives Carter of the 166th, Shaw of the 176th, Buckner of the 95th and Cox of the 160th:

A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define a certain term; to provide for the sales of certain licenses by telephone; to provide for a fee for such service; to provide for an archery and firearms combination hunting license; to provide for a sportsman's license.
Senate Sponsor: Senator Madden of the 47th.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Black.

Those not voting were Senators:

Broun of 46th Hill

Hooks Oliver

Ray Tanksley

On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed.

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HR 49. By Representatives Murphy of the 18th and McKinney of the 51st:

A resolution authorizing the granting of certain easements and conveyance of certain state owned real property located in Fulton County, Georgia, to Metro politan Atlanta Rapid Transit Authority (MARTA) and the acceptance of certain real property owned by MARTA located in Fulton County, Georgia, in considera tion therefor.
Senate Sponsor: Senator Johnson 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 Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable Middleton

Newbill Oliver Perdue Pollard Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch Hill

Hooks McGuire

Ragan

On the adoption of the resolution, the yeas were 51, nays 0. The resolution, leaving received the requisite constitutional majority, was adopted.

HR 55. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd and others:

A resolution recognizing and commending Georgia's World War II veterans; pro viding for the permanent display at the James H. "Sloppy" Floyd Veterans Me morial Building of a plaque, flag, and 50 posters depicting important events that took place during World War II.
Senate Sponsor: Senator Harbison of the 15th.

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 Black Blitch

Boshears Bowen Broun of 46th

Brown of 26th Burton Cagle

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457

Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson

Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue

Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Hill

Scott

On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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

Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:

HB 269. By Representative Orrock of the 56th:
A bill to amend Code Section 8-2-107 of the Official Code of Georgia Annotated, relating to penalties for the improper installation, alteration, maintenance, or operation of elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide that the violation of certain laws shall constitute a misdemeanor.
The following bill of the House was read the first time and referred to committee:

HB 269. By Representative Orrock of the 56th:
A bill to amend Code Section 8-2-107 of the Official Code of Georgia Annotated, relating to penalties for the improper installation, alteration, maintenance, or operation of elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide that the violation of certain laws shall constitute a misdemeanor.
Referred to Committee on Science, Technology and Industry.
The Calendar was resumed.
SB 195. By Senators Thomas of the 10th, Stokes of the 43rd, Harbison of the 15th and others:
A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, so as to create standards for a Health Plan Act for 1995 relative to certain hospital based provider networks, health care provider networks, and health benefit plans; to provide for defini tions; to provide for selection criteria relating thereto.

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The Senate Health and Human Services Committee offered the following amendment:
Amend SB 195 by adding immediately preceding the period on line 27 of page 1 the following:
"and Title 26".
On the adoption of the amendment, the yeas were 39, nays 2, and the amendment was adopted.
Senators Thomas of the 10th and Walker of the 22nd offered the following substitute to SB 195:
A BILL
To be entitled an Act to amend Chapter 1 of Title 31 of the Official Code of Georgia Anno tated, relating to general provisions regarding health, so as to provide that any health care provider licensed under Titles 26 and 43 shall be eligible to apply to become a participating provider under any health care plan or network which provides coverage for health care services which are within the lawful scope of his or her practice; to prohibit certain actions by networks or health benefit plans; to provide for enforcement and legislative construc tion; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provi sions regarding health, is amended by adding at the end thereof a new Code section to read as follows:
"31-1-9.
(a) As used in this Code section, the term:
(1) 'Class of provider' means each subsection of health care practitioner licensed and otherwise regulated under Titles 26 and 43.
(2) 'Health benefit plan" or 'plan' means any public or private health entity plan, pro gram, policy, or subscriber agreement which includes or may include the provision of health care services or payments, reimbursement, including but not limited to capita tion, or financial compensation for health care services.
(3) 'Health care provider' means each individual health care practitioner licensed or regulated under Titles 26 and 43.
(4) 'Health care services' means services and products provided by a hospital or health care provider which services or products are authorized to be provided within the scope of the hospital's permit or health care provider's license.
(5) "Network' means any arrangement between one or more hospitals, one or more health care providers, or a combination of one or more hospitals and one or more health care providers to provide health care services.
(b) Any health care provider licensed under Titles 26 and 43 shall be eligible to apply to become a participating provider under any health care plan or network which provides coverage for health care services which are within the lawful scope of his or her practice, provided that nothing contained in this Code section shall be construed to require any health care plan or network to provide coverage for any specific health care service.
(c) A network or health benefit plan which agrees to provide health care services shall not, based upon the license of the health care provider, include any condition as a re quirement which would have the practical effect of excluding any class of provider from participation in such network or plan.

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459

(d) Compliance with this Code section shall be enforced by the Commissioner of Insur ance if the health care plan or network is an insured plan or network. Compliance with this Code section shall be enforced by the State Health Planning Agency for all other health care plans or networks."
SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Senate Rule 143, action on SB 195 was suspended and the bill was placed on the Senate Calendar.
Senator Balfour of the 9th introduced the doctor of the day, Dr. Larry Anderson, Lithonia, Georgia.
The Calendar was resumed.

HB 125. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th and others:

A bill to amend Article 3 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Cooperative Marketing Act," so as to provide for clari fication of the rights and powers of cooperative market associations and their boards of directors.
Senate Sponsor: Senator Ragan of the llth.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger

Those not voting were Senators:

Henson Isakson

Taylor

Walker

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

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SB 126. By Senators Hill of the 4th, Bowen of the 13th, Perdue of the 18th and Taylor of the 12th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to impose certain conditions, limitations, and restric tions upon the exercise of the constitutional powers granted to counties and mu nicipalities to enter into contracts for regional facilities; to require approval of such contracts by the boards of regional development centers; to require public hearings and public notices prior to the adoption of such contracts.
The Senate Committee on State and Local Governmental Operations offered the fol lowing substitute to SB 126:
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 impose certain conditions, limitations, and restrictions upon the exercise of the constitutional powers granted to counties and municipalities to enter into contracts for regional facilities; to require public hearings and public notices prior to the adoption of such contracts; to require financial feasibility studies under certain condi tions; to provide that such contracts shall not abridge previously existing powers, author ity, rights, and duties of sheriffs; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SECTION 1.
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding after Chapter 72 a new Chapter 73 to read as follows:
"CHAPTER 73
36-73-1.
It is the purpose of this chapter to provide certain conditions, limitations, and restric tions upon the exercise of the powers granted to counties and municipalities to enter into contracts for regional facilities under Article IX, Section IV, Paragraph IV of the Constitution. 36-73-2.
A county or municipality which proposes to enter into a contract under Article IX, Sec tion IV, Paragraph IV of the Constitution shall, prior to entering into such contract, con duct at least one public hearing with respect to such proposed contract. Notice of such public hearing shall be given by a prominent advertisement in a newspaper of general circulation within the county or municipality. The parties proposing to enter into a con tract may agree to conduct a joint public hearing in lieu of separate public hearings by each party. The notice of public hearing required in the case of a municipality may be combined with a notice of public hearing for the county within which the municipality is located. 36-73-3.
Where a county or municipality proposes to enter into a contract for a regional facility which will be located outside of such county or municipality and such contract will re quire the expenditure of public funds of the county or municipality, the county or munici pality shall, prior to entering into the contract, conduct a financial feasibility of the contract. Such study may be conducted by the county or municipality or the county or municipality may contract with another party for the conducting of the study. Two or more parties proposing to enter into a contract may conduct or contract for a joint finan cial feasibility study, but in this case the financial feasibility study shall separately ad dress the fiscal concerns of each party to the proposed contract. A financial feasibility study shall at a minimum include a statement of the expected useful life of the regional

WEDNESDAY, FEBRUARY 8, 1995

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project and a statement or projection of the costs and benefits to the county or municipal ity over the entire expected useful life of the project.
36-73-4.
No contract under Article IX, Section IV, Paragraph IV of the Constitution shall in any manner impinge upon the constitutional and statutory powers, authority, rights, and duties granted to the sheriffs of this state prior to the adoption of said Paragraph IV."
SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply with respect to contracts entered into on or after that effective date but shall not invalidate any contract entered into prior to that effective date.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Tysinger Walker

Those not voting were Senators:

Day Henson

Johnson of 1st

Turner

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 123. 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,

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rights, and functions of such housing authorities and their commissioner; to pro vide for activation of such housing authorities; to provide for an appointing au thority and proposed area of operation.

Senator Ralston of the 51st offered the following amendment:

Amend SB 123 by inserting after line 18, page 4 the following:
"(4) The Southern Band of Cherokees and Creeks, East Ellijay, Georgia 30539" and by inserting after line 5, page 6 the following:
"(4) The Southern Band of Cherokees and Creeks, East Ellijay, Georgia 30539"
On the adoption of the amendment, the yeas were 31, nays 8, and the Ralston amend ment was adopted.

Senators Kemp of the 3rd, Edge of the 28th, Boshears of the 6th, et al. offered the following amendment:

Amend SB 123 by striking lines 16 and 17 on page 1 and inserting in lieu thereof the following:
"General Assembly; to prohibit on Indian lands any form of gambling or gaming not otherwise authorized by state law; to amend Article".
By striking lines 42 and 43 on page 3 and inserting in lieu thereof the following:
"(i) Any form of gambling, gaming, or other wagering or betting not otherwise authorized under applicable state law shall be prohibited on Indian lands under this Code section.'"
By striking lines 23 and 24 on page 4 and inserting in lieu thereof the following:
"(c) Any form of gambling, gaming, or other wagering or betting not otherwise authorized under applicable state law shall be prohibited on Indian lands under this Code section.'"
On the adoption of the amendment, the yeas were 41, nays 0, and the Kemp, et al. amendment was adopted.

Senators Kemp of the 3rd and Ralston of the 51st offered the following amendment:

Amend SB 123 by striking on line 35 page 2 the words "oral tradition" and inserting in lieu the words "sworn affidavit"
On the adoption of the amendment, the yeas were 41, nays 0, and the Kemp and Ralston 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Crotts Dean Gillis Griffin Harbison

Henson Hooks Isakson James Johnson of 2nd Kemp Langford Marable Middleton Oliver Pollard Ragan

Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker

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463

Those voting in the negative were Senators:

Balfour Cagle Clay
Day Edge Egan

Farrow Glanton Gochenour
Guhl Hill

Johnson of 1st Land Madden
McGuire Tysinger

Those not voting were Senators:

Cheeks

Newbill

Perdue

On the passage of the bill, the yeas were 37, nays 16.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Hooks of the 14th introduced Dr. Prater of Fort Valley College, commended by SR 156, adopted previously.

SB 125. By Senator Edge of the 28th:

A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to the control and management of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide stricter guidelines governing the sale of contact lenses.

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

On 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Pollard Ragan Ralston Ray Scott Slotin Starr Tanksley Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Griffin Henson

Perdue Stokes

Taylor

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

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SB 134. By Senator Dean of the 31st:

A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to powers of municipal corporations, so as to provide for service and enforcement of any process, summons, notice, or order of a municipal corpora tion on all persons residing within and without the corporate limits of the issu ing municipal corporation.

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

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

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Black Griffin

Henson Johnson of 1st

Perdue Taylor

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

SB 153. By Senators Clay of the 37th and Burton of the 5th:

A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," so as to require certain dis closures of information to any person or entity purchasing or leasing a motor vehicle from a used motor vehicle dealer; to require the maintenance of certain records and provide for the inspection thereof.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen

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

Crotts Day Dean Edge Egan Farrow

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465

Gillis Glanton Gochenour Guhl Harbison Hill Hooks Isakson James Johnson of 1st Kemp

Land Langford Madden Marable McGuire Middleton Newbill Pollard Ragan Ralston Ray

Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Griffin Henson

Johnson of 2nd Oliver

Perdue Walker

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

SB 11. By Senators Newbill of the 56th, Clay of the 37th, McGuire of the 30th and Tanksley of the 32nd:
A bill to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to assessments of educational programs, so as to provide for the availa bility of curriculum-based assessment results to students and their parents.

The Senate Committee on Education offered the following substitute to SB 11:

A BILL
To be entitled an Act to amend Code Section 20-2-281 of the Official Code of Georgia Anno tated, relating to assessments of educational programs, so as to change certain provisions regarding curriculum-based assessments; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to assessments of educational programs, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows:
"(a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to assess the effectiveness of the edu cational programs of the state and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Gumtulum based as sessments uf the quality core cumculum and nationally Nationally norm-referenced in struments in reading, and mathematics, science, and social studieTshall be administered to students in grades"three, five, and eight, and~tt and all costs of providing and scoring such instruments shall be funded by the State Board of Education. A-ctri'i ieuluui based An assessment shall be administered in grade 11 for graduation purposes and, at the giscretion of the State Board of Education, shall be developed to measure student per formance pursuant to Code Section 20-2-140 or shall be an appropriate nationally normreterenced instrument. Only the curriculum based abbos&iuents iii gradub thiytj, live, and eight and the eleventh grade iiuiui-refereiiutiJ iii&lrimieiit may be administered by matrix sample. Writing assessments shall be administered to students in grades three, five, eight, and 11. The writing assessments shall provide students and their parents with performance outcome measures resulting from the administration of such tests.

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JOURNAL OF THE SENATE

Tim curriculum based ahhehhnieiits that the state board shall develup tJiall measure btu*
Clftllt p61*1ui iliciliCGI'tilHti V ti tO Lllc U.iiii(ji iiiiy &&C[LL;iiCcuCO1*& Cul1'iCU.iU.iil et^F^i'OV^u IOiL
giades three, five, eight, and 11 by Hie state boaid pursuant to Code Oetiiua 20-2-140. The eleventh grade curriculum based ah&essmeiiti. assessment test shall place emphasis upon reading, writing, mathematics, science, and social studies. All such turriculuuibased assessments shall include process and application skills as assessed in a range of academic content, shall exceed minimum and essential skills by extending the assess ments' range of difficulty, and shall emphasize higher order thinking skills."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle
Cheeks Clay Crotts Day Dean Egan Farrow
Gillis

Glanton Gochenour Griffin Guhl Harbison Henson
Hill Hooks Isakson James
Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Pollard Ragan Ralston
Ray Scott Slotin Starr
Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Edge Johnson of 2nd

Perdue

Walker

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Perdue of the 18th moved that the Senate stand in recess until 5:00 P.M., then adjourn until 9:30 A.M. tomorrow; the President announced the motion prevailed at 12:20 P.M.

THURSDAY, FEBRUARY 9, 1995

467

Senate Chamber, Atlanta, Georgia Thursday, February 9, 1995 Nineteenth Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President.
Senator Marable of the 52nd 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 Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 598. By Representatives Towery of the 30th, Barnes of the 33rd, Sauder of the 29th, Klein of the 39th, Wiles of the 34th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change certain provisions relating to the judge pro hac vice.
HB 619. By Representatives Dixon of the 150th, Mueller of the 152nd, Bordeaux of the 151st, Pelote of the 149th, Thomas of the 148th and others:
A bill to amend an Act creating a new charter for the City of Garden City, so as to increase the limit of the authority of the recorder's court to impose terms of imprisonment and community service from 90 days to 12 months.
HB 624. By Representative Barnard of the 154th:
A bill to recreate and reincorporate the City of Cobbtown.
HB 139. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Code Section 47-2-123 of the Official Code of Georgia Annotated, relating to allowances payable upon death, disability, or involuntary separation under the Employees' Retirement System of Georgia, so as to provide that no evidence of a disability shall be considered by the medical board which is not submitted within 12 months after the employee terminates employment.
HB 145. By Representatives Buckner of the 95th, Benefield of the 96th and Lee of the 94th:
A bill to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Public School Disciplinary Tribunal Act," so as to authorize local boards of education to impose certain disciplinary sanctions upon students who are still subject to such sanctions by another school system.

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JOURNAL OF THE SENATE

HB 281. By Representatives Jamieson of the 22nd, Hudson of the 156th, Porter of the 143rd, Parrish of the 144th and Parham of the 122nd:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for the direct access of patients to dermatological services.
HB 262. By Representatives Childers of the 13th, Sherrill of the 62nd and Orrock of the 56th:
A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to enact the "Individual and Family Support Act of 1995".
HB 314. By Representative Jenkins of the 110th:
A bill to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to the dissemination of records of the Georgia Crime Information Center, so as to allow public access to centralized conviction and other records maintained by the state and limit fees therefor.
HB 108. By Representatives Ladd of the 59th, Polak of the 67th, Johnson of the 97th and Crews of the 78th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for the funding of homestead exemptions within certain special districts through the levy and collection of a local sales and use tax; to provide for the creation of special districts.
HB 161. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special county 1 percent sales and use tax, so as to pro vide that the proceeds of such tax may be used for acquisition of rights of way for, construction of, and renovation and improvement of sidewalks and bicycle paths.
HB 441. By Representatives Royal of the 164th, Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th and Culbreth of the 132nd:
A bill to amend Code Section 48-5-380 of the Official Code of Georgia Annotated, relating to refunds of taxes and license fees by counties and municipalities, so as to prohibit refund claims based upon certain grounds; to provide that such claims shall be governed by other general laws.
HB 194. By Representative Barnes of the 33rd:
A bill to amend Code Section 44-14-80 of the Official Code of Georgia Annotated, relating to reversion of realty to a grantor, renewals and affidavits, effect, and fees, so as to provide for the reversion of title to real property conveyed to secure a debt or debts when the record of conveyance or the conveyance states or fixes the maturity date of the debt but such instrument contains an affirmative state ment of intent.

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The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 79. By Representative Channell of the lllth:
A resolution designating the Lake Oconee Parkway.
The following bills and resolution of the Senate were introduced, read the first time, and referred to committees:
SB 312. By Senators Cheeks of the 23rd and Harbison of the 15th:
A bill to amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding companies, so as to provide that a branch bank may be established at any loca tion within this state; to revise requirements relative to the management of branch banks.
Referred to Committee on Banking and Financial Institutions.
SB 313. By Senators Boshears of the 6th, Pollard of the 24th, Ragan of the llth and Blitch of the 7th:
A bill to amend Article 2 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, the "Capital Felony Expense Act," so as to change the basis, time, and manner for calculation of expenses which are eligible for reimbursement; to specify which expenses are eligible for reimbursement; to change the definition of a term and delete a defined term; to provide for related matters; to provide for an effective date and applicability.
Referred to Committee on Special Judiciary.
SB 314. By Senator Thompson of the 33rd:
A bill to amend Code Section 48-13-10 of the Official Code of Georgia Annotated, relating to determining the amount of occupation tax levied by local govern ments, so as to authorize businesses and practitioners to be classified by more than one criterion.
Referred to Committee on State and Local Governmental Operations--General.
SR 191. By Senators Middleton of the 50th, Ray of the 19th, Broun of the 46th and others:
A resolution creating the Senate Water Quality and Water Supply Alternative Financing Study Committee.
Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 108. By Representatives Ladd of the 59th, Polak of the 67th, Johnson of I the 97th and Crews of the 78th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for the funding of homestead exemptions within certain special t districts through the levy and collection of a local sales and use tax; to provide for the creation of special districts.
Referred to Committee on Finance and Public Utilities.

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HB 139. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Code Section 47-2-123 of the Official Code of Georgia Annotated, relating to allowances payable upon death, disability, or involuntary separation under the Employees' Retirement System of Georgia, so as to provide that no evidence of a disability shall be considered by the medical board which is not submitted within 12 months after the employee terminates employment.
Referred to Committee on Retirement.
HB 145. By Representatives Buckner of the 95th, Benefield of the 96th and Lee of the 94th:
A bill to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Public School Disciplinary Tribunal Act," so as to authorize local boards of education to impose certain disciplinary sanctions upon students who are still subject to such sanctions by another school system.
Referred to Committee on Education.
HB 161. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special county 1 percent sales and use tax, so as to pro vide that the proceeds of such tax may be used for acquisition of rights of way for, construction of, and renovation and improvement of sidewalks and bicycle paths.
Referred, to Committee on Finance and Public Utilities.
HB 194. By Representative Barnes of the 33rd:
A bill to amend Code Section 44-14-80 of the Official Code of Georgia Annotated, relating to reversion of realty to a grantor, renewals and affidavits, effect, and fees, so as to provide for the reversion of title to real property conveyed to secure a debt or debts when the record of conveyance or the conveyance states or fixes the maturity date of the debt but such instrument contains an affirmative state ment of intent.
Referred to Committee on Special Judiciary.
HB 262. By Representatives Childers of the 13th, Sherrill of the 62nd and Orrock of the 56th:
A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to enact the "Individual and Family Support Act of 1995".
Referred to Committee on Health and Human Services.
HB 281. By Representatives Jamieson of the 22nd, Hudson of the 156th, Porter of the 143rd and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for the direct access of patients to dermatological services.
Referred to Committee on Insurance and Labor.

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471

HB 314. by Representative Jenkins of the 110th:
A bill to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to the dissemination of records of the Georgia Crime Information Center, so as to allow public access to centralized conviction and other records maintained by the state and limit fees therefor.
Referred to Committee on Public Safety.

HB 441. By Representatives Royal of the 164th, Buck of the 135th, Jamieson of the 22nd and others:
A bill to amend Code Section 48-5-380 of the Official Code of Georgia Annotated, relating to refunds of taxes and license fees by counties and municipalities, so as to prohibit refund claims based upon certain grounds; to provide that such claims shall be governed by other general laws.
Referred to Committee on Finance and Public utilities.

HB 598. By Representatives Towery of the 30th, Barnes of the 33rd, Sauder of the 29th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change certain provisions relating to the judge pro has vice.
Referred to Committee on Judiciary.
HB 619. By Representatives Dixon of the 150th, Mueller of the 152nd, Bordeaux of the 151st and others: A bill to amend an Act creating a new charter for the City of Garden City, so as to increase the limit of the authority of the recorder's court to impose terms of imprisonment and community service from 90 days to 12 months.
Referred to Committee on State and Local Governmental Operations.
HB 624. By Representative Barnard of the 154th: A bill to recreate and reincorporate the City of Cobbtown.
Referred to Committee on State and Local Governmental Operations.
HR 79. By Representative Channell of the lllth: A resolution designating the Lake Oconee Parkway. Referred to Committee on Transportation.
The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 25. Do pass.

SB 299. Do pass.

Respectfully submitted, Senator Harbison of the 15th District, Chairman

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Mr. President:
The Committee on Finance and Public Utilities has had under consideration the fol lowing bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 89. Do pass by substitute.

SR 160. Do pass.

SR 28. Do pass by substitute.

HB 3. Do pass by substitute.

SR 159. Do pass.

HB 38. 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 fol lowing 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 271. Do pass.

SR 139. Do pass.

SB 298. Do pass.

HB 100. 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 Senate and the House and has instructed me to report the same back to the Senate with the following recommendations:

SB 286. Do pass as amended.

HB 106. Do pass.

SB 289. Do pass.

HB 217. Do pass.

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

Mr. President:
The Committee on Natural Resources has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 202. Do pass.

HB 264. Do pass.

SB 244. Do pass by substitute. HB 174. Do pass.

HB 401. Do pass.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation 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 254. Do pass by substitute.

HB 535. Do pass.

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473

HB 527. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

SB 1 SB 210 SB 276

SB 16 SB 223 SR 102

SB 105 SB 224 HB 119

SB 138 SB 226 HB 250

SB 191 SB 243 HR 21

SB 198 SB 257

Senator Edge of the 28th moved that Senator Newbill of the 56th be excused from the Senate today, due to illness.
On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Newbill of the 56th was excused from the Senate today.
The President called for the morning roll call, and the following Senators answered to their names:

Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Land Langford Madden Marable

Those not answering were Senators:

Abernathy Blitch Kemp

Newbill (excused) Scott

McGuire Middleton Oliver Perdue Pollard Ragan Ralston Ray Starr Stokes Tanksley Taylor Thomas Turner Tysinger Walker
Slotin Thompson

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Taylor of the 12th introduced the chaplain of the day, Reverend Daniel Simmons, pastor of Mt. Zion Baptist Church, Albany, Georgia, who offered scripture reading and prayer.
The following resolution of the Senate was read and adopted:

SR 192. By Senator Walker of the 22nd:
A resolution commending Thomas Grove Baptist Church on the occasion of its 125th anniversary.

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The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Thursday, February 9, 1995 NINETEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
*SB 254 Thomas, 10th James, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Oliver, 42nd Henson, 55th FULTON COUNTY
Reduce the minimum acreage required for a residential area within 1,000 feet of a MARTA Station. (SUBSTITUTE)
HB 527 Gochenour, 27th LAMAR COUNTY
To provide for the nonpartisan nomination and election of the judge of the Pro bate Court of Lamar County.
HB 535 Hill, 4th Johnson, 2nd EFFINGHAM COUNTY
Amend an Act creating the State Court of Effingham County, so as to change the salary of the judge of said court.
The substitute to the following bill was put upon its adoption:
*SB 254:
The Senate State and Local Governmental Operations Committee offered the following substitute to SB 254:
A BILL
To be entitled an Act to amend an Act providing for urban enterprise zones in the City of Atlanta and known as the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 13, 1994 (Ga. L. 1994, p. 5055), so as to reduce the minimum acreage required for a residential zone or mixed-use commercial/residential zone within 1,000 feet of a MARTA station from 2.5 to one; to reduce the minimum acreage requirement from eight to five for a mixed-use com mercial and residential zone; to repeal conflicting laws; and for other purposes.

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475

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act providing for urban enterprise zones in the City of Atlanta and known as the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 13,1994 (Ga. L. 1994, p. 5055), is amended by striking subsection (d) of Section 5 and inserting in lieu thereof a new subsection (d) to read as follows:
"(d)(l) A zone for industrial purposes may not be less than 25 acres in size.
(2) A zone for commercial purposes may not be less than eight acres in size.
(3) A zone for residential purposes may not be less than five acres in size, except:
(A) When the proposed zone is within 1,000 feet of a MARTA station pedestrian en trance, in which case a minimum of one acre will be required;
(B) When the proposed zone contains a historic multifamily structure, which structure is suitable for rehabilitation or renovation and can provide a minimum of four multifamily housing units, in which case there will be no minimum acreage required;
(C) When the proposed zone contains a single-room occupancy residence in which at least 80 percent of the units to be provided bear weekly rents which do not exceed the fair market rents for the Atlanta metropolitan statistical area for single-room occu pancy residences as most recently published by the United States Department of Hous ing and Urban Development. In said case, there will be no minimum acreage required. Prior to enterprise zone status being granted to single-room occupancy residences, the single-room occupancy operating plan must be presented, and it must project a mini mum of 20 percent of the units for homeless persons, including persons previously liv ing in emergency shelters, substandard housing, or in no housing whatsoever; or
(D) When the proposed zone is located within the Central Business District of the City of Atlanta as denned in the most recent United States Census of Retail Trade, in which case a minimum of 2.5 acres will be required.
(4) A zone for mixed-use residential and commercial purposes may not be less than five acres in size, except when the proposed zone is located within 1,000 feet of a MARTA station pedestrian entrance, in which case a minimum of one acre will be required.
(5) A zone for mixed-use commercial and industrial purposes may not be less than 25 acres in size."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 45, nays 0, and substitute was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th

Burton Cagle Cheeks Crotts Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Griffin Guhl

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Harbison Henson Hill
Hooks James Johnson of 2nd Johnson of 1st Kemp

Langford Madden Marable
McGuire Middleton Oliver Pollard Ralston

Ray Starr Stokes
Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Clay Isakson Land

Newbill (excused) Perdue Ragan Scott

Slotin Tanksley Walker

On the passage of all the local bills, the yeas were 45, nays 0.
All the bills on the Senate Local Consent Calendar, except SB 254, having received the requisite constitutional majority, were passed.
SB 254, having received the requisite constitutional majority, was passed by substitute.
Senator Taylor of the 12th introduced Sgt. Charles Shirling and Sgt. Mike Ferros of the Aviation Section of the Georgia State Patrol, commended by SR 186, adopted previously.

SENATE CALENDAR
Thursday, February 9, 1995 NINETEENTH LEGISLATIVE DAY

HB 246 Funeral homes; identification tag; affix to casket and vault (Substitute) (C Aff-- 44th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on February 8, 1995.)
SB 195 Health Plan Act for 1995--create certain standards (Substitute) (Amendment) (H&HS--10th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on February 8, 1995.)

HR 49 English Language--designate official language (Ed--17th) SB 81 Certain Criminal Cases--limitations on granting of bail (Substitute) (Judy--
12th)
SB 115 Commission on Family Violence--entities represented (Judy--42nd)
SB 117 Family Violence Cases--fees (Judy--19th) SB 120 Child Custody--safety of child, parent victims of family violence (Judy--52nd) SB 124 Hearsay--certain statements by child admissible (Substitute) (Judy--54th)
SB 184 Boards of Education--nonpartisan election without nonpartisan primary (SLGO-G--44th)
SB 192 Elections--change qualifying, general primary dates in 1996 (SLGO-G--10th)

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477

SB 193 Elections-qualifying for county offices in nonpartisan elections (Substitute) (SLGO-G--10th)
SB 194 Elections--compensation of registrars (SLGO-G--10th)
SB 216 Local Government Fiscal Impact Act--provide (Substitute) (SLGO-G--35th)
SB 234 Evidence--husband/wife competent in certain criminal proceedings (Substitute) (Judy--54th)
SB 253 Identification Cards--unlawful use of words "State of Georgia" (SLGO-G--26th)
HB 164 Labor Department; supplemental appropriation; Unemployment Trust Fund (Approp--14th)
HB 197 Elections Code; corrections (S Judy--40th)
HB 199 Code of Georgia; corrections (S Judy--40th)
HB 278 Retirement and Pensions Code; corrections (S Judy--40th)
HB 318 Nursing homes; employment applicants; criminal record checks (Amendment) (YA&HE--3rd)
SB 165 Branch Banks--establishment, management (B&FI--23rd)
SB 68 Education--home economics course in parenting (Substitute) (H&HS--10th)
SB 84 Sheriffs--qualifications (Substitute) (Pub Saf--46th)
SB 97 General Assembly--issuance of housing affordability impact note (Amendment) (S Judy--27th)
SB 110 Judicial Proceedings--crime victim and family may be present (Substitute) (S Judy--47th)
SB 156 Juvenile Court Hearings--public access to certain records (Substitute) (S Judy--37th)
SB 209 Family Violence Victim--notify upon accused's release on bail (Substitute) (S Judy--1st)
HB 136 Fiscal retirement bills; cost reduction amendments; actuarial study (Ret--5th)
HB 137 Employees' Retirement; administer certain judicial systems (Ret--34th)
HB 138 Firemen's Pension Fund; change reference (Ret--38th)
HB 171 Teachers or Regents Retirement; University System employees; 60 days to choose (Ret--5th)
HB 266 Sheriffs' Retirement; cost of living increases (Ret--38th)
SB 98 Drivers' Licenses--minors must be enrolled in school (Substitute) (Pub Saf-- 6th)
SB 130 Adoption--prohibit sale of child by parent, guardian (H&HS--3rd)

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SB 137 Telecommunications and Competitive Development Act of 1995--provide (Substitute)(F&PU--18th)
SB 155 Peace Officer and Prosecutor Training Fund--disbursement of funds (Pub Saf-- 37th)
SB 161 City, County Property Not Needed for Public Roads--sale (Amendment) (F&PU--37th)
SB 188 Counselors, Social Workers, Marriage, Family Therapists--training (H&HS-- 19th)
SB 239 Governor's Council on Developmental Disabilities--create (H&HS--12th)
SB 250 Driver's License--exempt certain persons taking driving lessons (Pub Saf-- 55th)
SB 263 Special License Plates--commemorating 1996 Paralympic Games (EDT&CA-- 46th)
SB 287 State Patrol--radio operator, others retain badge with 25 years service (Pub Saf--24th)
SB 288 Commercial Motor Vehicle--disqualification from driving (Pub Saf--24th)
SR 12 J.L. Turner Bride--designate (Trans--14th)
SR 15 Charles Hardy Parkway--designate (Trans--31st)
SR 20 CA: Special Purpose County Sales Tax--use by local school systems (SubstituteXF&PU--49th)
SR 25 CA: Schools Without 50 Percent Passing Students--management, control (Amendment) (Ed--56th)
SR 40 MARTOC--conform certain committee designations (Trans--18th)
SR 125 CA: Special Purpose County Sales Tax--capital outlay projects for education (SubstituteXEd--52nd)
SR 127 School Health Assurance Plan--create commission to prepare (Amendment)(H&HS--10th)
HB 147 Automated teller machines; install at welcome centers (EDT&CA--46th)
HB 208 Vidalia onion marketing; amend provisions (Ag--45th)
HB 212 Department of Public Safety Nomenclature Act of 1995: enact (Pub Saf--45th)
HB 220 Ratites; include in livestock definition (Ag--45th)
HR 160 M.L. King Drive; designate portion of State Highway 333 (Trans--llth)
HR 173 Labeling; country of origin of peanuts; urge Congress require (Ag--llth)

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479

The following general bill of the House, having been read the third time and final ac tion suspended on February 8, pursuant to Senate Rule 143, and placed on the Senate Calendar for today, was continued upon its passage:

HB 246. By Representatives Bailey of the 93rd, Snow of the 2nd, Perry of the llth and others:

A bill to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments, so as to require that each casket and vault used for the burial of human remains shall have permanently affixed a tag of durable and noncorroding material perma nently marked with the name, date of birth, date of death, and social security number of the decedent.
Senate Sponsor: Senator Starr of the 44th.

The substitute to HB 246 offered by Senators Starr of the 44th and Griffin of the 25th, on February 8, as it appears in the Journal of February 8, was automatically reconsidered and put upon its adoption.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

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

Those voting in the affirmative were Senators:

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

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Oliver Perdue Pollard Ragan Ralston Ray Scott Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Black James

Newbill (excused) Slotin

Walker

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

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

The President Pro Tempore assumed the Chair.

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SB 49. By Senators Crotts the 17th, Langford of the 29th, Gochenour of the 27th and others:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag, seal, and other symbols, so as to designate English as the official language of the State of Georgia; to provide for use of the official language; to provide for construction; to prohibit discrimination; to provide for remedies; to provide for exceptions; to authorize use and printing of official docu ments in other languages.

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

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 Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Henson Hill Hooks Isakson Johnson of 1st Kemp Land Langford Madden

Marable McGuire Middleton Perdue Pollard Ragan Ralston Starr Tanksley Taylor Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Abernathy Brown of 26th Griffin

Harbison James Johnson of 2nd

Oliver Slotin Stokes

Those not voting were Senators:

Newbill (exused) Ray (presiding)

Scott Thomas

On the passage of the bill, yeas were 43, nays 9.
The bill, having received the requisite constitutional majority, was passed. Senator Crotts of the 17th moved that SB 49 be immediately transmitted to the House.
On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 49 was immedi ately transmitted to the House.

SB 81. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances in criminal cases in general, so as to provide limitations upon the granting of bail where there is probable cause to believe that a serious violent felony has been committed by a person previous ly convicted for a serious violent felony; to define terms; to state legislative find ings.

THURSDAY, FEBRUARY 9, 1995

481

The Senate Committee on Judiciary offered the following substitute to SB 81:
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 bonds and recognizance in criminal cases in general, so as to provide limitations upon the granting of bail where there is probable cause to believe that a serious violent felony has been committed by a person previously convicted for a serious violent felony; to define terms; to state legislative findings; to provide for a presumption in determining eligibility for bail; to provide for hearings and procedures; to provide for the right to counsel and other procedural rights; to provide for other procedural and eviden tiary matters; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances in criminal cases in general, is amended by adding after Code Section 17-6-1 a new Code Section 17-6-1.1 to read as follows:
"17-6-1.1.
(a) As used in this Code section, the term 'serious violent felony' means a serious violent felony as defined in Code Section 17-10-6.1.
(b) The General Assembly finds and declares that persons previously convicted of a seri ous violent felony:
(1) Pose a significant risk of fleeing from the jurisdiction of the court;
(2) Pose a significant danger to the community;
(3) Pose a significant risk of committing a felony pending trial; and
(4) Pose a significant risk of intimidating witnesses or otherwise obstructing the ad ministration of justice.
(c) If, after a hearing pursuant to the provisions of subsection (d) of this Code section, a judge of the superior court finds that no condition or combination of conditions will rea sonably assure the appearance of the person as required and the safety of any other person and the community, the judge shall order the detention of the person before trial. In a case described in subsection (d) of this Code section, a rebuttable presumption arises that no condition or combination of conditions will reasonably assure the safety of any other person and the community if such judge finds that the person has been convicted of a serious violent felony 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. Subject to rebuttal by the person, it shall be presumed that no condition or combination of condi tions will reasonably assure the community, if a committing court or grand jury has found that there is probable cause to believe that the person committed a serious violent felony; provided however, that no bond hearing shall be held until after there has been a finding of probable cause by a grand jury or committing court.
(d) A judge of the superior court shall hold a hearing to determine whether any condition or combination of conditions will reasonably assure the appearance of the person re quired and the safety of any other person and the community upon motion of the district attorney or judge in any case involving a serious violent felony where the accused has been previously convicted of a serious violent felony. The hearing shall be held immedi ately upon the person's first appearance before the judge unless that person, or the dis trict attorney, seeks a continuance. Except for good cause, a continuance may not exceed five days. During a continuance the person shall be detained. At the hearing the person

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has the right to be represented by counsel, and if unable to afford counsel, to have coun sel appointed. The person shall be afforded the opportunity to testify, to present wit nesses, to cross-examine witnesses, and to present information. The rules concerning admissibility of evidence in criminal trials do not apply to the presentation and consider ation of information at the hearing. The person may be detained pending completion of the hearing. The hearing may be reopened at any time before the trial if the judicial officer finds that information exists that was not known to the movant or defendant at the time of the hearing and that has a material bearing on the issue of whether there are conditions of release that will reasonably assure the appearance of the person as re quired and the safety of any other person and the community.
The judge shall, in determining whether there are conditions of release that will reason ably assure the appearance of the person as required and the safety of any other person and the community, take into account the available information concerning:
(1) The nature and circumstances of the offense charged;
(2) The weight of evidence against the person;
(3) The history and characteristics of the person; and
(4) The nature and seriousness of the danger to any person or the community that should be posed by the person's release on bail.
(f) In any case where the judge determines that such person may be released on bail the provisions of Code Section 17-6-1 shall apply."

SECTION 2.

This Act shall become effective July 1, 1995. This Act shall apply to all bail hearings held on or after that effective date, without regard to whether the offense was committed prior to, on, or after that date and without regard to whether the underlying prior conviction occurred prior to, on, or after that effective date.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden

Marable McGuire Middleton Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner

THURSDAY, FEBRUARY 9, 1995

483

Tysinger Walker

Those not voting were Senators:

Abernathy

Newbill (excused)

Ray (presiding)

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator McGuire of the 30th introduced the doctor of the day, Dr. Jeff L. Stewart, Bowdon, Georgia.
Senator Harbinson of the 15th introduced the family of the late former Senator John Parrish, commended by SR 124 and SR 184, adopted previously.
The Calendar was resumed.

SB 115. By Senators Oliver of the 42nd, Scott of the 36th and Thompson of the 33rd:

A bill to amend Code Section 19-13-32 of the Official Code of Georgia Annotated, relating to membership of the State Commission on Family Violence, so as to change the entities represented by membership on the commission.

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

On 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge

Egan Gillis Glanton Gochenour Griffin Guhl Harbison Hill Isakson Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Oliver Perdue Pollard Ragan Ralston Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Farrow Henson Hooks

James Newbill (excused) Ray (presiding)

Scott Walker

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

SB 117. By Senators Ray of the 19th, Thompson of the 33rd, Brown of the 26th and others:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of superior court clerks, so as to change the amount of fees charged in family violence cases; to provide that the fees so specified shall be

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JOURNAL OF THE SENATE

inclusive of all amounts provided for in other laws, except for costs for service of process; to provide for other related matters; to provide for an effective date and applicability.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Brown of 26th
Burton Cagle Cheeks Clay
Crotts Day Dean
Edge
Farrow Gillis
Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks
Isakson James
Johnson of 2nd Kemp Land
Langford Madden
Marable McGuire
Middleton

Oliver Perdue Pollard
Ragan Ralston Scott Slotin Starr
Stokes Tanksley
Taylor Thomas Thompson
Turner Tysinger
Walker

Those not voting were Senators:

Black Broun of 46th

Egan Johnson of 1st

Newbill (excused) Ray (presiding)

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

SB 120. By Senators Marable of the 52nd, Scott of the 36th, Oliver of the 42nd and others:

A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to provide for the consideration of the safety of the child and of a parent who has been the victim of family violence in proceedings in which child custody or parental visitation is an issue if the court has made a finding of family vio
lence.

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

On 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
Black Blitch Boshears
Bowen Broun of 46th
Brown of 26th

Burton Cagle
Cheeks Clay Crotts
Day Dean
Edge

Egan Farrow
Gillis Glanton Gochenour
Griffin Guhl
Harbison

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485

Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st
Kemp Land Langford

Madden Marable McGuire Middleton Oliver Perdue Pollard
Ragan Ralston

Those not voting were Senators:

Newbill (excused) Ray (presiding)

Scott

Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger
Walker

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 124. By Senators Farrow of the 54th, McGuire of the 30th, Land of the 16th and Glanton of the 34th:
A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to hearsay, so as to provide that certain statements made by a child to another shall be admissible through the testimony of such other person under certain circumstances.

The Senate Judiciary Committee offered the following substitute to SB 124:

A BILL
To be entitled an Act to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to hearsay, so as to provide that certain statements made by a child to another shall be admissible through the testimony of such other person under certain circumstances; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to hearsay, is amended by striking in its entirety Code Section 24-3-16, relating to the admissibility of testimony as to a child's description of sexual con duct or physical abuse, and inserting in lieu thereof the following:
"24-3-16.
A statement made by a child under the age of 14 years describing any act of sexual con tact or physical abuse performed with or on the child by another or performed with or on another in the presence of the child is admissible in evidence by the testimony of the person or persons to whom made if the child is available to testify in the proceedings and the court finds that the circumstances of the statement provide sufficient indicia of reliability."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable in all tribunals and trials initiated prior to, on, or subsequent to such date.

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JOURNAL OF THE SENATE

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was
adopted. The report of the committee, which was favorable to the passage of the bill by substi
tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th
Brown of 26th Burton
Cagle Cheeks
Crotts
Day Dean
Edge Egan
Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill
Hooks Isakson
James Johnson of 2nd
Johnson of 1st
Kemp Land
Langford Madden
Marable McGuire

Middleton Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Clay

Newbill (excused)

Ray (presiding)

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 184. By Senators Starr of the 44th and Thomas of the 10th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as to provide for the filling of offices of members of boards of education at nonpartisan elec tions without a prior nonpartisan primary.
Senator Starr of the 44th moved that SB 184 be committed to the Senate State and Local Governmental Operations Committee.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 184 was com mitted to the Senate State and Local Governmental Operations Committee.

SB 192. By Senators Thomas of the 10th and James of the 35th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as to change the dates for qualifying and for the general primary in 1996.
Senator Farrow of the 54th moved that SB 192 be committed to the Senate State and Local Governmental Operations Committee.

THURSDAY, FEBRUARY 9, 1995

487

Senator Dean of the 31st moved the previous question.
Senator Farrow of the 54th moved to place SB 192 on the Table.
On the motion to Table SB 192, which takes precedence, the yeas were 3, nays 39; and the motion was lost.

The previous question motion by Senator Dean of the 31st was next in order of precedence.

On the motion for the previous question, there was no objection, and the previous ques tion was ordered.

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

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears
Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Gillis

Glanton Gochenour Griffin Guhl
Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Oliver Perdue Pollard
Ragan Ralston Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Farrow and Henson.

Those not voting were Senators:

Abernathy Newbill (excused)

Ray (presiding)

Taylor

On the passage of the bill, the yeas were 50, nays 2. The bill, having received the requisite constitutional majority, was passed. The President resumed the Chair.

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 201. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19941995 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1994-1995.

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JOURNAL OF THE SENATE

The following bill was taken up to consider the House action thereto:
HB 201. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others;
A bill to amend an Act providing appropriations for the State Fiscal Year 19941995 known as the general Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1994-1995.
Senator Hooks of the 14th moved that the Senate insist on its substitute to HB 201.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 201.
The President announced that the Senate would stand in recess from 12:05 P.M. until 1:30 P.M.
The President called the Senate or order at 1:30 P.M.
The Calendar was resumed.
SB 193. By Senators Thomas of the 10th and James of the 35th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to provide for procedures for qualifying for candidates seeking election to county offices in nonpartisan elections.
The Senate Committee on State and Local Governmental Operations offered the fol lowing substitute to SB 193:
A BILL
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to provide for procedures for qualifying for candidates seeking election to county offices in nonpartisan elections; 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.
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," is amended by striking in their entirety subsections (b) and (b.l) of Code Section 212-132, relating to procedures for qualifying, and inserting in lieu thereof new subsections to read as follows:
"(b) Candidates seeking nomination in a nonpartisan primary fui Ihn office uf judge of a
aLiiLc lAJiLi'L, j unJj^c 01 & SUJJCI'IMI uuiii't, Juiij^c ul Llic v/Oili'u ul A]j^jt;cilS, OIL J^iSLlCt; OI Llic
Supreme Cuurt shall comply with the requirements of subsections (b.l) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonparti san primary ballots. Candidates seeking election in a nonpartisan election for an office that the General Assembly has provided by local Act shall be filled without a prior nonpartisan primary shall comply with the requirements of subsections (c) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonparti san primary ballots.
(b.l) All candidates specified in subsection (b) of this Code section seeking nomination in a nonpartisan primary shall file their notice of candidacy and pay the prescribed qualifying

THURSDAY, FEBRUARY 9, 1995

489

fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary ballot by the Secretary of State or election superinten dent, as the case may be, in the following manner:
(1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or his the candidate's agent, desiring to have his or her name placed on the nonpartisan primary ballot shall file a notice of his candidacy, giving his or her name, residence address, and the office he it, seeking sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and not later than 12:00 Noon on the Friday following the fourth Monday in April; and
(2) Each candidate for the office of judge of a state com t a county judicial office, a local school board office, or an office of a consolidated government, or fais the candidate's agent, desiring to have his or her name placed on the nonpartisan primary ballot shall file no tice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Monday in April immediately prior ot the election and no later than 12:00 Noon on Friday following the fourth Monday in April."

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 30, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Black Blitch
Boshears Bowen Broun of 46th Burton Cagle Cheeks
Crotts Dean Edge Farrow
Gillis Glanton Gochenour
Griffin

Guhl Harbison
Henson Hill Hooks James Johnson of 2nd Johnson of 1st
Kemp Land Langford Madden
Marable McGuire Middleton
Newbill

Oliver Perdue
Pollard Ragan Ralston Ray Slotin Starr
Stokes Tanksley Taylor Thomas
Thompson Turner Tysinger

Voting in the negative was Senator Egan.

Those not voting were Senators:

Abernathy Balfour Brown of 26th

Clay Day Isakson

Scott Walker

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

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JOURNAL OF THE SENATE

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

SB 194. By Senators Thomas of the 10th and James of the 35th:

A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to change the minimum compensation for chief registrars, registrars, and chief deputy registrars.

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

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

Those voting in the affirmative were Senators:

Bowen Broun of 46th Dean Farrow Gillis Glanton Griffin Harbison

Henson Hill James Johnson of 2nd Johnson of 1st Langford Marable Oliver

Perdue Ragan Ray Scott Starr Stokes Thomas Turner

Those voting in the negative were Senators:

Balfour Black Blitch Boshears Burton Cagle Cheeks Clay Crotts Day

Edge Egan Gochenour Guhl Isakson Kemp Land Madden McGuire

Middleton Newbill Pollard Ralston Slotin Tanksley Taylor Thompson Tysinger

Those not voting were Senators:

Abernathy Brown of 26th

Hooks

Walker

On the passage of the bill, the yeas were 24, nays 28.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Thomas of the 10th gave notice that at the proper time she would move that the Senate reconsider its action defeating SB 194.

SB 234. By Senators Farrow of the 54th, Oliver of the 42nd and Stokes of the 43rd:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings; to provide conditions regarding when such hus band or wife shall be compellable to give evidence.

THURSDAY, FEBRUARY 9, 1995

491

The Senate Judiciary Committee offered the following substitute to SB 234:
A BILL
To be entitled an Act to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding cer tain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceed ings; 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 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 9 of Title 24 of the Official Code of Georgia Annotated, relat ing to certain privileges and confidentiality regarding certain testimony and communica tions of witnesses generally, 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 privi leges 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 privi leges 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 charge with the commis sion of any felony or the otfense of'battery, simple battery, simple assault, stalking, crim inal damage to property, or criminal trespass, against the person or property of such person's spouse, but such person shall be compellable to give evidence only on the specific act for which the defendant is charged?'
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Farrow of the 54th offered the following amendment:
Amend the Senate Committee on Judiciary substitute to SB 234 by striking line 6 of page 2 and inserting in lieu thereof the following:
"felony against the person or property of such person's spouse or the offense of battery, simple battery, simple".
By striking line 8 of page 2 and inserting in lieu thereof the following:
"criminal trespass against the person or property of such".
On the adoption of the amendment, the yeas were 42, nays 0, and the Farrow amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge
Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden
Marable McGuire

Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger
Walker

Those not voting were Senators:

Griffin

Middleton

Ray

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 253. By Senators Brown of the 26th, Ray of the 19th and Perdue of the 18th:

A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices; so as to make it unlawful for any person other than a governmental agency to manufacture, sell or distribute an identification card using the words "State of Georgia" unless such identification card has printed thereon the word "nonofficial"; to provide penalties; to provide for the offense of fraudulent issuance of personal identification cards.

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

On 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 Black
Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day

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

James Johnson of 2nd Johnson of 1st
Kemp Land Langford
Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard

THURSDAY, FEBRUARY 9, 1995

493

Ragan Ralston Ray Scott Slotin

Starr Stokes Tanksley Taylor Thomas

Thompson Turner Tysinger Walker

On the passage of the bill, the yeas were 56, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 164. By Representatives Parrish of the 144th, Coleman of the 142nd, Buck of the 135th and others:

A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund.
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:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators James and Perdue.

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

HB 197. By Representatives Chambless of the 163rd, Bostick of the 165th, Barnes of the 33rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General

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JOURNAL OF THE SENATE

Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.
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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Hill Isakson James Johnson of 2nd Kemp Land Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Henson Hooks

Johnson of 1st Langford

Starr

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

HB 199. By Representatives Chambless of the 163rd, Bostick of the 165th, Barnes of the 33rd and others:

A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory por tion of the Official Code of Georgia Annotated, as amended; to provide for neces sary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated. 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 Blitch Boshears

Bowen Brown of 26th Burton Cagle

Cheeks Clay Crotts Day

THURSDAY, FEBRUARY 9, 1995

495

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

Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard

Those not voting were Senators:

Black Broun of 46th

James

Ragan Ralston Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker
Starr

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 278. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other er rors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated, to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated. Senate Sponsor: Senator Egan of the 40th.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENTS OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia, 30334-8400 January 12, 1995

The Honorable Tommy Chambless, Chairman House Judiciary Committee State Capitol, Room 132 Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification House Bill 278 (LC 21 2986)

Dear Chairman Chambless:
This bill would correct capitalization, spelling, stylistic, typographical, and other er rors and omissions in Title 47 of the Official Code of Georgia Annotated.
This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.
Sincerely, /s/ Claude L. Vickers
State Auditor

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JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Not voting was Senator Clay.

On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed.

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

Mr. President:
The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

HB 201. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19941995 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1994-1995.
The Speaker has appointed on the part of the House, Representatives Walker of the 141st, Coleman of the 142nd and Buck of the 135th.
The following bill was taken up to consider House action thereto:

HB 201. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19941995 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1994-1995.

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497

Senator Hooks of the 14th moved that the Senate adhere to its substitute to HB 201 and appoint a Conference Committee.
On the motion, the yeas were 40, nays 0; the motion prevailed the President appointed as a Committee of Conference on the part of the Senate, the following:
Senators Hooks of the 14th, Walker of the 22nd and Ray of the 19th.
The Calendar was resumed.

HB 318. By Representatives Randall of the 127th, Childers of the 13th and Jones of the 71st:

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 provide for definitions; to provide for criminal record checks for employment applicants for nursing homes.

Senate Sponsor: Senator Kemp of the 3rd.

The Senate Committee on Youth, Aging and Human Ecology offered the following amendment:

Amend HB 318 by inserting following the words "armed robbery" on line 2 of page 2 the following:
*; a felony violation of Chapter 13 of Title 16, relating to controlled substances".
By adding following the word "persons" on line 22 of page 3 the following:
"with a criminal record".
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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

Those voting in the affirmative were Senators:

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

Gochenour Griffin Guhl Harbison Henson Hill
Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston
Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Ty singer Walker

Not voting was Senator Blitch.

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

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed as amended.
SB 165. By Senators Cheeks of the 23rd, Thompson of the 33rd, Clay of the 37th, Harbison of the 15th and others:
A bill to amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding companies, so as to provide for legislative findings and intent; to revise and de lete certain definitions; to revise provisions relative to the management of branch banks; to revise provisions relative to the establishment of branch banks within groups of counties whose outer boundary does not include any county of less than 100,000.
Senator Turner of the 8th offered the following amendment:
Amend SB 165 by adding on line 26 of page 1 after the semicolon and before the word "to" the following:
"to provide an effective date;".
By redesignating Section 7 as Section 8 and by adding between lines 34 and 35 of page 11 a new Section 7 to read as follows:
"SECTION 7.
This Act shall become effective on July 1, 1996."
Senator Turner of the 8th asked unanimous consent that his amendment be withdrawn.
The consent was granted, and the amendment offered by Senator Turner of the 8th was withdrawn.
Senators Boshears of the 6th and Langford of the 29th offered the following amendment:
Amend SB 165 by adding on line 20 of page 1 after the word "located" and before the semi colon the following:
"on and after January 1, 1997 and upon obtaining approval from the department".
By striking lines 21 through 23 of page 7 and inserting in lieu thereof the following:
"which said parent bank or branch bank is situated. Beginning January 1,1997, a parent bank or branch bank, subject to the conditions provided in this part, may, upon obtaining approval and a permit from the department, establish and operate a bank office or offices within any county which is contiguous to such county in which the parent bank or branch bank is located."
By striking lines 29 and 30 of page 7 and inserting in lieu thereof the following:
"situated. Beginning January 1, 1997, a parent bank or a branch bank, subject to the conditions provided in this part, may, upon obtaining approval and a permit from the department, establish and operate a bank facility or facilities within any county which is contiguous to such county in which the parent bank or branch bank is located."
Senator Boshears of the 6th asked unanimous consent that his amendment be withdrawn.
The consent was granted, and the amendment offered by Senators Boshears of the 6th and Langford of the 29th was withdrawn.

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499

Senators Thompson of the 33rd and Cheeks of the 23rd offered the following amendment:

Amend SB 165 by adding at the end of line 7 of page 1 the following: "or bank offices".
By striking on line 9 of page 1 the following: "100,000",
and inserting in lieu thereof the following: "250,000".
By striking from line 24 of page 5 the following: "100,000",
and inserting in lieu thereof the following: "250,000".
By adding on line 26 of page 5 after the word "bank" and before the word "within" the following:
"or bank office". Senator Thompson of the 33rd asked unanimous consent that his amendment be
withdrawn.

Senator Starr of the 44th objected, and the President ordered a roll call on the adoption of the amendment and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Blitch Griffin

Kemp

Pollard

Not voting were Senators Black and Johnson of 2nd.

On the adoption of the amendment, the yeas were 50, nays 4, and the Thompson and Cheeks amendment was adopted.

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JOURNAL OF THE SENATE

Senator Turner of the 8th offered the following amendment:
Amend SB 165 by adding on line 26 of page 1 after the semicolon and before the word "to" the following:
"to provide an effective date;". By redesignating Section 7 as Section 8 and by adding between lines 34 and 35 of page 11 a new Section 7 to read as follows:

"SECTION 7.

This Act shall become effective on January 1, 1997."

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

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day Dean Edge Farrow Gillis Glanton Gochenour

Griffin Guhl Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Scott Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Blitch Clay

Egan Harbison

Land Slotin

Not voting was Senator Black.

On the adoption of the amendment, the yeas were 49, nays 6, and the Turner amend ment 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 Boshears Broun of 46th Brown of 26th Burton Cheeks Clay Egan
Farrow

Glanton

Gochenour



Harbison

Henson

Isakson

James

Johnson of 2nd

Johnson of 1st

Land

Langford

McGuire Newbill Oliver Perdue Scott Slotin Stokes Tanksley Thomas
Thompson

THURSDAY, FEBRUARY 9, 1995

501

Turner

Tysinger Walker

Those voting in the negative were Senators:

Black Blitch Bowen Cagle Crotts Day Dean Edge

Gillis Griffin Guhl Hill Hooks Kemp Madden Marable

Middleton Pollard Ragan Ralston Ray Starr Taylor

On the passage of the bill, the yeas were 33, nays 23.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Cheeks of the 23rd moved that SB 165 be immediately transmitted to the House.
On the motion, the yeas were 44, nays 8; the motion prevailed, and SB 165 was imme diately transmitted to the House.

Senator Perdue of the 18th moved that the Senate do now adjourn until 9:00 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 3:15 P.M.

502

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, February 10, 1995 Twentieth Legislative Day
The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd 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 Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 629. By Representatives Walker of the 87th and Johnson of the 84th:
A bill to amend an Act entitled "An Act to create the Walton County Commis sion of Children and Youth," so as to clarify the nature of the commission.
HB 581. By Representatives Walker of the 141st, Lee of the 94th, Coleman of the 142nd, Murphy of the 18th, Towery of the 30th and others:
A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, so as to provide for changes in the statutory rates for legal advertising.
HB 62. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th, Coleman of the 142nd and Buck of the 135th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain public officials, so as to change the amount of the daily expense allowance of members of the General Assembly.
HB 128. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to assessment of effectiveness of educational programs, so as to provide for issuance of a warranty affirming a student's preparation to each student re ceiving a high school diploma; to provide that when, under certain conditions, a person to whom such a warranty has been issued is identified as deficient in certain skills, such person may enroll free of charge in related classes offered by any technical and adult education school.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 261. By Representatives Buck of the 135th, Culbreth of the 132nd, Smyre of the 136th, Smith of the 102nd, Hugley of the 133rd and others:
A resolution designating a portion of the Pine Mountain Trail in honor of D. Neal Wickham.

FRIDAY, FEBRUARY 10, 1995

503

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 315. By Senators Henson of the 55th, Stokes of the 43rd and Thomas of the 10th:
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 for a short title; to pro vide for legislative findings and purposes; to establish the Georgia Youthbuild Program within the Department of Children and Youth Services; to provide for the authority, duties, and powers of the Department of Children and Youth Services with respect to the Youthbuild Program; to provide for participation in the Youthbuild Program.
Referred to Committee on Health and Human Services.
SB 316. By Senators Tysinger of the 41st, Oliver of the 42nd and Broun of the 46th:
A bill to amend Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Trade Secrets Act of 1990," so as to change the definition of "trade secret"; to provide that information regarding actual or potential customers or suppliers is a trade secret without regard to the form of such information in certain circumstances.
Referred to Committee on Judiciary.
SB 317. By Senator Isakson of the 21st:
A bill to amend Code Section 20-2-261 of the Official Code of Georgia Annotated, regarding common minimum school facility requirements, so as to remove a cer tain provision providing for automatic repeal.
Referred to Committee on Education.
SB 318. By Senators Thompson of the 33rd, Hill of the 4th, Dean of the 31st and Marableofthe 52nd:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions of vehicles on public roads, so as to provide for single-trip emergency permits for vehicles and loads in ex cess of 16 feet wide.
Referred to Committee on Transportation.
SB 319. By Senators Thompson of the 33rd, Dean of the 31st and Marable of the 52nd:
A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the control of signs and signals adjacent to right of ways, so as to change the declaration of policy; to redefine the terms "primary system" and "primary highway".
Referred to Committee on Transportation.
SB 320. By Senators Thompson of the 33rd, Hill of the 4th, Dean of the 31st and Marable of the 52nd:
A bill to amend Code Section 40-14-3 of the Official Code of Georgia Annotated, relating to applications for permits for speed detection devices, so as to provide for approval of speed limits by the Office of Traffic Operations of the Department of Transportation.
Referred to Committee on Transportation.

504

JOURNAL OF THE SENATE

SB 321. By Senators Thompson of the 33rd and Dean of the 31st:
A bill to amend Code Section 32-6-75.3 of the Official Code of Georgia Annotat ed, relating to applications for tree trimming permits and annual renewals thereof, so as to provide for the setting of the amounts of application and renew al fees; to recover the cost of administering the tree trimming program.
Referred to Committee on Transportation.
SB 322. By Senators Thompson of the 33rd, Hill of the 4th, Dean of the 31st and Marable of the 52nd:
A bill to amend Code Section 46-9-272 of the Official Code of Georgia Annotated, relating to the definition of terms used in the "Georgia Rail Passenger Authority Law," so as to redefine the term "project".
Referred to Committee on Transportation.
SB 323. By Senators Edge of the 28th, Ray of the 19th, Pollard of the 24th and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide guidelines and limits on the number of corporate exemptions; to clarify the provisions related to subrogation; to increase the civil and criminal penalties for false and misleading statements; to provide for the creation of a fraud and compliance unit within the State Board of Workers' Compensation.
Referred to Committee on Insurance and Labor.
SB 324. By Senators McGuire of the 30th, Ray of the 19th, Perdue of the 18th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to authorize the reading or posting of certain writings, documents, and records without content based censorship thereof; to provide for notice to local school superintendents.
Referred to Committee on Education.
SB 325. By Senator Walker of the 22nd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to increase to seven the number of judges for the Augusta Judicial Circuit; to pro vide for the appointment and term of the initial seventh judge; to provide for the election and term of successors to the initial seventh judge; to provide for the qualifications of such judge; to provide for the compensation, salary, and ex pense allowance of said judge.
Referred to Committee on Judiciary.
SB 326. By Senators Langford of the 29th, Tysinger of the 41st, Isakson of the 21st and Ray of the 19th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liability general ly, so as to provide that rates under the assigned risk plan for workers' compen sation shall be set at certain levels in accordance with accepted actuarial stan dards; to provide a definition; to provide standards for rates under the assigned risk plan for workers' compensation.
Referred to Committee on Insurance and Labor.

FRIDAY, FEBRUARY 10, 1995

505

SB 327. By Senators Glanton of the 34th, Gochenour of the 27th, Tanksley of the 32nd and others:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, so as to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to require that certain information be provided to or made available to a female prior to an abortion; to require a written acknowledgement of receipt of such information.
Referred to Committee on Judiciary.
SB 328. By Senators Isakson of the 21st, Tanksley of the 32nd, Clay of the 37th and others:
A bill to amend an Act creating the Cobb County-Marietta Water Authority, as amended, so as to change the membership of the authority; to change the ap pointment and terms of office of certain of the members of the authority.
Referred to Committee on State and Local Governmental Operations.
SB 329. By Senators Thompson of the 33rd, Perdue of the 18th, Ray of the 19th and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide a procedure by which a sentence of life imprisonment or death may be imposed by the trial judge when the sentencing jury has found the existence of at least one statutory aggravating circumstance but is unable to render a sentencing verdict.
Referred to Committee on Judiciary.
SR 196. By Senators Stokes of the 43rd, Oliver of the 42nd, Guhl of the 45th and others:
A resolution creating the Senate Task Force on Violence in the Media.
Referred to Committee on Rules.
The following bills and resolution of the House were read the first time and referred to committees:
HB 62. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and others:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain public officials, so as to change the amount of the daily expense allowance of members of the General Assembly.
Referred to Committee on Appropriations.
HB 128. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to assessment of effectiveness of educational programs, so as to provide for issuance of a warranty affirming a student's preparation to each student re ceiving a high school diploma; to provide that when, under certain conditions, a person to whom such a warranty has been issued is identified as deficient in certain skills, such person may enroll free of charge in related classes offered by any technical and adult education school.
Referred to Committee on Education.

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JOURNAL OF THE SENATE

HB 581. By Representatives Walker of the 141st, Lee of the 94th, Coleman of the 142nd and others:
A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, so as to provide for changes in the statutory rates for legal advertising.

Referred to Committee on Judiciary.

HB 629. By Representatives Walker of the 87th and Johnson of the 84th:
A bill to amend an Act entitled "An Act to create the Walton County Commis sion of Children and Youth," so as to clarify the nature of the commission.

Referred to Committee on State and Local Governmental Operations.

HR 261. By Representatives Buck of the 135th, Culbreth of the 132nd, Smyre of the 136th and others:
A resolution designating a portion of the Pine Mountain Trail in honor of D. Neal Wickham.

Referred to Committee on Natural Resources.

Mr. President:

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

SB 179. Do pass by substitute.

SB 284. Do pass.

Respectfully submitted, Senator Henson of the 55th District, Chairman

Mr. President:

The Committee on Corrections, Correctional Institutions and Property 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 53. Do pass by substitute.

HB 347. Do pass.

HB 345. Do pass.

HB 348. Do pass.

HB 346. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

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

SB 175. Do pass.

SR 180. Do pass by substitute.

SR 88. Do pass.

Respectfully submitted, Senator Marable of the 52nd District, Chairman

FRIDAY, FEBRUARY 10, 1995

507

Mr. President: The Committee on Judiciary has had under consideration the following bill of the
Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 157. Do pass by substitute.
Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President:
The Committee on Judiciary has had under consideration the following bills and reso lution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 113. Do pass by substitute.

SB 249. Do pass.

SB 180. Do pass.

SB 283. Do pass.

SB 187. Do pass.

SR 97. Do pass.

SB 231. Do pass.

Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President: The Committee on Special Judiciary has had under consideration the following bill of
the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 219. Do pass.
Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 525. Do pass.

HB 574. Do pass.

HB 539. Do pass.

HB 442. Do pass.

HB 556. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

SB 89 SB 298 HB 3 HB 264

SB 202 SB 299 HB 38 HB 401

SB 244 SR 28 HB 100

SB 271 SR 139 HB 106

SB 286 SR 159 HB 174

SB 289 SR 160 HB 217

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JOURNAL OF THE SENATE

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

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Starr Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy Edge

Harbison Slotin

Stokes

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Kemp of the 3rd introduced the chaplain of the day, Pastor Mike Cowart, Live Oak Church of God, Hinesville, Georgia, who offered scripture reading and prayer.

The following resolution was read and adopted:

SR 201. By Senators Henson of the 55th, James of the 35th and Slotin of the 39th:
A resolution recognizing the Islamic community in Georgia.
Senator Henson of the 55th introduced Leaders of the Islamic Community in Georgia, commended by SR 201, who briefly addressed the Senate and presented the Senate with a copy of the Koran.
The following resolutions were read and adopted:

SR 193. By Senator Madden of the 47th: A resolution commending Dr. Kirk Hartsfield.

SR 194. By Senators Brown of the 26th, Gochenour of the 27th, Perdue of the 18th and others:
A resolution expressing regret at the passing of William P. "Daddy Bill" Randall.

SR 195. By Senators Taylor of the 12th, Hooks of the 14th, Bowen of the 13th and others: A resolution commending Otis M. Burgess.

SR 197. By Senator Brown of the 26th: A resolution commending Gary E. Mann, K.A.

FRIDAY, FEBRUARY 10, 1995

509

SR 198. By Senator Ralston of the 51st:
A resolution commending Jo Thurman.
SR 199. By Senator McGuire of the 30th: A resolution expressing regret at the passing of Lamar Rich Plunkett.
SR 200. By Senator Dean of the 31st: A resolution commending Reverend Dewey Penson.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Friday, February 10, 1995
TWENTIETH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 525 Hooks, 14th LEE COUNTY
Amend an Act to create the Lee County Utilities Authority, so as to provide for the membership of the authority, including ex-officio and appointed members.
HB 539 Perdue, 18th HOUSTON COUNTY
Amend an Act reincorporating and providing a new charter for the City of Perry in Houston County.
HB 556 Ralston, 51st GILMER COUNTY Act to provide a homestead exemption from Gilmer County School District ad valorem taxes.
HB 442 Hooks, 14th SUMTER COUNTY Amend an Act to change the compensation of the chairperson and commission ers of Sumter County Board of Commissioners.
HB 574 Ragan, llth PELHAM CITY Amend an Act to change the manner and method of filling vacancies in the office of mayor or council member.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

510

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Balfour Black Blitch
Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin
Guhl Harbison Henson Hill Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill
Perdue Pollard Ragan Ralston Ray Slotin Starr Tanksley Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Clay Hooks

Oliver Scott

Stokes Taylor

On the passage of the local bills, the yeas were 49, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite con stitutional majority, were passed.
NOTICE OF MOTION TO RECONSIDER:

SB 194 Elections--compensation of registrars (SLGO-G--10th)
SENATE RULES CALENDAR Friday, February 10, 1995
TWENTIETH LEGISLATIVE DAY

SB 188 Counselors, Social Workers, Marriage, Family Therapists--training (H&HS-- 19th)
SB 137 Telecommunications and Competitive Development Act of 1995--provide (Sub stitute) (F&PU--18th)
SB 68 Education--home economics course in parenting (Substitute) (H&HS--10th)
SB 210 Rape, Aggravated Sodomy Charge--marital relationship not defense (Substi tute) (S Judy--1st)
SB 223 Evidence--privileged communications, psychiatrist/patient (Substitute) (Judy--47th)
SB 84 Sheriffs--qualifications (Substitute) (Pub Saf--46th)
SB 209 Family Violence Victim--notify upon accused's release on bail (Substitute) (S Judy--1st)

FRIDAY, FEBRUARY 10, 1995

511

SB 1 Civil Actions--special motions to strike unjustified lawsuits (Substitute) (Judy--42nd)
SB 156 Juvenile Court Hearings--public access to certain records (Substitute) (S Judy--37th)
SB 239 Governor's Council on Developmental Disabilities--create (H&HS--12th)
SR 12 J. L. Turner Bridge--designate (Trans--14th)
SR 15 Charles Hardy Parkway--designate (Trans--31st) Respectfully submitted,
/s/ Scott of the 36th, Chairman Senate Rules Committee

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

SB 188. By Senators Ray of the 19th and Walker of the 22nd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotat ed, relating to professional counselors, social workers, and marriage and family therapists, so as to change certain training requirements.

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

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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Tanksley Thomas Thompson Turner

Voting in the negative was Senator Tysinger.

Those not voting were Senators:

Abernathy Glanton Isakson

James Stokes

Taylor Walker

On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

SB 137. By Senators Perdue of the 18th, Tysinger of the 41st, Oliver of the 42nd and others:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service and regulation of such service, so as to provide for an alternative system of regulation of telecommunications service; to provide for a short title; to provide for legislative findings and intent; to define terms; to provide for the conditions under which such alternative system of reg ulation shall be established; to provide for fair competition and consumer pro tection in the local exchange.
The Senate Committee on Finance and Public Utilities offered the following substitute to SB 137:
A BILL
To be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Anno tated, relating to telephone and telegraph service and regulation of such service, so as to provide for an alternative system of regulation of telecommunications service; to provide for a short title; to provide for legislative findings and intent; to define certain terms; to provide for the conditions under which such alternative system of regulation shall be estab lished; to provide for fair competition and consumer protection in the local exchange and intrastate telecommunications industry; to provide for technological investment in such industry and economic development for the State of Georgia; to provide for matters to be regulated under such regulatory system; to provide for the jurisdiction, powers, and duties of the Public Service Commission with respect to implementing such regulatory system; to provide for the applicability of the rules and regulations of the Public Service Commission; to authorize competition between local exchange companies under certain conditions; to authorize the reselling of local exchange services under certain conditions; to provide for interconnection between certificated providers; to provide procedures for interconnection; to authorize local exchange companies to make an election relative to alternative regula tion; to provide for rates for switched access; to create a Universal Access Fund and to provide for contributions to and disbursements from said fund; to require local exchange companies to file certain information with the Public Service Commission; to provide limi tations on local exchange companies which elect an alternative system of regulation; to provide for portability of telephone numbers; to provide restrictions on local measured tele communications services; to provide that certain local exchange companies shall have an investment commitment; to provide for certain privacy with respect to telecommunications services; to provide that no provider of telephone caller identification service shall be held liable for violations of this Act committed by other persons or corporations; to require the Public Service Commission to report annually to the General Assembly concerning the transition to alternative regulation; to provide for applicability; to provide for other matters relative thereto; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA;
SECTION 1.
Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service and regulation of such service, is amended by adding a new Article 4 to read as follows:
"ARTICLE 4
46-5-160.
This article shall be known and may be cited as "The Telecommunications and Competi tion Development Act of 1995.'

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46-5-161.
(a) The General Assembly finds:
(1) It is in the public interest to establish a new regulatory model for telecommunica tions services in Georgia to reflect the transition to a reliance on market based compe tition as the best mechanism for the selection and provision of needed telecommunciations services at the most efficient pricing;
(2) Investment in the telecommunications infrastructure required to economic growth in Georgia and to meet the growing demands of Georgia's consumers will be en couraged through competition; and
(3) In order to ensure the implementation of this new reliance on market based compe tition, any legislative obstacles to competition for local exchange services must be removed.
(b) It is the intent of this article to:
(1) Permit local exchange companies to elect alternative forms of regulation;
(2) Protect the consumer during the transition to a competitive telecommunications market;
(3) Assure reasonable cost for universal access to basic telecommunications services throughout Georgia;
(4) Encourage investment in Georgia's telecommunications infrastructure and en courage the introduction of innovative products and services for Georgia's consumers;
(5) Authorize competition for local exchange services; and
(6) Allow pricing flexibility for all telecommunications services other than basic local exchange services.
46-5-162.
As used in this article, the term:
(1) 'Alternative regulation' means a form of regulation pursuant to which the rates, terms, and conditions for telecommunications services provided by a local exchange company are set pursuant to the rules specified in this article.
(2) "Basic local exchange services' or 'universal access local exchange services' mean the provision to residential and single line business customers in Georgia of services com posed of a touch tone switched access line and dial tone, of a quality sufficient for two way voice and 9600 baud data/fax communications. This service shall include 1+ dial ing for access to competitive providers of telecommunications services by January 1, 1997. The elements of universal access local exchange services are subject to subse quent review and modification by the commission.
(3) 'Caller identification service' meals a type of telephone service which permits tele phone customers to see the telephone number of incoming telephone calls.
(4) 'Commission' means the Georgia Public Service Commission.
(5) 'Electing company' means a local exchange company subject to the alternative regu lation described in this article.
(6) 'Fund' means the Universal Access Fund created in Code Section 46-5-167.
(7) 'Gross domestic product-price index' or 'GDP-PF means the gross domestic product fixed weight price index calculated by the United States Department of Commerce.
(8) 'Interconnection service' means the service of providing access to a local exchange company's facilities for the purpose of enabling another telecommunications company to originate or terminate telecommunications service.
(9) 'Local calling area' means the geographic area encompassing one or more local ex changes as described in commission orders or in maps, tariffs, and rate schedules re viewed and approved by the commission.

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(10) 'Local exchange company' means a telecommunications company authorized to provide local exchange service as described in this article. For purposes of this article, there shall be two categories of local exchange companies:
(A) Tier 1 companies are those companies with two million or more access lines within Georgia holding a certificate of public convenience and necessity issued by the commission; and
(B) Tier 2 companies are those companies with less than two million access lines within Georgia holding a certificate of public convenience and necessity issued by the commission.
(11) 'Local exchange services' means services offered for the transmission and utiliza tion of two-way interactive communications and associated usage with the local calling area.
(12) 'Local interconnection services' means that part of switched interconnection ser vice provided for the purpose of originating or terminating a call which originates and terminates within the local calling area.
(13) 'Portability' means the technical capability that permits a customer to retain the same local number at the same customer location regardless of the provider of the local exchange service.
(14) 'Switched access' means that part of switched interconnection service provided for the purpose of originating or terminating a toll service.
(15) 'Switched interconnection service' means that part of interconnection service which utilizes the local exchange company's switching facilities to provide line or trunkside access or both to the local exchange company's end office or tandem switches for the purpose of originating and terminating the telecommunications services of other telecommunications companies.
(16) 'Tariff means the schedule or other writing filed with the commission that de scribes the rates, terms, and conditions of certain telecommunications services pro vided by the telecommunications company.
(17) 'Telecommunications company' means any person, firm, partnership, corporation, association, or municipal, county, or local governmental entity offering telecommunica tions services for hire or compensation.
(18) 'Telecommunications services' means the services offered to customers for the transmission and utilization of two-way interactive communications and associated us age. For purposes of illustration, the term 'telecommunications services' includes local exchange services and interconnection services.
(19) 'Toll service' means the transmission of two-way interactive switched communica tions between local calling areas.
(20) 'Universal access provider' means a local exchange company that is obligated to provide basic local exchange service in all of its local calling areas in response to rea sonable requests for such service and which, in consideration of such obligation, may have its rates for local switched interconnection service established as provided in this article.
46-5-163.
(a) The commission shall have the authority to issue multiple certificates of authority for local exchange services upon a showing to the commission that an applicant possesses satisfactory financial and technical capability. Any certificate existing on July 1, 1995, shall remain effective. A certificate is not required for a telecommunications company to provide commercial mobile services. The commission shall also have the authority to issue certificates to long distance telecommunications carriers subject to federal court decisions, federal law, and regulations of the Federal Communications Commission.

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(b) A showing of public convenience and necessity is not a condition for issuing a compet ing certificate of authority. Prior to July 1, 1998, only a currently certificated Tier 2 local exchange company may be issued a certificate of authority to compete for service in an area serviced by an existing Tier 2 local exchange company.
(c) Any certificate of authority issued by the commission is subject to revocation, suspen sion, or adjustment where the commission finds upon complaint and hearing that a local exchange company has engaged in unfair competition or has abused its market position.
(d) The commission shall grant certificates of authority in a timely manner and all such proceedings on complaints regarding abuse shall be resolved in a timely manner.
(e) All local exchange companies certificated by the commission shall be subject to the same rules and regulations applied by the commission to other local exchange companies certificated to provide local exchange services within the same area.
46-5-164.
(a) All local exchange companies shall permit reasonable interconnection with other cer tificated local exchange companies. This subsection includes all or portions of such serv ices as needed to provide local exchange services.
(b) The rates, terms, and conditions for such interconnection services shall not unreason ably discriminate between providers and shall be negotiated between the providers and filed with the commission.
(c) In the event that such rates, terms, or conditions cannot be negotiated by the parties, the commission shall determine the reasonable rates, terms, or conditions for the inter connection services.
(d) Such interconnection services shall be provided for intrastate services on an unbun dled basis similar to that required by the FCC for services under the FCC's jurisdiction.
(e) Local exchange companies shall have the right to resell local exchange services purchased from other local exchange companies; provided, however, that the resale of basic local exchange services supported by the Universal Access Fund shall be limited to users and uses conforming to the definition of basic local exchange services set forth in paragraph (2) of Code Section 46-5-162.
(f) The commission shall have the authority to require local exchange companies to pro vide additional interconnection services and unbundling.
46-5-165.
(a) Any Tier 1 local exchange company may elect to have its rates, terms, and conditions for its services determined pursuant to the alternative regulation described in this arti cle, in lieu of other forms of regulation including but not limited to rate of return or rate base monitoring or regulation, upon the filing of notice with the commission and commit ting to provide basic local exchange services upon reasonable request and to invest $500 million per year for five years to improve and strengthen telecommunications services in Georgia.
(b) Any Tier 2 local exchange company may elect to have the rates, terms, and conditions for its services determined pursuant to the alternative regulation described in this article upon the filing of notice with the commission and committing to provide basic local ex change services upon reasonable request.
(c) The alternative regulation under this article shall become effective on the date speci fied by the electing company but in no event sooner than 30 days after such notice is filed with the commission.
46-5-166.
(a) An electing local exchange company shall have its rates for basic local exchange serv ices determined pursuant to this Code section.

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(b) Rates for basis local exchange services for residential and single line business custom ers in effect on the date the local exchange company becomes subject to alternative regu lation described in this article shall be the maximum rates that the local exchange company may charge for basic local exchange services for a period of five years. During such period, the local exchange company may charge less than the maximum rates for basic local exchange services. Thereafter, rate adjustments for basic local exchange serv ices may be made pursuant to subsection (c) of this Code section.
(c) Rates for basic local exchange services may be adjusted by the electing company sub ject to an inflation based cap. Inflation shall be measured by the change in the GDP-PI. The electing company is authorized to adjust the cap on an annual basis. The cap re quires that the annual percentage revenue increase for basic local exchange services shall not exceed the greater of one-half of the percentage change in the GDP-PI for the preceding year when the percentage change in the GDP-PI exceeds 3 percent or the GDPPI minus 2 percentage points.
(d) In the event the GDP-PI is no longer available, the commission shall elect a compara ble broad national measure of inflation calculated by the United States Department of Commerce for its use.
(e) The local exchange company shall set rates for all other local exchange services on a basis that does not unreasonably discriminate between similarly situated customers; provided, however, that all such rates are subject to a complaint process for abuse of market position in accordance with rules to be promulgated by the commission. Compet ing local exchange companies may resell local exchange services purchased from other local exchange companies.
(f) Except as otherwise provided in this subsection, the rates for switched access by each Tier 1 local exchange company shall be no higher than the rates charged for interstate access by the same local exchange company. The rates for switched access by each Tier 2 local exchange company shall, not later than July 1, 1998, be no higher than the rates charged for similar interstate access by the same local exchange company. In the event that the rates for switched access cannot be negotiated between the parties, the commis sion shall determine the reasonable rates for switched access
(g) In accordance with rules to be promulgated by the commission, any electing company shall file tariffs with the commission for basic local exchange services and other local exchange services that state the terms and conditions of such services and the rates as established pursuant to this Code section.
46-5-167.
(a) The commission shall create a Universal Access Fund to assure the provision of rea sonably priced access to basic local exchange services throughout Georgia. The fund shall be administered by the commission under rules to be promulgated by the commission as needed to assure that the fund operates in a competitively neutral manner between com peting telecommunications providers.
(b) The commission shall require all providers of telecommunications services rendered within Georgia to contribute quarterly to the fund in a proportionate amount to their gross revenues from sale or lease of telecommunications services as determined by rules promulgated by the commission, taking into account the operating and cash flow require ments of the affected telecommunication companies.
(c) The commission may require a company other than a local exchange company to con tribute to the fund if, after notice and opportunity for hearing, the commission deter mines that the company is providing private local exchange services or radio based local exchange services in this state that compete with a telecommunications service provided in this state for which a contribution to the fund is required under this Code section.
(d) Contributions to the fund shall be determined by the commission based upon esti mates as to the difference in the reasonable actual costs of basic local exchange services

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throughout Georgia and the amounts established by law or regulations of the commission as to the maximum amounts that may be charged for such services.
(e) Moneys in the fund shall be distributed quarterly to all providers of basic local ex change services upon application and demonstration that the reasonable costs as deter mined by the commission to provide basic local exchange services exceed the maximum fixed price permitted for such basic local exchange services. The commission may take into account the possibility that a competing local exchange company is providing or could provide lower cost basic local exchange services. Competitive providers shall be entitled to obtain a similar subsidy from the fund to the extent that they provide basic local exchange services; provided, however, that such subsidy shall not exceed 90 percent of the per line amount provided the incumbent local exchange company for existing basic local exchange service or 100 percent of new basic local exchange service.
(f) The commission shall require any local exchange company seeking reimbursement from the fund to file the information reasonably necessary to determine the actual and reasonable costs of providing basic local exchange services.
(g) The commission shall have the authority to make adjustments to the contribution or distribution levels based on yearly reconciliations and to order further contributions or distributions as needed between companies to equalize reasonably the burdens of provid ing basic local exchange service throughout Georgia.
(h) A local exchange company or other company shall not establish a surcharge on cus tomers' bills to collect from customers contributions required under this Code section.
46-5-168.
(a) The jurisdiction of the commission under this article shall be construed to include the authority necessary to implement and administer the express provisions of this article through rule-making proceedings and orders in specific cases.
(b) The commission's jurisdiction shall include the authority to:
(1) Adopt reasonable rules governing certification of local exchange companies;
(2) Grant, modify, impose conditions upon or revoke a certificate;
(3) Establish and administer the Universal Access Fund;
(4) Adopt reasonable rules governing service quality;
(5) Resolve complaints against a local exchange company regarding that company's service;
(6) Require a telecommunications company electing alternative regulation under this article to comply with the rate adjustment provisions of this article;
(7) Approve and if necessary revise, suspend, or deny tariffs in accordance with the provisions of this article;
(8) If necessary, elect another comparable measurement of inflation calculated by the United States Department of Commerce; and
(9) Establish reasonable rules and methodologies for performing cost allocations among the services provided by a telecommunications company.
(c) The commission shall render a final decision in any proceeding initiated pursuant to the provisions of this article no later than 60 days after the close of the record except that the commission, by order, may extend such period in any case in which it shall find that the complexity of the issues and the length of the record require an extension of such period, in which event the commission shall render a decision at the earliest date practi cable. In no event shall the commission delay the rendering of a final decision in such proceeding beyond the earlier of 120 days after the close of the record or 180 days from the filing of the notice of rulemaking, petition, or complaint that initiated the proceeding.

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(d) In conducting any rule-making proceeding under this article, the commission shall consider the following factors:
(1) The extent to which cost-effective competitive alternatives are available to existing telecommunications networks and services; and
(2) Requirements necessary to prevent any disadvantage or economic harm to consum ers, protect universal affordable service, establish and maintain an affordable Univer sal Access Fund, protect the quality of telecommunications services, prevent anticompetitive practices, and prevent abandonment of service to areas where there is no competing provider of telecommunciations service.
(e) Subject to any other provision of law protecting the confidentiality of trade secrets, the commission shall have access to the books and records of telecommunications compa nies as may be necessary to ensure compliance with the provisions of this article and with the commission's rules and regulations and to carry out its responsibilities under this article.
46-5-169.
A company electing alternative regulation:
(1) Shall comply with orders issued and rules adopted by the commission to implement the express provisions of this article as a condition of obtaining or retaining a certifi cate of authority under this article;
(2) Shall not refuse any reasonable application for basic local exchange service;
(3) Shall not give any unreasonable preference or advantage to any customer when providing telecommunications services;
(4) Shall not, either directly or through affiliated companies, engage in any anticompe titive act or practice including but not limited to price squeezing, price discrimination, predatory pricing, or tying arrangements, as such terms are commonly applied in anti trust law;
(5) Shall not cross-subsidize nonregulated or alternatively regulated services with rev enue created by regulated services;
(6) Shall not give any preference to affiliated companies;
(7) Shall allow the resale of its services. Nothing in this Code section shall restrict a customer from authorizing an agent to order such services on its behalf; and
(8) Shall not be required to seek regulatory approval of its depreciation rates or schedules.
46-5-170.
Providers of local exchange services shall have access to local telephone numbering re sources and assignments on equitable terms that include recognition of the scarcity of such resources and that are in accordance with adopted national assignment guidelines and commission rules. Additionally, all local exchange companies shall make the neces sary modifications to allow portability of local numbers between different certificated providers of local exchange service as soon as reasonably possible after such portability has been shown to be technically and economically feasible and in the public interests.
46-5-171.
A local exchange company may not charge a residential customer or single line business for basic local exchange service based on the duration of a call or on the time of day that a call is made; provided, however, that such restriction shall not apply in any case where a customer or business requests charges based on the duration of a call or on the time of day that a call is made. This Code section does not prohibit a local exchange company from offering discounts based on the time of day that a call is made if the company also offers basic local exchange service at a rate permitted under Code Section 46-5-166.

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46-5-172.
A Tier 1 local exchange company shall provide an annual report with quarterly updates to the commission regarding its investment commitment as prescribed in subsection (a) of Code Section 45-5-165. Contributions to infrastructure for distance learning and telemedicine by a Tier 1 local exchange company shall be considered an investment credit toward the required investment commitment of such Tier 1 company.
46-5-173.
(a) Any person that obtains an unpublished telephone identification using a telephone caller identification service may not do any of the following without the written consent of the customer of the unpublished telephone line identification:
(1) Intentionally disclose the unpublished telephone line identification to another per son for purposes of resale or commercial gain;
(2) Intentionally use the unpublished telephone line identification to solicit business; or
(3) Intentionally disclose the unpublished telephone line identification through a com puter data base, on-line bulletin board, or other similar mechanism.
(b) Each intentional disclosure or use of an unpublished telephone line identification is a separate violation. A person other than a corporation who violates subsection (a) of this Code section may be required by the commission to pay a civil penalty of not more than $5,000.00. A corporation that violates subsection (a) of this Code section may be required by the commission to pay a civil penalty of not more than $50,000.00.
(c) The commission shall promulgate rules to further establish privacy guidelines appli cable to telecommunications services.
(d) No provider of telephone caller identification service shall be held liable for violations of this article committed by other persons or corporations.
46-5-174.
The commission shall report to the General Assembly annually on the status of the tran sition to alternative regulation of telecommunications services in Georgia."
SECTION 2.
In the event any section, subsection, sentence, clause, or phrase of this Act shall be de clared or adjudged invalid or unconstitutional, such adjudication in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senators Perdue of the 18th, Oliver of the 42nd, Tysinger of the 41st, et al, offered the following amendment:
Amend the Senate Committee on Finance and Public Utilities substitute to SB 137 by ad ding between lines 3 and 4 of page 7 the following:
"(f) The basic local exchange services of Tier 2 local exchange companies may be purchased by competing providers at the tariffed rate, provided such reselling does not

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result in the loss of intrastate or interstate revenues to the selling company for the indi vidual service being resold. This subsection does not apply to Tier 2 local exchange com panies that have switched access rates that are lower than or at parity with the same local exchange company's interstate switched access rates."
By striking from line 4 of page 7 the following: "(ft",
and inserting in lieu thereof the following:

By striking in their entirety lines 32 through 42 on page 7 and inserting in lieu thereof the following:
"(b) Rates for basic local exchange services for residential and single line business cus tomers in effect on the date the local exchange company becomes subject to alternative regulation described in this article shall be the maximum rates that the local exchange company may charge for basic local exchange services for a period of five years, provided that such maximum rates are subject to review by the commission pursuant to subsec tion (f) of this Code section under rules promulgated by the commission. During such period, the local exchange company may charge less than the authorized maximum rates for basic local exchange services. Thereafter, rate adjustments for basic local exchange services may be made pursuant to subsection (c) of this Code section."
By striking in their entirety lines 24 through 34 on page 8 and inserting in lieu thereof the following:
"(f)(l) Except as otherwise provided in this subsection, the rates for switched access by each Tier 1 local exchange company shall be no higher than the rates charged for inter state access by the same local exchange company.
(2) Each Tier 2 local exchange company shall within five years of enactment of this arti cle, adjust in equal annual increments its intrastate switched access charges to parity with its similar interstate access rates. The commission shall have authority to govern the transition of Tier 2 local exchange company switched access rates to their corre sponding interstate levels and shall allow adjustment of other rates, including those of basic local exchange services or universal service funds, as may be necessary to recover those revenues lost through the concurrent reduction of the intrastate switched access rates. In no event shall such adjustments exceed the revenues associated with intrastate to interstate access parity as of July 1, 1995. In addition, if access revenues have dropped below July 1, 1995, levels in subsequent years, the adjustments in those years will be based on the reduced balance. Any intrastate to interstate switched access ad justments resulting in increased local rates that have been capped under subsection (b) of this Code section will be allowed and a new cap will be established pursuant to this Code section.
(3) In the event that the rates for switched access cannot be negotiated between the par ties, the commission shall determine the reasonable rates for switched access."
By adding on line 27 of page 10 between the word "Fund" and the semicolon the following:
"including modifications to the maximum allowable charge for basic local exchange service".
On the adoption of the amendment, the yeas were 38, nays 0, and the Perdue, et al. amendment to the committee substitute was adopted.
Senators Perdue of the 18th, Oliver of the 42nd, Tysinger of the 41st, et al. offered the following amendment:
Amend the Senate Committee on Finance and Public Utilities substitute to SB 137 by striking from line 13 of page 5 the words:

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"for hire or compensation",
and inserting in lieu thereof the following:
"to the public for hire".
By striking in their entirety lines 14 through 19 on page 5 and inserting in lieu thereof the following:
"(18) 'Telecommunications services' means the services for the transmission of two-way interactive switched communications. For purposes of illustration, the term 'telecommu nications services' includes without limitation local exchange services and interconnec tion services."
By striking in their entirety lines 6 through 13 on page 9 and inserting in lieu thereof the following:
"(b) The commission shall require all telecommunications companies providing telecom munications services within Georgia to contribute quarterly to the fund in a proportion ate amount to their gross revenues from sale of such telecommunications services as determined by rules to be promulgated by the commission."
By adding on line 14 of page 9 between the words "may" and "require" the word "also".
On the adoption of the amendment, the yeas were 39, nays 0; and the Perdue, et al amendment to the committee substitute was adopted.

Senators Perdue of the 18th, Oliver of the 42nd, Tysinger of the 41st, et al, offered the following amendment:

Amend the Senate Committee on Finance and Public Utilities substitute to SB 137 by ad ding on line 16 of page 1 between the semicolon and the word "to" the following:
"to authorize the Public Service Commission to petition, intervene, or commence proceed ings before federal agencies or courts in furtherance of enhancing the competitive market for telecommunications services in Georgia;".
B"ryatset"r.iking from line 6 of page 8 the word "revenue" and inserting in lieu thereof the word

By adding between lines 37 and 38 on page 11 the following:
"(f) In order to promote economic development and competitive advantage for the State of Georgia, the commission shall have the authority to petition, intervene, or otherwise commence proceedings before the appropriate federal agencies and courts having specific jurisdiction over the regulation of telecommunications seeking to enhance the competi tive market for telecommunications services within the state."
On the adoption of the amendment, the yeas were 36, nays 0, and the Perdue, et al. amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Balfour Blitch
Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle

Cheeks Clay
Crotts Day
Dean Edge Egan Farrow

Gillis Glanton
Gochenour Griffin
Guhl Harbison Hill Hooks

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Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott

Those not voting were Senators:

Abernathy Black

Henson

Slotin Starr Tanksley Taylor Thomas Thompson Turner Tysinger Walker
Stokes

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 68. By Senators Thomas of the 10th, Stokes of the 43rd and Brown of the 26th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses relating to the development and dissemination of instructional materials on the effect of alcohol, so as to require a course of study in home economics which includes parenting education as prescribed by the De partment of Education for all state funded schools with grade nine or above.

The Senate Health and Human Services Committee offered the following substitute to SB 68:
A BILL
To be entitled an Act to amend Code Section 20-2-142 of the Official Code of Georgia Anno tated, relating to prescribed courses relating to the development and dissemination of in structional materials on the effect of alcohol, so as to provide for a course of study in home economics which includes parenting education as prescribed by the Department of Educa tion for all state funded schools with grades seven or eight; 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 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses relating to the development and dissemination of instructional materials on the effect of alcohol, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 20-2-142 to read as follows:
"20-2-142.
(a)(l) All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offerings in the manner prescribed by the State Board of Education:
(A) A course of study in the background, history, and development of the federal and state governments. The course in the study of federal and state governments shall be supplemented in each high school by a study of the local county and municipal govern ments; and

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(B) A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals.
(2) No student shall be eligible to receive a diploma from a high school unless such stu dent has successfully completed the courses in history and government provided for by this subsection, except as provided in paragraph (3) of this subsection.
(3) Handicapped students who are otherwise eligible for a special education diploma pur suant to subsection (c) of Code Section 20-2-281 shall not be denied this diploma if they have not successfully completed either or both of these courses; provided, however, that their Individualized Education Programs have not specified that the handicapped stu dents must enroll in and successfully complete both of these courses.
(b)(l) The State Board of Education and the Board of Public Safety shall jointly establish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the opera tion of a motor vehicle. The course shall be designed to generate greater interest in high way safety and accident prevention. The state board and the Board of Public Safety shall jointly, by rules or regulations, determine the contents of the course and its duration. The Board of Public Safety shall make available officers or employees of the Department of Public Safety to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically but not less than once annually in the public schools of this state to students in grades nine and above in the manner prescribed by the state board.
(2) All schools with grade nine or above which receive funds in any manner from the state shall make available to eligible students the alcohol and drug course provided in para graph (1) of this subsection.
(3) The commissioner of public safety shall make the alcohol and drug course, and in structors where necessary, available to the private schools in this state. In addition, the commissioner of public safety shall offer the alcohol and drug course periodically at vari ous locations in the state in the manner provided by the Board of Public Safety.
(c) The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public schools and shall establish standards for its administration. The course shall include instruction concerning the impact of alco hol, tobacco, and drug use upon health and may occupy periods totalling not less than 30 minutes per day in kindergarten through grade eight or equivalent grade levels. A manual setting out the details of such courses of study shall be prepared or approved by the State School Superintendent in cooperation with the Department of Human Resources, the state board, and such expert advisers as they may choose. The Department of Education is di rected to assemble or develop instructional resources and materials concerning alcohol and drug abuse, taking into consideration technological enhancements available for utilization of such instructional resources.
(d)(l) All schools with grades seven or eight which receive in any manner funds from the state may provide a course of study in home economics to include parenting education.
(2) The Department of Education shall prescribe a course of home economics to include parenting education. These courses shall contain instruction to prepare students to un derstand children's physical, mental, emotional, and social growth and development with emphasis on nutrition, family living and community relationships, domestic violence, home management, and the responsibilities of parenthood. The courses shall not contain any materials that would define emotional, social, or religious values.
(3) All parenting education instruction shall be taught by a certified teacher of home economics.

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(dXe) The funds allocated under Code Section 20-2-13 shall be used for the purpose of creatinffand maintaining state educational research services for purposes which shall include, but shall not be limited to, the following:
(1) For the development, production, and procurement of curriculum materials and units of instruction on the scientific facts in regard to the influence and effect of alcohol on human health and behavior and on social and economic conditions, including suggested methods of instruction in ways of working with boys and girls and young people in the various age groups and grade levels of the public schools of the state, as aids to classroom teachers and others responsible for the conduct of the educational program in the public schools;
(2) For the publication, procurement, and dissemination of curriculum materials, units of instruction, and suggested methods of instruction relating to the influence and effect of alcohol on human health and behavior and on social and economic conditions for the schoolteachers and educational officials in the various local school systems of the state, the Department of Education, and the various educational institutions of the state which are engaged in the education and training of teachers; and
(3) For cooperative work, by and between the state educational research service and the local school systems of the state, the Department of Education, and the educational insti tutions of the state which are engaged in the education and training of teachers, through conferences, study groups, demonstrations of methods and materials of instruction, and other means.
(eXf)The state board is authorized to expend such amounts as may be necessary of the moneys allocated to it under Code Section 20-2-13 for the employment of a specialist or specialists or for contracting for the services of specialists in research and in development and production of curriculum materials and units of instruction on the scientific facts in regard to the influence of alcohol on human health and behavior and on social and economic conditions, including methods of instruction; for the employment of secretarial and clerical assistants and other office expenses; for expenses of conferences, study groups, and demon strations; and for all other expenses necessary in carrying out the purposes of this Code section.
(fXg)The state board shall make available uniformly to the public schools of the state and the~educational institutions of the state engaged in the education and training of teachers the curriculum materials, the units of instruction, and the suggested methods of instruc tion which are developed under this Code section."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senators Glanton of the 34th, Gochenour of the 27th and McGuire of the 30th offered the following amendment:
Amend the committee substitute to SB 68 by adding after "economics." on page 3 line 31 the following:
"All instruction shall be in accordance with Georgia law."
On the adoption of the amendment, the yeas were 34, nays 0, and the Glanton, et al. amendment to the committee substitute was adopted.
Senator Newbill of the 56th offered the following amendment:
Amend the committee substitute to SB 68 by adding on page 3 line 21 after "include" the following:
"a unit on";
By striking on page 3 lines 21 & 22 the words "These courses" and adding in lieu thereof "this unit";

FRIDAY, FEBRUARY 10, 1995

525

By striking on page 3 line 27 "courses" and adding in lieu thereof "unit";
By adding on page 3 line 22 after "contain" the following: "but not be limited to".
On the adoption of the amendment, the yeas were 30, nays 0, and the Newbill amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

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

Gillis Griffin Guhl Harbison Henson
Hill Hooks Isakson James Johnson of 2nd Kemp Land Langford
Madden Marable

Middleton Oliver Pollard Ragan Ralston
Ray Scott Slotin Starr Taylor Thomas Thompson Turner
Tysinger Walker

Those voting in the negative were Senators:

Black Cagle Glanton

Gochenour Johnson of 1st McGuire

Newbill Tanksley

Those not voting were Senators:

Abernathy

Perdue

Stokes

On the passage of the bill, the yeas were 45, nays 8.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 210. By Senators Johnson of the 1st, Egan of the 40th and Johnson of the 2nd:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that a marital relationship between the defendant and the alleged victim is not a defense to a charge of rape or aggravated sodomy; to provide that the law enforcement agency investigating an alleged rape or aggravated sodomy shall be financially responsible for the cost of a medical examination in the course of which evidence of the alleged crime is collected.

The Senate Special Judiciary Committee offered the following substitute to SB 210:

A BILL
To be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to provide that a marital relationship between the defendant and the alleged victim is not a defense to a charge of rape or aggravated sodomy;

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to provide that the law enforcement agency investigating an alleged rape or aggravated sodomy shall be financially responsible for the cost of a medical examination to the extent that expense is incurred in collecting evidence of the alleged crime; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide that certain information shall be offered or provided to persons believed to be victims of rape or aggravated sodomy; to provide that such information may be provided in any language; to set out the information to be provided; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking in its entirety Code Section 16-6-1, relating to rape, and inserting in lieu thereof a new Code section to read as follows:
"16-6-1.
(a) A person commits the offense of rape when he has carnal knowledge of a female forci bly and against her will. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape.
(b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life, or by imprisonment for not less than one nor more than 20 years.
(c) When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence?'
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 16-6-2, relating to sodomy, and inserting in lieu thereof a new Code section to read as follows:
"16-6-2.
(a) A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy.
(b) A person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years. A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by imprisonment for not less than one nor more than 20 years.
(c) When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be financially responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence."

FRIDAY, FEBRUARY 10, 1995

527

SECTION 3.

Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by inserting a new chapter to be designated Chapter 17 to read as follows:

"CHAPTER 17

17-17-1.

When any employee of the Department of Human Resources, a law enforcement agency, or a court has reason to believe that he or she in the course of official duties is speaking to an adult who is or has been a victim of a violation of Code Section 16-6-1, relating to rape, or Code Section 16-6-2, relating to aggravated sodomy, such employee shall offer or provide such adult a written statement of information for victims of rape or aggravated sodomy. Such written statement shall, at a minimum, include the information set out in Code Sec tion 17-17-2 and may include additional information regarding resources available to vic tims of sexual assault. Information for victims of rape or aggravated sodomy may be provided in any language.
17-17-2.

The following information in substantially the form set out in this Code section shall be provided to adult victims of rape or aggravated sodomy in accordance with Code Section 1717-2:

INFORMATION FOR VICTIMS OF RAPE OR AGGRAVATED SODOMY

If you have been a victim of rape or aggravated sodomy, you have certain rights under the law. The law requires employees of the Department of Human Resources, law enforcement agencies, and courts to offer or provide this information to persons believed to be victims of rape or aggravated sodomy.
Rape or aggravated sodomy by a stranger or a person known to the victim, including rape or aggravated sodomy by the spouse of the victim, is a crime. You may ask the solicitor or district attorney to prosecute a person who has committed a crime involving sexual assault.
Victims of rape or aggravated sodomy should contact a local law enforcement agency imme diately. A law enforcement officer will respond to take a report and collect evidence. Vic tims should retain any clothing worn at the time of the crime as well as other evidence, such as bed sheets. Victims should not shower or douche before the examination. Officers will transport victims to the hospital for a medical examination. The law requires that the law enforcement agency investigating the crime pay for the cost of the medical examination to the extent that expense is incurred for the collection of evidence of the crime."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

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

Cagle Clay
Crotts Day Dean
Edge Egan

Farrow Gillis
Glanton Gochenour Griffin
Guhl Henson

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Hill Hooks Isakson James Johnson of 2nd
Johnson of 1st Kemp Land
Langford Madden

Marable McGuire Middleton Newbill Oliver
Perdue Pollard Ragan
Ralston Ray

Those not voting were Senators:

Abernathy Black

Cheeks Harbison

Scott Slotin Starr Tanksley Taylor Thomas Thompson Turner Tysinger Walker
Stokes

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

SB 223. By Senators Madden of the 47th, Langford of the 29th and Ray of the 19th:
A bill to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, so as to extend to certain treatment team members and others the privileged communications between psychiatrists and patients; to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to extend to certain treat ment team members and others the privileged communications between psy chologist and clients.

The Senate Committee on Judiciary offered the following substitute to SB 223:
A BILL
To be entitled an Act to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, so as to provide for privileged communications to, between, and among certain mental health care providers and provide for immunity from liability relating thereto; to provide for related matters; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, is amended by striking Code Section 24-9-21, relating to confi dentiality of certain communications, and inserting in lieu thereof the following:
"24-9-71.
(a) There are certain admissions and communications excluded on grounds of public pol icy. Among these are:
(1) Communications between husband and wife; (2) Communications between attorney and client; (3) Communications among grand jurors;
(4) Secrets of state; and (5) Communications between psychiatrist and patient:;

FRIDAY, FEBRUARY 10, 1995

529

(6) Communications between patient and a psychologist, licensed clinical social worker, clinical nurse specialist in pyschiatric/mental health, or licensed marriage and family therapist; and
(7) Communications between or among any psychiatrist, psychologist, licensed clinical social worker, clinical nurse specialist in psychiatric/mental health, and licensed mar riage and family therapist who are rendering mental health treatment or have ren(fered mental health treatment to a patient, regarding that patient's communications which are otherwise privileged by paragraph (5) or (6) of this subsection.
(b) Any provider releasing or retaining information in good faith pursuant to paragraph (5), (6), or (7) of subsection (a) of this Code section shall not be civilly or criminally liable to the patient, guardian, parent, or any other person for such release or retention."

SECTION 2.

Said article is further amended by striking subsection (b) of Code Section 24-9-23, relating to spousal testimony, and inserting in its place the following:
"(b) The privilege created by subsection (a) of this Code section or by corresponding privi leges in paragraph (1) of subsection (a) 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."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Cheeks

Stokes

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

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JOURNAL OP THE SENATE

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Middleton of the 50th introduced the doctor of the day, Dr. Stuart Sanders, Clarkesville, Georgia.
The Calendar was resumed.
SB 84. By Senators Broun of the 46th and Bowen of the 13th:
A bill to amend Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualifications and training requirements for sheriffs, so as to change certain qualifications; to provide that no person shall be eligible to hold the of fice of sheriff unless such person is a registered peace officer or is a certified peace officer.
The Senate Committee on Public Safety offered the following substitute to SB 84:
A BILL
To be entitled an Act to amend Code Section 15-16-1 of the Official Code of Georgia Anno tated, relating to qualifications and training requirements for sheriffs, so as to change cer tain qualifications; to provide that no person shall be eligible to hold the office of sheriff unless such person is a registered peace officer or is a certified peace officer or shall have completed 90 quarter hours or its semester equivalent in any accredited college or univer sity prior to the time of taking office as sheriff; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualifications and training requirements for sheriffs, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Qualifications.
(1) No person shall be eligible to hold the office of sheriff unless 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 turpi tude contrary to the laws of this state, any other state, or the United States; pro vided, 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;

FRIDAY, FEBRUARY 10, 1995

531

(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 number, street, city, county, and state;
(I) Gives a complete history of his or her places of employment for a period of six years immediately preceding his or her qualification date, giving the period of time employed and the name and address of his or her employers; and
(J) Is a registered peace officer as provided in Code Section 35-8-10 or is a certified peace officer as defined in Chapter 8 of Title 35 or shall have completed 90 quarter hours or its semester equivalent in any accredited college or university prior to the
officer at the time sucl'i peibuii assumes the office uf sJim iff shall be lequired to com-
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(2) Each person offering his or her candidacy for the office of sheriff shall, within 60 days prior to or at the time such person qualifies:
(A) File with the officer before whom such person has qualified to seek the officer 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 train ing as established 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 requirements 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 except for the provisions of subparagraph (J) of paragraph (1) of this subsection shall be 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."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senators McGuire of the 30th and Gochenour of the 27th offered the following amendment:
Amend the Senate Committee on Public Safety substitute to SB 84 by striking in their entirety lines 30 through 43 on page 2 and lines 1 through 16 on page 3 and inserting in lieu thereof the following:
"(J) Is a registered peace officer as provided in Code Section 35-8-10 or is a certified peace officer as defined in Chapter 8 of Title 35 or shall have completed 90 quarter hours or its semester equivalent in any accredited college or university prior to the time of taking

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JOURNAL OF THE SENATE

office as sheriff. 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 service, or other reasons deemed sufficient by such council. The Georgia Peace Officer Standards and Training Council shall make every effort to ensure that space is available for newly elected sheriffs who are not certi fied 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."
Senator Farrow of the 54th moved that SB 84 be committed to the Senate Public Safety Committee.

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Brown of 26th Burton Cagle Cheeks Crotts Day Edge Egan

Farrow Glanton Gochenour Guhl Harbison Henson Isakson James Land Langford

McGuire Middleton Newbill Perdue Ralston Slotin Tanksley Thomas Tysinger Walker

Those voting in the negative were Senators:

Abernathy Boshears Bowen
Broun of 46th Clay Dean Gillis
Griffin

Hooks
Johnson of 1st Kemp
Madden Marable Oliver
Pollard

Ragan
Ray Scott
Starr Taylor Thompson
Turner

Those not voting were Senators:

Hill

Johnson of 2nd

Stokes

On the motion, the yeas were 31, nays 22; the motion prevailed, and SB 84 was com mitted to the Senate Public Safety Committee.

SB 209. By Senators Johnson of the 1st, Egan of the 40th and Johnson of the 2nd:
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 an attempt to notify a victim of family violence at the time of releasing on bail a person charged with an offense involving family violence; to amend Chapter 13 of Title 19 of the Offi cial Code of Georgia Annotated, relating to family violence, so as to provide that certain information relating to family violence shall be provided to adults be lieved to be victims of family violence.

FRIDAY, FEBRUARY 10, 1995

533

The Senate Committee on Special Judiciary offered the following substitute to SB 209:
A BILL
To be entitled an Act to amend Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to bonds and recognizances, so as to provide for an attempt to notify a victim of family violence at the time of releasing on bail a person charged with an offense involv ing family violence; to amend Chapter 13 of Title 19 of the Official Code of Georgia Anno tated, relating to family violence, so as to provide that certain information relating to family violence shall be provided to adults believed to be victims of family violence; to pro vide that such information may be provided to children believed to be victims of family violence; to provide that such information may be provided in any language; to set out what information shall be provided; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recog nizances, is amended by striking in its entirety subsection (f) of Code Section 17-6-1, relat ing to where offenses are bailable and schedules of bails, and inserting in lieu thereof a new subsection to read as follows:
"(f)(l) 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 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 in creased 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. The law en forcement agency releasing on bail a person who is charged with an offense involving an act of family violence shall attempt to notify the victim of the oftense at the time of re leasing such a person on bail. As long as a good faith attempt to comply with the notice provisions of this paragraph has been made,the law enforcement agency and its employ ees shall not be liable for damages incurred by reason of the failure to provide the notice required by this paragraph.
(3) For offenses involving an act of family violence, the judge shall determine whether the schedule of bails and one or more of its specific conditions shall be used, except that any offense involving an act of family violence and serious injury to the victim shall be baila ble only before a 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 judge shall give particular consideration to the exigencies of the case at hand and shall impose any specific conditions as he or she may deem necessary. Upon setting bail or determining that the schedule of bails shall be used in any case involving family violence, the judge shall direct the appropriate employee of the court, of the agency detaining the defendant, or of the law enforcement agency that an attempt to notify the victim of the family violence shall be made at the time the defendant is re leased upon bail. As long as a good faith attempt to comply with the notice requirements of this paragraph has been made, the person or agency directed to give such notice shall not be liable for damages incurred by reason of the failure to provide the notice required by this paragraph. As used in this Code section, the term 'serious injury' means bodily harm capable of being perceived by a person other than the victim and may include, but

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JOURNAL OF THE SENATE

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 disfigure ments and wounds inflicted by deadly weapons or any other objects which, when used offensively against a person, are capable of causing serious bodily injury."
SECTION 2.
Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, is amended by inserting a new article to be designated Article 4, to read as follows:
"ARTICLE 4
19-13-40.
(a) When any employee of the Department of Human Resources, a law enforcement agency, or a court has reason to believe that he or she in the course of official duties is speaking to an adult who is or has been a victim of an offense involving family violence as defined by this chapter, such employee shall offer or provide such adult a written state ment of information for victims of family violence. Such written statement shall, at a minimum, include the information set out in Code Section 19-13-41, and may include additional information regarding local family violence shelters or other resources avail able to victims of family violence.
(b) When any employee of the Department of Human Resources, a law enforcement agency, or a court has reason to believe that he or she in the course of official duties is speaking to a child who is or has been a victim of an offense involving family violence as defined by this chapter, such employee shall exercise his or her discretion in view of the facts and circumstances known to the employee and determine whether to offer or pro vide to the child a written statement of information for victims of family violence. Such written statement shall, at a minimum, include the information set out in Code Section 19-13-41, and may include additional information regarding local family violence shel ters or other resources available to victims of family violence.
(c) Information for victims of family violence may be provided in any language.
19-13-41.
The following information in substantially the form set out in this Code section shall be provided to victims of family violence in accordance with Code Section 19-13-40:
INFORMATION FOR VICTIMS OF FAMILY VIOLENCE
If you have been a victim of family violence, you have certain rights under the law. The law requires employees of the Department of Human Resources, law enforcement agencies, and courts to offer or provide this information to persons believed to be victims of family violence.
You may call a local law enforcement agency for assistance when you are hurt or threatened with violence. You may ask the solicitor or district attorney to prosecute a per son who has committed a crime. If a person has been arrested for a crime involving family violence, employees of the court or of the agency which is holding the person will attempt to contact you or other victims before releasing the person on bail, but the person may be released on bail even though those employees are unable to get in touch with you or other victims.
You may file a petition in superior court, or if you are under the age of 18 an adult may file a petition for you, asking the court for a protective order which does any of the following:
(1) Orders the person to stop violent acts;
(2) Gives a husband or wife exclusive possession of the residence or household and ex cludes the other spouse from the residence or household;

FRIDAY, FEBRUARY 10, 1995

535

(3) Requires a person to provide suitable alternate housing for a spouse and children;
(4) Awards temporary custody of minor children and establishes temporary visitation rights;
(5) Orders the eviction of a person from the residence or household and orders assistance to the victim in returning to it or orders assistance in retrieving personal property of the victim if the violent person's eviction has not been ordered; (6) Orders payment for the support of minor children or a spouse as required by law;
(7) Provides for possession of personal property;
(8) Orders a person to refrain from harrassing or interfering with the other;
(9) Awards costs and attorney's fees; and (10) Orders either or all persons to receive appropriate psychiatric or psychological serv ices as a measure to prevent the recurrence of family violence."
SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow
Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen Johnson of 2nd

Scott

Stokes

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senators James of the 35th and Ray of the 19th, introduced the widow and brother of the late Senator Arthur Langford, eulogized by SR 45, adopted previously.

536

JOURNAL OF THE SENATE

The following bill was taken up to consider the Conference Committee report thereon:

HB 201. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19941995 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1994-1995.

The Conference Committee report on HB 201 was as follows:

The Committee of Conference on HB 201 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 201 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/si George Hooks Senator, 14th District

/s/ Terry L. Coleman Representative, 142nd District

lal Charles W. Walker Senator, 22nd District

/s/ Larry Walker Representative, 141st District

/s/ Walter S. Ray Senator, 19th District

/s/ Thomas B. Buck, III Representative, 135th District

CONFERENCE COMMITTEE SUBSTITUTE TO H.B. 201:

A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1994-1995 known as the "General Appropriations Act", approved April 18, 1994 (Ga. L. 1994, p. 1506), so as to change certain appropriations for the State Fiscal Year 1994-1995; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1994-1995, as amended, known as the "General Appropriations Act" approved April 18,1994 (Ga. L. 1994, p. 1506), is further amended by striking everything following the enacting clause through Section 87, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1994, and ending June 30, 1995, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, in cluding surplus, reserves and a revenue estimate of $9,492,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1995.

PARTI.
LEGISLATIVE BRANCH
Section 1. General Assembly. Budget Unit: General Assembly.................................. .$24,203,650 Personal Services - Staff ...................................... .$12,380,319 Personal Services - Elected Officials .............................. $3,809,504 Regular Operating Expenses .................................... $2,779,448 Travel - Staff ................................................... $104,500

FRIDAY, FEBRUARY 10, 1995

537

Travel - Elected Officials ........................................... $7,000 Capital Outlay .................................................... $---0-- Equipment ..................................................... $267,500 Computer Charges .............................................. $488,000 Real Estate Rentals ............................................... $5,000 Telecommunications ............................................. $656,000 Per Diem, Fees and Contracts - Staff .............................. $113,970 Per Diem, Fees and Contracts - Elected Officials ................... $2,389,609 Photography..................................................... $70,000 Expense Reimbursement Account ................................ $1,132,800 Total Funds Budgeted ........................................ .$24,203,650 State Funds Budgeted ......................................... $24,203,650

Senate Functional Budgets Total Funds

Senate and Research Office

$ 3,559,136

Lt. Governor's Office

$

707,675

Secretary of the Senate's Office

$ 1,172,625

Total

$ 5,439,436

State Funds

$ 3,559,136

$

707,675

1,172,625

5,439,436

House Functional Budgets Total Funds

House of Representatives and Research Office

$ 9,264,912

Speaker of the House's Office

$

517,887

Clerk of the House's Office

$ 1,371,270

Total

11,154,069

State Funds

$ 9,264,912

$

517,887

$ 1,371,270

11,154,069

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

Joint Functional Budgets Total Funds
$ 2,466,165 $ 2,140,263 $ 1,029,240 $ 1,974,477 $ 7,610,145

State Funds $ 2,466,165 $ 2,140,263 $ 1,029,240 $ 1,974,477 $ 7,610,145

For compensation, expenses, mileage, allowances, travel and benefits for members, of ficials, 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 Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, 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 refur bishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legisla tive office space, committee rooms, or staff support service areas in any State-owned build ing 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 Leg islative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and

538

JOURNAL OF THE SENATE

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 notwith standing, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and the 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 expen diture of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of 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 .............................. .$17,463,512 Personal Services ............................................. $14,245,693 Regular Operating Expenses ..................................... $428,820 Travel ......................................................... $560,650 Motor Vehicle Purchases ......................................... $105,102 Equipment ..................................................... $143,980 Real Estate Rentals ............................................. $852,070 Per Diem, Fees and Contracts ..................................... $34,000 Computer Charges .............................................. $958,197 Telecommunications ............................................. $135,000 Total Funds Budgeted ........................................ .$17,463,512 State Funds Budgeted ........................................ .$17,463,512
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court ...................................... $5,433,395 Personal Services .............................................. $4,594,033 Operating Expenses ............................................ $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..................................... $6,269,416 Personal Services .............................................. $5,615,839 Operating Expenses ............................................. $703,577 Total Funds Budgeted .......................................... $6,319,416 State Funds Budgeted .......................................... $6,269,416
Section 5. Superior Courts. Budget Unit: Superior Courts ................................... .$49,854,885 Operation of the Courts ........................................ $48,643,442 Prosecuting Attorneys' Council................................... $1,969,089 Sentence Review Panel .......................................... $168,158 Council of Superior Court Judges ................................. $135,417 Judicial Administrative Districts ................................. $1,242,858 Total Funds Budgeted ........................................ .$52,158,964 State Funds Budgeted ........................................ .$49,854,885

FRIDAY, FEBRUARY 10, 1995

539

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts...................................... $1,023,530
Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education ............... $652,490 Institute's Operations............................................ $513,260 Georgia Magistrate Courts Training Council ....................... $139,230 Total Funds Budgeted ........................................... $652,490 State Funds Budgeted ........................................... $652,490
Section 8. Judicial Council. Budget Unit: Judicial Council ..................................... $1,624,442 Council Operations ............................................. $1,084,686 Case Counting ................................................... $76,500 Board of Court Reporting ......................................... $70,756 Payment to Council of Magistrate Court Judges ..................... $26,700 Payment to Council of Probate Court Judges ........................ $20,000 Payment to Council of State Court Judges .......................... $12,000 Payment to Council of Superior Court Clerks ........................ $33,800 Payment to Resource Center ..................................... $300,000 Total Funds Budgeted .......................................... $1,624,442 State Funds Budgeted .......................................... $1,624,442
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ..................... $178,808
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 ................ $1,244,331 Operating Expenses ............................................. $588,985 Computerized Information Network ............................... $655,346 Total Funds Budgeted .......................................... $1,244,331 State Funds Budgeted .......................................... $1,244,331
PART III.
EXECUTIVE BRANCH
Section 12. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ............. .$36,270,264
Personal Services ............................................. $43,824,810 Regular Operating Expenses .................................. .$21,235,865 Travel ......................................................... $280,959 Motor Vehicle Purchases ......................................... $174,200 Equipment .................................................... $1,977,376 Computer Charges ........................................... .$17,163,683 Real Estate Rentals ............................................ $2,974,021 Telecommunications ............................................ $1,418,982 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

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Direct Payments to Georgia Building Authority for Operations ................................................... $300,000
Telephone Billings ............................................ $52,950,576 Radio Billings .................................................. $760,712 Materials for Resale ........................................... $21,000,000 Public Safety Officers Indemnity Fund............................. $250,000 Health Planning Review Board Operations .......................... $35,000 Total Funds Budgeted ....................................... .$183,234,749 State Funds Budgeted ........................................ .$36,270,264

Departmental Functional Budgets Total Funds

State Funds

Executive Administration

1,437,648

619,823

Departmental Administration

2,871,076

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

534,080

Central Supply Services

17,435,092

Data Processing Services

54,242,035 $ 13,766,925

Motor Vehicle Services

4,113,230

Communication Services

73,737,518 $ 5,850,000

Printing Services

7,007,090

Surplus Property

2,164,629

Mail and Courier Services

1,265,067

Risk Management

2,629,572

239,563

State Properties Commission

470,332

470,332

Distance Learning and Telemedicine

Office of the Treasury

822,470

822,470

Office of State Administrative Hearings

130,000

130,000

Total

183,234,749

36,270,264

B. Budget Unit: Georgia Building Authority ............................ $--0-- Personal Services ............................................. $19,181,264 Regular Operating Expenses .................................... $5,476,388 Travel .......................................................... $34,984 Motor Vehicle Purchases ......................................... $532,365 Equipment ..................................................... $387,088 Computer Charges .............................................. $181,873 Real Estate Rentals .............................................. $19,872 Telecommunications ............................................. $215,974 Per Diem Fees and Contracts..................................... $365,312 Capital Outlay................................................... $78,819 Utilities....................................................... $8,555,906 Contractual Expense ............................................ $297,608 Facilities Renovations and Repairs .................................. $--0-- Total Funds Budgeted ........................................ .$35,327,453 State Funds Budgeted ............................................. $--0--

FRIDAY, FEBRUARY 10, 1995

541

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

Departmental Functional Budgets Total Funds

$ 1,397,971

$ 5,756,661

$ 4,318,271

$ 5,842,143

$

383,665

$ 4,212,947

$ 11,899,822

$ 1,515,973

$

--0--

$ 35,327,453

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 ......... $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 ......................... $36,207,493
Personal Services ............................................ .$31,274,092 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, 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 ................................................... $623,860 Payments to Georgia Development Authority ....................... $250,000 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets ............................ $700,000 Capital Outlay.................................................... $--0--

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Contract - Federation of Southern Cooperatives...................... $40,000 Boll Weevil Eradication Program.................................... $--0-- Total Funds Budgeted ........................................ .$47,505,420 State Funds Budgeted ......................................... $36,207,493

Plant Industry

Departmental Functional Budgets Total Funds
$ 7,609,766

State Funds $ 6,828,766

Animal Industry

$ 14,835,472 $ 11,955,967

Marketing

$ 7,150,118 $ 3,475,053

Internal Administration

$ 6,298,455 $ 6,051,855

Fuel and Measures

$ 3,055,849 $ 2,930,849

Consumer Protection Field Forces

$ 7,833,350 $ 4,965,003

Seed Technology

$

722,410 $

--0--

Total

$ 47,505,420 $ 36,207,493

B. Budget Unit: Georgia Agrirama Development Authority

$--0--

Personal Services ............................................... $839,425

Regular Operating Expenses ..................................... $180,834

Travel ........................................................... $7,514

Motor Vehicle Purchases .......................................... $12,500

Equipment ....................................................... $8,155

Computer Charges ............................................... $10,500

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

Telecommunications ............................................... $7,420

Per Diem, Fees and Contracts ...................................... $9,008

Capital Outlay................................................... $75,000

Goods for Resale ................................................ $107,400

Total Funds Budgeted .......................................... $1,257,756

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

Section 15. Department of Banking and Finance. Budget Unit: Department of Banking and Finance ................... $8,614,966 Personal Services .............................................. $6,982,155 Regular Operating Expenses ..................................... $384,985 Travel ......................................................... $392,080 Motor Vehicle Purchases ......................................... $104,080 Equipment ...................................................... $26,730 Computer Charges .............................................. $341,668 Real Estate Rentals ............................................. $302,436 Telecommunications .............................................. $70,832 Per Diem, Fees and Contracts ..................................... $10,000 Total Funds Budgeted .......................................... $8,614,966 State Funds Budgeted .......................................... $8,614,966

Section 16. Department of Children and Youth Services. Budget Unit: Department of Children and Youth Services ......... .$106,262,311 Personal Services ............................................ .$67,666,164 Regular Operating Expenses .................................... $5,141,198 Travel ......................................................... $842,638 Motor Vehicle Purchases ......................................... $234,700 Equipment ..................................................... $375,195 Computer Charges .............................................. $294,300 Real Estate Rentals ............................................ $1,535,689 Telecommunications ............................................. $773,264

FRIDAY, FEBRUARY 10, 1995

543

Per Diem, Fees and Contracts ................................... $3,645,853 Utilities....................................................... $2,144,400 Institutional Repairs and Maintenance ............................ $547,600 Grants to County-Owned Detention Centers ....................... $3,391,400 Service Benefits for Children .................................. .$16,549,608 Purchase of Service Contracts ................................... $6,937,169 Capital Outlay................................................... $28,000 Total Funds Budgeted ....................................... .$110,107,178 State Funds Budgeted ....................................... .$106,262,311

Departmental Functional Budgets Total Funds

Regional Youth Development Centers

23,906,913

Milledgeville State YDC

11,244,103

Augusta State YDC

8,743,519

Atlanta State YDC

5,002,303

Macon State YDC

5,033,614

Court Services

14,811,181

Community Treatment Centers

2,323,798

Day Centers

414,977

Group Homes

932,651

Purchased Services

25,155,585

Runaway Investigation/Interstate Compact

980,826

Assessment and Classification

604,159

Youth Services Administration

7,179,903

Multi-Service Centers

3,773,646

Total

110,107,178

State Funds 23,107,413 10,804,509 8,222,255 4,779,805 4,787,833 14,664,377 2,323,798 414,977 932,651 24,355,585 980,826 604,159 7,179,903 3,104,220
106,262,311

Section 17. Department of Community Affairs. Budget Unit: Department of Community Affairs ................... .$37,267,402 Personal Services .............................................. $7,571,713 Regular Operating Expenses ..................................... $514,983 Travel ......................................................... $227,307 Motor Vehicle Purchases .......................................... $12,000 Equipment ...................................................... $14,476 Computer Charges .............................................. $189,980 Real Estate Rentals ............................................. $549,166 Telecommunications .............................................. $51,309 Per Diem, Fees and Contracts ................................... $2,898,783 ARC Revolving Loan Fund ....................................... $105,923 Contracts with Regional Development Commissions ................ $2,272,825 Local Assistance Grants ........................................ $4,282,890 Appalachian Regional Commission Assessment ...................... $94,731 Community Development Block Grant (Federal) ................. .$50,536,586 National and Community Service Program ......................... $580,883 Payments to Music Hall of Fame Authority ........................ $287,480 Payments to Sports Hall of Fame ................................. $100,000 Local Development Fund......................................... $750,000 Payment to State Housing Trust Fund............................ $4,625,000 Payment to Georgia Housing Finance Authority .................. $10,839,967 Payment to Georgia Environmental Facilities Authority .......... .$35,496,473 Regional Economic Business Assistance Grants ..................... $838,767

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Local Government Efficiency Grant Program ....................... $750,000 State Commission on National and Community Service .............. $180,000 Business Flood Disaster Recovery Program........................ $4,000,000 EZ/EC Administration ........................................... $120,000 Capital Felony Expenses .......................................... $41,233 Total Funds Budgeted ....................................... .$127,932,475 State Funds Budgeted ....................................... .. $37,267,402

Departmental Functional Budgets Total Funds

Executive and Administrative Division

$ 70,698,259

Planning, Information and Management Division

$ 4,060,162

Business and Financial Assistance Division

$ 53,174,054

Total

$ 127,932,475

State Funds $ 32,304,787
$ 3,538,930 $ 1,423,685 $ 37,267,402

Section 18. Department of Corrections. A. Budget Unit: Administration, Institutions and Probations ........ .$645,362,073
Personal Services ........................................... .$449,778,437 Regular Operating Expenses ................................... $62,560,607 Travel ........................................................ $2,110,975 Motor Vehicle Purchases ........................................ $3,114,564 Equipment .................................................... $4,169,710 Computer Charges ............................................. $5,012,000 Real Estate Rentals ............................................ $5,681,082 Telecommunications ............................................ $5,822,295 Per Diem, Fees and Contracts ................................... $6,377,814 Capital Outlay .................................................... $--0-- Utilities..................................................... .$20,547,180 Court Costs ................................................... $1,500,000 County Subsidy ...............................................$13,928,400 County Subsidy for Jails ........................................ $7,425,378 County Workcamp Construction Grants.............................. $--0-- Central Repair Fund ............................................ $886,000 Payments to Central State Hospital for Meals ..................... $3,985,806 Payments to Central State Hospital for Utilities ................... $1,340,100 Payments to Public Safety for Meals .............................. $459,900 Inmate Release Fund ........................................... $1,400,000 Health Services Purchases ..................................... $54,967,153 Payments to MAG for Health Care Certification ..................... $60,400 University of Georgia - College of Veterinary Medicine
Contracts .................................................... $352,357 Minor Construction Fund .......................................... $--0-- Total Funds Budgeted ....................................... .$651,480,158 Indirect DOAS Funding.......................................... $450,000 Georgia Correctional Industries ..................................... $--0-- State Funds Budgeted ....................................... .$645,362,073

Administration Institutions and Support Probation Total

Departmental Functional Budgets Total Funds
$ 69,782,574 $ 474,829,030 $ 106,868,554 $ 651,480,158

State Funds $ 68,031,464 $ 473,729,471 $ 103,601,138 $ 645,362,073

FRIDAY, FEBRUARY 10, 1995

545

B. Budget Unit: Board of Pardons and Paroles ...................... $38,857,656 Personal Services ............................................ .$31,597,996 Regular Operating Expenses .................................... $1,281,630 Travel ......................................................... $648,400 Motor Vehicle Purchases ......................................... $273,500 Equipment ..................................................... $167,500 Computer Charges .............................................. $428,130 Real Estate Rentals ............................................ $2,715,000 Telecommunications ............................................. $838,000 Per Diem, Fees and Contracts .................................... $252,500 County Jail Subsidy ............................................. $650,000 Health Services Purchases ......................................... $5,000 Total Funds Budgeted ......................................... $38,857,656 State Funds Budgeted ........................................ .$38,857,656

Section 19. Department of Defense. Budget Unit: Department of Defense ............................... $5,068,471 Personal Services .............................................. $7,478,958 Regular Operating Expenses .................................... $5,009,530 Travel .......................................................... $24,100 Motor Vehicle Purchases ........................................... $--0--
Equipment ...................................................... $24,500 Computer Charges ............................................... $12,900
Real Estate Rentals .............................................. $10,000 Telecommunicationos ............................................ $323,245 Per Diem, Fees and Contracts .................................... $563,400 Capital Outlay .................................................... $--0-- Total Funds Budgeted ........................................ .$13,446,633 State Funds Budgeted .......................................... $5,068,471

Departmental Functional Budgets Total Funds

Office of the Adjutant General

$ 2,342,098

Georgia Air National Guard

$ 4,604,969

Georgia Army National Guard

$ 6,499,566

Total

$ 13,446,633

State Funds

$ 2,217,821

$

533,129

$ 2,317,521

5,068,471

Section 20. State Board of Education Department of Education. A. Budget Unit: Department of Education Operations: ............ $3,507,612,104
Personal Services ............................................ .$39,154,117 Regular Operating Expenses .................................... $4,745,586
Travel ........................................................ $1,201,316 Motor Vehicle Purchases ......................................... $138,000
Equipment ..................................................... $370,756 Computer Charges ............................................ $12,394,935
Real Estate Rentals ............................................ $1,495,141 Telecommunications ............................................ $1,286,462 Per Diem, Fees and Contracts ................................. .$26,397,802
Utilities........................................................ $895,752 Capital Outlay................................................... $25,000 QBE Formula Grants: KindergartenXGrades 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

546

JOURNAL OF THE SENATE

Special Education ............................................ $299,194,977 Gifted .......................................................$43,433,599 Remedial Education ............................................ $65,783,964 Staff Development and Professional Development ................. $29,835,699 Media .......................................................$89,791,383 Indirect Cost ............................................... .$615,158,563 Pupil Transportation ........................................ .$129,809,130 Local Fair Share ........................................... $(635,201,965) Mid-Term Adjustment Reserve.................................. $71,434,084 Teacher Salary Schedule Adjustment.......................... .$116,088,958 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........................................ $64,049,932 Special Education Low-Incidence Grants ........................... $416,000 Non-QBE Grants: Education of 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) ......................................... .$24,658,747 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 ......................................... .$25,655,564 Special Education in State Institutions ........................... $4,265,569 Governor's Scholarships......................................... $2,972,200 Counselors .................................................... $6,448,277 Vocational Research and Curriculum .............................. $293,213 Even Start .................................................... $1,422,160 Salaries and Travel of Public Librarians ......................... $10,760,927 Public Library Materials ........................................ $5,151,409 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 ................................................. .$17,093,803 Education of Homeless Children/Youth ............................ $540,250 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 ................................ $4,691,270 Emergency Immigrant Education Program ......................... $312,864 Title II Math/Science Grant (Federal)............................. $4,806,083 Robert C.Byrd Scholarship (Federal) .............................. $513,000 Health Insurance - Non-Cert. Personnel and Retired
Teachers ................................................... $99,047,892 Pre-School Handicapped Program ............................... $14,602,242 Mentor Teachers ............................................... $1,250,000

FRIDAY, FEBRUARY 10, 1995

547

Nutrition Education ............................................. $169,893 Advanced Placement Exams ..................................... $1,771,560 Serve America Program.......................................... $356,000 Family Connection Grants ...................................... $2,575,000 Youth Apprenticeship Grants .................................... $2,000,000 Remedial Summer School ....................................... $1,876,182 Alterative Programs ............................................ $7,250,000 Superintendent's Base Salary.................................... $1,130,820 Environmental Science Grants.................................... $100,000 Pay for Performance ............................................ $1,048,000 Total Funds Budgeted ...................................... $4,052,716,178 Indirect DOAS Services Funding.................................. $340,000 State Funds Budgeted ...................................... $3,507,612,104

Departmental Functional Budgets Total Funds

State Funds

State Administration Instructional Services

$ 14,096,468 $ 13,568,000 $ 25,840,170 $ 20,965,921

Governor's Honors Program

$ 1,196,467 $ 1,105,305

Administrative Services

$ 23,194,362 $ 18,558,569

Special Services

$ 6,444,528 $ 2,995,189

Professional Practices Commission

$

837,039 $

837,039

Local Programs

$ 3,964,961,311 $ 3,434,360,237

Georgia Academy for the Blind

$ 4,772,121 $ 4,537,530

Georgia School for the Deaf

$ 6,533,109 $ 6,319,884

Atlanta Area School for the Deaf Total

$ 4,840,603 $ 4,364,430 $ 4,052,716,178 $ 3,507,612,104

B. Budget Unit: Lottery for Education............................ .$233,670,773 Pre-Kindergarten for 4-year-olds ................................ $78,215,000 Applied Technology Labs ....................................... $13,600,000 Next Generation Schools ......................................... $500,000 Drug and Anti-Violence Education ............................... $1,000,000 Alternative Programs........................................... $8,500,000 Educational Technology Centers .................................. $900,000 Distant Learning - Satellite Dishes............................... $4,221,839 Model Technology Schools ..................................... .$10,500,000 Instructional Technology ...................................... .$31,238,000 Capital Outlay - Lottery ...................................... .$61,405,934 Technology Installation ........................................ $18,990,000 Postsecondary Options ........................................... $600,000 Safe Schools Grant ............................................. $4,000,000 Total Funds Budgeted ....................................... .$233,670,773 Lottery Funds Budgeted ..................................... .$233,670,773

Section 21. Employees' Retirement System. Budget Unit: Employees' Retirement System ........................ $2,880,000 Personal Services .............................................. $1,582,338 Regular Operating Expenses ..................................... $337,000 Travel .......................................................... $20,500 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $13,113 Computer Charges .............................................. $532,528 Real Estate Rentals ............................................. $302,000

548

JOURNAL OF THE SENATE

Telecommunications .............................................. $24,886 Per Diem, Fees and Contracts ................................... $1,091,500 Benefits to Retirees ............................................ $2,880,000 Total Funds Budgeted .......................................... $6,783,865 State Funds Budgeted .......................................... $2,880,000

Section 22. Forestry Commission. Budget Unit: Forestry Commission ................................ $34,884,307 Personal Services ............................................. $29,005,181 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 Contracts .................................... $475,898 Ware County Grant ............................................... $--0-- Ware County Grant for Southern Forest World ...................... $30,000 Ware County Grant for Road Maintenance .......................... $60,000 Capital Outlay.................................................. $258,219 Total Funds Budgeted ........................................ .$39,704,079 State Funds Budgeted ........................................ .$34,884,307

Departmental Functional Budgets Total Funds

Reforestation

$ 1,939,405

Field Services

$ 33,714,258

General Administration and Support

$ 4,050,416

Total

$ 39,704,079

State Funds

$

112,110

$ 30,889,936

$ 3,882,261

$ 34,884,307

Section 23. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation ...................... $42,525,824 Personal Services ............................................ .$31,473,300 Regular Operating Expenses .................................... $2,883,971
Travel ......................................................... $701,306 Motor Vehicle Purchases ........................................ $1,051,110 Equipment ..................................................... $909,723 Computer Charges ............................................. $1,542,393 Real Estate Rentals ............................................ $1,901,552 Telecommunications ............................................. $774,816 Per Diem, Fees and Contracts .................................... $748,250 Evidence Purchased ............................................. $539,403 Capital Outlay .................................................... $--0-- Total Funds Budgeted ........................................ .$42,525,824 State Funds Budgeted ........................................ .$42,525,824

Departmental Functional Budgets Total Funds

Administration

$ 3,372,654

Drug Enforcement

$ 9,952,847

Investigative

$ 13,636,759

Georgia Crime Information Center

$ 6,899,244

Forensic Science

$ 8,664,320

State Funds $ 3,372,654 $ 9,952,847 $ 13,636,759 $ 6,899,244 $ 8,664,320

FRIDAY, FEBRUARY 10, 1995

549

Total

$ 42,525,824 $ 42,525,824

Section 24. Office of the Governor. A. Budget Unit: Office of the Governor ............................ .$74,358,127
Personal Services ............................................. $14,362,550 Regular Operating Expenses ..................................... $774,478 Travel ......................................................... $282,444 Motor Vehicle Purchases ........................................... $--0-- Equipment ..................................................... $277,596 Computer Charges .............................................. $628,207 Real Estate Rentals ............................................ $1,001,739 Telecommunications ............................................. $332,361 Per Diem, Fees and Contracts ................................... $4,061,643 Cost of Operations ............................................. $3,309,094 Mansion Allowance............................................... $40,000 Governor's Emergency Fund..................................... $4,593,000 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 Flood - Federal Match ........................................ .$37,895,000 Flood - Contingency ............................................ $7,000,000 Total Funds Budgeted ......................................... $81,441,365 State Funds Budgeted ......................................... $74,358,127

Departmental Functional Budgets Total Funds

Governor's Office

$ 53,002,094

Office of Fair Employment Practices

$

933,483

Office of Planning and Budget

$ 6,743,286

Council for the Arts

$ 4,244,865

Office of Consumer Affairs

$ 2,533,565

Vocational Education Advisory Council

$

352,830

Office of Consumers' Utility Council

$

558,546

Criminal Justice Coordinating Council

$ 1,548,110

Children and Youth Coordinating Council

$ 1,802,768

Human Relations Commission

$

306,827

Professional Standards Commission

$ 3,741,288

Georgia Emergency Management Agency

$ 5,444,555

Office of State Olympic Coordination

$

229,148

Total

$ 81,441,365

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

State Funds

i& 53,002,094

i

795,474

ifc 6,743,286

ifc 3,462,865

ifc 2,533,565

ifc

85,404

i&

558,546

i&

399,959

i&

513,268

i&

306,827

i& 3,741,288

i& 1,986,403

$&

229,148

i,& 74,358,127

$2,000,000 $2,000,000 $2.000,000

550

JOURNAL OF THE SENATE

Lottery Funds Budgeted ........................................ $2,000,000
Section 25. Department of Human Resources. A. Budget Unit: Department Operations .......................... .$657,009,864
1. General Administration and Support Budget: Personal Services ............................................. $58,227,613 Regular Operating Expenses .................................... $2,028,224 Travel ........................................................ $1,335,946 Motor Vehicle Purchases ........................................ $1,554,768 Equipment ..................................................... $162,642 Real Estate Rentals ............................................ $4,961,394 Per Diem, Fees and Contracts ................................... $1,055,879 Computer Charges ............................................. $1,383,234 Telecommunications ............................................. $653,236 Special Purpose Contracts........................................ $244,000 Service Benefits for Children .................................. .$36,680,558 Purchase of Service Contracts ................................. .$35,021,311 Institutional Repairs and Maintenance ............................. $67,500 Postage ........................................................ $961,336 Payments to DMA-Community Care ............................ .$13,913,085 Total Funds Budgeted ....................................... .$158,250,726 Indirect DOAS Services Funding.................................. $412,600

Departmental Functional Budgets Total Funds

Commissioner's Office

$

973,240

Budget Administration

$ 2,094,214

Office of Children and Youth

$ 36,680,558

Administrative Support Servviicces

$ 27,921,053

Facilities Management

$ 5,606,386

Administrative Appeals
Regulatory Services - Pi Support

am Direction and

$ 2,012,276

$

868,680

Child Care Licensing

$ 2,859,304

Health Care Facilities Reguilation

$ 9,232,991

Fraud and Abuse Financial Services Auditing Services

$ 6,080,909 $ 5,638,547 $ 1,805,459

Personnel Administration Indirect Cost

$ 1,719,924

$

-- 0--

Public Affairs Aging Services

$

516,081

$ 52,552,209

State Health Planning Agenicy

$ 1,688,895

Total

$ 158,250,726

2. Public Health Budget: Personal Services .......... Regular Operating Expenses Travel .................... Motor Vehicle Purchases ....

State Funds

$

973,240

$ 2,094,214

$ 25,131,709

$ 26,343,846

$ 4,485,460

$ 2,012,276

$

858,680

$ 2,859,304

$ 2,558,166

$ 2,275,651

$ 5,438,547

$ 1,805,459

$ 1,719,924

$ (8,030,399)

$

516,081

$ 23,986,371

$ 1,608,895

$ 96,637,424

.$54,005,810 .$74,953,069 ... $957,489 ..... $-0--

FRIDAY, FEBRUARY 10, 1995

551

Equipment ..................................................... $198,517 Real Estate Rentals ............................................ $1,226,139 Per Diem, Fees and Contracts ................................... $5,003,051 Computer Charges ............................................. $1,046,759 Telecommunications ............................................. $747,866 Crippled Children's Benefits ..................................... $8,131,654 Kidney Disease Benefits ......................................... $308,000 Cancer Control Benefits......................................... $3,340,000 Benefits for Medically Indigent High-Risk Pregnant Women
and Their Infants ............................................... $--0-- Family Planning Benefits ........................................ $653,222 Crippled Children's Clinics ......................................... $--0-- Special Purpose Contracts........................................ $672,246 Purchase of Service Contracts .................................. $11,800,246 Grant-ln-Aid to Counties ....................................... $96,898,979 Institutional Repairs and Maintenance ............................. $34,500 Postage ........................................................ $139,801 Grants for Regional Maternal and Infant Care...................... $821,135 Total Funds Budgeted ....................................... .$260,938,483 Indirect DOAS Services Funding.................................. $549,718 State Funds Budgeted ....................................... .$138,242,242

Departmental Functional Budgets Total Funds

District Health Administration

11,778,753

Newborn Follow-Up Care

1,215,549

Dental Health

1,384,187

Stroke and Heart Attack Prevention

2,093,863

Sickle Cell, Vision and Hearing

4,153,698

High-Risk Pregnant Women and Infants

5,298,173

Sexually Transmitted Diseases

2,725,256

Family Planning

8,798,317

Malnutrition

78,171,909

Grant in Aid to Counties

55,093,982

Children's Medical Services

13,394,935

Emergency Health

2,863,683

Primary Health Care

1,716,889

Epidemiology

539,785

Immunization

958,300

Community Tuberculosis Control

6,512,513

Maternal and Child Health Management

1,071,457

Infant and Child Health

1,397,111

Maternal Health - Perinatal

1,958,714

Chronic Disease

978,633

Diabetes

515,002

Cancer Control

4,264,369

Director's Office

855,244

Employees' Health

303,499

State Funds 11,649,078 970,020 1,174,012 1,563,863 3,757,396 5,186,173 326,612 4,481,255 --0--
54,237,982 6,734,211 1,807,135 1,588,858 400,650
5,257,908 741,805 561,596 847,523 978,633 515,002
4,264,369 658,019 303,499

552

JOURNAL OF THE SENATE

Health Program Management Vital Records Health Services Research

1,879,236 1,833,430 1,213,030

1,745,635 1,609,737
990,212

Environmental Health

979,000

802,907

Laboratory Services

5,355,679

5,235,679

Community Care

3,955,146

1,504,262

Community Health Management

465,163

285,714

Aids

7,945,713

4,131,724

Vaccines

11,462,507

1,474,809

Drug and Clinic Supplies

3,220,025

2,485,942

Adolescent Health

3,051,019

1,990,259

Public Health - Planning Councils

172,330

155,178

Early Intervention Public Health - Division Indirect Cost

11,362,384 --0--

9,360,303 (1,535,718)

Total

260,938,483

138,242,242

3. Rehabilitation Services Budget: Personal Services ............................................. $68,784,363 Regular Operating Expenses ................................... $11,108,532 Travel ........................................................ $1,128,735 Motor Vehicle Purchases .......................................... $63,700 Equipment ..................................................... $528,325 Real Estate Rentals ............................................ $4,176,935 Per Diem, Fees and Contracts ................................... $7,661,196 Computer Charges ............................................. $2,769,298 Telecommunications ............................................ $1,541,468 Case Services................................................. $24,908,151 E.S.R.P. Case Services ............................................ $27,675 Special Purpose Contracts........................................ $692,387 Purchase of Services Contracts .................................. $9,359,186 Institutional Repairs and Maintenance ............................ $208,554 Utilities........................................................ $912,445 Postage ........................................................ $753,068 Total Funds Budgeted ....................................... .$134,624,018 Indirect DOAS Services Funding.................................. $100,000 State Funds Budgeted ........................................ .$22,407,349

Departmental Functional Budgets 'otal Funds

District Field Services

45,453,275

Independent Living

863,713

Sheltered Employment

1,709,209

Community Facilities

8,208,236

State Rehabilitation Facilities

6,473,709

Diversified Industries of Georgia

789,944

Program Direction and Support

4,007,700

Grants Management

701,682

Disability Adjudication

32,188,837

Georgia Factory for Blind

12,120,947

State Funds

$ 9,104,662

$

581,518

$

793,009

$ 3,234,533

$ 1,359,940

$

--0--

$ 1,268,731

$

701,682

$

--0--

$

861,387

FRIDAY, FEBRUARY 10, 1995

553

Roosevelt Warm Springs Institute

22,106,766

4,501,887

Total

134,624,018

22,407,349

4. Family and Children Services Budget: Personal Services ............................................ .$42,360,429 Regular Operating Expenses .................................... $3,904,938 Travel ........................................................ $1,061,201 Motor Vehicle Purchases ........................................... $--0-- Equipment ..................................................... $346,677 Real Estate Rentals ............................................ $2,621,550 Per Diem, Fees and Contracts ................................. .$23,632,027 Computer Charges ........................................... .$26,885,420 Telecommunications ............................................ $4,068,732 Children's Trust Fund Grants ...................................... $--0-- Children's Trust Fund .......................................... $2,051,000 Cash Benefits................................................$442,405,256 Special Purpose Contracts....................................... $4,372,441 Service Benefits for Children ................................. .$177,382,281 Purchase of Service Contracts ................................. .$14,920,085 Postage ....................................................... $3,844,413 Grants to County DFACS - Operations ........................ .$275,638,099 Total Funds Budgeted ...................................... $1,025,494,549 Indirect DOAS Services Funding................................. $2,565,582

Departmental Functional Budgets Total Funds

Director's Office

$

511,332

Social Services

$ 4,118,470

Administrative Support

$ 6,541,924

Quality Assurance

$ 3,745,413

Community Services

$ 11,611,153

Field Management

$ 1,098,176

Human Resources Managemnent

$ 2,029,320

Public Assistance

$ 36,125,128

Child Support Recovery

$ 51,072,649

AFDC Payments

$ 428,846,561

SSI - Supplemental Benefits

$

100

Refugee Programs

$ 2,799,421

Energy Benefits

$ 11,613,174

County DFACS Operal - Eligibility

$ 105,907,520

County DFACS Operal - Social Services

$ 89,656,998

Food Stamp Issuance

$ 3,053,351

County DFACS Operal - Homemakers Services

$ 7,688,443

County DFACS Opera! Administration

- Joint and

$ 60,219,348

County DFACS Operat Program

- Employability

$ 12,165,790

Employability Benefits

$ 26,196,997

State Funds

$

511,332

$ 3,740,286

$ 5,355,639

$ 3,745,413

$

858,784

$ 1,098,176

$ 1,847,863

$ 17,676,179

$ 2,615,249

$ 161,718,038

$

100

$

--0--

$

--0--

$ 53,010,761

$ 31,779,142

$

--0--

$ 2,257,516

$ 28,490,604

$ 4,589,157 $ 10,841,651

554

JOURNAL OF THE SENATE

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 Children's Trust Fund Indirect Cost Total

2,884,700
32,999,018 8,399,105 2,198,812 9,538,644 10,345,743 90,303,653
152,058 $ 1,620,548

$ 2,051,000

$

--0--

$ 1,025,494,549

1,762,504 21,898,980 6,725,777
1,920,404 7,256,644 6,008,762 27,236,623
152,058 1,595,766
2,051,000 (7,021,559) 399,722,849

Budget Unit Object Classes: Personal Services ............................................$223,378,215 Regular Operating Expenses ................................... $91,994,763 Travel ........................................................ $4,483,371 Motor Vehicle Purchases ........................................ $1,618,468 Equipment .................................................... $1,236,161 Real Estate Rentals ........................................... $12,986,018 Per Diem, Fees and Contracts .................................. $37,352,153 Computer Charges ........................................... .$32,084,711 Telecommunications ............................................ $7,011,302 Crippled Children's Benefits ..................................... $8,131,654 Kidney Disease Benefits ......................................... $308,000 Cancer Control Benefits......................................... $3,340,000 Benefits for Medically Indigent High-Risk Pregnant Women
and Their Infants ............................................... $--0-- Family Planning Benefits ........................................ $653,222 Case Services................................................ .$24,908,151 E.S.R.P. Case Services ............................................ $27,675 Crippled Children's Clinics ......................................... $--0-- Children's Trust Fund Grants ...................................... $--0-- Children's Trust Fund .......................................... $2,051,000 Cash Benefits................................................$442,405,256 Special Purpose Contracts....................................... $5,981,074 Service Benefits for Children ................................. .$214,062,839 Purchase of Service Contracts .................................. $71,100,828 Grant-In-Aid to Counties....................................... $96,898,979 Institutional Repairs and Maintenance ............................ $310,554 Utilities........................................................ $912,445 Postage ....................................................... $5,698,618 Payments to DMA-Community Care ............................ .$13,913,085 Grants for Regional Maternal and Infant Care...................... $821,135 Grants to County DFACS - Operations ........................ .$275,638,099 B. Budget Unit Community Mental Health/Mental Retardation and Institutions............................................. .$464,567,885 Personal Services ........................................... .$353,567,604 Regular Operating Expenses ................................... $39,300,452 Travel ......................................................... $436,784 Motor Vehicle Purchases ......................................... $698,750 Equipment .................................................... $1,942,924

FRIDAY, FEBRUARY 10, 1995

555

Computer Charges ............................................. $4,777,567 Real Estate Rentals ............................................. $194,442 Telecommunications ............................................ $2,564,664 Per Diem, Fees and Contracts ................................... $9,355,919 Utilities..................................................... .$12,051,683 Institutional Repairs and Maintenance ........................... $1,789,045 Substance Abuse Community Services ........................... $48,998,859 Mental Retardation Community Services......................... $94,642,634 Mental Health Community Services ............................ .$30,356,870 Community Mental Health Center Services ..................... .$72,283,341 Special Purpose Contract ........................................ $294,118 Total Funds Budgeted ....................................... .$673,255,656 Indirect DOAS Services Funding ................................. $2,404,100 State Funds Budgeted ....................................... .$464,567,885

Departmental Functional Budgets Total Funds

Southwestern State Hospital

39,261,457

Brook Run

31,793,407

Georgia Mental Health Institute

26,639,577

Georgia Regional Hospital at Augusta

21,496,647

Northwest Regional Hospital at Rome

26,605,027

Georgia Regional Hospital at Atlanta

28,239,953

Central State Hospital

142,045,419

Georgia Regional Hospital at Savannah

19,741,102

Gracewood State School and Hospital

50,146,809

West Central Georgia Regional Hospital

18,833,808

Outdoor Therapeutic Program

3,699,108

Mental Health Community Assistance

1,964,169

Mental Retardation Community Assistance

1,357,393

Day Care Centers for Mentally Retarded

73,517,501

Supportive Living

30,000,186

Georgia State Foster Grandparents/Senior Companion Program

806,641

Project Rescue

540,887

Drug Abuse Contracts

48,998,859

Community Mental Health Center Services

72,283,341

Project ARC

444,351

Metro Drug Abuse Centers

1,541,706

Group Homes for Autistic Children

294,701

Project Friendship

356,684

Community Mental Retardation Staff

6,220,726

Community Mental Retardation Residential Services

$ 13,236,299

Contract with Clayton County Board of Education for Autistic Children

95,472

MH/MR/SA Administration

10,131,870

State Funds 24,833,624 13,217,220 24,416,805 19,832,725 19,252,268 22,937,498 85,447,538 18,451,145 22,701,191 16,075,532 2,799,990 1,852,880 1,332,395 37,228,243 26,558,233
806,641 540,887 26,325,371 68,260,321 444,351 1,346,206 294,701 356,684 6,220,726
$ 13,728,048
95,472 6,248,634

556

JOURNAL OF THE SENATE

Regional Boards Total

$ 2,962,556 $ 2,962,556 $ 673,255,656 $ 464,567,885

Section 26. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism........... .$19,776,102 Personal Services .............................................. $8,346,275 Regular Operating Expenses .................................... $1,475,818 Travel ......................................................... $335,000 Motor Vehicle Purchases .......................................... $32,000 Equipment ...................................................... $60,883 Computer Charges .............................................. $152,440 Real Estate Rentals ............................................. $947,130 Telecommunications ............................................. $246,000 Per Diem, Fees and Contracts .................................... $704,178 Local Welcome Center Contracts .................................. $171,600 Marketing..................................................... $6,899,578 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 ........................................ .$20,920,902 State Funds Budgeted ........................................ .$19,776,102

Administration Economic Development Trade Tourism Total

Departmental Functional Budgets Total Funds

$ 10,981,880

$ 4,259,672

$

960,298

$ 4,719,052

$ 20,920,902

State Funds

$ 10,152,080

$ 4,154,672

$

960,298

$ 4,509,052

$ 19,776,102

Section 27. Department of Insurance. Budget Unit: Department of Insurance ............................ $15,103,910 Personal Services ............................................ .$13,224,345 Regular Operating Expenses ..................................... $713,762 Travel ......................................................... $401,560 Motor Vehicle Purchases .......................................... $84,000 Equipment ...................................................... $55,750 Computer Charges .............................................. $523,256 Real Estate Rentals ............................................. $806,814 Telecommunications ............................................. $251,433 Per Diem, Fees and Contracts .................................... $202,990 Health Care Utilization Review ..................................... $--0-- Total Funds Budgeted ........................................ .$16,263,910
State Funds Budgeted ........................................ .$15,103,910

Departmental Functional Budgets Total Funds

Internal Administration

$ 4,775,813

Insurance Regulation

$ 6,357,991

Industrial Loans Regulation

$

435,688

Fire Safety and Mobile Home Regulations

$ 4,694,418

State Funds

$ 4,775,813

$ 6,357,991

$

435,688

$ 3,534,418

FRIDAY, FEBRUARY 10, 1995

557

Total

$ 16,263,910 $ 15,103,910

Section 28. Department of Labor. Budget Unit: Department of Labor ................................. $7,176,250 Personal Services ............................................. $66,661,469
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 ....................................... .$161,534,366 State Funds Budgeted .......................................... $7,176,250

Departmental Functional Budgets Total Funds

Executive Offices/Administrative Services

$ 27,871,775

Employment and Training Services

$ 133,662,591

Total

$ 161,534,366

State Funds $ 5,330,899 $ 1,845,351 $ 7,176,250

Section 29. Department of Law. Budget Unit: Department of Law ................................. $10,320,106 Personal Services .............................................. $9,471,091 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 ........................................ .$11,226,873 State Funds Budgeted ........................................ .$10,320,106

Section 30. Department of Medical Assistance. A. Budget Unit: Medicaid Services .............................. $1,104,335,102
Personal Services ............................................. $13,726,336 Regular Operating Expenses .................................... $4,454,835 Travel ......................................................... $188,400 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $74,644 Computer Charges ............................................ $22,787,558 Real Estate Rentals ............................................. $885,000 Telecommunications ............................................. $425,000 Per Diem, Fees and Contracts ................................. .$66,926,024 Medicaid Benefits, Penalties and Disallowances................ $3,092,382,832 Audit Contracts ................................................. $772,500 SPY 1994 Medicaid Benefits, Penalties and Disallowances ....... $(20,021,921) Total Funds Budgeted ...................................... $3,182,601,208

558

JOURNAL OF THE SENATE

State Funds Budgeted ...................................... $1,104,335,102

Departmental Functional Budgets Total Funds

State Funds

Commissioner's Office

$ 60,515,270 $ 2,356,104

Benefits, Penalties and Disallowances

$ 3,072,360,911 $ 1,084,382,283

Community Services

$ 1,347,171 $

516,503

Systems Management

$ 28,383,447 $ 7,489,101

Professional Services

$ 2,347,775 $ 1,001,508

Program Compliance

$ 5,404,741 $ 2,702,370

Maternal and Child Health

$

872,783 $

332,213

Financial and Hospital Reimbursement

$ 4,473,502 $ 2,192,758

Nursing Home Reimbursement

$ 4,851,441 $ 2,425,720

Nursing Home and Hospital Policy

$ 2,044,167 $

936,542

Total

$ 3,182,601,208 $ 1,104,335,102

B. Budget Unit: Indigent Trust Fu

$139.287.133

Per Diem, Fees and Contracts ................................... $7,557,900

Benefits.....................................................$358,962,316

Total Funds Budgeted ....................................... .$366,520,216

State Funds Budgeted ....................................... .$139,287,133

Section 31. Merit System of Personnel Administration. Budget Unit: Merit System Of Personnel Administration ................ $--0-- Personal Services .............................................. $8,255,874 Regular Operating Expenses .................................... $2,080,135 Travel .......................................................... $88,440 Equipment ...................................................... $54,895 Real Estate Rents ............................................... $917,345 Per Diem, Fees and Contracts ................................ .$136,505,130 Computer Charges ............................................. $3,472,999 Telecommunications ............................................. $265,357 Health Insurance Payments .................................. .$838,823,000 Total Funds Budgeted ....................................... .$990,463,175 Other Agency Funds............................................. $114,920 Agency Assessments.......................................... .$11,070,818 Employee and Employee Contributions ........................ .$979,129,240 Deferred Compensation .......................................... $148,197 State Funds Budgeted ............................................. $--0--

Departmental Functional Budgets Total Funds

Commissioner's Office

2,661,950

Applicant Services

2,364,459

Classification and Compensation

1,362,143

Flexible Benefits

1,241,437

Employee Training and Development

1,552,628

Health Insurance Administration

34,960,454

Health Insurance Claims

943,205,397

Internal Administration

3,114,707

Total

990,463,175

State Funds

FRIDAY, FEBRUARY 10, 1995

559

Section 32. Department of Natural Resources. A. Budget Unit: Department Natural Resources .................... .$84,231,405
Personal Services ............................................ .$68,818,165 Regular Operating Expenses .................................. .$13,508,732 Travel ......................................................... $513,202 Motor Vehicle Purchases ........................................ $2,016,107 Equipment .................................................... $2,278,431 Real Estate Rentals ............................................ $2,392,552 Per Diem, Fees and Contracts ................................... $2,736,263 Computer Charges ............................................. $1,002,678 Telecommunications ............................................ $1,146,940 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 ....................................... $2,373,611 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 Georgia Heritage 2000 Grants .................................... $135,000 Recreation .................................................... $1,000,000 Contracts: Paralympic Games .............................................. $400,000 Technical Assistance Contract .................................... $106,513 Corps of Engineers (Cold Water Creek State Park).................. $170,047 Georgia Rural Water Association................................... $80,000 Georgia State Games Commission................................. $187,259 U.S. Geological Survey for Ground Water Resources................. $300,000 U.S. Geological Survey for Topographic Mapping...................... $--0-- National War Museum........................................... $250,000 Hazardous Waste Trust Fund ................................... $8,918,534 Solid Waste Trust Fund ........................................ $5,363,868 Payments to Civil War Commission ................................ $31,000 Payments to Georgia Agricultural Exposition Authority............. $2,354,025 Payments to Mclntosh County .................................... $100,000 Georgia Boxing Commission ........................................ $7,000 Total Funds Budgeted ....................................... .$124,147,646 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 ........................................ .$84,231,405

Internal Administration Program Support Historic Preservation

Departmental Functional Budgets Total Funds
$ 4,024,300
$ 2,516,164 $ 1,861,209

State Funds $ 4,024,300 $ 2,516,164 $ 1,371,209

560

JOURNAL OF THE SENATE

Parks, Recreation and Historic Sites

$ 38,328,779 $ 13,465,950

Coastal Resources

$ 2,395,525 $ 2,279,275

Wildlife Resources

$ 34,070,527 $ 29,460,224

Environmental Protection

$ 39,752,075 $ 30,157,069

Pollution Prevention Program

$ 1,199,067 $

957,214

Total

$ 124,147,646 $ 84,231,405

B. Budget Unit: Georgia Agricultural Exposition Authority ............... $--0-- Personal Services .............................................. $1,912,944 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 .......................................... $4,341,025 State Funds Budgeted ............................................. $--0--

Departmental Functional Budgets Total Funds

Georgia Agriculture Exposition Authority

$ 4,341,025

State Funds

$

--0--

Section 33. Department of Public Safety. A. Budget Unit: Department of Public Safety ...................... .$95,670,610
1. Operations Budget: Personal Services ............................................. $57,572,584 Regular Operating Expenses .................................... $7,432,438 Travel ......................................................... $137,617 Motor Vehicle Purchases ........................................ $3,731,450 Equipment ..................................................... $746,325 Computer Charges ............................................. $4,047,061 Real Estate Rentals ............................................ $1,610,356 Telecommunications ............................................. $600,000 Per Diem, Fees and Contracts .................................... $437,400 State Patrol Posts Repairs and Maintenance ....................... $155,000 Capital Outlay................................................... $25,000 Total Funds Budgeted ........................................ .$76,495,231 Indirect DOAS Service Funding................................. .$1,650,000 State Funds Budgeted ........................................ .$74,845,231
2. Driver Services Budget: Personal Services ............................................ .$16,443,143 Regular Operating Expenses .................................... $1,840,988 Travel .......................................................... $25,800 Motor Vehicle Purchases ........................................... $--0-- Equipment ..................................................... $173,500 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 ........................ $90,000

FRIDAY, FEBRUARY 10, 1995

561

Driver License Processing ....................................... $1,047,750 Total Funds Budgeted ........................................ .$20,825,379 Indirect DOAS Service Funding..................................... $--0-- State Funds Budgeted ......................................... .$20,825,379

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 22,516,536 $ 21,016,536

Driver Services

$ 20,825,379 $ 20,825,379

Field Operations

$ 53,978,695 $ 53,828,695

Total

$ 97,320,610 $ 95,670,610

B. Budget Unit: Units Attached for Administrative Purposes Only...........................................................$14,067,745 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 Peace Officers Training Grants .................................. $3,580,523 Capital Outlay .................................................... $--0-- Total Funds Budgeted ......................................... $14,855,227
State Funds Budgeted ......................................... $13,760,227
2. Office of Highway Safety Budget: Personal Services ............................................... $429,531 Regular Operating Expenses ...................................... $28,450
Travel ........................................................... $9,828
Motor Vehicle Purchases ........................................... $--0-- Equipment ....................................................... $3,168
Computer Charges ............................................... $37,080
Real Estate Rentals .............................................. $78,161 Telecommunications ............................................... $3,800
Per Diem, Fees and Contracts ...................................... $7,500
Highway Safety Grants ......................................... $2,760,000 Total Funds Budgeted .......................................... $3,357,518 State Funds Budgeted ........................................... $307,518

Departmental Functional Budgets Total Funds

Office of Highway Safety

$ 3,357,518

Georgia Peace Officers Standards and Training $ 5,561,459

Police Academy

$ 1,057,938

Fire Academy

$ 1,158,915

Georgia Firefighters Standards and Training Council

$

466,052

Georgia Public Safety Training Facility

$ 6,610,863

Total

$ 18,212,745

State Funds

$

307,518

$ 5,561,459

$

992,938

$ 1,058,915

$

466,052

$ 5,680,863

$ 14,067,745

562

JOURNAL OF THE SENATE

Section 34. Public School Employees' Retirement System Budget Unit: Public School Employees' Retirement System............ $9,640,000 Payments to Employees' Retirement System........................ $490,000
Employer Contributions......................................... $9,150,000 Total Funds Budgeted .......................................... $9,640,000 State Funds Budgeted .......................................... $9,640,000

Section 35. Public Service Commission. Budget Unit: Public Service Commission............................ $8,382,229 Personal Services .............................................. $6,773,916 Regular Operating Expenses ..................................... $421,285 Travel ......................................................... $256,756 Motor Vehicle Purchases ......................................... $216,200 Equipment ...................................................... $36,174 Computer Charges .............................................. $408,660 Real Estate Rentals ............................................. $305,489 Telecommunications ............................................. $126,754 Per Diem, Fees and Contracts ................................... $1,688,000 Total Funds Budgeted ......................................... $10,233,234 State Funds Budgeted .......................................... $8,382,229

Administration Transportation Utilities Total

Departmental Functional Budgets Total Funds
$ 1,736,672 $ 3,503,951 $ 4,992,611 $ 10,233,234

State Funds $ 1,736,672 $ 1,828,826 $ 4,816,731 $ 8,382,229

Section 36. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ............................ .$994,892,042
Personal Services: Educ., Gen., and Dept. Svcs ................................. $1,062,833,065 Sponsored Operations ....................................... .$140,000,000
Operating Expenses: Educ., Gen., and Dept. Svcs .................................. .$255,884,706 Sponsored Operations ....................................... .$150,000,000 Special Funding Initiative..................................... .$10,688,094 Office of Minority Business Enterprise ............................. $319,526 Special Desegregation Programs .................................. $349,130 Forestry Research ............................................... $338,382 Research Consortium ........................................... $4,347,000
Capital Outlay.................................................. $582,090 Total Funds Budgeted ...................................... $1,625,341,993 Departmental Income......................................... .$40,000,000 Sponsored Income........................................... .$290,000,000 Other Funds.................................................$297,422,651 Indirect DOAS Services Funding................................. $3,027,300
State Funds Budgeted ....................................... .$994,892,042
B. Budget Unit: Regents Central Office and Other Organized Activities..................................................... .$156,380,533
Personal Services: Educ., Gen., and Dept. Svcs .................................. .$245,215,570
Sponsored Operations ......................................... $68,262,264
Operating Expenses:
Educ., Gen., and Dept. Svcs .................................. .$124,653,717
Sponsored Operations ........................................ .$38,852,768

FRIDAY, FEBRUARY 10, 1995

563

Fire Ant and Environmental Toxicology Research ..................... $--0--
Agricultural Research .......................................... $2,041,867
Advanced Technology Development Center ........................ $1,890,857 Capitation Contracts for Family Practice Residency ................ $2,937,583
Residency Capitation Grants .................................... $2,484,870
Student Preceptorships .......................................... $146,400
Mercer Medical School Grant.................................... $6,244,350 Morehouse School of Medicine Grant ............................. $5,241,300
Capital Outlay .................................................... $--0-- Center for Rehabilitation Technology ............................. $2,189,510 SREB Payments ............................................... $5,948,000
Medical Scholarships ........................................... $1,253,086 Regents Opportunity Grants...................................... $600,000 Regents Scholarships ............................................ $200,000 Rental Payments to Georgia Military College ....................... $821,295 CRT Inc. Contract at Georgia Tech Research Institute ............... $212,983 Direct Payments to the Georgia Public Telecommunications
Commission for Operations .................................... $9,397,315 Total Funds Budgeted ....................................... .$518,593,735 Departmental Income.............................................. $--0-- Sponsored Income ........................................... .$106,039,476 Other Funds.................................................$255,618,026 Indiret DOAS Services Funding................................... $555,700 State Funds Budgeted ....................................... .$156,380,533

Regents Central Office and Other Organized Activities

Total Funds

State Funds

Marine Resources Extension Center

$ 1,812,259 $ 1,275,471

Skidaway Institute of Oceanography

$ 3,791,776 $ 1,460,887

Marine Institute

$ 1,317,167 $

916,444

Georgia Tech Research Institute

$ 127,199,259 $ 12,846,183

Education Extension Services

$ 8,463,549 $ 2,437,349

Agricultural Experiment Station

$ 52,464,759 $ 34,166,106

Cooperative Extension Services

$ 45,099,061 $ 27,640,704

Medical College of Georgia Hospital and Clinics $ 225,427,808 $ 30,449,184

Veterinary Medicine Experiment Station

$ 2,652,078 $ 2,652,078

Veterinary Medicine Teaching Hospital

$ 2,644,592 $

493,303

Joint Board of Family Practice

$ 22,495,342 $ 22,495,342

Georgia Radiation Therapy Center

$ 2,719,756 $

--0--

Athens and Tifton Veterinary Laboratories

$ 2,947,130 $

90,098

Regents Central Office

$ 19,259,199 $ 19,157,384

Office of Technology Policy

$

300,000 $

300,000

Total

$ 518,593,735 $ 156,380,533

C. Budget Unit: Georgia Public Telecommunications

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

Personal Services .............................................. $7,710,938

Operating Expenses ........................................... $14,207,082

Total Funds Budgeted ........................................ .$21,918,020

Other Funds..................................................$21,918,020

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

D. Budget Unit: Lottery for Education ........................... .$119,741,000

564

JOURNAL OF THE SENATE

Equipment, Technology and Construction Trust Fund ............. $19,321,347 Capital Outlay - GPTC ....................................... .$28,921,000 Equipment - GPTC ............................................. $3,300,000 Georgia Research Alliance..................................... .$36,553,653 Capital Outlay - Albany State College ........................... $13,000,000 Equipment .................................................... $1,000,000 Per Diem, Fees and Contracts ..................................... $50,000 Zoo Atlanta Resources Center ................................... $2,500,000 Special Funding Initiatives ..................................... $15,095,000 Total Funds Budgeted ....................................... .$119,741,000 Lottery Funds Budgeted ..................................... .$119,741,000

Section 37; Department of Revenue Budge Unit: Department of Revenue ............................. .$90,339,945 Personal Services ............................................ .$55,303,453 Regular Operating Expenses .................................... $4,610,482 Travel ........................................................ $1,385,187 Motor Vehicle Purchases ......................................... $246,000 Equipment ..................................................... $813,569 Computer Charges ........................................... .$14,911,879 Real Estate Rentals ............................................ $2,832,804 Telecommunications ............................................ $1,114,537 Per Diem, Fees and Contracts .................................... $511,874 County Tax Officials/Retirement and FICA ........................ $3,369,000 Grants to Counties/Appraisal Staff .................................. $--0-- Motor Vehicle Tags and Decals .................................. $6,286,955 Postage ....................................................... $3,636,176 Total Funds Budgeted ........................................ .$95,021,916 Indirect DOAS Services Funding................................. $3,845,000 State Funds Budgeted ........................................ .$90,339,945

Departmental Functional Budgets Total Funds

Departmental Administration

$ 6,924,475

Internal Administration

$ 11,550,194

Electronic Data Processing

$ 9,196,862

Field Services

$ 17,946,427

Income Tax Unit

$ 7,381,105

Motor Vehicle Unit

$ 22,226,798

Central Audit Unit

$ 7,127,628

Property Tax Unit

$ 4,321,023

Sales Tax Unit

$ 4,052,863

State Board of Equalization

$

46,000

Taxpayer Accounting

$ 4,248,541

Total

$ 95,021,916

State Funds

$ 6,924,475

$ 11,350,194

$ 8,381,662

$ 17,646,427

$ 6,681,105

$ 20,926,798

$ 7,127,628

$ 3,284,052

$ 3,723,063

$

46,000

$ 4,248,541

$ 90,339,945

Section 38; Secretary of State. A. Budget Unit: Secretary of State ................................ .$26,428,983
Personal Services ............................................ .$16,241,077 Regular Operating Expenses .................................... $3,727,497 Travel ......................................................... $230,350 Motor Vehicle Purchases ......................................... $111,000 Equipment ..................................................... $243,162

FRIDAY, FEBRUARY 10, 1995

565

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 Total Funds Budgeted ........................................ .$27,473,983 State Funds Budgeted ......................................... $26,428,983

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

$ 3,392,270 $ 3,362,270

Archives and Records

$ 4,534,349 $ 4,459,349

Business Services and Regulation

$ 4,866,080 $ 4,150,080

Elections and Campaign Disclosure

$ 3,474,652 $ 3,454,652

Drugs and Narcotics

$ 1,048,300 $

994,300

State Ethics Commission

$

372,291 $

372,291

State Examining Boards

$ 9,786,041 $ 9,636,041

Total

$ 27,473,983 $ 26,428,983

B. Budget Unit: Real Estate Commission ............................ $1,949,825 Personal Services .............................................. $1,136,025 Regular Operating Expenses ..................................... $155,100 Travel .......................................................... $16,000 Motor Vehicle Purchases .......................................... $23,000 Equipment ....................................................... $8,000 Computer Charges .............................................. $350,000 Real Estate Rentals ............................................. $113,700 Telecommunications .............................................. $30,000 Per Diem, Fees and Contracts .................................... $118,000 Total Funds Budgeted .......................................... $1,949,825 State Funds Budgeted .......................................... $1,949,825

Department Functional Budgets

Real Estate Commission

Total Funds $ 1,949,825 $

Cost of Operation
1,989,825

Section 39. Soil and Water Conservation Commission.
Budget Unit: Soil and Water Conservation Commission...............$1,926,187 Personal Services .............................................. $1,015,079 Regular Operating Expenses ..................................... $233,414
Travel .......................................................... $40,520 Motor Vehicle Purchases .......................................... $24,000 Equipment ...................................................... $12,115
Computer Charges ................................................ $7,500 Real Estate Rentals .............................................. $78,865 Telecommunications .............................................. $22,000 Per Diem, Fees and Contracts .................................... $631,350 County Conservation Grants ..................................... $424,000 Total Funds Budgeted .......................................... $2,488,843 State Funds Budgeted .......................................... $1,926,187

Section 40. Student Finance Commission. A. Budget Unit: Student Finance Commission....................... $30,861,064
Personal Services .............................................. $4,999,073

566

JOURNAL OF THE SENATE

Regular Operating Expenses ..................................... $464,051 Travel ......................................................... $101,800 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $20,000 Computer Charges .............................................. $421,000 Real Estate Rentals .............................................. $44,800 Telecommunications ............................................. $144,250 Per Diem, Fees and Contracts .................................... $208,739 Payment of Interest and Fees ...................................... $--0-- Guaranteed Educational Loans .................................. $4,076,000 Tuition Equalization Grants .................................... $22,360,260 Student Incentive Grants ....................................... $5,003,940 Law Enforcement Personnel Dependents' Grants..................... $38,000 North Georgia College ROTC Grants ............................... $75,000 Osteopathic Medical Loans ....................................... $160,000 Georgia Military Scholarship Grants .............................. $593,600 Paul Douglas Teacher Scholarship Loans .......................... $425,000 Total Funds Budgeted ........................................ .$39,135,513 State Funds Budgeted ........................................ .$30,861,064

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

$ 5,342,017 $

Higher Education Assistance Corporation

Georgia Student Finance Authority

$ 32,731,800 $ 30,259,058

Georgia Nonpublic Postsecondary Education Commission

$ 1,061,696 $

602,006

Total

$ 39,135,513 $ 30,861,064

B. Budget Unit: Lottery for Education............................. .$77,401,941 Hope Financial Aid - Tuition ................................... $39,061,941 Hope Financial Aid - Books ................................... .$12,000,000 Hope Financial Aid - Fees ....................................... $6,000,000 Tuition Equalization Grants .................................... $20,000,000 Georgia Military College Scholarship .............................. $240,000 LEPD Scholarship............................................... $100,000 Total Funds Budgeted ........................................ .$77,401,941 Lottery Funds Budgeted ...................................... .$77,401,941

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-- Equipment ...................................................... $24,150 Computer Charges .............................................. $967,136 Real Estate Rentals ............................................. $469,750 Telecommunications .............................................. $68,893 Per Diem, Fees and Contracts .................................... $376,000 Retirement System Members .................................... $3,400,000 Floor Fund for Local Retirement Systems .......................... $525,000 Total Funds Budgeted .......................................... $9,894,265 State Funds Budgeted .......................................... $3,925,000

FRIDAY, FEBRUARY 10, 1995

567

Section 42. Department of Technical and Adult Education.
A. Budget Unit: Department of Technical and Adult Education ..... .$145,738,288 Personal Services .............................................. $3,872,659
Regular Operating Expenses ..................................... $400,793 Travel ......................................................... $120,500 Motor Vehicle Purchases ........................................... $--0--
Equipment ...................................................... $15,000
Computer Charges .............................................. $406,730 Real Estate Rentals ............................................. $334,490 Telecommunications ............................................. $158,000 Per Diem, Fees and Contracts .................................... $704,000 Personal Services-Institutions .................................. $99,523,159 Operating Expenses-Institutions ............................... .$19,869,284 Capital Outlay .................................................... $--0-- Quick Start Program ........................................... $8,124,563
Area School Program .......................................... $25,012,445 Regents Program...............................................$2,758,900 Adult Literacy Grants ......................................... $15,311,394 Total Funds Budgeted ....................................... .$176,611,917
State Funds Budgeted ....................................... .$145,738,288

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 6,012,172 $ 4,023,495

Institutional Programs

$ 170,599,745 $ 141,714,793

Total

$ 176,611,917 $ 145,738,288

B. Budget Unit: Lottery for Education.............................. $42,417,423 Computer Laboratories and Satellite Dishes-Adult Literacy ........ $1,000,000 Capital Outlay - Technical Institute Satellite Facilities ........... .$20,014,673 Equipment-Technical Institutes................................. $14,402,750 Repairs and Renovations ........................................ $7,000,000 Total Funds Budgeted ........................................ .$42,417,423 Lottery Funds Budgeted ...................................... .$42,417,423

Section 43. Department of Transportation.
Budget Unit: Department of Transportation ...................... .$454,915,497 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.............................................. .$632,498,885
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 ...................................... $1,011,582,783

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State Funds Budgeted ....................................... .$454,915,497

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction

$ 762,267,424

Maintenance and Betterments

$ 196,819,300

Facilities and Equipment

$ 12,062,562

Administration

$ 23,126,927

Total General Funds Budget

$ 994,276,213

Planning and Construction

$ 1,625,316

Air Transportation

$ 1,403,525

Inter-Modal Transfer Facilities

$ 13,597,729

Harbor/Intra-Coastal Waterways Activities

$

680,000

Total

$ 17,306,570

State Funds $ 226,740,895 $ 185,619,300 $ 11,512,562 $ 22,501,927 $ 446,374,684

$ 1,625,316

$ 1,016,525

$ 5,218,972

$

680,000

$ 8,540,813

Section 44. Department of Veterans Service. Budget Unit: Department of Veterans Service ...................... $23,536,066
Personal Services .............................................. $4,769,335
Regular Operating Expenses ..................................... $115,123 Travel .......................................................... $75,700
Motor Vehicle Purchases ........................................... $--0-- Equipment ..................................................... $183,700 Computer Charges ............................................... $10,253 Real Estate Rentals ............................................. $238,641 Telecommunications .............................................. $57,883 Per Diem, Fees and Contracts .................................... $198,500
Operating Expense/Payments to Central State Hospital........... .$17,386,621 Operating Expense/Payments to Medical College of Georgia ........ $6,970,976 Regular Operating Expenses for Projects and Insurance ............. $325,825
Total Funds Budgeted ........................................ .$30,332,557 State Funds Budgeted ......................................... $23,536,066

Departmental Functional Budgets

Veterans Assistance

$ 5,569,735 $ 5,299,126

Veterans Home and Nursing FacilityMilledgeville

$ 17,723,246 $ 13,222,776

Veterans Nursing Home-Augusta

$ 7,039,576 $ 5,014,164

Total

$ 30,332,557 $ 23,536,066

Section 45. Workers' Compensation Board. Budget Unit: Workers' Compensation Board........................ $10,192,885 Personal Services .............................................. $7,368,707 Regular Operating Expenses ..................................... $370,549 Travel .......................................................... $58,000 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $19,250 Computer Charges .............................................. $490,482 Real Estate Rentals ............................................ $1,013,996 Telecommunications ............................................. $109,040
Per Diem, Fees and Contracts .................................... $204,518 Payments to State Treasury ...................................... $748,343

FRIDAY, FEBRUARY 10, 1995

569

Total Funds Budgeted ........................................ .$10,382,885 State Funds Budgeted ........................................ .$10,192,885
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)................................. .$384,046,235 Motor Fuel Tax Funds (Issued) ................................ .$61,000,000 $445,046,235
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) ................................... .$36,684,200 Motor Fuel Tax Funds (New)....................................... $--0-- $36,684,200
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 staffing 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 operat ing the Supreme Court of the State of Georgia, including salaries and retirement contribu tions 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 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 operat ing the Court of Appeals of the State of Georgia, including salaries and retirement contri butions for judges and employees of the Court.
Section 50. Provisions Relative to Section 5, Superior Courts.
The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operat ing 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 au thorized 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 administra tive districts by the Chairman of the Judicial Council; provided, however, of the funds ap propriated 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 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 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 53. Provisions Relative to Section 8, Judicial Council.

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The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operat
ing 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 54. Provisions Relative to Section 12, Department of Administrative Services.

It is the intent of this General Assembly that the Department of Administrative Serv ices develop a plan to centralize the mailing functions of state government and begin imple mentation 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.

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 exten sion of 60 days if not completed; 3.) Selected option shall be competitively bid; 4.) Office of Information Technology 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 desig nated and committed 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.

Provided, that of the appropriation to the Department of Agriculture, up to $75,000 is authorized to be expended for ELISA testing equipment for branch laboratories at Bowdon, Camilla, Dalton, Douglas and Montezuma.

Section 56. 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, munici palities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.

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

Recipient

Purpose

Amount

City of Port Wentworth

Repairs to Firehouse

$25,000

Mitchell County

Contract for Economic Growth Study $7,000

Cobb County Board of Education

Construction of Physical Education Facility

$50,000

City of Glenville Brantley County

Expansion of Continuing Education Facility
Courthouse Renovations

$25,000 $22,000

Bacon County

Courthouse Renovations

$25,000

City of Swainsboro

Historic District Renovations

$25,000

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571

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 ofBuford Americus City Board of Education City of Stone Mountain
City of Guyton Turner County ColumbusXMuscogee County
ColumbusXMuscogee County
ColumbusXMuscogee 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

Historical Library Facility Renovations
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
Operations of 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
Purchase of Properties for Park
Operations of 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
$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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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 Marshaliville Burke County Screven County Screven County City of Macon
Glynn County
Dougherty County
Crawford County
Dekalb County
Richmond County
Richmond County Board of Education
Terrell County
City of Rockmart City of Decatur
City of Perry Athens/Clark County
Union County Coffee County
Pulaski County
Worth County

Community Development Center Operations
Renovations to 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
Purchase of Automated Fingerprint Information System
Land Preparation and Acquisition for Industrial Park
Scotdale Youth Development Program Operations
Renovations to Davidson Fine Arts Board of Education 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 Association
Operation of Genesis House
Operation of Safe Campus Now Program
Construction of Senior Citizen House
Operations of Highway 441 Economic Development Coalition
Purchase of Equipment for Courthouse
Construction on Livestock Pavilion

$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
$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

FRIDAY, FEBRUARY 10, 1995

573

Wilkinson County Board of Education Construction to High School

Mitchell County

Improvements to Industrial Park

Decatur County Board of Education Construction of Physical Education Facility

Floyd County Board of Education

Purchase of Equipment for Model High School

City ofBaxley

Planning for Continuing Education Facility

Union County Board of Education

Construction and Purchase of Equipment

ColumbusXMuscogee County

Planning for a regional educational/ cultural facility

West Georgia Regional Library

To purchase library materials

Flint River Regional Library

To purchase library materials

$25,000 $25,000 $25,000
$25,000
$25,000
$48,190
$250,000
$100,000 $52,000

Section 57. 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 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 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 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 dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet cri teria 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

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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 imple mented the uniform statewide needs program, and has the commitments of each anticipated member system to contribute at least the same equivalent amount during SPY 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 sys tem 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 mid dle grades (6-8) in methods of teaching responsible sex education.
Provided, however, that the portion of the Governor's Scholarship Program that is in tended for salutatorians, valedictorians, and STAR students must be only for students from accredited high schools.
It is the intent of this General Assembly that the Department of Education accumulate empirically-based data to support educational research and program evaluation.
It is the intent of this General Assembly that the department continue the Student Profiles activity with existing funds.
Provided, however, that it is the intent of the General Assembly that every classroom teacher in grades K-5 shall have a duty-free lunch period.
Provided, that the Governor's Scholarship Program shall include the following gradu ates from accredited high schools in Georgia with minimum full-time equivalent (FTE) counts in grades 9 through 12 as noted: high schools with 150 or more FTE count, the valedictorian, salutatorian and Star Student; high schools with 100 to 149 FTE count, the valedictorian and Star Student; high schools with 50 to 99 FTE count, the valedictorian.
It is the intent of the General Assembly that the mid-term adjustment to the Quality Basic Education formula grants and calculations for the ensuing fiscal year Quality Basic Education formula grants be based on the corrected full-time equivalent student count as received by the Department of Education from each local school system as of the last work ing day prior to Thanksgiving Day of the applicable fiscal year pursuant to Code Sections 20-2-160 and 20-2-162(a). The corrected full-time equivalent count shall be transmitted to the Office of Planning and Budget by the Department of Education by the close of business on the same day.
Provided, that funds for pilot elementary school foreign language programs shall be used for kindergarten, first and second grade programs in schools which had pilot kinder garten programs in Fiscal Year 1993.
Provided, that the above amount of Lottery funds appropriated for Next Generation School Grants shall be used for the purchase of equipment, computer hardware and com puter software only.
Provided, that of the funds appropriated in Section 20, $8,926,440 is designated and committed to pay for the settlement of Civil Action File No. CV-490-191, Board of Public Education of the city of Savannah and the County of Chatham, et al. vs. state of Georgia.
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.

FRIDAY, FEBRUARY 10, 1995

575

Section 60. Provisions Relative to Section 24, Office of the Governor.
The Governor's Office of Planning and Budget shall give prior approval for all publica tions, other than Departmental 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 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 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 selected programs to the extent that federal funds become available on a continuing basis.

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 Of fice 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 retarda tion hospital to a community setting.

Provided, the Department of Human Resources is authorized to transfer funds be tween the Personal Services object class and the Per Diem, Fees and Contracts object class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing,

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physical therapy, and speech and hearing therapy services. Such transfers shall not re quire 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 assistance allocation, the Department is authorized to expend these new funds on imple menting a program of additional vaccine purchase to increase immunization rates, pro vided 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 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 apropriation, funding for recently introduced and techno logically advanced psychotropic medications may be transferred among the MH/MR/SA in stitution and community programs as needed for the benefit of clients who receive these medications. Such transfers shall not require prior budgetary approval.
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 department is authorized to use other funds for the use of upgrading computer systems.

FRIDAY, FEBRUARY 10, 1995

577

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, non-emergency 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 year 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 Administration.
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 (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 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 accordance with the Rules and Regulations issued by the Commissioner of Public Safety.

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It is the intent of this General Assembly that from the funding appropriated for the expansion of Driver Services, no funds may be expended for the purchase of license-issu ance buses or the training of license examiners after initial training.
It is the intent of this General Assembly that the Department purchase full-size pur suit 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 pro grams and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Provided, that of the above amount, $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 edu cational and agricultural purposes to activities that compromise Budget Unit "B"--Regents Central Office and Other Organized Activities.
Section 68. Provisions Relative to Section 38, Secretary of State.
Provided, that of the funds appropriated for State Examining Board, $75,000 is au thorized for board member participation at conferences related to professional regulation.
Section 69. Provisions Relative to Section 39, Soil and Water Conservation Commission.
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 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 commit ted 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.
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.

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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 paya ble 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 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 $507,374,684 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assist ance 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 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 Meas ures, 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 trans fer funds from this section to the appropriate departmental budgets in amounts equal to

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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 ap propriations in this Act shall procure and utilize only the most economical and cost-effec tive 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, utiliization of State motor vehicles for com muting 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 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 effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor 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.

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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 de partment, 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 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 amend ments properly approved by the Director of the Budget.
(b.Xl.) 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.X3.) 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 adminis tration of the annual operating budget.
Section 81. 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 combination of budget units within a designated section, respectively, and shall supersede the object clas sification 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.

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Section 83. Provisions Relative to Section 46, State of Georgia General Obligation Debt Sinking Fund. The following authorization to issue General Obligation debt and the corresponding appropriation is hereby repealed: the existing but unexercised authoriza tion to issue $140,000,000 in principal amount of General Obligation Debt for the Georgia Building Authority or the Department of Defense, Ga. Laws 1993, pp. 1909, 1913.
With regard to the appropriations in Section 46 of the "State of Georgia General Obli gation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agen cies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)", $1,185,000 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 enlargement, and improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $1,440,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $960,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 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)", $533,250 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 im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,250,000 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)", $474,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 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)", $326,400 is specifi cally appropriated for the purpose of financing projects for the Georgia Bureau of Investiga tion, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $3,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $682,560 is specifi cally appropriated for the purpose of financing projects for the Department of Children and

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Youth Services, by means of the acquisition, construction, development, extension, enlarge ment, or improvement of land, waters, property, highways, buildings, structures, equip ment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,880,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $115,200 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, equip ment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,200,000 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)", $67,200 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, equip ment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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)", $2,304,000 is specifi cally appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, construction, development, extenstion, enlargement, or im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $24,000,000 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)", $1,152,000 is specifi cally appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $12,000,000 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)", $264,960 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 im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,760,000 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)", $1,248,000 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 facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $13,000,000 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)", $59,520 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

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improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $620,000 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)", $133,905 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 facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $565,000 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)", $48,000 is specificcally 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 facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $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)", $52,140 is specifi cally appropriated for the purpose of financing projects for the Department of Human Re sources, by means of the acquisition, construction, development, extenstion, 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 $220,000 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)", $52,800 is specifi cally appropriated for the purpose of financing projects for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, en largement, 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 $550,000 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)", $4,068,960 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, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $42,385,000 in the 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)", $480,000 is specifi cally appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, ex tension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $127,980 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,

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structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $540,000 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)", $960,000 is specifi cally appropriated for the purpose of financing George L. Smith II Georgia World Congress Center facilities for the Department of Industry, Trade and Tourism, by means of the ac quisition, construction, development, extension, enlargement, or improvement of land, wa ters, property, highyways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 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)", $384,000 is specifi cally appropriated for the purpose of financing projects for the George L. Smith II Georgia World Congress Center facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $397,440 is specifi cally appropriated for the purpose of financing facilities 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 facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $4,140,000 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)", $1,920,000 is specifi cally appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water or sewer facil ities or systems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $215,000 is specifi cally appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,240,000 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)", $1,066,500 is specifi cally appropriated for the purpose of financing facilities for the Department of Education, by means of the acquisition, construction, development, extension, enlargement, or im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $355,200 is specifi cally appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, 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.

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From the appropriation designated "State General Funds (New)", $307,200 is specifi cally appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $12,000,000 is spe cifically appropriated for the purpose of financing facilities 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 facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $125,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $672,000 is specifi cally appropriated for the purpose of financing facilities 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 facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $700,000,000 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)", $336,000 is specifi cally appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, ex tension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $683,745 is specifi cally appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, ex tension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $2,885,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,059,840 is specifically appropriated for the State Board of Education for the purpose of providing certain public library facilities for the county and independent school systems, counties, municipalities, or boards of trustees of public libraries or library systems, through the issuance of not more than $11,040,000 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)", $192,000 is specifi cally appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 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)", $237,000 is specifi cally appropriated for the purpose of financing facilities for the Department of Children

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587

and Youth Services, by means of the acquisition, construction, development, extension, en largement, 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 Obliga tion Debt, the instruments of which shall have maturities not in excess of sixty months.

From the appropriation designated "State General Funds (New)", $84,000 is specifi cally appropriated for the purpose of financing facilities for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, though the issuance of not more than $875,000 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)", $38,400 is specifi cally appropriated for the purpose of financing facilities for the Department of Children and Youth Services, by means of the acquisition, construction, devleopment, extension, en largement, 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 $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.

Section 84. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1995

$10,236,138,444

Section 85. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 86. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

Senator Hooks of the 14th moved that the Senate adopt the Conference Committee report on HB 201.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

Middleton Newbill
Oliver
Perdue Pollard Ragan
Ralston Ray Scott
Slotin Starr Taylor Thompson Turner
Tysinger Walker

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Those voting in the negative were Senators:

Glanton Gochenour

McGuire

Tanksley

Not voting were Senators Stokes and Thomas.

On the motion, the yeas were 50, nays 4; the motion prevailed, and the Senate adopted the Conference Committe report on HB 201.

The Calendar was resumed.

SB 1. By Senators Oliver of the 42nd, Farrow of the 54th, Tysinger of the 41st and Slotinofthe39th:
A bill to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to encourage continued partici pation by the citizens of Georgia in matters of public significance; to encourage the valid exercise of the constitutional rights of freedom of speech and the right to petition government for a redress of grievances.

The Senate Committee on Judiciary offered the following substitute to SB 1:
A BILL
To be entitled an Act to amend Chapter 11 of Title 9 of the Official Code of Georgia Anno tated, relating to the "Georgia Civil Practice Act," so as to encourage continued participa tion by the citizens of Georgia in matters of public significance; to encourage the valid exercise of the constitutional rights of freedom of speech and the right to petition govern ment for a redress of grievances; to provide legislative findings; to require certification that a pleading asserting a claim arising from an act in furtherance of the right of free speech or to petition government for a redress of grievances is well grounded in fact and warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, is not filed for an improper purpose, and that the act forming the basis for the claim is not privileged; to provide for striking a claim without such certification; to provide for exceptions; to provide for sanctions for violations; to provide for definitions; to provide for stays and exceptions; to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to provide that statements made in further ance of a person's right to free speech or to petition government for a redress of grievances in connection with an issue of public interest are privileged communications; to provide for editorial changes; to provide for other matters relative to the foregoing; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1
Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," is amended by adding a new Code Section 9-11-11.1 to read as follows:
"9-11-11.1.
(a) The General Assembly of Georgia finds and declares that it is in the public interest to encourage participation by the citizens of Georgia in matters of public significance through the exercise of their constitutional rights of freedom of speech and the right to petition government for redress of grievances. The General Assembly of Georgia further finds and declares that the valid exercise of the constitutional rights of freedom of speech and the right to petition government for a redress of grievances should not be chilled thorugh abuse of the judicial process.
(b) For any claim asserted against a person or entity arising from an act by that person or entity in furtherance of the right of free speech or the right to petition government for a

FRIDAY, FEBRUARY 10, 1995

589

redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern, both the party asserting the claim and the party's attorney of record shall be required to file, contemporaneously with the pleading containing the claim, a written verification under oath as set forth in Code Section 9-10-113. Such written verification shall certify that the party and his or her attorney have read the claim; that to the best of their knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; that the act forming the basis for the claim is not a privileged communication under paragraph (4) of Code Section 51-5-7; and that the claim is not interposed for any improper purpose such as to suppress a person's or entity's right of free speech or right to petition government, or to harass, or to cause unnecessary delay or needless increase in the cost of litigation. If the claim is not verified as required by this subsection, it shall be stricken unless it is verified promptly after the omission is called to the attention of the party asserting the claim. If a claim is verified in violation of this Code section, the court, upon motion or upon its own initiative, shall impose upon the persons who signed the verification, a represented party, or both an appropriate sanction which may include dismissal of the claim and an order to pay to the other party or par ties the amount of the reasonable expenses incurred because of the filing of the pleading, including a reasonable attorney's fee.
(c) As used in this Code section, 'act in furtherance of the person's right to free speech or right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of Georgia in connection with an issue of public inter est or concern' includes any written or oral statement, writing, or petition made before or to a legislative, executive, or judicial proceeding, or any other official proceeding author ized by law; any written or oral statement, writing, or petition made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law; or any written or oral statement, writing, or petition made in a place open to the public or a public forum in connection with an issue of public interest or concern.
(d) All discovery and any pending hearings or motions in the action shall be stayed upon the filing of a motion to dismiss or a motion to strike made pursuant to subsection (b) of this Code section. The motion shall be heard not more than 30 days after service unless the criminal and emergency docket of the court requires a later hearing. The court, on noticed motion and for good cause shown, may order that specified discovery or other hearings or motions be conducted notwithstanding this subsection.
(e) Nothing in this Code section shall affect or preclude the right of any party to any recovery otherwise authorized by common law, statute, law, or rule."
SECTION 2.
Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slan der, is amended by striking in its entirety Code Section 51-5-7, relating to privileged com munications, and inserting in lieu thereof a new Code section to read as follows:
"51-5-7.
The following communications are deemed privileged:
(1) Statements made in good faith in the performance of a public duty;
(2) Statements made in good faith in the performance of a legal or moral private duty;
(3) Statements made with a good faith intent on the part of the speaker to protect his or her interest in a matter in which it is concerned;
(4) Statements made in good faith 'in furtherance of a person's right to free speech or right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern' as defined in subsection (c) of Code Section 9-11-11.1.

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(5) Fair and honest reports of the proceedings of legislative or judicial bodies;
(5X6) Fair and honest reports of court proceedings;
(6X7) Comments of counsel, fairly made, on the circumstances of a case in which he or she is involved and on the conduct of the parties in connection therewith;
C?X8) Truthful reports of information received from any arresting officer or police au thorities; and
(8X9) Comments upon the acts of public men or public women in their public capacity ancTwith reference thereto."

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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan
Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Tanksley Taylor Turner Tysinger Walker

Those not voting were Senators:

Hooks Stokes

Thomas

Thompson

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Walker of the 22nd moved that Senator Stokes of the 43rd be excused from the Senate today.
On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Stokes of the 43rd was excused from the Senate today.

FRIDAY, FEBRUARY 10, 1995

591

The Calendar was resumed.
SB 156. By Senators Clay of the 37th, Edge of the 28th, Cagle of the 49th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for public access to certain juvenile court hearings and records; to provide for fingerprinting and photographing of juveniles; to provide for the sharing and use of information on juvenile arrests and court proceedings between appropriate public and school agencies.
The Senate Committee on Special Judicial offered the following substitute to SB 156:
A BILL
To be entitled 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 the admission of the general public to adjudicatory hearings involving an allegation of a designated felony, an allegation of delinquency of a child who has previously been adjudicated delinquent, and, at the court's discretion, other juvenile court proceedings; to provide for inspection of com plaints, petitions, and orders from such cases which were open to the public; to provide exceptions; to provide for prompt written notice to the school superintendent when a child is adjudicated delinquent for a second or subsequent time or of an adjudicatory proceeding involving a designated felony; to authorize the storage for computer retrieval of records, dockets, indices, or files of the juvenile court; to provide for fingerprinting and photograph ing children charged with designated felonies or offenses over which the superior court has exclusive or concurrent jurisdiction; to provide for the sharing of information regarding such children with the department of family and children services and certain school offi cials; to provide for notice to any victim when a child who has been adjudicated delinquent for commission of a designated felony is released from confinement or custody or is paroled; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety subsection (c) of Code Section 15-11-28, relating to the conduct of hearings, and inserting in lieu thereof a new subsection (c) and an additional subsection to be designated subsection (c.l) to read as follows:
"(c) Except as otherwise provided by subsection (c.l) of this Code section, the The general public shall be excluded from hearings involving delinquency, deprivation, or unruliness. Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court. The court may temporarily exclude the child from the hearing except while allegations of his or her delinquency or unruly conduct are being heard.
(c.l) The general public shall be admitted to:
(1) An adjudicatory hearing involving an allegation of a designated felony pursuant to Code Section 15-11-37;
(2) An adjudicatory hearing involving an allegation of delinquency brought in the inter est of any child who has previously been adjudicated delinquent; provided, however, the court shall close any delinquency hearing on an allegation of sexual assault or any delin quency hearing at which any party expects to introduce substantial evidence related to matters of deprivation;"!)?
(3) At the court's discretion, any dispositional hearing involving any proceeding under this article."

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SECTION 2.
Said article is further amended by striking in its entirety Code Section 15-11-58, relating to inspection of court files and records, and inserting in lieu thereof a new Code section to read as follows:
"15-11-58.
Except in cases arising under Code Section 15-11-49, and subject to the requirements of subsection (d) of Code Section 15-11-33 and Code Section 15-11-61, and with the excep tion of any complaint, petition, and order from any case that was open to the public pursuant to subsection (c.l) of Code Section 15-11-28, all tiles and records of the court in a proceeding under this article are open to inspection only upon order of the court. The judge may permit authorized representatives of recognized organizations compiling sta tistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those conditions. The judge may permit any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a student as a part of such counseling person's school employment duties, to review official records of the court in any proceeding under this chapter concerning that student, including but not limited to records of that child's controlled substance or marijuana abuse, which records are pro tected by Code Section 49-5-41.1, under whatever conditions that the judge may deem proper and may punish by contempt any violation of those conditions. The judge shall permit authorized representatives of the Department of Children and Youth Services, the Department of Corrections, the Children and Youth Coordinating Council, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court."
SECTION 3.
Said article is further amended by inserting a new Code section to be designated Code Section 15-11-58.1 to read as follows:
"15-11-58.1.
Within 14 days of any proceeding in which a child is adjudicated delinquent for a second or subsequent time or any adjudicatory proceeding involving a designated felony, the court shall provide written notice to the school superintendent or his or her designee of the school in which such child is enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific delinquent act or designated felony act that such child committed."
SECTION 4.
Said article is further amended by striking Code Section 15-11-60, relating to when a juve nile may be fingerprinted or photographed and the maintenance, inspection, and publica tion of fingerprint and photograph files, and inserting in lieu thereof a new Code Section 15-11-60 to read as follows:
"15-11-60.
(a) Every child charged with the commission of any act which would be a designated felony or an oft'ense over which the superior court has exclusive or concurrent jurisdic tion, other than those status offender crimes as defined in Code Section 15-11-2, shall be fingerprinted and photographed upon being taken into custody. Fingerprints and photo graphs of children shall be taken and filed separately from those of adults by law enforce ment officials to be used in investigating the commission of crimes and to be made available as provided in this article and as may be directed by the court. -No child under
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FRIDAY, FEBRUARY 10, 1995

593

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(eXb) 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.
WXc) Fingerprint files and photographs of children may be inspected by law enforcement officers when necessary for the discharge of their official duties. The names and ad dresses of children who have been fingerprinted or photographed or both and the otfense or ott'enses charged shall be made available when a petition is filed or a child is taken into custody, whichever is earlier, to the appropriate department of family and children serv ices and school superintendent. This information shall be disseminated by the appropri ate school superintendent to the child's teachers and counselors in the superintendent's discretion. Other inspections may be authorized by the court in individual cases upon a showing that it is necessary in the public interest.
(eXd) Upon application of the child, fingerprints and photographs of a child shall be re moved from the file and destroyed if a petition alleging delinquency is not filed or the proceedings are dismissed after either a petition is filed or the case is transferred to the juvenile court as provided in Code Section 15-11-13 or the child is adjudicated not to be a delinquent child.

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(gXe) Except as provided in this Code section, without Without the consent of the judge, a child shall not be photographed alter he or she is taken into custody unless the case is transferred to another court for prosecution.
(trXfXl) The name or picture of any child under the jurisdiction of the juvenile court forThe first time shall not be made public by any news media, upon penalty of con tempt 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 5.

Said article is further amended by inserting in Code Section 15-11-65, relating to juvenile court powers as a court of inquiry, court of record, and in issuing warrants and the preser vation and destruction of records of the court, a new subsection to be designated subsection (c.l) to read as follows:
"(c.l) Nothing in this chapter shall restrict or otherwise prohibit a juvenile court clerk from electing to store for computer retrieval any or all records, dockets, indices, or files; nor shall a juvenile court clerk be prohibited from combining or consolidating any books, dockets, files, or indices in connection with the filing for record of papers of the kind

594

JOURNAL OF THE SENATE

specified in this chapter or any other law, provided that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indices. When the clerk of a juvenile court elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security maintained."
SECTION 6.
Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by striking in its entirety subsection (e) of Code Section 49-4A8, relating to commitment of delinquent or unruly children, and inserting in lieu thereof the following subsections:
"(e) Except as provided by subsection (e.l) of this Code section, when When a delinquent or unruly child has been committed to the department for detention and a diagnostic study for the purpose of determining the most satisfactory plan for his the child's care and treatment has been completed, the department may:
(1) Permit hiui-hih the child liberty under supervision and upon such conditions as the department may believe conducive to acceptable behavior;
(2) Order his the child's confinement under such conditions as the department may believe best designed to serve his the child's welfare and as may be in the best interest of the public;
(3) Order reconfinement or renewed release as often as conditions indicate to be desirable;
(4) Revoke or modify any order of the department affecting the child, except an order of final discharge, as often as conditions indicate to be desirable; or
(5) Discharge him the child from control of the department when it is satisfied that such discharge will best serve his the child's welfare and the protection of the public.
(e.lXD When a child who has been adjudicated delinquent for the commission of a designated felony act as defined in Code Section 15-11-37 is released from confinement or custody of the department, it shall be the responsibility of the department to provide notice to any person who was the victim of the child's delinquent acts that the child is being released from confinement or custody.
(2) As long as a good faith attempt to comply with paragraph (1) of this subsection has Been made, the department and employees of the department shall not be liable for Hamages incurred by reason of the department's failure to provide the notice required by paragraph (1) of this subsection."
SECTION 7.
Said chapter is further amended by striking in its entirety subsection (b) of Code Section 49-4A-9, relating to children who have been previously adjudged to have committed an act which is a felony if tried in a superior court and who, on a second or subsequent occasion, are convicted of a felony in a superior court, and inserting in lieu thereof a new subsection to read as follows:
"(b) Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of the child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children sub ject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of the child and the best interests of the state; provided, however, that the release or parole of any juvenile committed to the department for detention in any of its institutions under the terms of this chapter during the period of one year from the date of

FRIDAY, FEBRUARY 10, 1995

595

commitment shall be had only with the concurrence and recommendation of the commis sioner or his the commissioner's designated representative; provided, further, that upon releasing or paroling any juvenile adjudicated delinquent for the commission of a desig nated felony act as defined in Code Section 15-11-37 and committed to the department for detention in any of its institutions under the terms of this chapter, the department shall provide notice to any person who was the victim of the child's delinquent acts that the child is being released or paroled. As long as a good faith attempt to comply with the notice requirement of this subsection has been made, the department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by this subsection."

SECTION 8.

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 Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Tanksley Taylor Thompson Turner Tysinger

Those not voting were Senators:

Brown of 26th Henson

Stokes (excused) Thomas

Walker

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

SB 239. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th and Burton of the 5th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Governor's Council on Developmental Disabilities; to provide that the council shall serve as the designated state agen cy and state planning council for purposes of carrying out the provisions of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended; to provide for composition of the council.

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JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour
Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis
Gochenour Griffin Guhl Harbison Henson Hill Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton
Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Tanksley Taylor Thompson Turner Tysinger

Those not voting were Senators:

Glanton Hooks

Scott Stokes (excused)

Thomas Walker

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

SR 12. By Senator Hooks of the 14th:

A resolution designating the J.L. Turner Bridge.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge

Egan Farrow Gochenour Griffin Harbison Henson Hill Isakson Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ralston Ray Scott Slotin Starr Tanksley Taylor Thompson Turner Tysinger

FRIDAY, FEBRUARY 10, 1995

597

Those not voting were Senators:

Gillis Glanton Guhl

Hooks James Ragan

Stokes (excused) Thomas Walker

On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 15. By Senator Dean of the 31st:

A resolution honoring Charles Hardy and designating a portion of Georgia High way 120 as the "Charles Hardy Parkway".

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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Griffin Harbison Henson Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden

Marable McGuire Middleton Newbill Oliver Perdue Pollard Ralston Ray Scott Starr Tanksley Taylor Turner Tysinger

Those not voting were Senators:

Clay

Ragan

Guhl

Slotin

Hill

Stokes (excused)

Thomas Thompson Walker

On the adoption of the resolution, the yeas 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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

Mr. President:
The House has adopted the report of the Committee of Conference on the following bill of the House:

HB 201. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19941995 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1994-1995.

598

JOURNAL OF THE SENATE

Senator Perdue of the 18th moved that, pursuant to HR 18, adopted previously, the Senate stand in recess until 5:00 P.M. today, and at that time stand adjourned until 10:00 A.M. Monday, February 13, 1995; the President announced that the motion prevailed at 12:16 P.M.

MONDAY, FEBRUARY 13, 1995

599

Senate Chamber, Atlanta, Georgia Monday, February 13, 1995 Twenty-first Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of Friday, February 10, 1995, proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal 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 637. By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th:
A bill to amend an Act creating the State Court of Lowndes County, so as to provide that the solicitor of the state court shall be full time and may not engage in the private practice of law.
HB 639. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act making provisions for the judge of the Probate Court of Lamar County, so as to provide that the judge of the Probate Court of Lamar County shall have jurisdiction to try all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty to such misde meanor.
HB 642. By Representatives Buck of the 135th, Culbreth of the 132nd, Hugley of the 133rd, Smith of the 102nd, Taylor of the 134th and others:
A bill to amend an Act creating the board of elections and registration for Muscogee County, so as to change the manner of selecting members of the board; to change the manner of filling vacancies; to provide for succession and removal of members.
HB 645. By Representative Purcell of the 9th:
A bill to amend an Act placing the coroner of Habersham County on an annual salary, so as to change the salary of the coroner.
SB 261. By Senators Starr of the 44th and Thomas of the 10th:
A bill to provide that each resident of the Clayton County School District who is 65 years of age and older shall be granted an exemption from all Clayton County School District taxes on the full value of such person's homestead owned and occupied by such person as a residence; to provide for practices and procedures in connection with such exemption; to provide for affidavits and forms; to pro vide for related matters; to provide for applicability; to provide for a referendum.

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JOURNAL OF THE SENATE

HB 475. By Representatives Henson of the 65th, Lawrence of the 64th, Baker of the 70th, Sherrill of the 62nd, Teper of the 61st and others:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks, so as to provide that certain facilities, services, and charges for the use of facilities and services of certain projects of the Stone Mountain Memorial Association shall not be exempt from and shall be subject to certain taxes.
HB 592. By Representatives Cummings of the 27th, Shanahan of the 10th and Baker of the 70th:
A bill to amend Code Section 47-13-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the District Attorneys' Re tirement System, so as to clarify the amount of retirement benefits for certain members.
HB 50. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th, Royal of the 164th and Culbreth of the 132nd:
A bill to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to the allocation and apportionment of corporate net income for state income tax purposes, so as to change the method of income apportionment for certain corporations.
HB 219. By Representative Watson of the 139th:
A bill to amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to provisions for payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under Article 1 of Chapter 1 of Title 10, "The Retail Installment and Home Solicitation Sales Act," so as to change the maxi mum delinquency charge which may be provided under a retail installment con tract or revolving account.
HB 260. By Representatives Lane of the 146th, Kinnamon of the 4th, Orrock of the 56th, Perry of the llth and Lewis of the 14th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change the liability of suc ceeding employers; to change the computation of contribution rates for such em ployers.
HB 594. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Ray of the 128th, 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 state symbols, so as to designate Georgia as the Poultry Capital of the World.
HB 454. By Representatives Childers of the 13th, Skipper of the 137th, Perry of the llth, Henson of the 65th and Smith of the 12th:
A bill to amend Chapter 14 of Title 31 of the Official Code of Georgia Annotated, relating to hospitalization for tuberculosis, so as to change the provisions re garding petitions for commitment; to change the provisions regarding hearings on the petition and provide for rights and costs of counsel.

MONDAY, FEBRUARY 13, 1995

601

SB 103. By Senators Turner of the 8th, Starr of the 44th, Hooks of the 14th, Dean of the 31st, Clay of the 37th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to clarify the intention of the General Assembly; to define and redefine certain terms; to change the restrictions rela tive to the commissioner, deputy commissioners, and examiners; to provide that fees collected by the department shall be deposited with the Office of Treasury and Fiscal Services.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 234. By Representative Mobley of the 86th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Barrow County.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 330. By Senators Dean of the 31st, Pollard of the 24th and Ray of the 19th:
A bill to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of agents, subagents, counselors, and ad justers, so as to authorize the Commissioner to enter into agreements relative to the testing of applicants for licensure, record-keeping, and other services related to the administration of his or her duties under Chapter 23 of Title 33.
Referred to Committee on Insurance and Labor.
SB 331. By Senators Taylor of the 12th, Pollard of the 24th, Madden of the 47th and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to workers' compensation, so as to provide that the immunity granted to employers under Chapter 9 of Title 34 shall apply to a client of a temporary help contracting firm or an em ployee leasing company when workers' compensation benefits are provided by such firm or company or the clients of either.
Referred to Committee on Insurance and Labor.
SB 332. By Senator Langford of the 29th:
A bill to amend Code Section 33-14-19 of the Official Code of Georgia Annotated, relating to financial interests in and transactions with insurers by officers, di rectors, committee members, or employees who invest insurers' funds, so as to change certain provisions relating to insurance corporations; to authorize cer tain transactions with insurers by said officers, directors, committee members, or employees.
Referred to Committee on Insurance and Labor.

602

JOURNAL OF THE SENATE

SB 333. By Senator James of the 35th:
A bill to amend Code Section 34-7-1 of the Official Code of Georgia Annotated, relating to determination of term of employment and manner of termination of indefinite hiring, so as to provide for a probationary period of employment; to provide for permanent status employees; to provide for rules and regulations relating to termination of permanent status employees; to provide for excep tions.
Referred to Committee on Special Judiciary.
SB 334. By Senator James of the 35th:
A bill to amend Code Section 40-9-2 of the Official Code of Georgia Annotated, relating to definitions relative to reporting accidents and giving proof of finan cial responsibility, so as to raise the minimum amount of coverage required as evidence of security for bodily injury and property damage liability.
Referred to Committee on Insurance and Labor.
SB 335. By Senator James of the 35th:
A bill to amend Article 7 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to product packaging, so as to prohibit the manufacture and distribution of containers that are not reusable and made of biodegradable and recyclable materials.
Referred to Committee on Consumer Affairs.
SB 336. By Senator James of the 35th:
A bill to prohibit the operation of a motor vehicle racetrack within a two-mile radius of a preexisting residential neighborhood in Fulton County; to provide for legislative findings; to provide an exception.
Referred to Committee on State and Local Governmental Operations.
SR 202. By Senators Middleton of the 50th, Perdue of the 18th, Hill of the 4th and others:
A resolution creating the Senate Study Committee on Local Education Finance Review.
Referred to Committee on Rules.
SR 204. By Senators Griffin of the 25th, Thomas of the 10th, Scott of the 36th and others:
A resolution directing the State Board of Education to include in its rules a pro vision encouraging high school students to participate in community service and establishing procedures for the awarding of academic credit for community ser vice.
Referred to Committee on Education.

MONDAY, FEBRUARY 13, 1995

603

The following bills and resolution of the House were read the first time and referred to committees:
HB 50. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th and others:
A bill to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to the allocation and apportionment of corporate net income for state income tax purposes, so as to change the method of income apportionment for certain corporations.
Referred to Committee on Finance and Public Utilities.
HB 219. By Representative Watson of the 139th:
A bill to amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to provisions for payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under Article 1 of Chapter 1 of Title 10, "The Retail Installment and Home Solicitation Sales Act," so as to change the maxi mum delinquency charge which may be provided under a retail installment con tract or revolving account.
Referred to Committee on Science, Technology and Industry.
HB 260. By Representatives Lane of the 146th, Kinnamon of the 4th, Orrock of the 56th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change the liability of suc ceeding employers; to change the computation of contribution rates for such em ployers.
Referred to Committee on Insurance and Labor.
HB 454. By Representatives Childers of the 13th, Skipper of the 137th, Perry of the llth and others:
A bill to amend Chapter 14 of Title 31 of the Official Code of Georgia Annotated, relating to hospitalization for tuberculosis, so as to change the provisions re garding petitions for commitment; to change the provisions regarding hearings on the petition and provide for rights and costs of counsel.
Referred to Committee on Health and Human Services.
HB 475. By Representatives Henson of the 65th, Lawrence of the 64th, Baker of the 70th and others:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks, so as to provide that certain facilities, services, and charges for the use of facilities and services of certain projects of the Stone Mountain Memorial Association shall not be exempt from and shall be subject to certain taxes.
Referred to Committee on Consumer Affairs.

604

JOURNAL OF THE SENATE

HB 592. By Representatives Cummings of the 27th, Shanahan of the 10th and Baker of the 70th:
A bill to amend Code Section 47-13-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the District Attorneys' Re tirement System, so as to clarify the amount of retirement benefits for certain members.
Referred to Committee on Retirement.
HB 594. 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 state symbols, so as to designate Georgia as the Poultry Capital of the World.
Referred to Committee on Agriculture.
HB 637. By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th:
A bill to amend an Act creating the State Court of Lowndes County, so as to provide that the solicitor of the state court shall be full time and may not engage in the private practice of law.
Referred to Committee on State and Local Governmental Operations.
HB 639. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act making provisions for the judge of the Probate Court of Lamar County, so as to provide that the judge of the Probate Court of Lamar County shall have jurisdiction to try all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty to such misde meanor.
Referred to Committee on State and Local Governmental Operations.
HB 642. By Representatives Buck of the 135th, Culbreth of the 132nd, Hugley of the 133rd and others:
A bill to amend an Act creating the board of elections and registration for Muscogee County, so as to change the manner of selecting members of the board; to change the manner of filling vacancies; to provide for succession and removal of members.
Referred to Committee on State and Local Governmental Operations.
HB 645. By Representative Purcell of the 9th:
A bill to amend an Act placing the coroner of Habersham County on an annual salary, so as to change the salary of the coroner.
Referred to Committee on State and Local Governmental Operations.
HR 234. By Representative Mobley of the 86th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Barrow County.
Referred to Committee on Finance and Public Utilities.

MONDAY, FEBRUARY 13, 1995

605

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

Mr. President:

The Committee on Corrections, Correctional Institutions and Property has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 154. Do pass as amended.

SR 137. Do pass as amended.

SB 230. Do pass as amended.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

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

SB 64. Do pass by substitute.

SB 214. Do pass.

SB 173. Do pass.

Respectfully submitted, Senator Marable of the 52nd District, Chairman

Mr. President: The Committee on Ethics has had under consideration the following bill of the Senate
and has instructed me to report the same back to the Senate with the following recommendation:
SB 148. Do pass by substitute.
Respectfully submitted, Senator Farrow of the 54th District, Chairman

Mr. President:

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

SB 160. Do pass by substitute.

SB 215. Do pass by substitute.

Respectfully submitted, Senator Egan of the 40th District, Chairman

The following bills and resolutions were read the second time:

SB 53 SB 187 SR 88 HB 348

SB 113 SB 219 SR 97

SB 157 SB 231 SR 180

SB 175 SB 249 HB 345

SB 179 SB 283 HB 346

SB 180 SB 284 HB 347

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

Balfour Black

Blitch Boshears

Bowen Broun of 46th

606

JOURNAL OF THE SENATE

Brown of 26th Burton
Cagle
Cheeks Clay
Crotts Day Dean Edge Egan
Farrow Gillis
Glanton Gochenour Griffin Guhl

Harbison Henson
Hill
Hooks Isakson
James Johnson of 2nd Johnson of 1st Kemp Land
Langford Madden
Marable McGuire Middleton

Those not answering were Senators:

Abernathy Scott

Thompson

Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger
Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Black of the 53rd introduced the chaplain of the day, Reverend Kevin Skogen, pastor of Reform Presbyterian Church, Lookout Mountain, Georgia, who offered scripture reading and prayer.
Pursuant to HR 238, previously adopted, the President announced that the Senate would recess for the Joint Session to hear the Speaker of the U.S. House of Representa tives, Newt Gingrich.
The President appointed as a Committee of Escort on the part of the Senate, the follow ing Senators: Newbill of the 56th, Glanton of the 34th, Gochenour of the 27th, Boshears of the 6th, Day of the 48th, Clay of the 37th, Isakson of the 21st, Edge of the 28th, Balfour of the 9th, Abernathy of the 38th, and Broun of the 46th.
Upon dissolution of the Joint Session, the President called the Senate to order.
The following resolutions were read and adopted:

SR 203. By Senators Land of the 16th, Langford of the 29th and Harbison of the 15th:
A resolution commemorating the 150th anniversary of the Anne Elizabeth Shep herd Home in Columbus, Georgia, and the services of its former directors and commending the board of directors of Twin Cedars Youth Services, Inc.

SR 205. By Senators Blitch of the 7th, Boshears of the 6th, Kemp of the 3rd and others:
A resolution recognizing the ceremony officially designating U.S. 84 as the Wiregrass Georgia Parkway.

SR 206. By Senator Brown of the 26th: A resolution commending Mr. Billy Ray Nobles.

MONDAY, FEBRUARY 13, 1995

607

SENATE RULES CALENDAR Monday, February 13, 1995
TWENTY-FIRST LEGISLATIVE DAY
SB 263 Special License Plates--commemorating 1996 Paralympic Games (EDT&CA-- 46th)
SB 89 Property Acquisition at Tax Sales--land bank authority (Substitute)(F&PU-- 39th)
SB 298 Children Under Welfare--school attendance required (LEARNFARE pilot) (H&HS--56th)
SR 159 Colquitt County--conveyance of certain state property (F&PU--13th)
SR 160 Colquitt County--conveyance of certain state property (F&PU--13th)
SB 224 Real Estate--intangible recording tax on long-term notes (B&FI--8th)
SB 244 Environmental Law Violation--mitigating factors taken into account (Substi tute) (Nat R--55th)
SB 202 Withdrawal, Diversion of Surface, Ground Waters--permits (Nat R--20th)
SR 40 MARTOC--conform certain committee designations (Trans--18th)
SB 110 Judicial Proceedings--crime victim and family may be present (Substitute)(S Judy--47th)
SB 25 State, Local Flag Display--include POW, MIA flag (D&VA--31st)
SB 286 Group Self-Insurance Funds for Workers' Compensation--definitions, applica tions (Amendment) (I&L--24th) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:
SB 263. By Senators Broun of the 46th, Madden of the 47th, Starr of the 44th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for special license plates to commemorate the holding of the 1996 Paralympic Games in the City of Atlanta and the State of Georgia; to authorize the state revenue commissioner with the approval of the Fiscal Affairs Subcom mittees of the Senate and House of Representatives to negotiate and execute licensing agreements or other agreements for this purpose.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

608

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:

Black
Blitch Boshears Burton
Cagle Cheeks
Clay Crotts
Day Dean
Edge Egan Farrow Gillis Glanton

Gochenour
Griffin Guhl Henson
Hill Hooks
Isakson James
Johnson of 1st Land
Langford Madden Marable McGuire Middleton

Oliver
Perdue Pollard Ragan
Ralston Ray
Slotin Starr
Stokes Taylor
Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Balfour
Bowen Broun of 46th

Brown of 26th Harbison
Johnson of 2nd Kemp

Newbill Scott
Tanksley Walker

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 89. By Senators Slotin of the 39th, Harbison of the 15th and Henson of the 55th:
A bill to amend Code Section 48-4-64 of the O.C.G.A., relating to the acquisition and disposal of property by land bank authorities, so as to provide procedures relating to land bank authority acquisition of property at tax sales.

The Senate Committee on Finance and Public Utilities offered the following substitute to SB 89:

A BILL
To be entitled an Act to amend Code Section 48-4-64 of the Official Code of Georgia Anno tated, relating to the acquisition and disposal of property by land bank authorities, so as to provide procedures relating to land bank authority acquisition of property at tax sales; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 48-4-64 of the Official Code of Georgia Annotated, relating to the acquisition and disposal of property by land bank authorities, is amending by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) If any party obtains a judgment against a tax delinquent property within the party county for the taxes and, to satisfy the judgment, the property is ordered sold at a tax
1 Cl 11 HO pcil'SOll OlClS clll ciiiiOUiiL tiCfllcll tO wife IU.I1 HiliOllllC OI clll 1/3.X DiilS, iiiLclcoLj
^iil^ tliil 111 3 pfOJJGfCy lt tile S3.16, tilG fl.U.tllOl'ity 5113.11 J.1&VG til6'~OptJlOIl 3.1 &iiy

the authmily the authority may tender one bid at such sale, and such bid shall be com prised of the authority's commitment to pay not more than all costs of the sale and its

MONDAY, FEBRUARY 13, 1995

609

assumption of liability for all taxes, accrued interest thereon, and penalties, and, if there is no other bid, the tax commissioner shall accept the authority's bid and make a deed of the property to the authority."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen
Broun of 46th Burton
Cagle Cheeks Clay
Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl
Henson Hill
Hooks Isakson James
Johnson of 1st Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard
Ragan Ralston
Ray Slotin Starr
Stokes Tanksley Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Brown of 26th Harbison

Johnson of 2nd Kemp Scott

Taylor Walker

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

SB 298. By Senators Newbill of the 56th, Walker of the 22nd, McGuire of the 30th and others:
A bill to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide for a LEARNFARE pilot program whereby certain children included in grants of public asssistance must attend school; to provide for legislative purpose; to provide for definitions; to provide for the circumstances which constitute school attendance; to provide for verification of enrollment and school attendance; to require schools to provide school attend ance information.

Senator Newbill of the 56th offered the following amendment:
Amend SB 298 by adding at page 1, line 33, after the word appropriate the following:
"Except that one half the programs shall be in school systems which have successful programs targeting at risk students as determined by the Department of Education."

610

JOURNAL OF THE SENATE

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 Black Blitch
Boshears Bowen
Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge
Egan Farrow

Gillis Glanton Gochenour Guhl
Hill Hooks
Isakson Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton
Newbill

Oliver Perdue Pollard Ragan
Ralston Ray
Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger
Walker

Those voting in the negative were Senators:

Brown of 26th Griffin

Henson James

Johnson of 2nd

Not voting were Senators Harbison and Scott.

On the passage of the bill, the yeas were 49, nays 5. The bill, having received the requisite constitutional majority, was passed as amended.

The following resolution of the Senate was read and adopted:

SR 207. By Senators Perdue of the 18th and Ray of the 19th:
A resolution commending Harold Ray.
The President introduced Mrs. Smith also commended by SR 207. Senator Broun of the 46th introduced representatives of the counties and cities on Georgia's Antebellum Trail, commended by SR 114, adopted previously. The Calendar was resumed.

SR 159. By Senators Bowen of the 13th and Ragan of the llth:

A resolution authorizing the conveyance of certain state owned real property located in Colquitt County, Georgia.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour

Black Blitch

Boshears Bowen

MONDAY, FEBRUARY 13, 1995

611

Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Glanton Gochenour Griffin Guhl Harbison Henson

Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver

Those not voting were Senators:

Brown of 26th Farrow

Gillis

Perdue Pollard Ragan Ralston Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker
Starr

On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 160. By Senators Bowen of the 13th and Ragan of the llth:

A resolution authorizing the conveyance of certain state owned real property located in Colquitt County, Georgia.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Isakson Johnson of 2nd Kemp Land Langford Madden Marable McGuire

Middleton Newbill Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Farrow Gochenour James

Johnson of 1st Oliver

Perdue Walker

612

JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SB 224. By Senators Turner of the 8th, Broun of the 46th, Balfour of the 9th and others:

A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible recording tax, so as to provide that the holder of a long-term note secured by real estate may pass on the amount of the intan gible recording tax with regard to such note to the borrower or mortgagor.

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

On 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 Black Blitch Boshears Bowen
Broun of 46th
Brown of 26th Burton
Cagle Cheeks
Clay Crotts Day
Dean
Edge

Egan Farrow Gillis Gochenour Griffin Guhl
Harbison
Henson Hill
Hooks Isakson
James Johnson of 2nd Kemp
Land
Langford

Marable McGuire Middleton Newbill Pollard Ragan
Ralston
Ray Scott
Slotin Stokes
Tanksley Taylor Thomas
Thompson
Turner

Those not voting were Senators:

Glanton Johnson of 1st Madden

Oliver Perdue Starr

Tysinger Walker

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Isakson of the 21st gave notice that at the proper time, he would move that the Senate reconsider its action in passing SB 224.

SB 244. By Senators Henson of the 55th, Perdue of the 18th, Gillis of the 20th and Edge of the 28th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that in imposing or negoti ating any civil penalty imposed for a violation of certain environmental laws, the offender's comprehensive environmental compliance program shall be taken into account as a mitigating factor; to define a certain term; to provide that cer tain information contained in environmental compliance programs shall be pro tected.

The Committee on Natural Resources offered the following substitute to SB 244:

MONDAY, FEBRUARY 13, 1995

613

A BILL
To be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that in imposing or negotiating any civil penalty imposed for a violation of certain environmental laws, the offender's compre hensive environmental compliance program shall be taken into account as a mitigating factor; to define a certain term; to provide that certain information contained in environ mental compliance programs shall be protected; to provide exceptions; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by inserting at the end of subsection (c) of Code Section 12-2-2, relat ing to the Environmental Protection Division of the Department of Natural Resources, a new paragraph to read as follows:
"(5)(A) As used in this paragraph, the term 'comprehensive environmental compli ance program' means an organized plan designed to ensure compliance with state and federal environmental laws and regulations including as a minimum the following:
(i) A strong institutional policy to comply with environmental requirements;
(ii) Safeguards to prevent noncompliance with environmental regulations from happening;
(iii) Regular procedures, including internal or external compliance and manage ment audits, to evaluate, detect, prevent, and remedy circumstances that might lead to noncompliance with environmental regulations;
(iv) Procedures and safeguards to ensure the integrity of any audits conducted pursuant to this subparagraph;
(v) Audits that evaluate all sources and means of reducing pollution which address the possibility of cross-media transfers of pollutants and recognize pollution pre vention opportunities;
(vi) Provisions for the timely implementation of the auditors' recommendations;
(vii) A commitment of adequate resources to the auditing program and a commit ment to implement the auditors' recommendations; and
(viii) A statement of employee and corporate departmental accountability for com pliance with environmental regulations.
(B) In imposing or negotiating any civil penalty, fine, sentence, or negotiated settle ment authorized for the violation of any laws enforced by the Environmental Protec tion Division of the department, the director of such division, any administrative law judge, and any court of competent jurisdiction shall consider as a mitigating factor the existence and scope of the offender's comprehensive environmental compliance program, in addition to considering all other factors identified by this title."

614

JOURNAL OF THE SENATE

SECTION 2.
Said title is further amended by striking in its entirety Code Section 12-8-180, relating to definitions relative to the Pollution Prevention Assistance Division of the Department of Natural Resources, and inserting in lieu thereof the following:
"12-8-180.
As used in this article, the term:
(1) 'Board' means the Board of Natural Resources.
(2) 'Commissioner' means the commissioner of natural resources.
(3) 'Comprehensive environmental compliance program' means the comprehensive en vironmental compliance program defined in paragraph (5) of subsection (c) of Code Section 12-2-2.
(4) 'Division' means the Pollution Prevention Assistance Division of the Department of Natural Resources.
(4K5) 'Division director' means the director of the division.
(5W)'Environmental Protection Division' means the Environmental Protection DivisiorTbf the Department of Natural Resources."
SECTION 3.
Said title is further amended by striking in its entirety Code Section 12-8-184, relating to the confidentiality of information provided by business or industry disclosed to the Envi ronmental Protection Division of the Department of Natural Resources for certain pur poses, which reads as follows:
"12-8-184.
The division shall not disclose to the public any information designated by law as confi dential or proprietary provided by any business or industry in the course of developing and implementing pollution prevention and environmental waste reduction assessments and activities. Pollution prevention and environmental waste reduction reports and plans developed by or for any business or industry shall be the property of such business or industry, except as otherwise agreed to and except for such reports as otherwise re quired by law to be the property of the division.",
and inserting in lieu thereof the following:
"12-8-184.
(a) Neither the division nor any business or industry nor person performing environmen tal services for any business or industry shall be required to disclose to anyone, including the Environmental Protection Division, any information which is designated by law as confidential or proprietary and which is produced by such business or industry or any person performing environmental services for any business or industry in the course of developing and implementing pollution prevention and waste reduction assessments and activities or comprehensive environmental compliance programs including related au dits. Pollution prevention and environmental waste reduction reports, plans, assess ments, including, but not limited to, sampling analysis data, and the result of audits performed pursuant to comprehensive environmental compliance programs shall be the property of such business or industry and are confidential and deemed to be trade secrets, as such term is defined and protected in Code Section 10-1-761. Such confidential or proprietary information shall not include a'ny records, reports, communications, or data that would be required to be reported pursuant to state or federal rules or permits. Any reports prepared by or for the division shall be treated as property of the division upon either the agreement of all parties concerned or as otherwise required by law to be the property of the division.
(b) The information made confidential or proprietary pursuant to subsection (a) of this Code section shall be disclosed to the Environmental Protection Division only as required

MONDAY, FEBRUARY 13, 1995

615

by an order issued by the director of the Environmental Protection Division to the busi ness or industry prior to the generation of the confidential or proprietary information or by such an order issued by the director subsequent to the generation of the confidential or proprietary information if such information is required to protect against an imminent threat to human health or the environment.
(c) Nothing in this Code section shall supersede, affect, or otherwise alter any privilege provided by law or otherwise applicable."

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 Kemp of the 3rd offered the following amendment:

Amend the committee substitute to SB 244 by adding after the word "privilege" on page 4 line 26 the following "or procedure"
On the adoption of the amendment, the yeas were 30, nays 0, and the Kemp amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch
Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Farrow Gillis
Gochenour

Griffin Guhl Harbison
Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton
Newbill

Oliver Perdue Pollard
Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Black.

Not voting were Senators Egan and Glanton.

On the passage of the bill, the yeas were 53, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.

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JOURNAL OF THE SENATE

SB 202. By Senators Gillis of the 20th, Hooks of the 14th, Edge of the 28th and others:

A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to change and clarify the maximum duration of permits for the withdrawal, diversion, or impoundment of surface waters and ground waters; to provide factors to be considered in granting such permits.

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

On 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Glanton

Johnson of 2nd

Walker

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed.

SR 40. By Senator Perdue of the 18th:

A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, as amended, so as to conform certain committee designations therein to existing designations.

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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton

Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks

MONDAY, FEBRUARY 13, 1995

617

Isakson James Johnson of 1st
Kemp Land Langford Madden
Marable McGuire

Middleton Newbill Oliver
Perdue Pollard Ragan Ralston
Ray Scott

Slotin Starr Stokes
Tanksley Taylor Thomas Thompson
Turner Tysinger

Not voting were Senators Johnson of 2nd and Walker.

On the adoption of the resolution, the yeas were 54, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SB 110. By Senators Madden of the 47th, Broun of the 46th, Ray of the 19th and others:
A bill to amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, so as to provide that the victim of a crime and the immediate family of the victim shall have the right to be present in court at judicial proceedings; to provide that upon motion, or upon its own motion, the court may determine the order of testimony of witnesses where necessary to provide a fair trail.

The Senate Committee on Special Judiciary offered the following substitute to SB 110:

A BILL
To be entitled an Act to amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the examination of witnesses, so as to provide that the vic tim of a crime and the immediate family of the victim shall have the right to be present in court at judicial proceedings; to provide that upon motion, or upon its own motion, the court may determine the order of testimony of witnesses and may sequester the victim or mem ber of the victim's immediate family until such person has completed his or her testimony where necessary to provide a fair trial; to provide that certain provisions of law shall not limit or restrict the power of the court to remove or expel persons from the court; to provide for other related matters; to provide for an effective date and applicability; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the examination of witnesses, is amended by striking Code Section 24-9-61.1, relating to al lowing the presence of a victim at court proceedings, and inserting in its place a new Code section to read as follows:
"24-9-61.1.
(a)(l) Except as otherwise provided in paragraph (2) of this subsection, the The victim of a criminal offense may and the immediate family of the victim shall be entitled to be present in any court exercising jurisdiction over such offense. ft~sh"all be within the
&Gl uiiCicLiOli 01 tlWi JU.Ct^6 tG ii-Qpl&iUllli Ullft pi vVifinjiii ul tliiS v/OCw ocCLiOii ciilil ucCfcl ~
UliH.^:; Wllcil tO iillOW SUCll ViCliiiil tO DC ^il'tiSGUL 111 SUCH COLLili iiilu., 11 oU.CH Victim iS pfci~
QiiLbcu IXy 06 J^i'^S^ilL, tG u.3i<61~illiI161/116 Ol'ufci iii WliiCli tl\fi vGStlHIOfly 01 SUCH "VlCtlili SH3.11
be given.
(2) If the victim of a criminal offense or any immediate family member of the victim elects to be present and is to testify as a witness, the court upon motion or upon its own

618

JOURNAL OF THE SENATE

motion shall have discretion as necessary or appropriate to secure a fair trial for the

defendant to:

~

(A) Determine the order in which the testimony of such victim or family member shall be given; and

(B) Sequester said victim or member of said victim's immediate family until such person has completed his or her testimony.

The court shall, in exercise of its discretion, endeavor to provide to the victim and the victim's immediate family the opportunity to be present during as much of the trial as possible, as the interests of justice permit.

(3) Nothing in this Code section shall limit or restrict the power of any court to remove or expel any person from the court for unruliness, refusal to obey an order of the court, misbehavior in the presence of the court which may obstruct the administration of justice, or other conduct constituting a contempt of court.

(b) The failure of a victim to exercise any right granted by this Code section shall not be a cause or ground for an appeal of a conviction by a defendant or for any court to set aside, reverse, or remand a criminal conviction.

(c) For purposes of subsection (a) of this Code section, the immediate family of the victim shall include any or all of the following: the victim's spouse, the victim's parent or par ents, the victim's sibling or siblings, and the victim's child or children."

SECTION 2.

This Act shall become effective July 1, 1995, and shall apply with respect to any judicial proceeding or part of a judicial proceeding convened in session or continued in session on or after that date. However, if the court finds that application of this Act to a continuation of a previously convened proceeding would result in unfairness to the defendant, then the court may enter such order as will in the court's discretion best balance the ends of this Act with the rights of the defendant.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears
Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts

Day Dean Edge Egan Farrow
Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill

Hooks Isakson James Johnson of 2nd Johnson of 1st
Kemp Land Langford Madden Marable McGuire Middleton Newbill

MONDAY, FEBRUARY 13, 1995

619

Oliver Perdue Pollard Ragan Ralston Ray

Scott Slotin Starr Stokes Tanksley Taylor

Thomas Thompson Turner Tysinger Walker

On the passage of the bill, the yeas were 56, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 25. By Senators Dean of the 31st and Marable of the 52nd:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state flags and other flags, so as to provide that on November 11 of every year, each state and local facility which displays the offi cial state flag shall also display a flag honoring prisoners of war and missing in action; to describe such flag.

Senators Dean of the 31st, Marable of the 52nd and Harbison of the 15th offered the following substitute to SB 25:

A BILL
To be entitled an Act to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state flags and other flags, so as to provide that on November 11 of every year, each state and county facility which displays the American flag shall also display a flag honoring prisoners of war and missing in action; to describe such flag; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state flags and other flags, is amended by inserting at the end thereof the following:
"50-3-12.
(a) On November 11 of each year, each state and county governmental facility in the state which displays the American flag shall also display a flag honoring prisoners of war and missing in action substantially designed as described in subsection (b) of this Code section.
(b) The flag referred to in subsection (a) of this Code section shall be a black rectangle with the words 'POW-MIA' printed in the center in white lettering. The flag may also bear the outline of a human figure in white in the vicinity of the lettering."
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.
Pursuant to Senate Rule 143, action on SB 25 was suspended, and the bill was placed on the General Calendar.

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JOURNAL OF THE SENATE

SB 286. By Senators Pollard of the 24th, Tysinger of the 41st, Ray of the 19th and others:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' compensation purposes, so as to revise definitions; to provide for certain information to be sub mitted to the Commissioner of Insurance with an application for a certificate of authority; to revise requirements for the establishment of a group self-insurance fund; to revise procedures for the admission of new members into a fund.

The Senate Committee on Insurance and Labor offered the following amendment:

Amend SB 286 by striking from line 24 of page 7 the following: "20",

and inserting in lieu thereof the following: "15".

On the adoption of the committee amendment, the yeas were 40, nays 0, and the amendment was adopted.

Senators Henson of the 55th, Starr of the 44th and Marable of the 52nd offered the following amendment:

Amend SB 286 by striking on line 26 of page 7 the date "July 1, 1995" and inserting in its place the date "July 1, 1996"
On the adoption of the amendment, the yeas were 9, nays 36, and the Henson, et al. amendment was lost.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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

Those voting in the affirmative were Senators:

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

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Black

Blitch

Walker

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

MONDAY, FEBRUARY 13, 1995

621

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Perdue of the 18th moved that the Senate do now adjourn until 9:30 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 12:18 P.M.

622

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, February 14, 1995
Twenty-second Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President.
Senator Marable of the 52nd 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 Jour nal 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:
SB 273. By Senators Starr of the 44th 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, as amended, so as to increase the amount of the homestead exemption from City of Morrow ad valorem taxes to $40,000.00; to provide for applicability; to provide for a referendum and auto matic repeal.
HB 398. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th and Culbreth of the 132nd:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the "Georgia Public Revenue Code," so as to provide for the temporary suspension of all applicable state and local taxes on certain articles, effects, equipment, or materials imported into this state in connection with the XXVI Summer Olympiad or the 1996 Atlanta Paralympic Games.
HB 510. By Representatives Skipper of the 137th, Hanner of the 159th, Floyd of the 138th, James of the 140th, Hudson of the 156th and others:
A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel taxes, so as to provide for a tax exemption with respect to certain dyed fuel oils; to change licensing requirements in connection therewith.
HB 466. By Representatives Williams of the 63rd, Watts of the 26th and Lawrence of the 64th:
A bill to amend Article 3 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to security interests in and liens on motor vehicles, so as to provide that in the case of a motor vehicle or trailer, a transaction shall not create a sales or security interest because it provides that the rental price is permitted or required to be adjusted under the agreement by reference to the amount realized upon sale.

WEDNESDAY, FEBRUARY 14, 1995

623

HB 489. By Representatives Dixon of the 150th and Smith of the 174th:
A bill to amend Chapter 6 of Title 52 of the Official Code of Georgia Annotated, relating to pilots and pilotage, so as to change the provisions relating to pre scribing rules and regulations relating to pilotage fees; to change the provisions relating to qualifications for a pilot's license.

HB 363. By Representative Royal of the 164th:
A bill to amend Code Section 36-62-6 of the Official Code of Georgia Annotated, relating to powers of development authorities, so as to provide for additional powers with respect to the disposition of real property to the state.

HB 280. By Representative Childers of the 13th:
A bill to amend Chapter 27 of Title 43 of the Official Code of Georgia Annotated, relating to nursing home administrators, so as to change the provisions gov erning the issuance of a provisional license to a nursing home administrator licensed by an entity other than the State of Georgia.

HB 178. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to authorize the appointment of additional assistant district attorneys, subject to certain conditions; to provide for duties of assistant district attorneys with respect to rights of victims of

HB 254. By Representative Parham of the 122nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide authority for the cancellation of personal identification cards; to limit the number of personal identification cards that may be held by a person to one; to provide sanctions for the unlawful use of a driver's license.
HB 423. By Representatives Holmes of the 53rd, Canty of the 52nd, Kinnamon of the 4th, Goodwin of the 79th and DeLoach of the 172nd:
A bill to amend Title 21 of the official Code of Georgia Annotated, relating to elections, so as to change the deadline for registration in certain special prima ries and elections.

624

JOURNAL OF THE SENATE

The following bills of the Senate were introduced, read the first time and referred to committees:
SENATE FIRST READERS Tuesday, February 14, 1995 TWENTY-SECOND LEGISLATIVE DAY
SB 337. By Senator Clay of the 37th:
A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, and Chapter 25 of Title 50 of the Official Code of Georgia An notated, relating to the GeorgiaNet Authority, so as to provide for public distri bution of legislative information in electronic format; to provide for provision of data by the Secretary of the Senate and the Clerk of the House to the Georgi aNet Authority.
Referred to Committee on Science, Technology and Industry.
SB 338. By Senators Slotin of the 39th, Harbison of the 15th and Henson of the 55th:
A bill to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide for legislative findings relating to nonjudicial tax foreclosure procedures; to provide for judicial in rem tax foreclosure; to provide for definitions; to provide for the filing of a petition for tax foreclosure; to provide for notice; to provide for a judicial hearing; to provide for payment of taxes; to provide for a foreclosure sale; to provide for a period of redemption.
Referred to Committee on Finance and Public Utilities.
SB 339. By Senators Langford of the 29th, Gochenour of the 27th and Madden of the 47th:
A bill to amend Code Section 37-2-5.1 of the Official Code of Georgia Annotated, relating to allocation of funds by the regional boards, so as to provide for fund allocations to community service boards and procedures regarding bids for serv ices.
Referred to Committee on Health and Human Services.
SB 340. By Senator Slotin of the 39th:
A bill to amend Article 1 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relating to eligibility and qualifica tions for office, so as to provide for a limitation on the number of consecutive years which may be served in office by a member of the governing authority or chief executive officer of a county, an elected municipal officer, an elected officer of a consolidated government, or a member of a county or independent board of education.
Referred to Committee on State and Local Governmental Operations - General.
SB 341. By Senators Clay of the 37th, Land of the 16th and Edge of the 28th:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to change the sentence for the third conviction of simple battery involving family violence.
Referred to Committee on Judiciary.

WEDNESDAY, FEBRUARY 14, 1995

625

SB 342. By Senator Henson of the 55th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, lowvoltage contractors, and utility contractors, so as to provide for the licensing and regulation of roofing contractors; to provide for legislative purpose; to provide for definitions; to provide an exception; to provide for an additional Division of Roof ing Contractors within the State Construction Industry Licensing Board.
Referred to Committee on Consumer Affairs.
SB 343. By Senator Thomas of the 10th:
A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to clarify the power of the Secretary of State to issue rules and regulations con cerning duties required of that office or which necessarily attach to it.
Referred to Committee on State and Local Governmental Operations - General.
SB 344. By Senator Egan of the 40th:
A bill to amend an Act creating a county-wide library system in Fulton County, as amended, so as to reconstitute the membership of the library board of trust ees.
Referred to Committee on State and Local Governmental Operations.
The following bills of the House were read the first time and referred to committees:
HB 178. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to authorize the appointment of additional assistant district attorneys, subject to certain conditions; to provide for duties of assistant district attorneys with respect to rights of victims of crimes.
Referred to Committee on Judiciary. Th
HB 254. By Representative Parham of the 122nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide authority for the cancellation of personal identification cards; to limit the number of personal identification cards that may be held by a person to one; to provide sanctions for the unlawful use of a driver's license.
Referred to Committee on Public Safety.
HB 280. By Representative Childers of the 13th:
A bill to amend Chapter 27 of Title 43 of the Official Code of Georgia Annotated, relating to nursing home administrators, so as to change the provisions gov erning the issuance of a provisional license to a nursing home administrator licensed by an entity other than the State of Georgia.
Referred to Committee on Health and Human Services.

626

JOURNAL OF THE SENATE

HB 363. By Representative Royal of the 164th:
A bill to amend Code Section 36-62-6 of the Official Code of Georgia Annotated, relating to powers of development authorities, so as to provide for additional powers with respect to the disposition of real property to the state.
Referred to Committee on State and Local Governmental Operations-General.
HB 398. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th and Culbreth of the 132nd:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the "Georgia Public Revenue Code," so as to provide for the temporary suspension of all applicable state and local taxes on certain articles, effects, equipment, or materials imported into this state in connection with the XXVI Summer Olympiad or the 1996 Atlanta Paralympic Games.
Referred to Committee on Finance and Public Utilities.
HB 423. By Representatives Holmes of the 53rd, Canty of the 52nd, Kinnamon of the 4th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the deadline for registration in certain special prima ries and elections.
Referred to Committee on State and Local Governmental Operations-General.
HB 466. By Representatives Williams of the 63rd, Watts of the 26th and Lawrence of the 64th:
A bill to amend Article 3 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to security interests in and liens on motor vehicles, so as to provide that in the case of a motor vehicle or trailer, a transaction shall not create a sales or security interest because it provides that the rental price is permitted or required to be adjusted under the agreement by reference to the amount realized upon sale.
Referred to Committee on Banking and Financial Institutions.
HB 489. By Representatives Dixon of the 150th and Smith of the 174th:
A bill to amend Chapter 6 of Title 52 of the Official Code of Georgia Annotated, relating to pilots and pilotage, so as to change the provisions relating to pre scribing rules and regulations relating to pilotage fees; to change the provisions relating to qualifications for a pilot's license.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 510. By Representatives Skipper of the 137th, Hanner of the 159th, Floyd of the 138th and others:
A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel taxes, so as to provide for a tax exemption with respect to certain dyed fuel oils; to change licensing requirements in connection therewith.
Referred to Committee on Finance and Public Utilities.

WEDNESDAY, FEBRUARY 14, 1995

627

Mr. President: The Committee on Education has had under consideration the following bill of the
Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 9. Do pass as amended.
Respectfully submitted,
Senator Marable of the 52nd District, Chairman

Mr. President:
The Committee on Finance and Public Utilites has had under consideration the follow ing bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 64. Do pass.

HR 81. Do pass.

SR 119. Do pass.

HR 155. Do pass.

SR 131. Do pass.

HR 159. Do pass.

HB 34. Do pass.

HR 174. Do pass.

HB 332. Do pass.

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

Mr. President:
The Committee on Insurance and Labor has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 323. Do pass.

HB 375. Do pass.

HB 330. Do pass.

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

Mr. President:

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

SB 128. Do pass.

SR 191. Do pass.

SR 202. Do pass.

SR 163. Do pass.

Respectfully submitted, Senator Scott of the 36th District, Chairman

628

JOURNAL OF THE SENATE

Mr. President: The Committee on Science, Technology and Industry has had under consideration the
following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 293. Do pass by substitute.
Respectfully submitted, Senator Tysinger of the 41st District, Chairman

Mr. President: The Committee on Science Technology and Industry has had under consideration the
following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 269. Do pass.
Respectfully submitted, Senator Tysinger of the 41st District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 136. Do pass.

HB 351. Do pass.

HB 153. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

SB 64 SB 215

SB 148 SB 230

SB 154 SR 137

SB 160

SB 173

SB 214

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

Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Day Edge Egan Farrow Gillis Glanton Gochenour

Griffin Guhl Harbison Henson Hill Hooks James Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver

Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

WEDNESDAY, FEBRUARY 14, 1995

629

Those not answering were Senators:

Abernathy Blitch

Crotts Dean

Isakson Johnson of 2nd

Senator Boshears of the 6th moved that Senator Blitch of the 7th be excused from the Senate today due to illness.
On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Blitch of the 7th was excused from the Senate today.

Senator Edge of the 28th moved that Senator Crotts of the 17th be excused from the Senate today due to illness.
On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Crotts of the 17th was excused from the Senate today.

Senator Edge of the 28th moved that Senator Isakson of the 21st be excused from the Senate today due to his mother's illness.
On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Isakson of the 21st was excused from the Senate today.

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
The President introduced the chaplain of the day, Reverend Jimmy Lester, pastor of Post Oak Baptist Church, Powder Springs, Georgia, who offered scripture reading and prayer.
Senator Ray of the 19th, President Pro Tempore, assumed the Chair.

The following resolutions of the Senate were read and adopted:

SR 209. By Senator Boshears of the 6th: A resolution recognizing Mr. Alien E. Bower, Sr.

SR 210. By Senator Guhl of the 45th: A resolution commending Nathan Burgess.

SR 211. By Senators Oliver of the 42nd, Ray of the 19th, Hill of the 4th and others:
A resolution commending Honorable Pierre Howard.
Senator Oliver of the 42nd introduced Bob Dallas, President of Safe Kids of Georgia, who presented an award to Lieutenent Governor Howard for his continued support in Safe Kids of Georgia organization.
Senator Thompson of the 33rd introduced Wendy Greiner, Miss Cobb County, com mended by SR 110, adopted previously.
The following resolution was read and adopted:

SR 208. By Senators Ray of the 19th and Gillis of the 20th:
A resolution commending the Georgia Recreation and Parks Association.
Senator Gillis of the 20th introduced representatives of the Georgia Recreation and Parks Association, commended by SR 208.
Senator Dean of the 31st introduced four ministers from Polk County, each having had fifty years of service in the ministry, commended by SR 72, SR 73, SR 74 and SR 200, adopted previously.

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Senator Broun of the 46th introduced Leo Hamilton, commended by SR 54, adopted previously.
Senator Oliver of the 42nd introduced the President and members of the Silver Haired Legislature, commended by SR 82, adopted previously.
The following general bills having been read the third time were put upon their passage:
NOTICE OF MOTION TO RECONSIDER:
SB 224 Real Estate--intangible recording tax on long-term notes (B&FI-8th)
SENATE RULES CALENDAR Tuesday, February 14, 1995 TWENTY-SECOND LEGISLATIVE DAY
SB 289 Fair Access to Insurance Requirements Plan--provide (I&L--24th)
SB 113 Persons Under Sentence From State Court--habeas corpus filings (Substitute) (Judy--18th)
SR 127 School Health Assurance Plan--create commission to prepare (AmendmentXH&HS--10th)
SB 53 Sex Criminals--court determine sexually violent predator (SubstituteXCorr-- 6th)
SB 243 Property-duly filed mortgage is constructive notice to purchaser (S Judy--16th)
SB 276 Municipal Probation Systems--authorize officers collect certain delinquencies (SLGO-G--33rd)
SB 25 State, Local Flag Display--include POW, MIA flag (Substitute) (D&VA--31st) (Pursuant to Senate Rule 143, final passage of the bill was suspended on February 13, 1995.)
SR 88 Eddie Eagle Elementary Gun Safety Education Program--urge school systems adopt (Ed--52nd)
SB 284 Odometer Tampering--codifications of certain federal law (C Aff--55th)
SB 97 General Assembly--issuance of housing affordability impact note (AmendmentXS Judy--27th)
SB 175 Quality Basic Education Act--midterm program adjustment amount for train ing, experience (Ed--37th)
SB 32 Solid Waste Facilities--limit number in any given area (SubstituteXNat R-- 36th) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee

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SB 289. By Senators Pollard of the 24th, Tysinger of the 41st and Langford of the 29th:

A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for the Fair Access to Insurance Re quirements Plan; to provide for the establishment and operation of an under
writing association comprised of property insurers; to require membership in the plan by a property insurer as a condition of its authority to transact property insurance in this state.

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

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

Those voting in the affirmative were Senators:

Balfour Black Boshears Brown of 26th Burton Cagle Cheeks Clay Day Dean Edge Egan Farrow Gillis Glanton Gochenour

Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Newbill

Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Blitch (excused) Bowen

Broun of 46th Crotts (excused) Isakson (excused)

Middleton Ray (presiding)

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

SB 113. By Senators Perdue of the 18th, Hooks of the 14th, Ray of the 19th and Marable of the 52nd:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus proceedings involving persons under sen tence from a state court of record, so as to provide time limits within which courts must hear and rule on habeas corpus filings; to provide for related mat ters; to provide for an effective date and for applicability.

The Senate Commission on Judiciary offered the following substitute to SB 113:

A BILL
To be entitled an Act to enact the "Death Penalty Habeas Corpus Reform Act of 1995"; to state legislative findings; to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus proceedings for persons under sentence of state court of record, so as to require petitions to state claims which have previously been raised; to provide a schedule for proceedings in death penalty state habeas corpus cases,

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including time limits for requesting assistance, filing amendments and motions, and re sponses to amendments and motions; to require that a hearing be held within 180 days in death penalty state habeas corpus cases; to clarify that discovery is not allowed in state habeas corpus proceedings; to require in all habeas corpus cases that affidavits be provided ten days in advance of a hearing and that addresses and telephone numbers be included; to change certain provisions relating to review and granting of habeas corpus relief; to provide that a petition may be dismissed due to the delay in filing under certain circumstances; to provide a time limitation for the filing of a final order in death penalty state habeas corpus cases; to provide for related matters; to provide 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.
This Act shall be known and may be cited as the "Death Penalty Habeas Corpus Reform Act of 1995."
SECTION 2.
It is found and determined by the General Assembly of Georgia that:
(1) Through automatic direct appeal, sentence review procedures, and the writ of habeas corpus, state law currently provides defendants upon whom the death penalty has been imposed multiple and adequate opportunities to assert their constitutional rights, seek remedies, and raise objections to their convictions and sentences;
(2) The writ of habeas corpus in state courts should not be used by defendants upon whom the death penalty has been imposed solely as a delaying tactic under the guise of asserting rights, seeking remedies, or raising objections and challenges to their convic tions and sentences that should have been raised or asserted in the unified appeal procedure and the automatic direct appeal available under state law; and
(3) Strict compliance by the courts and all parties with fair and practical procedures for litigating writs of habeas corpus will prevent the waste of limited resources and will eliminate unnecessary delays in carrying out valid death sentences imposed in accord ance with law.
SECTION 3.
Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus proceedings for persons under sentence of state court of record, is amended by striking in its entirety Code Section 9-14-44, relating to the petition, contents, and ver ification, and inserting in lieu thereof a new Code Section 9-14-44 to read PS follows:
"9-14-44.
A petition brought under this article shall identify the proceeding in which the petitioner was convicted, give the date of rendition of the final judgment complained of, and: clearly set forth the respects in which the petitioner's rights were violated, and state with speci ficity which claims were raised at trial or on direct appeal, providing appropriate cita tions to the trial or appellate record. The petition shall have attached thereto affidavits, records, or other evidence supporting its allegations or shall state why the same are not attached. The petition shall identify any previous proceedings that the petitioner may have taken to secure relief from his or her conviction and, in the case of prior habeas corpus petitions, shall state which claims were previously raised. Argument and cita tions of authorities shall be omitted from the petition; however, a Brief may be submitted in support of the petition setting forth any applicable argument. The petition must be verified by the oath of the applicant or of some other person in his or her behalf."

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633

SECTION 4.
Said article is further amended by striking in its entirety Code Section 9-14-47, relating to the time for answer and hearing, and inserting in lieu thereof a new Code Section 9-14-47 to read as follows:
"9-14-47.
Except in cases challenging a sentence of death, within Within 20 days after the filing and docketing of a petition under this article or within such further time as the court may set, the respondent shall answer or move to dismiss the petition. The court shall set the case for a hearing on the issues within a reasonable time after the filing of defensive pleadings."
SECTION 5.
Said article is further amended by adding between Code Sections 9-14-47 and 9-14-48 a new Code Section 9-14-47.1 to read as follows:
"9-14-47.1.
(a) In cases filed under this article challenging for the first time state court proceedings resulting in a death sentence the court shall follow the procedure set forth in this Code section:
(1) Within ten days of the filing of the petition, the chief judge of the circuit in which the petition is filed shall either make a request for judicial assistance under paragraph (3) of subsection (b) of Code Section 15-1-9.1 or shall enter an order assigning the case to a judge of that circuit;
(2) Within 20 days of the filing of the petition, or within such further time as the court may set, the respondent shall answer or move to dismiss the petition;
(3) Within 120 days of the filing of the petition, the petitioner shall file any amend ments to the petition. No extensions for filing amendments shall be granted absent a showing of extraordinary circumstances. No further amendments shall be allowed ab sent leave of court which shall require a showing of extraordinary circumstances;
(4) The petitioner shall file any necessary motions at the time of filing any amend ments. The respondent shall file any necessary motions within 20 days of receipt of any amendments and petitioner's motions or within 140 days of the filing of the petition, whichever is later. Any responses to motions filed by either party shall be filed within ten days of receipt of the motion or at any hearing on the petition, whichever is earlier. Unless the motion requires evidentiary development, the court may rule on the motion without argument and any such ruling shall be made within 30 days of the filing of the motion or at any hearing, whichever is earlier; and
(5) If the court determines that an evidentiary hearing is necessary, the court shall conduct such hearing within 180 days after the date on which the petition was filed unless providentially hindered or unless either party makes a showing of good cause for delaying the hearing beyond that date.
(b) In cases filed under this article challenging for a second or subsequent time a state court proceeding resulting hi a death sentence, the petitioner shall not be entitled to invoke any of the provisions set forth in subsection (a) of this Code section to delay the proceedings. To the extent the court deems it necessary to have an evidentiary hearing on any such petition, the court shall expedite the proceedings and the time limits shall not exceed those set for initial petitions."

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SECTION 6.
Said article is further amended by striking in its entirety Code Section 9-14-48, relating to hearing, evidence, depositions, affidavits, and determination of compliance with procedural rules, and inserting in lieu thereof a new Code Section 9-14-48 to read as follows:
"9-14-48.
(a) The court may receive proof by depositions, oral testimony, sworn affidavits, or other evidence. No other forms of discovery shall be allowed except upon leave of court and a showing of exceptional circumstances.
(b) The taking of depositions or depositions upon written questions by either party shall be governed by Code Sections 9-11-26 through 9-11-32 and 9-11-37; provided, however, that the time allowed in Code Section 9-11-31 for service of cross-questions upon all other parties shall be ten days from the date the notice and written questions are served.
(c) If sworn affidavits are intended by either party to be introduced into evidence, the party intending to introduce such an affidavit shall cause it to be served upon the oppos ing party at least five ten days in advance of the date set for a hearing in the case. The affidavit so served shall include the address and telephone number of the affiant, home or business, to provide the opposing party a reasonable opportunity to contact the affiant; failure to include this information in any affidavit shall render the affidavit inadmissible. The affidavit shall also be accompanied by a notice of the party's intention to introduce it into evidence. The superior court judge considering the petition for writ of habeas corpus may resolve disputed issues of fact upon the basis of sworn affidavits standing by themselves.
(d) The court shall review the trial record and transcript of proceedings and consider whether the petitioner made timely motion or objection or otherwise complied with Georgia procedural rules at trial and on appeal and whether, in the event the petitioner had new counsel subsequent to trial, the petitioner raised any claim of ineffective assist ance of trial counsel on appeal; and absent a showing of cause for noncompliance with such requirement, and of actual prejudice, habeas corpus relief shall not be granted. In all cases habeas corpus relief shall be granted to avoid a miscarriage of justice. If the court finds in favor of the petitioner, it shall enter an appropriate order with respect to the judgment or sentence challenged in the proceeding and such supplementary orders as to rearraignment, retrial, custody, or discharge as may be necessary and proper.
(e) A petition may be dismissed if it appears that the respondent has been prejudiced in its ability to respond to the petition by delay in its filing unless the petitioner shows that it is based on grounds of which he or she could not have had knowledge by the exercise of reasonable diligence before the circumstances prejudicial to the respondent occurred."
SECTION 7.
Said article is further amended by striking in its entirety Code Section 9-14-49, relating to findings of fact and conclusions of law, and inserting in lieu thereof a new Code Section 914-49 to read as follows:
"9-14-49.
(a) After reviewing the pleadings and evidence offered at the trial of the case, the judge of tEe superior court hearing the case shall make written findings of fact and conclusions of law upon which the judgment is based. The findings of fact and conclusions of law shall be recorded as part of the record of the case.
(b) In cases filed for the purpose of challenging for the first time state court proceedings resulting in a sentence of death, the court shall enter the order required by this Code section within 90 days of the close of evidence, preparation of the hearing transcript, and filing of any allowed briefs."

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635

SECTION 8.

This Act shall become effective on July 1,1995, and shall apply to all habeas corpus actions filed on or after that 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 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour Black
Boshears Bowen Broun of 46th Brown of 26th Burton
Cagle Cheeks Clay Day Dean
Edge Egan Farrow

Gillis
Glanton Gochenour Guhl
Henson Hill
Hooks Johnson of 1st
Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver
Perdue
Pollard Ragan Ralston
Ray Slotin Starr
Stokes Tanksley Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Abernathy Griffin

Harbison James

Johnson of 2nd

Those not voting were Senators:

Blitch (excused) Crotts (excused)

Isakson (excused) Scott

Thomas Walker

On the passage of the bill, the yeas were 45, nays 5.
The bill, having received the requisite constitutional majority, was passed by substitute.

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The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 513. By Representatives Watts of the 26th, Jenkins of the 110th, Lane of the 146th, Watson of the 139th, Carter of the 166th 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 pro vide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a handgun.
Senator Henson of the 55th introduced the doctor of the day, Dr. John Kennedy, of Decatur, Georgia.
The Calendar was resumed.
SB 32. By Senators Scott of the 36th, Ray of the 19th, Gillis of the 20th, Starr of the 44th, Clay of the 37th and others:
A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," so as to provide limits upon the numbers of solid waste facilities which may be permitted within any given area of the state; to state legislative intent; to provide for the manner of determination of areas affected; to provide for appli cation to modified and expanded facilities as well as new facilities.
The Senate Committee on Natural Resources offered the following substitute to SB 32:
A BILL
To be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," so as to provide limits upon the numbers of solid waste facilities which may be permitted within any given area of the state; to state legislative intent; to provide for the manner of determination of areas affected; to provide for the meaning and applicability of terms; to provide for application to certain expanded facilities as well as new facilities; to authorize the Board of Natural Resources to provide for exemptions in certain areas under certain conditions; to provide for other related matters; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," is amended by adding after Code Section 12-8-25.3 a new Code Section 12-8-25.4 to read as follows:
"12-8-25.4.
(a) As provided for in Code Section 12-8-21, it is the policy of the State of Georgia to assure that solid waste facilities do not adversely affect the health, safety, and well-being of the public and do not degrade the quality of the environment. The General Assembly finds that an excessive concentration of solid waste facilities in any one community can adversely affect the health, safety, well-being, and environment of that community and impose an onus on the community without any reciprocal benefits to the community. The

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637

purpose of this Code section is to provide a limited degree of protection against any given community becoming an involuntary host to an excessive concentration of solid waste facilities.
(b) No permit shall he issued under Code Section 12-8-24 for any solid waste handling facility other than a material recovery facility or for any solid waste disposal facility other than a private industry solid waste disposal facility if any part of the premises proposed for permitting would lie within any geographic area which can be shown to meet the following criteria:
(1) The geographic area is in the shape of a circle with a four-mile radius, the centerpoint of which circle may be any point within the premises proposed for permit ting; and
(2) The circular geographic area already includes five or more landfills within that portion of its territory which is within this state (including the landfill proposed for permitting in the case of a proposed expansion).
(c) For the purposes of the criteria specified in subsection (b) of this Code section, the term landfill' shall include:
(1) Any active landfill permitted under authority of the state under this part or any prior general law of the state;
(2) Any inactive but not closed landfill so permitted under this part or any prior general law; and
(3) Any landfill which is or was previously so permitted under this part or any prior general law but has been closed for a period of time of less than 15 years
but for purposes of said subsection (b) the count of landfills shall not include any permitby-Rule inert waste landfill or any private industry solid waste disposal facility; and in counting landfills each existing landfill site shall be counted only once even if such land fill site has previously been expanded under a new or existing permit.
(d) Subsection (b) of this Code section shall apply with respect to: (1) the permitting of a proposed horizontal expansion requiring a new permit or a major modification of an ex isting permit; and (2) the permitting of a new site requiring a new permit.
(e) The board may by rule authorize an exemption from this Code section for one or more areas in the state if the board determines that compliance with this Code section is not reasonably practicable in such area or areas because of a high water table in such area or areas which limits the land area suitable for facility siting."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall not apply with respect to a site for which the Envi ronmental Protection Division has issued a letter of site suitability prior to the effective date of this Act.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Scott of the 36th offered the following amendment:
Amend the committee substitute to SB 32 by adding after the word "facility" on line 3 of page 2 the words "or compost facility".
By striking all matter on lines 22 through 27 of page 2 and inserting in lieu in lieu thereof the following:
"state; and
(2) Any inactive landfill so permitted under this part or any prior general law, which landfill ceased receiving waste on or after June 29, 1989, and is either in closure or

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post-closure status, provided that such a landfill which has completed post-closure care status shall no longer be included".
By adding before the period on line 34 of page 2 the following:
", provided the facilities under each new or existing permit are the same type landfill, are owned by the same person, and are contiguous or if not contiguous are separated only by the width of a public road"
By striking the word "new" on line 37 of page 2.
On the adoption of the amendment, the yeas were 39, nays 0, and the Scott amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Black Boshears Brown of 26th
Clay Day Dean Farrow Griffin Harbison Henson

Hill Hooks James Johnson of 2nd
Kemp Marable Middleton Oliver Perdue Ragan Ray

Scott Slotin Starr Stokes
Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Burton Cagle
Cheeks Edge Egan

Gillis Glanton
Gochenour Guhl Isakson

Land Langford
McGuire Pollard Ralston

Those not voting were Senators:

Balfour Blitch (excused) Bowen

Broun of 46th Crotts (excused) Johnson of 1st

Madden Newbill

On the passage of the bill, the yeas were 33, nays 15.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Dean of the 31st moved that SB 32 be immediately transmitted to the House.
On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 32 was immedi ately transmitted.

Senator Perdue of the 18th moved that the Senate do now adjourn until 9:30 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 12:29 P.M.

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639

Senate Chamber, Atlanta Georgia Wednesday, February 15, 1995 Twenty-third Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President.
Senator Marable of the 52nd 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 Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 674. By Representative Scoggins of the 24th:
A bill to amend an Act incorporating the City of Ila in the County of Madison, so as to change the terms of office of the mayor and councilmembers.
HB 698. By Representatives Bordeaux of the 151st, Thomas of the 148th, Pelote of the 149th, Dixon of the 150th and Mueller of the 152nd:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the provisions relating to the compensation of certain officials.
HB 699. By Representative Smith of the 175th:
A bill to amend an Act creating the Board of Commissioners of Camden County, so as to authorize deputy sheriffs simultaneously to hold office as members of the board of commissioners and serve as deputy sheriffs.
HB 440. By Representatives Watson of the 139th, Walker of the 141st and Ray of the 128th:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and qualifications of its members, so as to change the composition of certain House districts.
HB 593. By Representative Cummings of the 27th:
A bill to amend Code Section 47-7-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Firemen's Pension Fund, so as to change a certain definition.
HB 552. By Representatives Teague of the 58th, Powell of the 23rd, Yates of the 106th, Benefield of the 96th, Cummings of the 27th and others:
A bill to amend Code Section 40-6-294 of the Official Code of Georgia Annotated, relating to riding on roadways and bicycle paths, so as to provide for exceptions to the requirement that a bicycle shall ride as near to the right side of the road way as practicable.

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HB 567. By Representatives Floyd of the 138th, Royal of the 164th, Hudson of the 156th, Streat of the 167th and Holland of the 157th:
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 revise and change an exemption with respect to the sale or use of certain off-road equipment and related attachments; to provide for additional qualified equipment.
HB 455. By Representative Coker of the 31st:
A bill to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Peace Officer Standards and Training Act," so as to include certain employees of county probation systems within the definition of the term "peace officer".
HB 559. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Ray of the 128th and James of the 140th:
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 peach as the official state fruit.
HB 290. By Representative Poston of the 3rd:
A bill to amend Article 9 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial discovery in criminal cases, so as to provide the opportunity to the prosecuting attorney to take depositions of physicians whose testimony is relevant to the case for use at trial against a defendant charged with certain crimes against children.
HB 462. By Representatives Watson of the 139th, Walker of the 141st, Skipper of the 137th, Connell of the 115th, Culbreth of the 132nd and others:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to require the state revenue commissioner to enter into a federal agreement with respect to with holding of state income taxes on benefits paid to certain annuitants.
HB 627. By Representatives Chambless of the 163rd, Martin of the 47th, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for the transfer of an indictment or accusa tion and of certain other cases for the purpose of a plea of guilty, guilty but mentally ill, guilty but mentally retarded, or nolo contendere from a county in which the indictment, accusation, complaint, or arrest warrant is pending to another county where the defendant has been arrested, held, or is present, upon the consent of the defendant.
HB 477. By Representatives Teper of the 61st, Watson of the 139th and Ray of the 128th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the regulation of consignments of art and the rights and duties of consignors, consignees, and others; to provide for a short title.

WEDNESDAY, FEBRUARY 15, 1995

641

HB 253. By Representatives Taylor of the 134th, Hugley of the 133rd, Purcell of the 147th and Sinkfield of the 57th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and services for children, so as to remove the 75 percent limit on the amount of financial assistance which the department is authorized to provide to families adopting certain hard-to-place children to cover the cost of boarding such children.

HB 413. By Representative Mueller of the 152nd:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bailable offenses, procedure for establishing bail, and appeal bonds, so as to provide that the offenses of stalking and aggravated stalking shall be bailable only before a judge of the superior court; to provide that certain persons convicted of aggravated stalking shall not be granted an appeal bond.

HB 436. By Representatives Dobbs of the 92nd, Barfoot of the 155th and Cox of the 160th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to authorize the cre ation of a special school district for school age youth; to provide that the commis sioner of corrections shall serve as superintendent of schools for such special school district; to provide that the Board of Corrections shall serve as the board of education and shall establish education standards for such special school dis trict.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:

HR 95. By Representatives Snow of the 2nd, Smith of the 174th, Stancil of the 91st, Polak of the 67th, Streat of the 167th and others: A resolution recreating the Aged and Disabled Transportation Task Force.
HR 276. By Representative Streat of the 167th: A resolution designating the James Cecil Harper, Jr., Bridge.
HR 122. By Representatives Walker of the 141st and McBee of the 88th: A resolution re-creating the Georgia State Museum and State Library Study Commission.
HR 233. By Representative Streat of the 167th: A resolution designating the Private Lucy Matilda Gauss Bridge.

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The following bills of the Senate were introduced, read the first time and referred to committees:

SB 345. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to amend an Act creating the Magistrate Court of Rockdale County, as amended, so as to provide that county law library fees shall be charged and collected in actions and cases in the magistrate court.
Referred to Committee on State and Local Governmental Operations.
SB 346. By Senators James of the 35th, Harbison of the 15th and Griffin of the 25th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special and distinctive license plates, so as to provide that members of the reserve components of the United States armed forces shall be eligible to retain their special license plates after retirement; to define a certain term; to provide for clarification; to provide for editorial revisions.
Referred to Committee on Defense and Veterans Affairs.
SB 347. By Senator Boshears of the 6th:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, so as to clarify provisions relating to guardians' commis sions generally; to provide for appointment of guardians for beneficiaries of the United States Department of Veterans Affairs; to provide for numbers of wards per guardian; to provide for compensation of guardians and fiduciaries for bene ficiaries of the United States Department of Veterans Affairs.
Referred to Committee on Defense and Veterans Affairs.
SB 348. By Senator Ralston of the 51st:
A bill to amend Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to in whom parental power lies, how such power is lost, and recovery for homicide of a child, so as to provide for additional grounds upon which parental power may be lost; to provide for a standard for loss of parental power.
Referred to Committee on Judiciary.
SB 349. By Senator Ralston of the 51st:
A bill to create a board of commissioners of Gilmer County; to provide for the qualifications and elections of members; to provide for a chairperson; to provide for powers and duties and compensation and expenses of members; to provide additional powers for the chairperson; to provide for ordinances, rules, and regu lations; to provide for a clerk; to provide for purchases; to provide for the disposi tion of used property; to provide for an orderly transition of office.
Referred to Committee on State and Local Governmental Operations.

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643

SB 350. By Senator Walker of the 22nd:
A bill to provide that the governing authority of Richmond County shall be a board of commissioners consisting of a chairperson-mayor and ten members; to designate the board as the Augusta-Richmond County Commission-Council and the members of the board as commissioners-councilpersons; to provide that the commission-council shall exercise the rights, powers, and duties as the gov erning authority of Richmond County with both county and municipal powers.
Referred to Committee on State and Local Governmental Operations.
SB 351. By Senators Ray of the 19th and Gillis of the 20th:
A bill to amend Code Section 43-45-8 of the Official Code of Georgia Annotated, relating to general powers and duties of the State Structural Pest Control Com mission, so as to provide for appropriate examinations for applicants.
Referred to Committee on Consumer Affairs.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 253. By Representatives Taylor of the 134th, Hugley of the 133rd, Purcell of the 147th and Sinkfield of the 57th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and services for children, so as to remove the 75 percent limit on the amount of financial assistance which the department is authorized to provide to families adopting certain hard-to-place children to cover the cost of boarding such children.
Referred to Committee on Health and Human Services.
HB 290. By Representative Poston of the 3rd:
A bill to amend Article 9 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial discovery in criminal cases, so as to provide the opportunity to the prosecuting attorney to take depositions of physicians whose testimony is relevant to the case for use at trial against a defendant charged with certain crimes against children.
Referred to Committee on Judiciary.
HB 413. By Representative Mueller of the 152nd:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bailable offenses, procedure for establishing bail, and appeal bonds, so as to provide that the offenses of stalking and aggravated stalking shall be bailable only before a judge of the superior court; to provide that certain persons convicted of aggravated stalking shall not be granted an appeal bond.
Referred to Committee on Judiciary.

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HB 436. By Representatives Dobbs of the 92nd, Barfoot of the 155th and Cox of the 160th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to authorize the cre ation of a special school district for school age youth; to provide that the commis sioner of corrections shall serve as superintendent of schools for such special school district; to provide that the Board of Corrections shall serve as the board of education and shall establish education standards for such special school dis trict.
Referred to Committee on Corrections, Correctional Institutions and Property.
HB 440. By Representatives Watson of the 139th, Walker of the 141st and Ray of the 128th:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and qualifications of its members, so as to change the composition of certain House districts.
Referred to Committee on Reapportionment.
HB 455. By Representative Coker of the 31st:
A bill to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Peace Officer Standards and Training Act," so as to include certain employees of county probation systems within the definition of the term "peace officer".
Referred to Committee on Public Safety.
HB 462. By Representatives Watson of the 139th, Walker of the 141st, Skipper of the 137th and others:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to require the state revenue commissioner to enter into a federal agreement with respect to with holding of state income taxes on benefits paid to certain annuitants.
Referred to Committee on Finance and Public Utilities.
HB 477. By Representatives Teper of the 61st, Watson of the 139th and Ray of the 128th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the regulation of consignments of art and the rights and duties of consignors, consignees, and others; to provide for a short title.
Referred to Committee on Consumer Affairs.
HB 513. By Representatives Watts of the 26th, Jenkins of the 110th, Lane of the 146th 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 pro vide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a handgun.
Referred to Committee on Judiciary.

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645

HB 552. By Representatives Teague of the 58th, Powell of the 23rd, Yates of the 106th and others:
A bill to amend Code Section 40-6-294 of the Official Code of Georgia Annotated, relating to riding on roadways and bicycle paths, so as to provide for exceptions to the requirement that a bicycle shall ride as near to the right side of the road way as practicable.
Referred to Committee on Transportation.
HB 559. 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 peach as the official state fruit.
Referred to Committee on Agriculture.
HB 567. By Representatives Floyd of the 138th, Royal of the 164th, Hudson of the 156th 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 revise and change an exemption with respect to the sale or use of certain off-road equipment and related attachments; to provide for additional qualified equipment.
Referred to Committee on Finance and Public Utilities.
HB 593. By Representative Cummings of the 27th:
A bill to amend Code Section 47-7-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Firemen's Pension Fund, so as to change a certain definition.
Referred to Committee on Retirement.
HB 627. By Representatives Chambless of the 163rd, Martin of the 47th, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for the transfer of an indictment or accusa tion and of certain other cases for the purpose of a plea of guilty, guilty but mentally ill, guilty but mentally retarded, or nolo contendere from a county in which the indictment, accusation, complaint, or arrest warrant is pending to another county where the defendant has been arrested, held, or is present, upon the consent of the defendant.
Referred to Committee on Special Judiciary.
HB 674. By Representative Scoggins of the 24th:
A bill to amend an Act incorporating the City of Ila in the County of Madison, so as to change the terms of office of the mayor and councilmembers.
Referred to Committee on State and Local Governmental Operations.

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HB 698. By Representatives Bordeaux of the 151st, Thomas of the 148th, Pelote of the 149th and others:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the provisions relating to the compensation of certain officials.
Referred to Committee on State and Local Governmental Operations.
HB 699. By Representative Smith of the 175th: A bill to amend an Act creating the Board of Commissioners of Camden County, so as to authorize deputy sheriffs simultaneously to hold office as members of the board of commissioners and serve as deputy sheriffs.
Referred to Committee on State and Local Governmental Operations.
HR 95. By Representatives Snow of the 2nd, Smith of the 174th, Stancil of the 91st and others: A resolution recreating the Aged and Disabled Transportation Task Force.
Referred to Committee on Rules.
HR 122. By Representatives Walker of the 141st and McBee of the 88th: A resolution re-creating the Georgia State Museum and State Library Study Commission.
Referred to Committee on Rules.
HR 233. By Representative Streat of the 167th: A resolution designating the Private Lucy Matilda Gauss Bridge.
Referred to Committee on Transportation.
HR 276. By Representative Streat of the 167th: A resolution designating the James Cecil Harper, Jr. Bridge.
Referred to Committee on Transportation.
The following reports of standing committees were read by the Secretary:
Mr. President: The Committee on Corrections, Correctional Institutions and Property has had under
consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 285. Do pass by substitute.
Respectfully submitted, Senator Dean of the 31st District, Chairman

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647

Mr. President: The Committee on Ethics has had under consideration the following bill of the Senate
and has instructed me to report the same back to the Senate with the following recommendation:
SB 18. Do pass by substitute.
Respectfully submitted, Senator Farrow of the 54th District, Chairman

Mr. President:

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

SB 305. Do pass by substitute.

HB 228. Do pass by substitute.

Respectfully submitted, Senator Hill of the 4th District, Chairman

Mr. President: The Committee on Insurance and Labor has had under consideration the following bill
of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 281. Do pass as amended.
Respectfully submitted, Senator Pollard of the 24th District, Chairman

Mr. President:

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

SB 55. Do pass by substitute.

SB 256. Do pass.

Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President:

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

SB 7. Do pass by substitute.

SB 147. Do pass.

SB 145. Do pass.

SB 182. Do pass.

SB 146. Do pass.

SB 255. Do pass by substitute.

Respectfully submitted, Senator Oliver of the 42nd District, Chairman

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Mr. President:

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

SB 211. Do pass.

SB 279. Do pass.

Respectfully submitted, Senator Oliver of the 42nd District, Chairman

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

HB 258. Do pass.

HB 425. 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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 272. Do pass as amended.

HB 182. Do pass by substitute.

Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 107. Do pass.

SB 241. Do pass by substitute.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:
The Committee on State and Local Governmental Operations has had under consider ation the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 102. Do pass.

HB 624. Do pass.

HB 629. Do pass.

HB 639. Do pass.

HB 637. Do pass.

HB 642. Do pass.

HB 619. Do pass.

HB 645. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

WEDNESDAY, FEBRUARY 15, 1995

649

The following bills and resolutions were read the second time:

SB 9 SR 131 HB 153 HR 81

SB 128 SR 136 HB 269 HR 155

SB 293 SR 163 HB 330 HR 159

SB 323 SR 191 HB 332 HR 174

SR 64 SR 202 HB 351

SR 119 HB 34 HB 375

Senator Boshears of the 6th moved that Senator Kemp of the 3rd be excused from the Senate today, due to illness.
On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Kemp of the 3rd was excused from the Senate today.

Senator Ragan of the llth moved that Senator Turner of the 8th be excused from the Senate today, due to health reasons.
On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Turner of the 8th was excused from the Senate today.
The President called for the morning roll call, and the following Senators answered to their names:

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

Gillis Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 1st Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Starr Stokes Tanksley Taylor Thomas Tysinger Walker

Those not answering were Senators:

Abernathy Black Farrow
Glanton

Henson Johnson of 2nd Kemp (excused)
Scott

Slotin Thompson Turner (excused)

Senator Boshears of the 6th introduced Keesha Strickland, who sang the National Anthem.
The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Madden of the 47th introduced the pastor of the day, Pastor Bill Jones, pastor of The Lighthouse Church, Elberton, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 215. By Senators Gillis of the 20th, Ray of the 19th, Perdue of the 18th and Hill of the 4th:
A resolution paying tribute to Paul Edward Anderson; recognizing and expres sing appreciation to Glenda Anderson.

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Senator Gillis of the 20th introduced Glenda Anderson, widow of Paul Anderson, com mended by SR 215, who addressed the Senate briefly.
Senator Dean of the 31st introduced the Cedartown High School Football players and Coach John Hill, commended by SR 16, SR 17 and SR 95 adopted previously. Coach Hill addressed the Senate briefly.
Senator Broun of the 46th introduced Bill Shipp, commended by SR 41, adopted previ ously, who addressed the Senate briefly.
The following resolution of the Senate was read and adopted:
SR 217. By Senator Farrow of the 54th: A resolution commending the Georgia Medical Group Management Association.
Senator Farrow of the 54th introduced representatives of the Georgia Medical Group Management Association, commended by SR 217.
Senator Ralston of the 51st introduced the Ellijay Apple Marketing Association repre sentatives, commended by SR 134, adopted previously.
The following resolutions of the Senate were read and adopted:
SR 212. By Senator Ralston of the 51st: A resolution commending Andrea Claudette Krahn.
SR 213. By Senators Burton of the 5th, Ragan of the llth, Boshears of the 6th and others: A resolution expressing regrets at the passing of Mrs. Ellen Blackburn Goody.
SR 214. By Senators Broun of the 46th, Thompson of the 33rd, Taylor of the 12th and others: A resolution commending the Department of Transportation.
SR 216. By Senators Gillis of the 20th, Dean of the 31st and Marable of the 52nd: A resolution recognizing the historical significance of this 103rd anniversary of the first official celebration of Arbor Day in Georgia.
SR 218. By Senator Madden of the 47th: A resolution commending Daniel Graves.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Wednesday, February 15, 1995
TWENTY-THIRD LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

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651

HB 102 Scott, 36th Slotin, 39th Egan, 40th Day, 48th Newbill, 56th James, 35th FULTON COUNTY
Amend an Act to eliminate specific requirements with reference to racial minori ties and females.
HB 629 Guhl, 45th WALTON COUNTY
Amend an Act to create the Walton County Commission of Children and Youth.
HB 637 Turner, 8th LOWNDES COUNTY
Amend an Act to provide that the solicitor of the state court shall be fulltime and may not engage in the private practice of law.
HB 619 D. Johnson, 2nd E. Johnson, 1st CITY OF GARDEN CITY
Amend an Act to increase the limit of the authority of the recorder's court to impose terms of imprisonment and community service from 90 days to 12 months.
HB 624 Hill, 4th COBBTOWN CITY
An Act to recreate and reincorporate the City of Cobbtown.
HB 639 Gochenour, 27th LAMAR COUNTY
Amend an Act to provide that the judge of the Probate Court of Lamar County shall have jurisdiction to try all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty to such misdemeanor.
HB 642 Harbison, 15th MUSCOGEE COUNTY
Amend an Act to change the manner of selecting members of the board; to change the manner of filling vacancies.
HB 645 Middleton, 50th HABERSHAM COUNTY
Amend an Act placing the coroner of Habersham County on an annual salary, so as to change the salary of the coroner.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Gochenour Griffin Guhl
Harbison Henson Hill Isakson James Johnson of 2nd Land Langford Madden Marable McGuire Newbill

Oliver Pollard Ragan Ralston
Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Tysinger Walker

Those not voting were Senators:

Black Blitch Glanton

Hooks Johnson of 1st Kemp (excused)

Middleton Perdue Turner (excused)

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 con stitutional majority, were passed.

SENATE RULES CALENDAR
Wednesday, February 15, 1995 TWENTY-THIRD LEGISLATIVE DAY

SR 127 School Health Assurance Plan--create commission to prepare (AmendmentXH&HS--10th)
SB 53 Sex Criminals--court determine sexually violent predator (Substitute) (Corr-- 6th)
SR 243 Property--duly filed mortgage is constructive notice to purchaser (S Judy-- 16th)
SB 276 Municipal Probation Systems--authorize officers collect certain delinquencies (SLGO-G--33rd)
SB 25 State, Local Flag Display--include POW, MIA flag (Substitute) (D&VA--31st) (Pursuant to Senate Rule 143, final passage of the bill was suspended on February 13, 1995.)
SR 88 Eddie Eagle Elementary Gun Safety Education Program--urge school systems adopt (Ed--52nd)
SB 284 Odometer Tampering--codifications of certain federal law (C Aff--55th)

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653

SB 97 General Assembly--issuance of housing affordability impact note (Amendment) (S Judy--27th)
SB 175 Quality Basic Education Act--midterm program adjustment amount for train ing, experience (Ed--37th)
SB 130 Adoption--prohibit sale of child by parent, guardian (H&HS--3rd)
SB 155 Peace Officer and Prosecutor Training Fund--disbursement of funds (Pub Saf-- 37th)
SB 195 Health Plan Act for 1995--create certain standards (Substitute) (Amendments) (H&HS--10th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on February 8, 1995.)
SB 287 State Patrol--radio operator, others retain badge with 25 years service (Pub Saf--24th)
SB 249 Legal Services--false advertising (Judy--42nd)
Respectfully submitted, /s/ Scott of the 36th, Chairman
Senate Rules Committee
The following general bills were read the third time and put upon their passage:
SR 127. By Senators Thomas of the 10th, Stokes of the 43rd and James of the 35th:
A resolution creating the Commission on School Health Assurance to prepare the Georgia School Health Assurance Plan; to appraise and protect the health and safety of students and provide services which improve student's chances for later success in life by enhancing their ability to be in a class, alert, and ready to learn.
The Senate Health and Human Services Committee offered the following amendment: Amend SR 127 by striking line 36 of page 2 in its entirety and inserting in lieu thereof the following: "Georgia Hospital Association;". On the adoption of the amendment, the yeas were 41, nays 0, and the committee amendment was adopted.
Senators McGuire of the 30th, Newbill of the 56th and Gochenour of the 27th offered the following amendment:
Amend SR 127 by inserting on page 3 after line 33: Notwithstanding anything contained herein to the contrary, the commission shall not: (1) Recommend any policies or include any curricula which would result in the promo tion or teaching of any activities contrary to Georgia law, including, but not limited to sodomy or fornication (2) Recommend any policy, curricula or standard which shall include birth control, con traceptives, or family planning

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On the adoption of the amendment, Senator Newbill of the 56th called for the yeas and nays; the call was sustained and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Isakson James Johnson of 1st Land Langford Madden Marable McGuire

Middleton Newbill Perdue Pollard Ragan Ralston Ray Starr Stokes Tanksley Taylor Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Brown of 26th

Scott

Johnson of 2nd

Thomas

Those not voting were Senators:

Abernathy Hooks

Kemp (excused) Oliver

Slotin

On the adoption of the amendment, the yeas were 47, nays 4, and the McGuire, et al. amendment was adopted.

Senators Newbill of the 56th, McGuire of the 30th, Day of the 48th and Gochenour of the 27th offered the following amendment:
Amend SR 127 by striking on page 4 line 39 the word "such" and adding in lieu thereof "no more than 10" striking on page 4 the following:
"at such places and at such times" striking on page 5 line 4 the following:
"expenses and" striking on page 5 line 4 the "s" on "allowances".

On the adoption of the amendment, Senator Newbill of the 56th called for the yeas and nays; the call was sustained and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch
Boshears Bowen
Broun of 46th Burton
Cagle Cheeks Clay

Crotts Day Dean
Edge Egan
Farrow Gillis
Glanton Gochenour Griffin

Guhl Harbison Henson
Hill Isakson
James Johnson of 1st
Land Langford Madden

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655

Marable McGuire Middleton Newbill Perdue Pollard Ragan

Ralston Ray Scott Starr Stokes Tanksley

Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Johnson of the 2nd.

Those not voting were Senators:

Abernathy Brown of 26th

Hooks Kemp (excused)

Oliver Slotin

On the adoption of the amendment, the yeas were 49, nays 1, and the Newbill, et al. amendment was adopted.

Senators Newbill of the 56th, Gochenour of the 27th and Day of the 48th offered the following amendment:

Amend SR 127 by striking on page 5 beginning on line 14 the following:
All funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government."
On the adoption of the amendment, the yeas were 40, nays 0, and the Newbill, et al. 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:

Bowen Broun of 46th Brown of 26th Egan Gillis Griffin Harbison Henson

Hill James Johnson of 2nd Langford Marable Middleton Oliver Ragan

Ray Scott Slotin Stokes Taylor Thomas Walker

Those voting in the negative were Senators:

Balfour Black Blitch Boshears Burton Cagle Cheeks Clay Crotts Day

Dean Edge Farrow Glanton Gochenour Guhl Isakson Johnson of 1st Land Madden

McGuire Newbill Perdue Pollard Ralston Starr Tanksley Thompson Turner Tysinger

Those not voting were Senators:

Abernathy

Hooks

Kemp (excused)

On the adoption of the resolution, the yeas were 23, nays 30. The resolution, having failed to receive the requisite constitutional majority, was lost.

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Senator Thomas of the 10th gave notice that at the proper time, she would move that the Senate reconsider its action in defeating SR 127.
SB 53. By Senator Boshears of the 6th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to penal institutions, so as to establish a program of registration for persons who have committed certain crimes against minors or who have committed sexually violent offenses; to define cer tain terms; to provide for a court determination of a sexually violent predator.
The Senate Corrections, Correctional Institutions and Property Committee offered the following substitute to SB 53:
A BILL
To be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions applicable to penal institutions, so as to establish a program of registration for persons who have committed certain crimes against minors or who have committed sexually violent offenses; to define certain terms; to provide for a court determination of a sexually violent predator; to create the Sexual Offender Registration Review Board which will assist the court in determining which offenders are sexually vio lent predators; to provide for the terms of office, compensation, and duties of the members of such board; to provide for registration requirements upon release, parole, supervised release, or probation of certain offenders; to provide for registration with the Georgia Bu reau of Investigation; to require certain state officials to perform certain duties; to provide for the transfer of certain information to local law enforcement agencies, the Federal Bu reau of Investigation, and law enforcement agencies in other states; to require each sheriff to maintain a register of information concerning certain offenders based on information received from the Georgia Bureau of Investigation; to provide for verification of informa tion; to provide for notification of local law enforcement agencies of changes of address of certain convicted persons; to provide for registration for change of address to another state; to provide for length of registration; to provide a penalty for violations of this Act or for the provision of false information; to provide for release of information; to provide immunity to certain officials for good faith conduct; to provide for applicability with respect to another law; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provi sions applicable to penal institutions, is amended by adding at the end thereof a new Code Section 42-1-12 to read as follows:
"42-1-12.
(a) As used in this Code section, the term:
(1) 'Appropriate state official' means:
(A) With respect to an offender who is sentenced to probation without any sentence of incarceration in the state correctional system, the sentencing court;
(B) With respect to an offender who is sentenced to the jurisdiction of the Depart ment of Corrections and who is subsequently released from prison or placed on pro bation, the commissioner of corrections or his or her designee; and
(C) With respect to an offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles.

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657

(2)(A) 'Criminal offense against a victim who is a minor' means any criminal offense under Title 16 of this Code that consists of:
(i) Kidnapping of a minor, except by a parent;
(ii) False imprisonment of a minor, except by a parent;
(iii) Criminal sexual conduct toward a minor;
(iv) Solicitation of a minor to engage in sexual conduct;
(v) Use of a minor in a sexual performance;
(vi) Solicitation of a minor to practice prostitution; or
(vii) Any conduct that by its nature is a sexual offense against a minor.
(B) For purposes of this paragraph, conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is 18 years of age or younger.
(3) 'Mental abnormality' means a congenital or acquired condition of a person that af fects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the per son a menace to the health and safety of other persons.
(4) 'Predatory' means an act directed at a stranger, or a person with whom a relation ship has been established or promoted for the primary purpose of victimization.
(5) 'Sexually violent offense' means a conviction for violation of Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 166-22.1, relating to sexual battery; or Code Section 16-6-22.2, relating to aggravated sexual battery; or a conviction in a federal court or court of another state or territory for a felony offense which under the laws of this state would be classified as a violation of a Code section listed in this paragraph.
(6) 'Sexually violent predator' means a person who has been convicted of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.
(b)(l)(A) A person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense shall register a current ad dress with the Georgia Bureau of Investigation for the time period specified in para graph (1) of subsection (g) of this Code section; and
(B) A person who is a sexually violent predator shall register a current address with the Georgia Bureau of Investigation unless such requirement is terminated under paragraph (2) of subsection (g) of this Code section.
(2)(A) A determination that a person is a sexually violent predator and a determina tion that a person is no longer a sexually violent predator shall be made by the sen tencing court after receiving a report by a state board.
(B) The state board shall be composed of five professionals licensed under Title 43 of this Code and knowledgeable in the field of the behavior and treatment of sexual offenders. The members of such board, known as the 'Sexual Offender Registration Review Board,' shall be appointed for terms of four years with initial terms com mencing September 1, 1995. After the initial terms specified in this subparagraph, members of the board shall take office on the first day of September immediately following the expired term of that office and shall serve for a term of four years and until the appointment of their respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed. Members shall be entitled to an expense allowance and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 45-7-21.

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(C) An offender who has been determined to a sexually violent predator and who is required to register under this Code section may make application to the board to have such registration requirements terminated on the grounds that such person no longer suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. Such an applica tion may be made by the offender and heard by the board only after the offender has been released on probation or from confinement for a period of three years and not more than once every two years thereafter. If the board determines that such of fender should no longer be classified as a sexually violent predator, such information shall be forwarded to the Georgia Bureau of Investigation and the registration re quirements of this Code section shall no longer apply to such offender. If such a determination is not made by the board terminating the registration requirements, the offender shall be required to continue to comply with the registration require ments of this Code section.
(3)(A) If a person who is required to register under this Code section is released from prison, or placed on parole, supervised release, or probation, the appropriate state official shall:
(i) Inform the person of the duty to register and obtain the information required for such registration;
(ii) Inform the person that if the person changes residence address, the person shall give the new address to the Georgia Bureau of Investigation in writing within ten days;
(iii) Inform the person that if the person changes residence to another state, the person shall register the new address with the law enforcement agency with whom the person last registered, and the person is also required to register with a desig nated law enforcement agency in the new state not later than ten days after estab lishing residence in the new state, if the new state has a registration requirement;
(iv) Obtain fingerprints and a photograph of the person if these have not already been obtained in connection with the offense that triggers registration; and
(v) Require the person to read and sign a form stating that the duty of the person to register under this Code section has been explained.
(B) In addition to the requirements of subparagraph (A) of this paragraph, for a per son required to register under subparagraph (B) of paragraph (1) of this subsection, the appropriate state official shall obtain the name of the person, identifying factors, anticipated future residence, offense history, and documentation of any treatment received for the mental abnormality or personality disorder of the person; provided, however, that the appropriate state official shall not be required to obtain any infor mation already on the criminal justice information system of the Georgia Crime In formation Center.
(c) The appropriate state official shall, within three days after receipt of information de scribed in paragraph (3) of subsection (b) of this Code section, forward such information to the Georgia Bureau of Investigation. The Georgia Bureau of Investigation shall imme diately enter the information into the criminal justice information system of the Georgia Crime Information Center and notify the appropriate law enforcement agency having jurisdiction where the person expects to reside and the sheriff of the county where the person expects to reside. The Georgia Bureau of Investigation shall also immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation. It shall be the duty of the sheriff of each county within this state to maintain a register of the names and addresses of all offenders whose names have been provided by the Georgia Bureau of Investigation to the sheriff under this Code section.

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(d)(l) For a person required to register under subparagraph (b)(l)(A) of this Code sec tion, on each anniversary of the person's initial registration date during the period in which the person is required to register under this Code section the following applies:
(A) The Georgia Bureau of Investigation shall mail a nonforwardable verification form to the last reported address of the person;
(B) The person shall mail the verification form to Georgia Bureau of Investigation within ten days after receipt of the form;
(C) The verification form shall be signed by the person and state that the person still resides at the address last reported to the Georgia Bureau of Investigation; and
(D) If the person fails to mail the verification form to the Georgia Bureau of Investi gation within ten days after receipt of the form, the person shall be in violation of this Code section unless the person proves that he or she has not changed the resi dence address.
(2) The provisions of paragraph (1) of this subsection shall be applied to a person re quired to register under subparagraph (b)(l)(B) of this Code section, except that such person must verify the registration every 90 days after the date of the initial release on probation by the court or the initial release by the Department of Corrections or com mencement of parole.
(e) A change of address by a person required to register under this Code section reported to the Georgia Bureau of Investigation shall be immediately reported to the appropriate law enforcement agency having jurisdiction where the person is residing and to the sher iff of the county. The Georgia Bureau of Investigation shall, if the person changes resi dence to another state, notify the law enforcement agency with which the person must register in the new state, if the new state has a registration requirement.
(f) A person who has been convicted of an offense which requires registration under this Code section shall register the new address with a designated law enforcement agency in another state to which the person moves not later than ten days after such person estab lishes residence in the new state, if the new state has a registration requirement.
(g)(l) A person required to register under subparagraph (b)(l)(A) of this Code section shall continue to comply with this Code section until ten years have elapsed since the person was released from prison, placed on parole, supervised release, or probation.
(2) The requirement of a person to register under subparagraph (b)(l)(B) of this Code section shall terminate upon a determination, made in accordance with paragraph (2) of subsection (b) of this Code section, that the person no longer suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense.
(h) Any person who is required to register under this Code section and who fails to com ply with the requirements of this Code section or who provides false information shall be guilty of a misdemeanor.
(i) The information collected under the state registration program shall be treated as private data except that:
(1) Such information may be disclosed to law enforcement agencies for law enforcement purposes;
(2) Such information may be disclosed to government agencies conducting confidential background checks; and
(3) The Georgia Bureau of Investigation and any local law enforcement agency author ized by the Georgia Bureau of Investigation may release relevant information that is necessary to protect the public concerning a specific person required to register under this Code section, except that the identity of a victim of an offense that requires regis tration under this Code section shall not be released.

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(j) Law enforcement agencies, employees of law enforcement agencies, and state officials shall be immune from liability for good faith conduct under this Code section.
(k) The provisions of this Code section shall be in addition to and not in lieu of the provi sions of Code Section 42-9-44.1, relating to conditions for parole of sexual offenders."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th James

Kemp (excused) Scott

Taylor

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

SB 243. By Senators Land of the 16th, Oliver of the 42nd, Edge of the 28th and Egan of the 40th:

A bill to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to provide that a duly filed, recorded and indexed mortgage shall be deemed constructive notice to subsequent bona fide purchasers; to provide for exceptions.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour

Black Blitch

Boshears Bowen

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661

Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour

Griffin Guhl Harbison Henson Hill Hooks Isakson Johnson of 1st Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Thompson Turner Tysinger Walker

Voting in the negative was Senator Thomas.

Those not voting were Senators:

James Johnson of 2nd

Kemp (excused) Scott

Taylor

On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed.

SB 276. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend Code Section 42-8-102 of the Official Code of Georgia Annotated, relating to the creation of municipal probation systems, so as to authorize mu nicipal probation officers to collect certain delinquencies through the issuance of a writ of fieri facias and provide for enforcement of such collection through other means; to provide for the supplemental nature of such remedies.

Senators Pollard of the 24th and Thompson of the 33rd offered the following amendment:

Amend SB 276 by inserting after the word any on page 2, line 7, the word "municipal"
On the adoption of the amendment, the yeas were 37, nays 1, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts

Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill

Hooks Isakson James Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire Middleton Newbill Oliver

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Perdue Pollard Ragan Ralston Ray

Slotin Starr Stokes Tanksley

Thompson Turner Tysinger Walker

Voting in the negative was Senator Thomas.

Those not voting were Senators:

Kemp (excused)

Scott

Taylor

On the passage of the bill, the yeas were 52, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended. The President announced that the Senate would stand in recess from 12:00 P.M. until 1:30 P.M. The President called the Senate to order at 1:30 P.M.

The following general bill of the Senate, having been read the third time and final action suspended on February 13, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

SB 25. By Senators Dean of the 31st and Marable of the 52nd:

A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state flags and other flags, so as to provide that on November 11 of every year, each state and local facility which displays the offi cial state flag shall also display a flag honoring prisoners of war and missing in action; to describe such flag.

The substitute to SB 25 offered by Senator Dean of the 31st on February 13, as it appears in the Journal of February 13, was automatically reconsidered and put upon its adoption.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

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663

Those not voting were Senators:

Abernathy Cagle

Day Johnson of 2nd

Kemp (excused)

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following general bills were read the third time and put upon their passage:

SR 88. By Senators Marable of the 52nd, Dean of the 31st, Ray of the 19th and others:

A resolution encouraging school systems in Georgia to adopt the Eddie Eagle Elementary Gun Safety Education Program of the National Rifle Association with a view to preventing accidental firearm related injuries to children.

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 Black Blitch Boshears Bowen Broun of 46th Burton
Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Henson Hill
Hooks Isakson Johnson of 1st Land Langford Madden Marable McGuire

Middleton Newbill Perdue Pollard Ragan Ralston Ray
Starr Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Harbison James

Oliver Scott

Slotin Stokes

Those not voting were Senators:

Abernathy Brown of 26th

Cagle Johnson of 2nd

Kemp (excused)

On the adoption of the resolution, the yeas were 45, nays 6. The resolution, having received the requisite constitutional majority, was adopted.

SB 284. By Senators Henson of the 55th, Taylor of the 12th and Starr of the 44th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to pro vide references to current codifications of certain federal law regarding odome ters and odometer tampering.
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 Black Blitch Boshears Bowen Brown of 26th Burton Cheeks Clay Crotts Day Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st Land Langford Madden Marable McGuire

Middleton Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Broun of 46th Cagle Dean

Johnson of 2nd Kemp (excused) Newbill

Oliver Perdue Ray

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

SB 97. By Senators Gochenour of the 27th, McGuire of the 30th, Slotin of the 39th and others:
A bill to amend Chapter 5 of Title 28 of the O.C.G.A., relating to financial affairs of the General Assembly, so as to provide for issuance of a housing affordability impact note for any legislation or rule that affects the cost of constructing a residential unit of housing; to provide for contents and requirements for such housing affordability impact notes.

The Senate Committee on Special Judiciary offered the following amendment:
Amend SB 97 by striking lines 17 through 20 of page 2 and inserting in lieu thereof the following:
"days. If, in the opinion".
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 Black Blitch Boshears Burton Cheeks

Clay Crotts Day Edge Egan Farrow

Glanton Gochenour Henson Hill Isakson Johnson of 2nd

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665

Johnson of 1st Land Langford Madden

McGuire Middleton Newbill Pollard

Those voting in the negative were Senators:

Brown of 26th Dean Gillis Griffin Guhl Harbison Hooks

James Marable Ragan Ray Scott Starr

Those not voting were Senators:

Abernathy Bowen Broun of 46th

Cagle Kemp (excused) Oliver

Ralston Slotin Tanksley
Stokes Taylor Thomas Turner Tysinger Walker
Perdue Thompson

On the passage of the bill, the yeas were 29, nays 19. The bill, having received the requisite constitutional majority, was passed as amended.

SB 175. By Senators Clay of the 37th and Newbill of the 56th:
A bill to amend Code Section 20-2-162 of the Official Code of Georgia Annotated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to the program adjustment amount for training and experience.

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, 1995

The Honorable Richard Marable, Chairman Senate Education Committee State Capitol, Room 420 Atlanta, Georgia 30334

SUBJECT: Fiscal Note Senate Bill 175 (LC 9 8070)

Dear Chairman Marable:
This bill would provide that a midterm adjustment under the "Quality Basic Education Act" be made in the program adjustment amount for training and experience. The adjusted amount is to be based on all certified professional personnel who were employed by the local school system as of the month of June of the fiscal year immediately preceding the fiscal year in which grants authorized by O.C.G.A. 20-2-162 are distributed.
The fiscal impact of this bill in fiscal year 1996 is an increase in expenditures of ap proximately $35.5 million. This estimate assumes that no negative midterm adjustments will be made for local school systems experiencing a decrease in the program adjustment

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amount for training and experience. If negative midterm adjustments are anticipated, the fiscal impact of this bill in fiscal year 1996 is approximately $34.9 million.
Sincerely,
is/ Claude L. Vickers State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget

Senator Oliver of the 42nd moved that SB 175 be committed to the Senate Education Committee.
Senator Newbill of the 56th moved that the previous question be ordered.
Senator Perdue of the 18th moved that SB 175 be placed on the Table.

On the motion to Table, which takes precedence, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Blitch Bowen Broun of 46th Brown of 26th Dean Farrow Gillis Griffin Harbison Henson

Hooks Johnson of 2nd Kemp Langfbrd Marable Middleton Oliver Perdue Ragan Ralston

Ray Scott Slotin Starr Stokes Taylor Thomas Turner Walker

Those voting in the negative were Senators:

Abernathy Balfour Black Boshears Burton Cheeks Clay Day Edge

Egan Glanton Gochenour Guhl Hill Isakson James Johnson of 1st

Land Madden McGuire Newbill Pollard Tanksley Thompson Tysinger

Not voting were Senators Cagle and Crotts.

On the motion, the yeas were 29, nays 25; the motion prevailed, and SB 175 was placed on the Table.

Senator Ray of the 19th, President Pro Tempore, assumed the Chair.

SB 130. By Senators Kemp of the 3rd, Hooks of the 14th, Taylor of the 12th and others:
A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to prohibit the sale or offer for sale of a child by any parent or guardian of a child; to provide for penalties and exceptions.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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667

On 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Cagle and Ray.

Due to a malfunction in the voting machine, the roll call was taken verbally. On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 155. By Senators Clay of the 37th, Edge of the 28th, Cagle of the 49th and others:

A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that funds remitted pursuant to such Act shall be disbursed on an annual basis to the Georgia Public Safety Training Center and the Georgia Peace Officer Standards and Training Council; to establish the percentage of such disbursement.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st

Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin

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Starr Stokes
Tanksley

Thomas Thompson
Turner

Tysinger Walker

Voting in the negative was Senator Taylor.

Not voting were Senators Cagle and Ray (presiding).

On the passage of the bill, the yeas were 53, nays 1. The bill, having received the requisite constitutional majority, was passed.

The following general bill of the Senate, having been read the third time and final action suspended on February 8, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

SB 195. By Senators Thomas of the 10th, Stokes of the 43rd, Harbison of the 15th and others:
A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, so as to create standards for a Health Plan Act for 1995 relative to certain hospital based provider networks, health care provider networks, and health benefit plans; to provide for defini tions; to provide for selection criteria relating thereto.
The substitute to SB 195 offered by Senators Thomas of the 10th and Walker of the 22nd was automatically reconsidered.
The substitute was as follows:
Senators Thomas of the 10th and Walker of the 22nd offered the following substitute to SB 195:
A BILL
To be entitled an Act to amend Chapter 1 of Title 31 of the Official Code of Georgia Anno tated, relating to general provisions regarding health, so as to provide that any health care provider licensed under Titles 26 and 43 shall be eligible to apply to become a participating provider under any health care plan or network which provides coverage for health care services which are within the lawful scope of his or her practice; to prohibit certain actions by networks or health benefit plans; to provide for enforcement and legislative construc tion; to repeal conflicting laws; and other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provi sions regarding health, is amended by adding at the end thereof a new Code section to read as follows:
"31-1-9.
(a) As used in this Code section, the term:
(1) 'Class of provider' means each subsection of health care practitioner licensed and otherwise regulated under Titles 26 and 43.
(2) "Health benefit plan' or 'plan' means any public or private health entity plan, pro gram, policy, or subscriber agreement which includes or may include, the provision of health care services or payments, reimbursement, including but not limited to capita tion, or financial compensation for health care services.
(3) 'Health care provider' means each individual health care practitioner licensed or regulated under Titles 26 and 43.

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(4) 'Health care services' means services and products provided by a hospital or health care provider which services or products are authorized to be provided within the scope of the hospital's permit or health care provider's license.
(5) "Network" means any arrangement between one or more hospitals, one or more health care providers, or a combination of one or more hospitals and one or more health care providers to provide health care services.
(b) Any health care provider licensed under Titles 26 and 43 shall be eligible to apply to become a participating provider under any health care plan or network which provides coverage for health care services which are within the lawful scope of his or her practice, provided that nothing contained in this Code section shall be construed to require any health care plan or network to provide coverage for any specific health care service.
(c) A network or health benefit plan which agrees to provide health care services shall not, based upon the license of the health care provider, include any condition as a re quirement which would have the practical effect of excluding any class of provider from participation in such network or plan.
(d) Compliance with this Code section shall be enforced by the Commissioner of Insur ance if the health care plan or network is an insured plan or network. Compliance with this Code section shall be enforced by the State Health Planning Agency for all other health care plans or networks."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senators Walker of the 22nd, Clay of the 37th and Balfour of the 9th offered the follow ing amendment:
Amend the Thomas substitute to SB 195 by striking on line 4 of page 1 the following:
"Titles 26 and"
and inserting in lieu thereof the word "Title".
By striking on line 22 of page 1 the following:
"Titles 26 and"
and inserting in lieu thereof the word "Title".
By striking on lines 30 and 31 of page 1 the following:
"Titles 26 and"
and inserting in lieu thereof the following:
"Chapter 30 of Title".
By striking on line 10 of page 2 the following:
"Titles 26 and" and inserting in lieu thereof the following:
"Chapter 30 of Title".
By striking lines 18 through 23 of page 2 and inserting in lieu thereof the following:
"(c) Any other provision of this chapter to the contrary notwithstanding, no health care provider licensed under Chapter 30 of Title 43 shall be prohibited from becoming a par ticipating provider under a plan or network solely because of the absence of hospital privileges."
On the adoption of the amendment, the yeas were 43, nays 0, and the Walker, et al. amendment to the Thomas substitute was adopted.

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Senators Clay of the 37th, Edge of the 28th and Johnson of the 1st offered the following amendment:

Amend the Thomas substitute to SB 195 by striking lines 18-23 on page 2 in their entirety.
On the adoption of the amendment, the yeas were 28, nays 20, and the Clay, et al. amendment to the Thomas substitute was adopted.
Senator Walker of the 22nd moved that the Senate reconsider its action in adopting the Clay, et al. amendment.

On the motion, Senator Edge of the 28th called for the yeas and nays; the call was sustained and the vote was as follows:

Those voting in the affirmative were Senators:

Blitch
Boshears Bowen Brown of 26th Dean Gillis Griffin Harbison Henson

Hill
Hooks James Johnson of 2nd Kemp Madden Marable Middleton Perdue

Ragan
Scott Slotin Starr Stokes Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Broun of 46th Burton Clay Crotts Day Edge Egan

Glanton Gochenour Guhl Isakson Johnson of 1st Land Langford

McGuire Newbill Oliver Pollard Ralston Taylor Tysinger

Those not voting were Senators:

Abernathy Balfour Black

Cagle Cheeks Farrow

Ray (presiding) Tanksley

On the motion, the yeas were 27, nays 21; the motion prevailed, and the Senate recon sidered its action in adopting the Clay, et al. amendment.

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:

Black Blitch
Bowen Broun of 46th Burton Cheeks Clay
Crotts Day Edge

Egan Farrow
Gillis Glanton Gochenour Guhl Isakson
Johnson of 1st Land

Langford McGuire
Newbill Pollard Ralston Starr Taylor
Turner Tysinger

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671

Those voting in the negative were Senators:

Abernathy Boshears Brown of 26th Dean Griffin Harbison Henson Hill

Hooks James Johnson of 2nd Kemp Madden Marable Middleton Oliver

Perdue Ragan Scott Slotin Stokes Thomas Thompson Walker

Those not voting were Senators:

Balfour Cagle

Ray (presiding)

Tanksley

On the adoption of the amendment, the yeas were 28, nays 24, and the Clay, et al. amendment to the Thomas substitute was adopted.
On the adoption of the substitute, the yeas were 35, nays 2, and the substitute was adopted as amended.
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:

Abernathy Boshears Brown of 26th Clay Griffin Harbison Henson Hill

Hooks James Johnson of 2nd Kemp Madden Middleton Perdue

Ragan Scott Slotin Stokes Thomas Thompson Walker

Those voting in the negative were Senators:

Black Blitch Bowen Broun of 46th Burton Cheeks Crotts Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Guhl Isakson Johnson of 1st Land Langford

Marable McGuire Newbill Oliver Pollard Ralston Starr Taylor Turner Tysinger

Those not voting were Senators:

Balfour Cagle

Ray (presiding)

Tanksley

On the passage of the bill, the yeas were 22, nays 30. The bill, having failed to receive the requisite constitutional majority, was lost.

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SB 287. By Senators Pollard of the 24th and Bowen of the 13th:

A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide that under cer tain conditions, after a radio operator or driver's license examiner has accumu lated 25 years of service with the Department of Public Safety, such an officer shall be entitled to retain his or her badge upon leaving such department.

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

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

Those voting in the affirmative were Senators:

Abernathy
Black Blitch Boshears
Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean
Edge Egan
Farrow Gillis

Glanton
Gochenour Griffin Guhl
Harbison Henson Hooks Johnson of 2nd Johnson of 1st Kemp Land Langford Madden
Marable McGuire
Middleton Newbill

Oliver
Perdue Pollard Ragan
Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson
Turner Tysinger
Walker

Those not voting were Senators:

Balfour Cagle

Hill Isakson

James Ray (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 communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334
February 15, 1995

Mr. Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Mr. Secretary:
Please have the record reflect that I had to leave the Senate session today at 11:40 AM in order to attend a very important meeting at the Georgia Department of Industry, Trade and Tourism.
My attendance was required due to my chairmanship of the Senate Economic Develop ment, Tourism and Cultural Affairs Committee.

WEDNESDAY, FEBRUARY 15, 1995

673

Thank you for making this notation in the journal of today's actions. Very truly yours,
/a/ Paul C. Broun

SB 249. By Senators Oliver of the 42nd, Ralston of the 51st and Clay of the 37th:

A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide a cause of action of false advertising of legal services; to provide for treble damages, punitive dam ages, attorney's fees, and reasonable costs of investigation and litigation.

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

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

Those voting in the affirmative were Senators:

Abernathy Black Blitch Boshears Bowen Broun of 46th Burton Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger

Voting in the negative was Senator Walker.

Those not voting were Senators:

Balfour Brown of 26th Cagle

Hill Isakson

Ray (presiding) Taylor

On the passage of the bill, the yeas were 48, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Perdue of the 18th moved that the Senate do now adjourn until 9:30 A.M. tomorrow; the motion prevailed, and the President Pro Tempore, who was presiding, an nounced the Senate adjourned at 3:25 P.M.

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Senate Chamber, Atlanta, Georgia Thursday, February 16, 1995
Twenty-fourth Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Thomas of the 10th moved that the Senate reconsider its action in defeating the following resolution of the Senate:

SR 127. By Senators Thomas of the 10th, Stokes of the 43rd and James of the 35th:
A resolution creating the Commission on School Health Assurance to prepare the Georgia School Health Assurance Plan; to appraise and protect the health and safety of students and provide services which improve student's chances for later success in life by enhancing their ability to be in a class, alert, and ready to learn.

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

Those voting in the affirmative were Senators:

Blitch Boshears Bowen Broun of 46th Brown of 26th Cheeks Dean Egan Farrow Gillis Griffin

Harbison Henson Hill Isakson James Kemp Langford Marable Middleton Oliver

Perdue Pollard Ragan Ray Slotin Starr
Stokes Thomas Turner Walker

Those voting in the negative were Senators:

Black Burton Cagle Clay Crotts Day

Edge Glanton Gochenour Guhl Johnson of 1st Land

McGuire Newbill Ralston Tanksley Tysinger

Those not voting were Senators:

Abernathy Balfour Hooks

Johnson of 2nd Madden Scott

Taylor Thompson

On the motion, the yeas were 31, nays 17; the motion prevailed, and the Senate recon sidered its action in defeating SR 127.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.

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675

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 follow ing bills of the Senate:
SB 258. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, as amended, so as to change certain provisions relative to the compensation of the deputy tax com missioner.
SB 259. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the compensa tion of the deputy clerk of the superior court; to provide for the application of civil service benefits.
SB 260. 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 deputy clerk of said court; to provide for the application of civil service benefits.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 297. By Representative Campbell of the 42nd:
A bill to amend Code Section 34-1-4 of the Official Code of Georgia Annotated, relating to employer immunity for disclosure of information regarding job per formance, so as to include banks and employees of banks within the provisions of said Code section.
HB 120. By Representatives Smith of the 174th and Tillman of the 173rd:
A bill to amend Code Section 12-3-243 of the Official Code of Georgia Annotated, relating to subdivision, improvement, lease, or sale of Jekyll Island by the Jekyll Island--State Park Authority, so as to restrict certain activities on, over, or within 65 percent of the land area of Jekyll Island which lies above water at mean high tide.
HB 283. By Representatives Snow of the 2nd, Bailey of the 93rd, Perry of the llth and Carter of the 166th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to prohibit certain price in creases for certain goods when there is a declared state of emergency.
HB 124. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th, Holland of the 157th and Greene of the 158th:
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.

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HB 340. By Representative Barnes of the 33rd:
A bill to amend Title 16 of the Official Code of Georgia Annotated, known as the "Criminal Code of Georgia," so as to provide for the forfeiture of motor vehicles used in the commission or to facilitate the commission of a burglary or armed robbery; to provide procedures; to provide for notice to certain persons having an interest in the property subject to forfeiture.
HB 170. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to enact a "Crime Victims' Bill of Rights".
HB 255. By Representative Parham of the 122nd:
A bill to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of a license of a habitually negligent or dan gerous driver, so as to conform the fee provided for in this provision for rein statement of a license suspended for an accumulation of points to the fee other wise provided for such reinstatements.
HB 185. By Representatives Powell of the 23rd and Parham of the 122nd:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to change certain procedures regard ing the reporting of an abandoned motor vehicle.
HB 273. By Representative Childers of the 13th:
A bill to amend Code Section 43-10A-17 of the Official Code of Georgia Annotat ed, relating to enforcement of licensing law provisions by the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, so as to provide for mental and physical examinations of licensees in aid of enforcement proceedings under certain circumstances.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 260. By Representatives Barnes of the 33rd, Grindley of the 35th, Parsons of the 40th, Wiles of the 34th, Klein of the 39th and others:
A resolution creating the Joint Study Committee on Pilot Projects in the Cobb Judicial Circuit.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 352. By Senator Walker of the 22nd:
A bill to amend an Act providing a charter for the City of Augusta, as amended, so as to change the corporate limits of the city; to provide for a submission.
Referred to Committee on State and Local Governmental Operations.

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677

SB 353. By Senators Harbison of the 15th and Land of the 16th:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, pris on guards, and publicly employed emergency medical technicians, so as to change the definition of the term "law enforcement officer"; to provide that cer tain members of the Georgia National Guard carrying out law enforcement du ties shall be eligible for indemnification with respect to death or disability occur ring in the line of duty.
Referred to Committee on Defense and Veterans Affairs.
SB 354. By Senator Harbison of the 15th:
A bill to amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions applicable to the state militia, so as to provide that certain reemployment rights, privileges, and benefits granted to persons in the military service shall be extended to and be applicable to any person who is a member of the Georgia National Guard and who is called into active state service.
Referred to Committee on Defense and Veterans Affairs.
SB 355. By Senators Edge of the 28th, Johnson of the 1st, Day of the 48th and Cagle of the 49th:
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 repeal provisions therein which were enacted in compliance with the National Voter Registration Act of 1993; to repeal certain powers, duties, and authority of the Secretary of State and the State Election Board; to repeal certain provisions for training of certain local election officials.
Referred to Committee on State and Local Governmental Operations - General.
SB 356. By Senators Henson of the 55th, Thomas of the 10th and Black of the 53rd:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, so as to change the grievance system for classified employees; to provide for definitions; to provide for a uni form four-step grievance procedure to be implemented by rules and regulations of the State Personnel Board; to provide for court ordered compliance; to provide for notice to employees, reports, appeals, group grievances, employee advocates, and granting of relief for failure to provide a timely decision or response; to pro vide a misdemeanor offense for retaliation or harassment.
Referred to Committee on State and Local Governmental Operations - General.
SB 357. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, as amended, so as to change the compensation of said of ficer.
Referred to Committee on State and Local Governmental Operations.
SB 358. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act creating the board of commissioners of Clayton County, as amended, so as to change the compensation of the members of said board.
Referred to Committee on State and Local Governmental Operations.

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SB 359. By Senator Madden of the 47th:
A bill to amend Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Cemetery Act of 1983," so as to confer the power of warrantless arrest on investigators in certain specified instances; to provide for the issuance of summons at an investigator's discretion in connection with warrantless arrests in certain specified instances; to require owners of a cemetery to adopt rules concerning the maintenance of a cemetery and mer chandise within it.
Referred to Committee on Special Judiciary.
SB 360. By Senator Madden of the 47th:
A bill to amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale of petroleum products, so as to require the owner or operator of a retail motor fuel outlet which does not provide rest room facilities to its customers to have certain signs displayed indicating that rest room facilities are not available; to define a certain term; to provide a penal ty.
Referred to Committee on Consumer Affairs.
SB 361. By Senator Madden of the 47th:
Abill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions which are un lawful, so as to provide that the written solicitation for inclusion in the listing of a local telephone classified advertising directory shall be an unfair or deceptive practice and declared unlawful unless the form of such solicitation meets certain requirements and has certain text printed on the form.
Referred to Committee on Consumer Affairs.
SB 362. By Senator James of the 35th:
A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions relating to postsecondary education, so as to change the definition of the term "approved school"; to provide for contingent effectiveness.
Referred to Committee on Higher Education.
SB 363. By Senators Hill of the 4th, Tysinger of the 41st and Turner of the 8th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to revise the legisla tive findings and statement of purpose of the Georgia Higher Education Assist ance Corporation and the Georgia Student Finance Authority; to change the def initions of certain terms; to authorize the Georgia Higher Education Assistance Corporation to contract for the servicing of educational loans and for the admin istration of any portion of the Georgia Higher Education Loan Program.
Referred to Committee on Higher Education.

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679

SB 364. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to create the Board of Elections and Registration of Rockdale County; to provide for the powers and duties of the board; to provide for the appointment, election, qualifications, terms, oaths, resignation, and removal of initial and subsequent members; to provide for filling vacancies; to provide for an adminis trative officer, clerical assistants, and other employees.
Referred to Committee on State and Local Governmental Operations.
SB 365. By Senator Abernathy of the 38th:
A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions applicable to the parent and child rela tionship generally, so as to change the provisions relating to visitation rights of grandparents; to provide for the appointment of a guardian ad litem and for the duties of such guardian ad litem under certain circumstances; to provide for the appointment of a mediator and the duties of such a mediator under certain cir cumstances.
Referred to Committee on Judiciary.
SB 366. By Senator Walker of the 22nd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to create the Council for Civic Renewal; to provide a short title; to provide for legislative findings and expressions of intent; to pro vide for functions and duties of the council; to provide for administration and staffing of the council; to provide for financing of the council.
Referred to Committee on Health and Human Services.
SB 367. By Senator Walker of the 22nd:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change the provisions relating to the terms and qualifications of members of the Georgia Board of Chiropractic Examiners; to change the provisions relating to meetings of said board; to change the provi sions relating to qualifications for examinations; to provide for temporary licenses; to provide for legislative construction and exceptions.
Referred to Committee on Health and Human Services.
SB 368. By Senator Madden of the 47th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotat ed, known as the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to exempt certain persons who engage in the practice of professional counseling from the licensing and other require ments of said chapter; to repeal a certain definition.
Referred to Committee on Health and Human Services.

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The following bills and resolution of the House were read the first time and referred to committees:
HB 120. By Representatives Smith of the 174th and Tillman of the 173rd:
A bill to amend Code Section 12-3-243 of the Official Code of Georgia Annotated, relating to subdivision, improvement, lease, or sale of Jekyll Island by the Jekyll Island--State Park Authority, so as to restrict certain activities on, over, or within 65 percent of the land area of Jekyll Island which lies above water at mean high tide.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 124. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the peanut as the official state crop.
Referred to Committee on Agriculture.
HB 170. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to enact a "Crime Victims' Bill of Rights".
Referred to Committee on Special Judiciary.
HB 185. By Representatives Powell of the 23rd and Parham of the 122nd:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to change certain procedures regard ing the reporting of an abandoned motor vehicle.
Referred to Committee on Transportation.
HB 255. By Representative Parham of the 122nd:
A bill to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of a license of a habitually negligent or dan gerous driver, so as to conform the fee provided for in this provision for rein statement of a license suspended for an accumulation of points to the fee other wise provided for such reinstatements.
Referred to Committee on Public Safety.
HB 273. By Representative Childers of the 13th:
A bill to amend Code Section 43-10A-17 of the Official Code of Georgia Annotat ed, relating to enforcement of licensing law provisions by the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, so as to provide for mental and physical examinations of licensees in aid of enforcement proceedings under certain circumstances.
Referred to Committee on Health and Human Services.

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681

HB 283. By Representatives Snow of the 2nd, Bailey of the 93rd, Perry of the llth and Carter of the 166th:
A bill to amend Chapter 1 of Title 10 of the official Code of Georgia Annotated, relating to selling and other trade practices, so as to prohibit certain price in creases for certain goods when there is a declared state of emergency.
Referred to Committee on Consumer Affairs.

HB 297. By Representative Campbell of the 42nd:
A bill to amend Code Section 34-1-4 of the Official Code of Georgia Annotated, relating to employer immunity for disclosure of information regarding job per formance, so as to include banks and employees of banks within the provisions of said Code section.
Referred to Committee on Banking and Financial Institutions.

HB 340. By Representative Barnes of the 33rd:
A bill to amend Title 16 of the Official Code of Georgia Annotated, known as the "Criminal Code of Georgia," so as to provide for the forfeiture of motor vehicles used in the commission or to facilitate the commission of a burglary or armed robbery; to provide procedures; to provide for notice to certain persons having an interest in the property subject to forfeiture.
Referred to Committee on Special Judiciary.

HR 260. By Representatives Barnes of the 33rd, Grindley of the 35th, Parsons of the 40th and others:

A resolution creating the Joint Study Committee on Pilot Projects in the Cobb Judicial Circuit.

Referred to Committee on Rules.

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

Mr. President:

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

HB 559. Do pass.

HB 594. Do pass.

Respectfully submitted, Senator Ragan of the llth District, Chairman

Mr. President: The Committee on Consumer Affairs has had under consideration the following bill of
the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 321. Do pass as amended.
Respectfully submitted, Senator Henson of the 55th District, Chairman

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Mr. President:
The Committee on Finance and Public Utilities has had under consideration the fol lowing 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 338. Do pass.

HB 441. Do pass.

HB 50. Do pass.

HB 510. Do pass.

HB 161. Do pass.

HR 234. Do pass.

HB 398. Do pass.

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

Mr. President:

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

SB 326. Do pass by substitute.

HB 405. Do pass.

HB 382. Do pass.

HB 431. Do pass.

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

Mr. President:

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

HB 139. Do pass.

HB 484. Do pass.

HB 327. Do pass.

HB 592. Do pass.

HB 483. Do pass.

Respectfully submitted, Senator Cheeks of the 23rd District, Chairman

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

SB 280. Do pass by substitute.

SR 67. Do pass.

SR 44. Do pass.

SR 85. Do pass.

SR 123. Do pass.

HR 94. Do pass.

SR 132. Do pass.

HR 189. Do pass as amended.

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

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683

The following bills were read the second time:

SB 7 SB 147 SB 272 HB 258

SB 18 SB 182 SB 279 HB 281

SB 55 SB 211 SB 285 HB 425

SB 107 SB 241 SB 305

SB 145 SB 255 HB 182

SB 146 SB 256 HB 228

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

Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy Balfour

Cheeks Hooks

Oliver

Senator Dean of the 31st introduced Tony Hayes, who sang "Amazing Grace."
Senator Clay of the 37th introduced the chaplain of the day, Reverend Kenneth Mar cus, pastor of Turner Chapel AME Church, Marietta, Georgia, who offered scripture read ing and prayer.
Senator Kemp of the 3rd introduced Joe Colon, Jr., Goal Student, commended by SR 104, adopted previously, who addressed the Senate briefly.
Senator Gochenour of the 27th introduced the doctor of the day, Dr. Minor Vernon, Macon, Georgia.
The following resolutions of the Senate were read and adopted:

SR 220. By Senator Broun of the 46th: A resolution commending Chateau Elan.

SR 221. By Senator Edge of the 28th: A resolution commending Brian Douglas Fisher, Eagle Scout.

SR 222. By Senator Edge of the 28th:
A resolution congratulating The Heritage School on the occasion of its 25th an niversary.

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SR 223. By Senators Oliver of the 42nd, Egan of the 40th, Broun of the 46th and others: A resolution commending the State Public Affairs Committee of the Junior Leagues of Georgia.
SR 224. By Senators Land of the 16th and Langford of the 29th: A resolution expressing condolences regarding the passing of Virginia Hand Callaway.
NOTICE OF MOTION TO RECONSIDER:
SR 127 School Health Assurance Plan--create commission to prepare (Amendments) (H&HS--10th) SENATE RULES CALENDAR Thursday, February 16, 1995 TWENTY-FOURTH LEGISLATIVE DAY
SB 148 Write-in Candidates--advertisements in newspapers (Substitute) (Ethics-- 25th)
SB 293 Information Technology Policy Act of 1995--enact (Substitute) (ST&I--42nd)
SB 271 Optometrist Regulation--permissible pharmaceutical agents (H&HS--llth)
SB 323 Workers' Compensation--corporate exemption, subrogation, fraud (I&L--28th)
SB 179 Nonperpetual Care Cemetery--certain property (Substitute) (C Aff--54th)
SR 202 Senate Study Committee on Local Education Finance Review--create (Rules-- 50th)
SB 230 Probation Detention Centers--confinement program certain probationers (Amendment) (Corr--31st)
SR 163 Joint Study Committee on Georgia Agricultural Education--create (Rules-- llth)
SB 9 Public Schools--comprehensive evaluations (Amendment) (Ed--56th)
SR 191 Senate Water Quality, Water Supply Alternative Financing Study Committee-- create (Rules--50th)
SB 128 General Assembly--jointly sponsored bills, resolutions (Rules--41st)
SB 64 Grants for Educational Programs After School--at-risk youth (Substitute) (Ed--50th)
SB 157 Family Violence--domestic violence intervention program (Substitute) (Judy-- 37th)
SB 283 Civil Practice--nonstenographic depositions (Judy--54th)
SB 160 Person Mentally Incompetent to Stand Trial--handling procedure (Substitute) (S Judy--37th)
SR 119 Liberty County--conveyance of certain state property (F&PU--3rd)

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685

SR 139 State-Wide Trauma Response System Plan--create (H&HS--10th)
SR 102 Richmond County--leasing of certain property owned by Building Authority (SLGO-G--23rd)
Respectfully submitted,
/s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:
SB 148. By Senators Griffin of the 25th, Scott of the 36th, Johnson of the 2nd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the date for notice of a write-in candidacy for state, county, and municipal elections; to provide for advertisement of write-in candi dacy in a state election in each newspaper of general circulation in the geo graphic area encompassing electors qualified to vote for the office the candidate is seeking.
The Senate Ethics Committee offered the following substitue to SB 148:
A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the date for notice of a write-in candidacy for state and county elections; to change the requirements relating to advertisement of a write-in candidacy; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in their entirety subsections (a) and (b) of Code Section 21-2-133, relating to notice of intent of write-in candidacy, and inserting in lieu thereof new subsections to read as follows:
"(a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was given 20 ui uioie days no later than the Tuesday after the first Monday in September immediately prior to the election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows:
(1) In the case of officers elected state wide or by congressional district in a state general or special election, to the Secretary of State and by publication in a paper of general circulation in the state; or
(2) In the case of state officers, elected other than state wide or by congressional dis trict, in a state general or special election, to the Secretary of State and by publication m the legal organ of each county in the geographic area represented by the office for which such write-in candidate is ottering for election;~or (2X3) In a general or special election of county officers, to the superintendent of elec tions in the county in which he or she is to be a candidate and by publication in the official organ of the same county"
(b) In addition to the requirements contained in subsection (a) of this Code section, the person or persons giving notice of intention of candidacy for a write-in candidate shall also file, with the appropriate official specified in paragraph (1), or (2), or (3) of subsection (a) of this Code section, a copy of the notice or notices as published with an affidavit or affidavits stating that the notice or notices have haTTjeen published and including tfie

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name of the newspaper or newspapers and the date or dates of publication, not later than the fifth day after the deadline for filing and publishing such notice or notices. The affida vit may be made by the person giving notice of intention of candidacy or by the publisher of the newspaper in which the notice was published or by an employee of the newspaper designated by the publisher."

SECTION 2.

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

Senator Griffin of the 25th offered the following amendment:

Amend the SB 148 committee substitute by striking in its entirety line 3 of page 1 and inserting in lieu thereof the following:
"of a write-in candidacy for general elections for state and county officers; to".
By striking in its entirety line 16 of page 1 and inserting in lieu thereof the following:
"intention of candidacy was given 20 or more days before a special election or, in the case of a general election, no later".
On the adoption of the amendment, the yeas were 37, nays 0, and the Griffin amend ment to the committee substitute was adopted.

Senators Clay of the 37th and Edge of the 28th offered the following amendment:

Amend the committee substitute to SB 148 by placing back on page 1, line 16, the words "20 or more days" and striking the words on line 16 beginning with "no later" and extending through the word "immediately" on line 18.

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 Black Cagle Clay
Crotts

Day Edge Gochenour Guhl
Johnson of 1st

Land McGuire Newbill Tysinger

Those voting in the negative were Senators:

Abernathy Boshears
Bowen Broun of 46th
Brown of 26th Burton Cheeks Egan Farrow Gillis Glanton Griffin
Harbison

Henson Hill
Hooks Isakson
James Johnson of 2nd Kemp Langford Madden Marable Middleton Oliver

Perdue Pollard
Ragan Ralston
Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner

Those not voting were Senators:

Blitch Dean

Ray Taylor

Walker

On the adoption of the amendment, the yeas were 14, nays 37, and the Clay and Edge amendment to the committee substitute was lost.

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687

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Day Dean Egan Farrow Gillis

Glanton Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Kemp Langford Madden Marable

Middleton Oliver Perdue Pollard Ralston Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Balfour Cagle Clay Crotts

Edge Gochenour Johnson of 1st Land

McGuire Newbill Tysinger

Those not voting were Senators:

Ragan

Ray

Taylor

On the passage of the bill, the yeas were 42, nays 11.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 293. By Senators Oliver of the 42nd, Perdue of the 18th and Tysinger of the 41st:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "Information Technology Policy Act of 1995"; to provide for legislative intent; to provide for definitions; to create the Georgia Information Technology Policy Council; to provide for its powers, duties, and authority; to provide for members and vacancies; to provide for meetings and procedures; to provide for reimbursement.

The Senate Committee on Science, Technology and Industry offered the following sub stitute to SB 293:
A BILL
To be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "Information Technology Policy Act of 1995"; to provide for legislative findings and intent; to provide for definitions; to create the Georgia Information Technology Policy Council; to provide for its powers, duties, and authority; to provide for members and vacancies; to provide for meetings and procedures; to provide for reimbursement; to create the position of chief information officer; to provide for such of ficer's powers, duties, and authority; to provide for a state strategic plan for information technology deployment and development; to provide for information technology budget and

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continuation budget requests; to provide for reports and recommendations; to provide for powers, duties, and authority of the Attorney General with respect to the foregoing; to pro vide for duties and responsibilities of state agencies, officers, and other governmental enti ties 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.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter at the end thereof, to be designated Chapter 29, to read as follows:
"CHAPTER 29
50-29-1.
This chapter shall be known and may be cited as the 'Information Technology Policy Act of 1995.' 50-29-2.
(a) The General Assembly finds and declares that information technology is a critically important resource to successful, competitive business organizations and to service ori ented government agencies in Georgia.
(b) It is the intent of the General assembly that state government become more service oriented to the general public and to organizations within the private sector. It is the further intention of the General Assembly that state government should expand its use of technology and identify ways in which technology can improve the delivery of services to the public. Such improvements are to include, but are not to be limited to:
(1) The elimination of paper records, insofar as possible, in order to increase govern ment efficiency;
(2) The provision of a simplified and more efficient manner for filing paper or electronic documents in order to make such requirements less burdensome for citizens;
(3) The ability for all citizens to have easy electronic access to public data, within nec essary security restrictions;
(4) The ability to submit payments and receive refunds electronically in order to facili tate such activities for citizens;
(5) The ability for all state agencies to have access to and exchange state information freely and easily, within necessary security restrictions, in order to reduce redundancy and to increase agency efficiency;
(6) The ability to be flexible and adaptable in order to avoid obsolescence and provide maximum benefits to all citizens; and
(7) Other improvements as appropriate.
(c) It is the further intent of the General Assembly that:
(1) State government provide the leadership needed to maximize the application of information technology as a means for promoting economic development across the state and thereby improve the quality of life for all Georgians;
(2) State agencies should maximize efficiency and resources and avoid duplication in the implementation of information technology. To achieve this efficiency, there should be coordination of efforts, when similar client populations are affected, in the develop ment or installation, or both, of information technology based services. The coordina tion of such activities should occur among divisions of an agency, among agencies, and across jurisdictions as appropriate; and
(3) The Georgia Information Technology Policy Council shall develop and implement plans, policies, and standards to effectuate the legislative intent described in this Code

THURSDAY, FEBRUARY 16, 1995

689

section. The general approach of such council in carrying out its mission shall be to develop a strategic plan addressing these state level needs and purposes. Any further policies, standards, and other actions necessary to achieve the objectives in the ap proved plan shall be implemented by such council. 50-29-3.
As used in this chapter, the term:
(1) 'Agency' means state agencies, authorities, boards, and commissions.
(2) 'Chairperson' means the chairperson of the Georgia Information Technology Policy Council.
(3) 'Chief information officer' means the chief information officer of the Georgia Infor mation Technology Policy Council.
(4) 'Council' means the Georgia Information Technology Policy Council.
(5) 'Local government' means any county, city, or consolidated government in this state.
(6) 'Private sector' means any nongovernment, privately owned entity in this state.
50-29-4.
(a)(l) The Georgia Information Technology Policy Council is created.
(2) The council shall be composed of 15 members. Six of the members shall represent state agencies, two shall represent local governments, and seven shall represent the private sector.
(3) The six members representing state agencies shall be as follows:
(A) The commissioner of administrative services, or such commissioner's designee;
(B) The director of the Office of Planning and Budget, or such director's designee;
(C) The chancellor of the University System of Georgia, or such chancellor's designee;
(D) The State School Superintendent, or such superintendent's designee;
(E) The executive director of the Georgia Public Telecommunications Commission, or such executive director's designee; and
(F) The state auditor, or such auditor's designee.
(4) The two members representing local governments shall be appointed by the Governor. The Governor shall designate the initial terms of the members of the council from local governments as follows: one member shall be appointed for a term of two years, expiring June 30, 1997; and one member shall be appointed for a term of three years, expiring June 30, 1998. Thereafter, all successors shall be appointed for a term of three years and until such person's successor is appointed and qualified.
(5) The seven members representing the private sector shall be appointed by the Governor. The Governor shall designate the initial terms of the members of the coun cil from the private sector as follows: two members shall be appointed for a term of one year, expiring June 30, 1996; two members shall be appointed for a term of two years, expiring June 30, 1997; and three members shall be appointed for a term of three years, expiring June 30, 1998. Thereafter, all successors shall be appointed for a term of three years and until such person's successor is appointed and qualified.
(b) Vacancies on the council shall be filled as follows:
(1) For appointees representing state agencies, any vacancy shall be filled by the suc cessor to the position which becomes vacant;
(2) For appointees representing local governments, vacancies shall be filled by appoint ment by the Governor in the same, manner as the appointment to the position on the council which becomes vacant. An appointment to fill a vacancy, other than by expira tion of a term of office, shall be for the balance of the unexpired term;

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(3) For appointees representing the private sector, vacancies shall be filled by appoint ment by the Governor in the same manner as the appointment to the position on the council which becomes vacant. An appointment to fill a vacancy, other than by expira tion of a term of office, shall be for the balance of the unexpired term.
(c) The Governor shall appoint a chairperson from the private sector membership of the council, and said appointee shall be the presiding officer of the council.
(d) The council may elect a vice chairperson and a secretary and any other officers deemed appropriate.
50-29-5.
(a) Meetings of the council shall be held at the call of the chairperson or upon the request of a majority of the councilmembers. Meetings may be held in person, by telephone, or by any other electronic means at the option of the council.
(b) Eight members of the council shall constitute a quorum; and the affirmative votes of a majority of the members present at a meeting shall be required for any action to be taken by the council.
(c) Each member of the council who is not otherwise a state officer or employee is author ized to receive an expense allowance and reimbursement from funds of the council in the same manner as provided for in Code Section 45-7-21. Each member of the council who is otherwise a state officer or employee shall 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 council. Except as specifically provided in this subsection, members of the council shall receive no compensation for their services.
50-29-6.
The council shall have the following powers and duties:
(1) Provide strategic planning and direction for information technology deployment and development;
(2) Set information technology policy for the executive branch of state government in cluding all state agencies, the board of regents, and all authorities;
(3) Formulate and promulgate standards which promote an open architecture of com puter systems and technology systems and facilitate the communication of information and data among public sector agencies and jurisdictions, private sector organizations, and the general public. Such standards shall be compatible with national and interna tional computer and technology standards;
(4) Establish private and public sector advisory committees to explore opportunities of shared infrastructure and data and for other purposes. Such committees shall include a standing state agency advisory committee composed of representatives from agencies in all branches of state government;
(5) Coordinate with the legislative and judicial branches of state government;
(6) Coordinate with local and federal governments;
(7) Identify alternative funding approaches;
(8) Review the issue of ownership versus custodianship of information within state government and recommend legislation as needed to address this issue;
(9) Make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the council or to further the public purpose of the council; provided, however, all such contracts shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title;
(10) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of personal property of every kind and character or any interest therein, in furtherance of the pub lic purpose of the council; provided, however, all such acquisitions, purchases, leases,

THURSDAY, FEBRUARY 16, 1995

691

or disposal of personal property shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title;
(11) Apply for and accept any gifts or grants or loan guarantee or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in the chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;
(12) Contract with private sector organizations for goods and services; provided, how ever, all such contracts shall be made in accordance with and pursuant to the provi sions of Chapter 5 of this title;
(13) Contract with state agencies or any local government for the use by the council of any property, facilities, or services of the state or any such state agency or local govern ment or for the use by any state agency or local government of any facilities or services of the council; and such state agencies and local governments are authorized to enter into such contracts; provided, however, all such contracts shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title;
(14) Coordinate with other state agencies and authorities to establish policies concern ing access to information and to establish fees and charges for data, media, and inci dental services; and
(15) Do all things necessary or convenient to carry out the powers conferred by this chapter.
50-29-7.
(a) There is created the position of chief information officer who shall be both appointed and removed by the council. The council shall set the salary for the chief information officer.
(b) Subject to the general policy established by the council, the chief information officer shall have the following powers and duties:
(1) To supervise, direct, account for, organize, plan, administer, and execute the func tions required of the chief information officer by the council;
(2) To employ such other professional, technical, and clerical personnel as the chief information officer may deem necessary to carry out the duties prescribed as funds are made specifically available by the council.
(c) All employees of the chief information officer shall be in the unclassified service of the state merit system.
(d) The chief information officer shall work cooperatively and collaboratively with other state agencies to minimize such chief information officer's permanent staffing needs.
50-29-8.
The council shall be attached for administrative purposes only to the Office of Planning and Budget.
50-29-9.
(a) By September 1, 1995, in cooperation and coordination with state agencies, authori ties, the Board of Regents of the University System of Georgia, the state judiciary, and the General Assembly, the council shall develop a state strategic plan for information technology deployment and development. This plan shall be updated annually and shall cover a five-year period. The state strategic plan shall contain a description of the future direction for information technology; a statement of the mission of state government in regards to information technology; a description of the current and anticipated future needs being addressed by such future direction and mission; a description of planned actions designed to address these needs, including an implementation timetable; a de scription of the evaluation system to be used to determine if the needs are being attained;

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an estimated annual cost for each planned action; and any other item the council deems necessary.
(b) By September 1,1995, and each September 1 thereafter, each state agency, authority, the Board of Regents of the University System, the General Assembly, and the state judiciary shall submit to the council, concurrent with the submission of their official budget requests to the Office of Planning and Budget, the Legislative Budget Office, and the chairperson and vice chairperson of the Budgetary Responsibility Oversight Commit tee a copy of those elements of their continuation and improvement budget requests that detail their information technology needs. The information technology continuation budget component shall contain a detailed analysis of the current information technology systems and the costs associated with such systems. The information technology im provement component shall contain a detailed analysis of each improvement item, in cluding information regarding how this request corresponds to the agency strategic plan and the state information technology strategic plan.
(c) By November 1, 1995, and each November 1 thereafter, the council shall issue a re port to the Office of Planning and Budget, the Legislative Budget Office, and the chairperson and vice chairperson of the Budgetary Responsibility Oversight Committee. This report shall include specific recommendations concerning each agency information technology budget request as to whether funding would be appropriate in regard to the state strategic plan and whether such request coordinates with and complements other agency budget requests.
50-29-10.
The Attorney General shall provide legal services for the council in the same manner provided for in Code Sections 45-15-13 through 45-15-16.
50-29-11.
All state agencies, authorities, commissions, and boards are authorized and directed to provide assistance to the council, as requested, in the performance of the duties of the council."

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 30, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle Cheeks
Clay

Crotts Day Dean Edge Egan
Farrow Gillis Glanton Gochenour Griffin
Guhl

Harbison Henson Hill Hooks Isakson
Johnson of 1st Kemp Land Langford Madden
Marable

THURSDAY, FEBRUARY 16, 1995

693

McGuire Middleton Newbill Oliver Perdue Pollard

Ralston Ray Scott Slotin Starr Stokes

Tanksley Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch James

Johnson of 2nd Ragan

Taylor

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

The following resolution of the Senate was read and adopted:

SR 219. By Senators Perdue of the 18th, Ray of the 19th and Marable of the 52nd:
A resolution recognizing the American Association of Retired Persons and de claring AARP Day at the Capitol.
Senator Perdue of the 18th acknowledged a group from AARP in the Senate gallery. The Calendar was resumed.

SB 271. By Senator Ragan of the llth:
A bill to amend Code Section 43-30-1 of the Official Code of Georgia Annotated, relating to the definition of terms applicable to optometrist regulation, so as to provide for an expanded definition of permissible pharmaceutical agents.

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

On 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 Black Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle Cheeks
Clay Crotts Day Dean Edge Egan Farrow
Gillis

Glanton Gochenour Griffin
Guhl Harbison
Henson Hill
Hooks Isakson James
Johnson of 2nd Kemp Land Langford Madden Marable
McGuire

Middleton Newbill Oliver
Perdue Pollard
Ragan Ralston
Ray Scott Slotin
Starr Stokes Tanksley Thomas Thompson Turner
Walker

Voting in the negative was Senator Tysinger.

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Those not voting were Senators:

Blitch

Johnson of 1st

Taylor

On the passage of the bill, the yeas were 52, nays 1. The bill, having received the requisite constitutional majority, was passed.

SB 323. By Senators Edge of the 28th, Ray of the 19th, Pollard of the 24th and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide guidelines and limits on the number of corporate exemptions; to clarify the provisions related to subrogation; to increase the civil and criminal penalties for false and misleading statements; to provide for the creation of a fraud and compliance unit within the State Board of Workers' Compensation.

Senators Boshears of the 6th, Kemp of the 3rd, Ralston of the 51st and Black of the 53rd offered the following amendment:

Amend SB 323 by adding (f) after (e) at line 19 of Page 4 of Section 2:
(f) If the third party against whom the injured employee has a right of action is insured by agreement or otherwise by the same insurance carrier who provides workers compensa tion benefits to the injured employee or the third party claim, then the said workers com pensation carrier shall not have the right to intervene in its name or the name of the employer in the said third party action.

On the adoption of the amendment, Senator Boshears of the 6th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Blitch Boshears Brown of 26th Burton Clay Crotts

Griffin Harbison James Kemp Land Middleton Ragan

Ralston Scott Slotin Stokes Tanksley Thompson Walker

Those voting in the negative were Senators:

Balfour Bowen Broun of 46th Cagle Cheeks
Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Henson Hill
Hooks Isakson Johnson of 1st Langford Madden Marable

McGuire Newbill Oliver Perdue Pollard
Ray Starr Taylor Turner Tysinger

Not voting were Senators Johnson of 2nd and Thomas.

On the adoption of the amendment, the yeas were 22, nays 32, and the Boshears, et al. amendment was lost.

THURSDAY, FEBRUARY 16, 1995

695

Senator Edge of the 28th offered the following amendment:

Amend SB 323 by inserting immediately following the word and symbol "subrogation;" on line 5 of page 1 the following:
"to provide an effective date;".
By inserting immediately following the word and symbol "foregoing;" on line 19 of page 1 the following:
''to provide for severability;".
By striking line 19 of page 4 and inserting in lieu thereof the following:
"shall apply.
(f) This Code section shall become effective on July 1,1995, and shall apply to all causes of action accruing after July 1, 1992."1
By inserting immediately following line 18 of page 12 the following:
"Should any portion of this Act be found to be void for any reason, such portion shall be severed and the remaining portions of this Act shall remain in force and effect.

SECTION 14."

On the adoption of the amendment, the yeas were 34, nays 0, and the Edge amend ment was adopted.

Senator Edge of the 28th offered the following amendment:

Amend SB 323 by striking from lines 25 and 26 of page 5 the following:
"of a high and aggravated nature".
On the adoption of the amendment, the yeas were 33, nays 0, and Edge 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 Blitch Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Gochenour Guhl Henson Hill Hooks Isakson Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Black Boshears Brown of 26th

Griffin Harbison James

Scott Thomas Walker

Not voting were Senators Glanton and Johnson of 2nd.

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 45, nays 9.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 179. By Senators Farrow of the 54th and Black of the 53rd:
A bill to amend Code Section 44-3-134 of the Official Code of Georgia Annotated, relating to registration of dealers and cemeteries, perpetual care cemetery trust funds, nonperpetual care cemeteries, and preneed escrow accounts, so as to pro vide that certain property may be operated as a nonperpetual care cemetery; to provide for practices, procedures, and requirements related thereto.
The Senate Committee on Consumer Affairs offered the following substitute to SB 179:
A BILL
To be entitled an Act to amend Code Section 44-3-134 of the Official Code of Georgia Anno tated, relating to registration of dealers and cemeteries, perpetual care cemetery trust funds, nonperpetual care cemeteries, and preneed escrow accounts, so as to provide that certain property may be operated as a nonperpetual care cemetery; to provide for practices, procedures, and requirements related thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 44-3-134 of the Official Code of Georgia Annotated, relating to registration of dealers and cemeteries, perpetual care cemetery trust funds, nonperpetual care cemeteries, and preneed escrow accounts, is amended by striking subsection (d) of said Code section and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Nonperpetual care cemeteries.
(1) In the event that a cemetery offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery shall be considered a perpetual care cemetery for purposes of this article.
(2) Any nonperpetual care cemetery which was registered with the Secretary of State prior to August 1, 1986, may continue to be operated as such after that date and a renewal of such registration shall not be required.
(3) Any nonperpetual care cemetery which is shown to be of historical significance and is operated solely for historical nonprofit purposes shall be exempt from registration.
(4) Any property consisting of five acres or less and adjacent to any nonperpetual care cemetery to which paragraph (3) of this subsection is applicable may be established and operated as a nonperpetual care cemetery, regardless of ownership or operation as alor profit or nonprofit cemetery, if the Secretary of State issues a certificate allowing such use. The owner of such property desiring to establish or operate such property as a~npnperpetual care cemetery shall file an affidavit with the Secretary of State, along with such other supporting information as the Secretary of State shall request, showIng that additional property is needed to allow continued burials at such location and that the community will be adversely affected if such additional burial space is not provided at such location. If the Secretary of State finds that the community will be adversely affected unless additional burial space is made available, the Secretary of State shall issue a certificate allowing the operation of such property as a nonperpetual care cemetery.
(4X5) Except as specifically authorized under paragraphs (2), and (3), and (4) of this su5iection, from and after August 1, 1986, it shall be unlawful for any person to oper ate or establish a nonperpetual care cemetery."

THURSDAY, FEBRUARY 16, 1995

697

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.
The report of the committee, which was favorable lo 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan
Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable
McGuire

Middleton Newbill Oliver Perdue Pollard Ragan
Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Tysinger Walker

Those not voting were Senators:

Johnson of 2nd

Thompson

Turner

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SR 202. By Senators Middleton of the 50th, Perdue of the 18th, Hill of the 4th and others:
A resolution creating the Senate Study Committee on Local Education Finance Review.

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 Black Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks

Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James

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JOURNAL OF THE SENATE

Johnson of 2nd Johnson of 1st
Kemp Land Langford Madden Marable McGuire

Middleton Newbill
Oliver Perdue Pollard Ragan Ralston Ray

Slotin Starr
Stokes Tanksley Taylor Thomas Tysinger Walker

Those not voting were Senators:

Blitch Bowen

Scott Thompson

Turner

On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SB 230. By Senators Dean of the 31st, Ray of the 19th and Hill of the 4th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to provide statutory authority and to delineate uses for probation detention centers and probation diversion centers; to authorize a trial judge to require certain persons who have been sentenced to not less than one year on probation to complete satisfactorily a program of confinement in a probation detention center as a condition of pro bation.

The Senate Committee on Corrections, Correctional Institutions and Property offered the following amendment:

Amend SB 230 by striking in their entirety lines 8 through 17 of page 2 and inserting in lieu thereof the following:
"Probationers so sentenced will be required to serve a period of confinement as specified in the court order, which confinement period shall be computed from the date of initial confinement in the probation detention center."
By striking from lines 32 through 38 of page 2 the following:
"Probationers so sentenced will be required to serve a period of 60 to 180 days, computed from the time of initial confinement in the unit. The department may release the defend ant from confinement prior to 180 days, but in no event earlier than 60 days, based upon behavior, program participation, and completion of program requirements.",
and inserting in lieu thereof the following:
"Probationers so sentenced will be required to serve a period of confinement as specified in the court order, which confinement period shall be computed from the date of initial confinement in the diversion center."
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
Black Blitch
Boshears

Bowen Broun of 46th
Brown of 26th Burton
Cagle

Clay Crotts
Day Dean
Edge

THURSDAY, FEBRUARY 16, 1995

699

Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 2nd

Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan

Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Cheeks and Henson.

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

SR 163. By Senators Ragan of the llth, Ray of the 19th Gillis of the 20th and others:

A resolution creating the Joint Study Committee on Georgia Agricultural Edu cation.

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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day Edge Egan Farrow Glanton Gochenour

Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Cheeks

Dean Gillis

Henson

On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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JOURNAL OF THE SENATE

SB 9. By Senators Newbill of the 56th, Clay of the 37th, McGuire of the 30th and Tanksley of the 32nd:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto.

The Senate Education Committee offered the following amendment:

Amend SB 9 by striking on lines 18 through 20 of page 3 the following:
"or by any other regional accrediting agency approved by the State Board of Education".
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour Boshears Bowen Brown of 26th Burton Cagle Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin

Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Black

Blitch Broun of 46th

Cheeks Thomas

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

SR 191. By Senators Middleton of the 50th Ray of the 19th, Broun of the 46th and others:
A resolution creating the Senate Water Quality and Water Supply Alternative Financing Study Committee.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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701

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 Black Blitch Boshears Bowen Brown of 26th Burton Cagle Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th

Cheeks

Taylor

On the adoption of the resolution the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SB 128. By Senator Tysinger of the 41st:

A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the general provisions relating to the General Assembly, so as to authorize the General Assembly to introduce, consider, and enact jointly spon sored bills and resolutions; to provide for the manner of introducing and acting upon such bills; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch
Boshears Bowen
Brown of 26th Burton Cagle Clay
Crotts Day Egan
Farrow Gillis
Glanton

Gochenour Griffin Guhl Harbison
Hill Hooks
Isakson James Johnson of 1st Kemp
Land Langford Madden
Marable McGuire
Middleton

Newbill Oliver Perdue Pollard
Ragan Ralston
Ray Scott Slotin Starr
Stokes Tanksley Taylor
Turner Tysinger
Walker

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Voting in the negative was Senator Thompson.

Those not voting were Senators:

Broun of 46th Cheeks Dean

Edge Henson

Johnson of 2nd Thomas

On the passage of the bill, the yeas were 48, nays 1.
The bill, having received the requisite constitutional majority, was passed.
SB 64. By Senators Middleton of the 50th, Madden of the 47th, Ralston of the 51st and others:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for state grants for certain educational programs conducted after regular school hours for at-risk youth.

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

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
January 10, 1995

The Honorable Guy Middleton State Senator State Capitol Atlanta, Georgia 30334

SUBJECT: Fiscal Note Senate Bill 64 (LC 11 8409)

Dear Senator Middleton:
This bill would establish a state grant to fund educational programs conducted jointly by two or more local school systems after regular school hours for at-risk youth. The amount of grant funds is computed by multiplying teacher cost by 432 and adding operations costs multiplied by full-time equivalents.
The fiscal impact of this bill is approximately $1 million for the two schools currently in operation. This is based on a per FTE cost of $9,907.48. Any additional systems which elect to establish an after-school program would be funded at the same per FTE cost.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget

THURSDAY, FEBRUARY 16, 1995

703

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 8, 1995
The Honorable Richard Marable, Chairman Senate Education Committee State Capitol Atlanta, Georgia 30334
SUBJECT: Fiscal Note Senate Bill 64 Substitute (LC 11 8601 S)
Dear Senator Marable:
This substitute bill would establish a state grant to fund educational programs conducted jointly by two or more local school systems after regular school hours for at-risk youth. The amount of grant funds is equal to the amount otherwise earned by such students if they were enrolled in equivalent courses in the high school program during the school day and counted as FTE students. In addition, this bill would direct the State Board of Education to prescribe a method of determining full-time equivalency of the after-school program. The fiscal impact of this bill is approximately $270,000 for the two schools currently in operation. This is based on the fiscal year 1996 QBE formula recommended base amount of $1,650.22 for grades 9-12. Any additional systems which elect to establish an after-school program would be funded at the same per FTE cost.
Sincerely, /s/ Claude L. Vickers
State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget
The Senate Committee on Education offered the following substitute to SB 64:
A BILL
To be entitled an Act to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for state grants for certain educational programs conducted after regular school hours for atrisk youth; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relat ing to grants for educational programs, is amended by adding at the end the following:
"20-2-256.
(a) As used in this Code section, the term: (1) 'After-school program' means any academic program conducted after regular school hours to serve only students who have previously dropped out of school or who have previously failed courses. (2) 'Course' means an instructional course for which a program count is permissible under Code Section 20-2-160.

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(3) 'FTE' or 'full-time equivalency' means the program cost obtained under the method described in Code Section 20-2-160.
(4) 'Student' means a person who is otherwise eligible to be included in a program count under Code Section 20-2-160.
(b) Two or more local school systems which jointly establish any after-school program for at-risk students shall be eligible to receive a state grant equal to the amount otherwise earned by such students if they were enrolled in equivalent courses in the high school program during the school day and counted as FTE students. The State Board of Educa tion is directed to prescribe a method of determining full-time equivalency of such pro grams in keeping with Code Section 20-2-160 and shall calculate the funds needed for such programs as part of its annual budget request."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Cagle Clay

Oliver

Walker

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The President announced that the Senate would stand in recess from 12:10 P.M. until 1:30 P.M.
The President called the Senate to order at 1:30 P.M.

THURSDAY, FEBRUARY 16, 1995

705

The following general bills were read the third time and put upon their passage:
SB 157. By Senators Clay of the 37th, Burton of the 5th and Boshears of the 6th:
A bill to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to provide that judges may order any person who has committed family violence to participate in a domestic violence inter vention program; to provide for the contents and cost of such programs; to pro vide for monitoring of such offenders by the court.
The Senate Committee on Judiciary offered the following substitute to SB 157:
A BILL
To be entitled an Act to amend Chapter 13 of Title 19 of the Official Code of Georgia Anno tated, relating to family violence, so as to provide that judges may order any person who has committed family violence to participate in a family violence intervention program; to provide for the contents and cost of such program; to provide for monitoring of such offend ers by the court; to provide for related matters; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to require the Department of Cor rections to provide a Family Violence Counseling Program; to provide that the program shall be made available to certain inmates; to provide that a court sentencing a defendant to probation for an offense involving family violence shall, to the extent that services are available, require as a condition of probation that the defendant participate in a court ap proved family violence intervention program or receive counseling related to family vio lence; to authorize other terms and conditions of probation; to provide for payment of the cost of counseling or participation in a family violence intervention program under certain circumstances; to provide that an inmate who has committed an offense which has been identified to involve family violence shall not be considered for parole until such inmate has successfully completed a Family Violence Counseling Program; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, is amended by striking subsection (a) of Code Section 19-13-4, relating to protective orders and consent agreements in family violence cases, in its entirety and inserting in lieu thereof the following:
"(a) The court may, upon the filing of a verified petition, grant any protective order or approve any consent agreement to bring about a cessation of acts of family violence. The orders or agreements may:
(1) Direct a party to refrain from such acts;
(2) Grant to a spouse possession of the residence or household of the parties and ex clude the other spouse from the residence or household;
(3) Require a party to provide suitable alternate housing for a spouse and his or her children;
(4) Award temporary custody of minor children and establish temporary visitation rights;
(5) Order the eviction of a party from the residence or household and order assistance to the victim in returning to it, or order assistance in retrieving personal property of the victim if the respondent's eviction has not been ordered;
(6) Order either party to make payments for the support of a minor child as required by law;

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(7) Order either party to make payments for the support of a spouse as required by law;
(8) Provide for possession of personal property of the parties;
(9) Order a party to refrain from harassing or interfering with the other party;
(10) Award costs and attorney's fees to either party; and
(,11,) CJrGGl* GiCll'Sl 01 till pell Li<3& to ItiCctiV^i clp^ji'tjpflfltci ^JS^CiJiictLl iC Ol1 pSyCilOlG^iC&i feci'V-
ices the person who committed the violence to participate in a family violence interven tion program selected by the court, which participation shall be monitored by the court as a further measure to prevent the recurrence of family violence."
SECTION 2.
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding at the end of Article 1 of Chapter 5, relating to general provisions applicable to state and county correctional institutions, a new Code Section 42-5-20 to read as follows:
"42-5-20.
The department shall provide within the correctional system a Family Violence Counsel ing Program. The program shall be made available to every person sentenced to the cus tody of the state who committed an offense which has been identified to involve family violence as such term is defined in Code Section 19-13-1; provided, however, that the provisions of this Code section shall not apply to a person who has been sentenced to the punishment of death or to those deemed mentally incompetent."
SECTION 3.
Said title is further amended by adding between Code Sections 42-8-35.3 and 42-8-36 a new Code Section 42-8-35.4 to read as follows:
"42-8-35.4.
Notwithstanding any other terms or conditions of probation which may be imposed, a court sentencing a defendant to probation for an offense involving family violence as such term is defined in Code Section 19-13-1 shall, to the extent that services are available, require as a condition of probation that the defendant participate in a court approved family violence intervention program or receive counseling related to family violence. Unless the defendant is indigent, the cost of such participation in the program or coun seling shall be borne by the defendant."
SECTION 4.
Said title is further amended by adding at the end of Code Section 42-9-45, relating to the general rule-making power of the State Board of Pardons and Paroles, a new subsection (g) to read as follows:
"(g) An inmate who has committed an offense which has been identified to involve family violence as such term is defined in Code Section 19-13-1 shall not be considered for pa role until such inmate has successfully completed a Family Violence Counseling Program offered by the Department of Corrections."
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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707

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 Black Boshears Broun of 46th Brown of 26th Cagle
Cheeks Clay Day Dean Edge Egan Farrow Gillis Gochenour

Griffin Guhl Harbison Hill Hooks James
Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Scott
Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Blitch Bowen Burton

Crotts Glanton Henson Isakson

Johnson of 2nd Ray Taylor Walker

On the passage of the bill, the yeas were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 283. By Senators Farrow of the 54th and Ralston of the 51st:

A bill to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for nonstenographic depositions at the election of the party taking the deposition unless the court orders otherwise; to provide for notice, costs of recording, transcription, and designation of other methods in addition to methods specified by the person taking the deposition; to provide that camera and sound-recording techniques shall not distort the ap pearance or demeanor of deponents or attorneys.

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

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 Black Boshears Bowen Broun of 46th Brown of 26th Cagle Cheeks Clay Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 1st Kemp

Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray

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Scott Slotin Starr

Stokes Tanksley Taylor

Those not voting were Senators:

Abernathy Blitch Burton

Crotts Isakson Johnson of 2nd

Thompson Turner Tysinger
Thomas Walker

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

SB 160. By Senators Clay of the 37th, Edge of the 28th, Land of the 16th and others:
A bill to amend Code Section 17-7-130 of the Official Code of Georgia Annotated, relating to procedures upon a person's plea of mental incompetency to stand trial, so as to provide certain additional procedures for the handling of persons found to be mentally incompetent; to provide for related matters; to provide for an effective date and applicability.

The Senate Committee on Special Judiciary offered the following substitute to SB 160:
A BILL
To be entitled an Act to amend Code Section, 17-7-130 of the Official Code of Georgia Anno tated, relating to procedures upon a person's plea of mental incompetency to stand trial, so as to provide certain additional procedures for the handling of persons found to be mentally incompetent; to authorize the state to file a motion for rehearing on the issue of a person's mental competency after a person has been found to be mentally incompetent to stand trial; to provide for subsequent proceedings if there are reasonable grounds to believe that the person's mental condition has changed; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 17-7-130 of the Official Code of Georgia Annotated, relating to procedures upon a person's plea of mental incompetency to stand trial, is amended by striking subsec tion (e) thereof and inserting in lieu thereof a new subsection (e) to read as follows:
"(e)(l) A person who is found by the Department of Human Resources to be mentally competent to stand trial shall be discharged into the custody of a law enforcement officer of the jurisdiction of the court which committed the person to the department unless the court has dismissed the charges which led to the commitment, in which case the person shall be discharged. In the event a law enforcement officer does not appear and take custody of the person within 20 days after notice to the appropriate law en forcement official in the jurisdiction of the committing court, the presiding judge of the committing court, and the prosecuting attorney for the court, the department shall itself return the person to one of the committing court's detention facilities; and the cost of returning the person shall be paid by the county in which the committing court is located. All notifications shall be sent by certified mail, return receipt requested. With the concurrence of the appropriate court and upon the recommendation of the attending physician, any person discharged as competent to stand trial may be held by the department instead of at the court's detention facilities whenever, in the attending physician's opinion, such detention in the court's facilities would be detrimental to the well-being of the person so committed. Such alternative detention shall continue only until the date of the person's trial.

THURSDAY, FEBRUARY 16, 1995

709

(2) The physical custody of a person who is found by the Department of Human Re sources to be mentally incompetent to stand trial and for whom there is no substantial probability that he or she will attain competency in the foreseeable future and who meets the criteria set forth in this paragraph but does not meet the criteria for involun tary civil commitment shall be returned to the committing court for a probable cause hearing to determine if there is a likelihood that a crime was committed by the person. If the hearing results in a finding by the committing court that probable cause that a crime was committed by the person exists, then the committing court shall retain cus tody of the defendant and shall order an independent evaluation of the defendant by a court appointed licensed clinical psychologist or psychiatrist to determine whether the defendant meets the criteria for involuntary civil commitment. If the defendant is iound to meet the criteria for involuntary civil commitment, the judge may issue an order committing the person to a state mental health facility. This paragraph applies to those personsi
(A) Accused of committing the following crimes:
(i) Murder;
(ii) Rape;
(iii) Aggravated sodomy;
(iv) Armed robbery;
(v) Aggravated assault;
(vi) Hijacking of a motor vehicle or an aircraft;
(vii) Aggravated battery;
(viii) Aggravated sexual battery; or
(ix) Aggravated child molestation;
(B) Who are an obvious threat to society as determined by the Department of Human Resources or the assigned judge; or
(C) Who have been convicted of or committed for three or more felonies."
SECTION 2.
Said Code section is further amended by adding at the end thereof a new subsection (g) to read as follows:
"(g) If a person is found to be mentally incompetent to stand trial, whether or not commit ted to a state mental health facility under this Code section, the state may file at any time a motion for rehearing on the issue of the person's mental competency. The court shall grant said motion upon a showing by the state that there are reasonable grounds to believe that the person's mental condition has changed. If this motion is granted, the case shall proceed as provided in subsection (a) of this Code section."
SECTION 3.
This Act shall become effective on July 1,1995, and shall apply to all persons arrested on or after that date.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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.

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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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Burton

Isakson

Johnson of 2nd

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SR 119. By Senator Kemp of the 3rd:

A resolution authorizing the conveyance of certain state owned real property located in Liberty County, Georgia.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch
Boshears Bowen
Broun of 46th Brown of 26th Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Gochenour Griffin Guhl
Harbison Henson
Hill Hooks James Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard
Ragan Ralston
Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

THURSDAY, FEBRUARY 16, 1995

711

Those not voting were Senators:

Burton Glanton

Isakson Johnson of 2nd

Scott

On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 139. By Senator Thomas of the 10th:

A resolution directing the Division of Public Health of the Department of Human Resources, acting in consultation with the Georgia Trauma Advisory Council, to create a state-wide trauma response system plan.

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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Burton

Henson

Johnson of 2nd

On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 102. By Senator Cheeks of the 23rd:

A resolution authorizing the leasing of certain real property owned by the Georgia Building Authority in Richmond County, Georgia.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black

Blitch Boshears Bowen

Broun of 46th Brown of 26th Cagle

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JOURNAL OF THE SENATE

Cheeks Clay Crotts Day Dean Edge Egan Farrow Glanton Gochenour Griffin Guhl Harbison Henson

Hill Hooks Isakson Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue

Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Burton Gillis

James Johnson of 2nd

Taylor

On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

The following bill was taken up to consider House action thereto:

SB 258. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, as amended, so as to change certain provisions relative to the compensation of the deputy tax com missioner.
The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4626), so as to change certain provisions relative to the compensation of the deputy tax commissioner; 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 consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4626), is amended by striking from subsection (b) of Section 7A the following:
"$36,000.00,"
and inserting in lieu thereof the following:
"$37,800.00",
so that when so amended subsection (b) reads as follows:
"(b) The deputy tax commissioner shall receive as compensation for his or her services a salary to be fixed in the discretion of the tax commissioner in an amount not to exceed

THURSDAY, FEBRUARY 16, 1995

713

$37,800.00 per annum, payable in equal monthly installments from the funds of Clayton County."

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 Starr of the 44th moved that the Senate agree to the House substitute to SB 258.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Cagle Cheeks Clay Crotts Day Dean Farrow Gillis
Glanton

Gochenour

Griffin

Guhl

Harbison

Hooks

Isakson

James

Johnson of 1st

Kemp

Land

Langford

Madden

.

Marable

McGuire

Middleton

Newbill

Oliver Perdue Pollard Ragan Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Burton Edge Egan

Henson Hill

Johnson of 2nd Ralston

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 258.

The following bill was taken up to consider House action thereto:

SB 259. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the compensa tion of the deputy clerk of the superior court; to provide for the application of civil service benefits.
A BILL
To be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4623), so as to change the compensation of the deputy clerk of the superior court; to provide for the appli cation of civil service benefits; 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

An Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4623), is amended by striking Section 1A in its entirety and substituting in lieu thereof a new Section 1A to read as follows:

"SECTION 1A.

(a) There is created an office in Clayton County to be known as deputy clerk of the supe rior court, and the clerk of the Superior Court of Clayton County is authorized to appoint the deputy clerk of the superior court. The deputy clerk of the superior court shall serve at the pleasure of the clerk of the superior court and may be removed from office by the clerk of superior court. The deputy clerk of the superior court shall have the same au thority granted to clerks of superior courts by the laws of this state when acting on behalf and at the direction of the clerk of Superior Court of Clayton County. The qualifications of the deputy clerk of the superior court shall be the same as those prescribed for the clerk of the superior court, and he or she shall be required to take the same oath of office as the clerk of the superior court after appointment and before assuming the duties of office. Except for compensation which shall be as provided in subsection (b) of this section and except for employment and discharge which shall be as provided in this subsection, the deputy clerk of the superior court shall have all benefits afforded to Clayton County employees under the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), as now or hereafter amended.
(b) The deputy clerk of the superior court shall receive as compensation for services a salary to be fixed in the discretion of the clerk of the superior court in an amount not to exceed $37,800.00 per annum, payable in equal monthly installments out of the funds of Clayton County."

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 Starr of the 44th moved that the Senate agree to the House substitute to SB 259.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Cagle Cheeks Clay Crotts Day Dean Egan

Farrow Gillis Glanton Gochenour Griffin Harbison Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford

Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ray Scott Slotin Starr Stokes Tanksley

THURSDAY, FEBRUARY 16, 1995

715

Taylor Thomas

Thompson Turner

Tysinger Walker

Those not voting were Senators:

Burton Edge

Guhl Johnson of 2nd

Ralston

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 259.

The following bill was taken up to consider House action thereto:

SB 260. 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 deputy clerk of said court; to provide for the application of civil service benefits.
The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act creating the State Court of Clayton County, ap proved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act ap proved March 22, 1990 (Ga. L. 1990, p. 4367), so as to change the compensation of the deputy clerk of said court; to provide for the application of civil service benefits; 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 March 22, 1990 (Ga. L. 1990, p. 4367), is amended by striking Section 1A in its entirety and substituting in lieu thereof a new Section 1A to read as follows:
"SECTION 1A.
(a) There is created an office in Clayton County to be known as deputy clerk of the state court, and the clerk of the State Court of Clayton County is authorized to appoint the deputy clerk of the state court. The deputy clerk of the state court shall serve at the pleasure of the clerk of the state court and may be removed from office by the clerk of the state court. The deputy clerk of the state court shall have the same authority granted to clerks of state courts by the laws of this state when acting on behalf and at the direction of the clerk of the State Court of Clayton County. The qualifications of the deputy clerk of the state court shall be the same as those prescribed for the clerk of the state court, and the deputy clerk of the state court shall be required to take the same oath of office as the clerk of the state court after appointment and before assuming the duties of his or her office. Except for compensation which shall be as provided in subsection (b) of this section and except for employment and discharge which shall be as provided in this sub section, the deputy clerk of the state court shall have all benefits afforded to Clayton County employees under the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), as now or hereafter amended.
(b) The deputy clerk of the state court shall receive as compensation for his or her serv ices a salary to be fixed in the discretion of the clerk of the state court in an amount not to exceed $37,800.00 per annum, payable in equal monthly installments out of the funds of Clayton County."

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JOURNAL OF THE SENATE

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 Starr of the 44th moved that the Senate agree to the House substitute to
SB 260.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black
Blitch Boshears Bowen
Broun of 46th Brown of 26th Cagle Cheeks Clay Crotts Day Dean Egan Farrow
Gillis

Glanton Gochenour Griffin
Harbison Henson Hill
Hooks Isakson Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton
Newbill

Oliver Perdue Pollard
Ragan Ray Scott
Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Burton Edge

Guhl James

Johnson of 2nd Ralston

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 260.

Senator Perdue of the 18th moved that the Senate do now adjourn until 9:00 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 2:07
P.M.

FRIDAY, FEBRUARY 17, 1995

717

Senate Chamber, Atlanta, Georgia Friday, February 17, 1995
Twenty-fifth Legislative Day
The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by Senator Ray of the 19th, President Pro Tempore.
Senator Marable of the 52nd 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 Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 471. By Representative Watson of the 139th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the provi sions relating to the general powers of the State Board of Registration of Profes sional Engineers and Land Surveyors.
HB 517. By Representative Stancil of the 91st:
A bill to amend Code Section 3-4-90 of the Official Code of Georgia Annotated, relating to authorization by counties or municipalities of issuance of licenses for sale of distilled spirits by the drink, so as to repeal a provision permitting the governing authority of any county having a population of not less than 12,800 nor more than 12,900 according to the United States decennial census of 1990 or any future such census and the governing authority of every municipality in each such county to authorize the issuance of licenses to sell alcoholic beverages by the drink at certain restaurants and private nonprofit clubs after approval by the voters at a referendum.
HB 349. By Representatives Greene of the 158th, Walker of the 141st, Floyd of the 138th and Bostick of the 165th:
A bill to amend Code Section 36-82-61 of the Official Code Of Georgia Annotat ed, relating to definitions of terms used in Article 3 of Chapter 82 of Title 36, known as the "Revenue Bond Law," so as to change the definitions of "undertak ing" to include jails and all other structures and facilities which are necessary and convenient for the operation of jails.
HB 301. By Representative Campbell of the 42nd:
A bill to amend Code Section 36-32-2 of the Official Code of Georgia Annotated, relating to the appointment of municipal court judges, so as to eliminate the requirement that a municipal court judge reside in the same judicial circuit as that in which the court is located.

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HB 252. By Representatives Day of the 153rd, Pelote of the 149th, Buck of the 135th, Thomas of the 148th and Dixon of the 150th:
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 certain nonprofit museums and property owned by a nonprofit museum which is located in a building which is listed on the National Register of Historic Places or in a state maintained historic register.
HB 473. By Representatives Martin of the 47th and McKinney of the 51st:
A bill to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to authorized deductions from the wages and salaries of public officers and employees, so as to authorize departments, agencies, authori ties, or commissions of the state to participate in any program to provide their employees a mass transit employee benefit.
HB 389. By Representatives Bordeaux of the 151st and Smith of the 175th:
A bill to amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal marshlands, so as to provide that the Coastal Marshlands Protection Committee shall be authorized to approve the lease of state-owned marshland or water bottoms for marinas or docks providing over 500 linear feet of dock space.
HB 287. By Representatives Purcell of the 9th, Murphy of the 18th, Twiggs of the 8th, Shanahan of the 10th, Pinholster of the 15th and others:
A bill to amend Subpart 6 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the North Georgia College Re serve Officers' Training Corps grant program, so as to increase the amount of the tuition assistance granted to each eligible student.
HB 350. By Representatives Twiggs of the 8th, Murphy of the 18th, Purcell of the 9th, Jamieson of the 22nd, Whitaker of the 7th and others:
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 the minimum requirements for rules and regulations governing land-dis turbing activities.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 24. By Senators Hooks of the 14th, Ray of the 19th, Ragan of the llth, Turner of the 8th and Gillis of the 20th:
A bill to amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for special purposes, so as to repeal the existing grant of the right of eminent domain to petroleum pipe line companies; to provide for legislative findings; to provide for definitions; to provide for conditions and restrictions on the use of eminent domain by petrole um pipelines.

FRIDAY, FEBRUARY 17, 1995

719

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 369. By Senator Edge of the 28th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to provide that in a claim arising out of a motor vehicle accident, it shall be unlawful for an attorney to give anything of value to a nonattorney for a referral; to provide that a health care provider may not give anything of value for a referral.
Referred to Committee on Special Judiciary.
SB 370. By Senators Slotin of the 39th, Scott of the 36th and Thomas of the 10th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," as amended, so as to authorize each member on the board of the Authority who represents the State to designate a person to serve in place of that member.
Referred to Committee on State and Local Governmental Operations - General.
SB 371. By Senators Farrow of the 54th and Black of the 53rd:
A bill to amend an Act creating the Board of Commissioners of Whitfield County, as amended, so as to provide for staggered terms of office for members of the board of commissioners; to provide for initial and regular terms of office; to provide for a referendum; to provide for submissions and the automatic repeal of this Act.
Referred to Committee on State and Local Governmental Operations.
SB 372. By Senators Tysinger of the 41st, Thomas of the 10th and Burton of the 5th:
A bill to amend an Act revising, superseding, and consolidating the laws relat ing to the governing authority of DeKalb County, as amended, so as to provide for the Presiding Officer of the Commission and not the Chief Executive Officer to preside over and prepare the agenda for Commission meetings and authorize the Commission to contract for consultants and legal counsel.
Referred to Committee on State and Local Governmental Operations.
SB 373. By Senators Gochenour of the 27th, McGuire of the 30th, Glanton of the 34th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to create the "Medical Care Savings Account and Trust Act"; to provide for short title; to provide for declaration of legislative intent; to provide for definitions; to provide for individual medical care savings accounts; to pro vide for medical care savings accounts; to provide for the maximum amount that may be deposited in a medical care savings account.
Referred to Committee on Health and Human Services.

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SB 374. By Senators Madden of the 47th, Middleton of the 50th, McGuire of the 30th and others:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to authorize the Commissioner of Agriculture to solicit and to expend state funds for the solicitation of volunta ry contributions to be used exclusively for the compilation, publication, printing, and distribution of the Farmers and Consumers Market Bulletin.
Referred to Committee on Agriculture.
SB 375. By Senators Taylor of the 12th, Gillis of the 20th and Kemp of the 3rd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that the director of the En vironmental Protection Division of the Department of Natural Resources may include numeric effluent limitations or may substitute best management prac tices in certain permits for the discharge of pollutants; to provide for best man agement practices in relation to certain land-disturbing activities.
Referred to Committee on Natural Resources.
SB 376. By Senator Abernathy of the 38th:
A bill to create the office of county manager of Fulton County; to provide for the appointment of the county manager; to provide for terms of office; to provide for removal of the county manager; to provide for an employment contract; to pro vide qualifications for the county manager; to provide residency requirements for the county manager; to provide for compensation; to provide duties and re sponsibilities of the county manager.
Referred to Committee on State and Local Governmental Operations.
SB 377. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to preclude application of certain laws governing such apparatuses to single-seat, single-passenger chairlifts located in buildings owned and operated by certain nonprofit organizations.
Referred to Committe on Consumer Affairs.
SR 226. By Senator Burton of the 5th:
A resolution authorizing the leasing of certain improved property owned by the State of Georgia in Gwinnett County, Georgia.
Referred to Committee on Finance and Public Utilities.
SR 227. By Senator Dean of the 31st:
A resolution recommending and requesting that the Board of Natural Resources and the Department of Natural Resources designate the wildlife management area in Polk County as the "Raymond R. Lester Wildlife Management Area".
Referred to Committee on Natural Resources.

FRIDAY, FEBRUAEY 17, 1995

721

SR 228. By Senators Johnson of the 1st and Johnson of the 2nd:
A resolution proposing an amendment to the Constitution so as to allow the owners of certain real property located in certain industrial areas to remove the property from the industrial area; to provide that such removal shall be irrevo cable and binding on successors and heirs; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Finance and Public Utilities.
The following bills of the House were read the first time and referred to committees:
HB 252. By Representatives Day of the 153rd, Pelote of the 149th, Buck of the 135th 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 certain nonprofit museums and property owned by a nonprofit museum which is located in a building which is listed on the National Register of Historic Places or in a state maintained historic register.
Referred to Committee on Finance and Public Utilities.
HB 287. By Representatives Purcell of the 9th, Murphy of the 18th, Twiggs of the 8th and others:
A bill to amend Subpart 6 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the North Georgia College Re serve Officers' Training Corps grant program, so as to increase the amount of the tuition assistance granted to each eligible student.
Referred to Committee on Higher Education.
HB 301. By Representative Campbell of the 42nd:
A bill to amend Code Section 36-32-2 of the Official Code of Georgia Annotated, relating to the appointment of municipal court judges, so as to eliminate the requirement that a municipal court judge reside in the same judicial circuit as that in which the court is located.
Referred to Committee on Judiciary.
HB 349. By Representatives Greene of the 158th, Walker of the 141st, Floyd of the 138th and Bostick of the 165th:
A bill to amend Code Section 36-82-61 of the Official Code of Georgia Annotated, relating to definitions of terms used in Article 3 of Chapter 82 of Title 36, known as the "Revenue Bond Law," so as to change the definitions of "undertaking" to include jails and all other structures and facilities which are necessary and con venient for the operation of jails.
Referred to Committee on Corrections, Correctional Institutions and Property.
HB 350. By Representatives Twiggs of the 8th, Murphy of the 18th, Purcell of the 9th and others:
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 the minimum requirements for rules and regulations governing land-dis turbing activities.
Referred to Committee on Natural Resources.

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JOURNAL OF THE SENATE

HB 389. By Representatives Bordeaux of the 151st and Smith of the 175th:
A bill to amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal marshlands, so as to provide that the Coastal Marshlands Protection Committee shall be authorized to approve the lease of state-owned marshland or water bottoms for marinas or docks providing over 500 linear feet of dock space.
Referred to Committee on Natural Resources.
HB 471. By Representative Watson of the 139th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the provi sions relating to the general powers of the State Board of Registration of Profes sional Engineers and Land Surveyors.
Referred to Committee on Science, Technology and Industry.
HB 473. By Representatives Martin of the 47th and McKinney of the 51st:
A bill to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to authorized deductions from the wages and salaries of public officers and employees, so as to authorize departments, agencies, authori ties, or commissions of the state to participate in any program to provide their employees a mass transit employee benefit.
Referred to Committee on State and Local Governmental Affairs - General.
HB 517. By Representative Stancil of the 91st:
A bill to amend Code Section 3-4-90 of the Official Code of Georgia Annotated, relating to authorization by counties or municipalities of issuance of licenses for sale of distilled spirits by the drink, so as to repeal a provision permitting the governing authority of any county having a population of not less than 12,800 nor more than 12,900 according to the United States decennial census of 1990 or any future such census and the governing authority of every municipality in each such county to authorize the issuance of licenses to sell alcoholic beverages by the drink at certain restaurants and private nonprofit clubs after approval by the voters at a referendum.
Referred to Committee on Consumer Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Economic Development, Tourism and Cultural Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 120. Do pass as amended.
HB 489. Do pass.
Respectfully submitted,
Senator Broun of the 46th District, Chairman

FRIDAY, FEBRUARY 17, 1995

723

Mr. President: The Committee on Health and Human Services has had under consideration the fol
lowing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 309. Do pass by substitute. HB 262. Do pass. HB 454. 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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 331. Do pass as amended. HB 41. Do pass by substitute.
Respectfully submitted, Senator Pollard of the 24th District, Chairman
Mr. President: The Committee on Judiciary has had under consideration the following bills of the
Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 95. Do pass by substitute. SB 262. Do pass. SB 307. Do pass.
Respectfully submitted, Senator Oliver of the 42nd District, Chairman
Mr. President: The Committee on Natural Resources has had under consideration the following reso
lutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 157. Do pass. HR 261. Do pass.
Respectfully submitted, Senator Gillis of the 20th District, Chairman
Mr. President: The Committee on Public Safety has had under consideration the following bills of the
Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 265. Do pass. HB 255. Do pass.

724

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HB 455. Do pass.

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

Mr. President: The Committee on Science, Technology and Industry has had under consideration the
following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 337. Do pass by substitute.
HB 219. Do pass.
Respectfully submitted, Senator Tysinger of the 41st District, Chairman

Mr. President: The Committee on Special Judiciary has had under consideration the following bills of
the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 87. Do pass.
HB 221. Do pass.
Respectfully submitted, Senator Egan of the 40th District, Chairman

The following communication was filed with the Secretary:
The State Senate Atlanta, Georgia 30334
February 16, 1995 Mr. Frank Eldridge Secretary of the Senate State Capitol Atlanta, Georgia 30334 Dear Mr. Secretary: It will not be possible for me to be present at the Transportation Meeting scheduled for Friday, February 17, 1995, at 8:30 A.M. I have asked the Vice Chairman of the Committee, Senator Don Cheeks, to chair the meeting and to handle SB 318, SB 319 and SB 320.
Sincerely, /s/ Steve Thompson
Mr. President: The Committee on Transportation has had under consideration the following bills of
the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 318. Do pass.
SB 319. Do pass.

FRIDAY, FEBRUARY 17, 1995

725

SB 320. Do pass.

Respectfully submitted, Senator Cheeks of the 23rd District, Vice Chairman

The following bills and resolutions were read the second time:

SB 280 SR 123 HB 327 HB 483 HR 94

SB 326 SR 132 HB 382 HB 484 HR 189

SB 338 HB 50 HB 398 HB 510 HR 234

SR 44 HB 139 HB 405 HB 559

SR 67 HB 161 HB 431 HB 592

SR 85 HB 321 HB 441 HB 594

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

Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy Balfour Cagle

Edge Harbison Kemp

Ragan Ray (presiding)

The President Pro Tempore led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Dean of the 31st introduced the chaplain of the day, Reverend Johnny Womack, pastor of Corinth Baptist Church, Bremen, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 225. By Senator Farrow of the 54th:
A resolution commending the members of the Junior Beta Club of Bagley Middle School.

SR 229. By Senators Taylor of the 12th, Hooks of the 14th, Bowen of the 13th and others:
A resolution declaring February 23, 1995, as Albany-Dougherty County Day at the State Capitol and inviting the Mayor and representatives of the City of Al bany, Dougherty County, and the Albany-Dougherty Chamber of Commerce to appear before the Senate.

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SR 230. By Senator Griffin of the 25th:
A resolution in memory and appreciation of Nancy Thomas Butts.
SR 231. By Senator Brown of the 26th:
A resolution expressing regret at the passing of Mr. Riago Joseph Martin.
Senator Day of the 48th introduced the Lawrenceville School Officials for Centennial Year, commended by SR 112, adopted previously.
The following uncontested population bill of the Senate, favorably reported by the com mittee as listed on the Senate General Consent Calendar For Population Bills, was put upon its passage:
SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS
Friday, February 17, 1995 TWENTY-FIFTH LEGISLATIVE DAY
*SB 241 Glanton of the 34th James of the 35th Scott of the 36th Abernathy of the 38th Slotin of the 39th Egan of the 40th Day of the 48th Newbill of the 56th
Amends an Act creating a purchasing department in counties having a population of 550,000 or more, so as to provide that certain county contracts for work, services, or sup plies may be awarded by the board of commissioners without competition under certain conditions; to provide for public notice; to require the governing authority to make awards in the best interest of the county. (Substitute)
The substitute to the following bill was put upon its adoption:
*SB 241:
The Senate Committee on State and Local Governmental Operations offered the fol lowing substitute to SB 241:
A BILL
To be entitled an Act to amend an Act creating and establishing a purchasing depart ment in counties having a population of 200,000 or more, approved March 27, 1941 (Ga. L. 1941, p. 408), amended to apply to counties having a population of 550,000 or more by an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), as amended, so as to provide that certain county contracts for work, labor, or services to be done or supplies, materials, or equipment to be furnished may be awarded by the board of commissioners without compe tition under certain conditions; to authorize public letting by request for proposal, sole source procurement, or emergency procurement under certain conditions and procedures; to provide for records of such procurement; to provide for public notice; to require the gov erning authority of the county to make awards in the best interest of the county; to require that certain persons making competitive sealed proposals and competitive sealed bids shall provide a certificate of independent price determination; to provide duties for the purchas ing department and purchasing agents; to provide for related matters; to provide an effec tive date; to repeal conflicting laws; and for other purposes.

FRIDAY, FEBRUARY 17, 1995

727

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating and establishing a purchasing department in counties having a population of 200,000 or more, approved March 27, 1941 (Ga. L. 1941, p. 408), amended to apply to counties having a population of 550,000 or more by an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), as amended, is amended by adding following Section 14 new Sections 14A, 14B, and 14C to read as follows:
"SECTION 14A.
Notwithstanding any other provision of this Act, a contract may be awarded by the board of commissioners without competition when the county manager and the purchasing agent determine, in writing, upon recommendation of the user department and after the purchasing conducts a good faith review of available sources, that there is only one source for the required work, labor, or service to be done or the supplies, materials, or equipment to be furnished. The purchasing agent, in conjunction with the user depart ment, shall conduct negotiations based upon written documentation and estimates pro vided in writing by the user department as to quality, price, delivery, and terms of performance. A contract shall be written based upon the negotiated terms and condi tions. A record of all sole source procurement shall be maintained as a public record for a minimum of three years and shall list each contractor's name, the amount and type of each contract, a listing of the work, labor, or service to be done or the supplies, materials, or equipment to be furnished under each contract, and the identification number of each contract file. A separate record of sole source procurement shall be maintained as a pub lic record for each fiscal year.
SECTION 14B.
When the county manager and the purchasing agent, upon written recommendation of the user department, determine that the use of competitive sealed bidding is not practi cable or is not advantageous to the county, a contract may be entered into by the board of commissioners based on competitive sealed proposals, subject to the following conditions:
(1) This method of solicitation shall only be used after a written determination by the purchasing agent, upon recommendation by the user department and county manager, that the use of competitive sealed bidding is not practicable under the circumstances or is not in the best interests of the county in accordance with regulations promulgated by the board of commissioners;
(2) Proposals shall be solicited through a request for proposal;
(3) Adequate public notice of the request for proposal shall be given in the same man ner as provided for competitive sealed bidding;
(4) Proposals shall be opened in the same manner as competitive sealed bids, provided that there is no disclosure of any information derived from proposals submitted by competing offerers. A register of proposals received shall be prepared and made avail able for public inspection in the purchasing department;
(5) The request for proposal shall state the relative importance of price and other eval uation factors;
(6) As provided in the request for proposal and under policies and procedures to be developed by the county, discussions may be conducted by the purchasing agent, in conjunction with the user department, with reasonable offerers who submit proposals determined by the purchasing agent, and written recommendation of the user depart ment, to be reasonably qualified for being selected for award; such discussions shall be for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Vendors who make offers, hereinafter referred to as offerors, shall be accorded fair and equal treatment with respect to any opportunity for

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JOURNAL OF THE SENATE

discussion and revision of proposals; and such revisions may be permitted after sub mission and prior to award for the purpose of obtaining best and final offers. In con ducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerers;
(7) The award shall be made by the board of commissioners to the responsible offerer whose proposal is determined, upon written recommendation by the county manager, the purchasing agent, and the user department, to be in the best interest of the county, taking into consideration price and the evaluation factors set forth in the request for proposal. No other factors or criteria shall be used in the evaluation. The contract file shall contain the name and complete identification of the successful offerer and the basis, in writing, upon which the award is made;
(8) When proposals are received from offerers pursuant to this section or when bids are received from bidders pursuant to Section 9 of this Act are unreasonable or unaccept able as to terms and conditions, or when the lowest responsible bid and offer exceeds available funds and it is determined in writing by the county manager and the purchasing agent, upon recommendations by the user department, that time or cir cumstances will not permit the delay required to resolicit competitive sealed bids and competitive sealed proposals, a contract may be negotiated and awarded by the board of commissioners pursuant to this section, provided that each responsible bidder or offeror who submitted a response to the original solicitation is notified of the determi nation and is given a reasonable opportunity to negotiate. The negotiated price shall be lower than the the lowest responsible rejected bid and offer of any responsible bidder and offeror under the original solicitation, provided that the board of commissioners may reject all bids or proposals if it shall deem it in the best interest of the county to do so;
(9) Within five days of the award of the contract, the purchasing agent shall publish the name of the successful bidder or offeror on public display in a conspicuous place in the purchasing department so that it may be easily seen by the public. The public notice shall also show the price or amount for which the contract was let; the work, labor, or service to be done; or the supplies, materials, or equipment to be furnished under the contract. All the information required to be placed on public display in a conspicuous place in the purchasing department shall also be recorded in a permanent book to be kept by the county in the purchasing department; such permanent record shall also contain information recording the names of persons whose bids or offers were rejected. Such records shall always be subject to public inspection upon written notice to the purchasing agent and subject to a reasonable response period by the county;
(10) After contracts have been awarded, the purchasing agent shall certify to various user departments and agencies of the county government the sources of the work, la bor, or service to be done or the supplies, materials, or equipment to be furnished by the contract; and
(11) On all competitive sealed proposals and competitive sealed bids pursuant to Sec tion 9 of this Act received or solicited by the county through its purchasing agent, the following certificate of independent price determination shall be signed and attached to the bid or proposal:
'I certify that this bid or proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same work, labor, or service to be done or the supplies, materials, or equipment to be fur nished and is in all respects fair and without collusion or fraud. I understand collu sive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damages awards. I agree to abide by all conditions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder.'

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729

SECTION 14C.

Notwithstanding any other provision of this Act, the purchasing agent, upon written rec ommendation by the user department and approval by the county manager, may make emergency procurement of work, labor, or service to be done or the supplies, materials, or equipment to be furnished when there exists a threat to public health, welfare, or safety; provided, however, that such emergency procurement shall be made with such competi tion as is practicable under the circumstances. A written determination of the basis of the emergency and rationale for the selection of the particular contractor shall be in cluded in the contract file. As soon as possible in such circumstances, a record of each such emergency procurement shall be made and shall set forth the contractor's name, the amount of payment and type of contract, a list of work, labor, or service to be done or the supplies, materials, or equipment to be furnished under the contract, and the identifica tion number of the contract file; and such information shall be forwarded to the board of commissioners for ratification and be made a part of the minutes of the next scheduled meeting of the board of commissioners."

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 47, 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 on the Senate General Consent Calendar For Population Bills, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Clay Crotts Dean Egan Farrow Gillis Glanton Gochenour

Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire Middleton

Newbill Oliver Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Cagle Cheeks

Day Edge Kemp

Perdue Ray (presiding) Taylor

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

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The bill on the Senate General Consent Calendar For Population Bills, having received the requisite constitutional majority, was passed by substitute.
Senator Gochenour of the 27th moved that Senator Cagle of the 49th be excused from the Senate today, due to a medical emergency.
On the motion, the yeas were 33, nays 0, and Senator Cagle of the 49th was excused from the Senate today.
SENATE RULES CALENDAR Friday, February 17, 1995
TWENTY-FIFTH LEGISLATIVE DAY
SB 279 Appellate Courts--providing of certain assistance (Judy--54th)
SB 288 Commercial Motor Vehicle--disqualification from driving (Pub Saf--24th)
SB 105 Guardians--authority in settlement of claims of minors (Substitute) (Judy-- 16th)
SR 131 Chatham County--conveyance of certain state property (F&PU--1st)
SB 305 Nonpublic Postsecondary Education Commission--relating to executive director (SubstituteXH Ed--4th)
SB 18 Campaign Contributions--relating to certain expenses (Substitute) (Ethics-- 56th)
SR 137 State Correctional System--five-year plan regarding operation (AmendmentXCorr--37th)
SB 154 DUI--alcohol/drug program for certain inmates (Amendment) (Corr--37th)
SB 256 Policy Council for Children and Families--create (Judy--12th)
SB 147 Appointment of Counsel, Guardian Ad Litem--incapacitated adults (Judy-- 42nd) Respectfully submitted, lal Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:
SB 279. By Senators Farrow of the 54th, Tanksley of the 32nd and Ralston of the 51st:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the rendering of assistance to appellate courts by senior appellate court Justices or Judges and senior judges of superior courts; to provide for the services of such additional Justices or Judges; to provide for practices and procedures.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, FEBRUARY 17, 1995

731

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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Clay Crotts Day Dean
Egan Farrow Gillis
Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Land
Langford Madden Marable
McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley
Thompson Turner Tysinger
Walker

Those not voting were Senators:

Abernathy Cagle (excused) Cheeks

Edge Kemp Ray (presiding)

Taylor Thomas

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

SB 288. By Senators Pollard of the 24th, Bowen of the 13th and Guhl of the 45th:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Driver's License Act," so as to change the provisions relating to disqualification from driving a commercial mo tor vehicle; to provide for disqualification from driving a commercial motor vehi cle based on violations of out-of-service orders.

Senator Pollard of the 24th offered the following amendment:
Amend SB 288 by adding on line 7 of page 1 between the first semicolon and the word "to" the following:
"to provide for enforcement;". By"(sgt)r"i,king from line 36 of page 2 the following:
and inserting in lieu thereof the following:

By"(s1t)r"i,king from line 39 of page 2 the following: an"d(Ai)n"s. erting in lieu thereof the following: By"(s2t)r"i,king from line 1 of page 3 the following: an"d(Bi)n"s. erting in lieu thereof the following:

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By"(s3t)r"i,king from line 5 of page 3 the following:

and inserting in lieu thereof the following: "(CT.
By adding between lines 9 and 10 of page 3 the following:
"(2) Whenever the operator of a commercial motor vehicle is issued an out-of-service order, a copy of such order shall be issued to the operator of the commercial motor vehicle and a copy or notice of such out-of-service order shall be provided to the depart ment. The form of such out-of-service order, the procedures for notifying the depart ment upon the issuance of such an order, and other matters relative to the issuance of out-of-service orders and violations thereof shall be provided in rules and regulations promulgated by the commissioner or board."
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:

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

Glanton Gochenour Griffin Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Cagle (excused) Guhl

Henson Starr

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

SB 105. By Senators Land of the 16th and Oliver of the 42nd:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for definitions; to provide for authority of guardians relating to settlement of the claims of minors; to provide for the juris diction of probate judges in appointing guardians and temporary guardians; to provide for bonds of guardians appointed by the probate court.

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733

The Senate Judiciary Committee offered the following substitute to SB 105:
A BILL
To be entitled an Act to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for definitions; to provide for authority of guardians relating to settlement of the claims of minors; to provide for the jurisdiction of probate court judges in appointing guardians and temporary guardians; to provide for bonds of guardians appointed by the probate court; to authorize clinical social workers and clinical nurse specialists in psychiatric/mental health to perform acts relating to evaluating allegedly incapacitated adults with regard to the appointment of guardians or temporary guardians or the modification or termination of guardianships; to provide for related mat ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by adding to Code Section 29-2-16, relating to power to compromise contested or doubtful claims, new subsections to read as follows:
"(c) In the event the gross settlement amount for a minor child's claim is $5,000.00 or less, the natural guardian of said minor child may execute and deliver to the person or entity against whom the minor has a claim a release of said claim without becoming the legally qualified guardian of the property and without such guardian's action being ap proved by a court of record.
(d) If legal action has not been initiated, the judge of the probate court may, in his or her discretion, authorize any natural guardian to compromise and terminate any claim where the gross settlement amount approved by the court is over $5,000.00 but the net settlement amount is less than $10,000.00 without becoming the legally qualified guard ian; provided, however, the natural guardian shall hold and use such money for the bene fit of the child and shall be accountable for same.
(e) If legal action has not been initiated and the net settlement is $10,000.00 or greater, the natural guardian must apply to become the legally qualified guardian and the pro posed settlement must be submitted to the probate court for approval.
(f) If legal action has been initiated through a natural guardian as next friend, a settle ment is proposed, and the gross settlement amount approved by the court is over $5,000.00 but the net settlement is less than $10,000.00, the judge before whom such action is pending may, in his or her discretion, authorize such natural guardian to com promise and terminate such claim and to receive any sums paid pursuant to a compro mise or judgment without becoming the legally qualified guardian by the probate court; provided, however, the natural guardian shall hold and use such money for the benefit of the child and shall be accountable for same.
(g) If legal action has been initiated through a natural guardian as next friend and a settlement has been proposed under subsection (f) of this Code section and the net settle ment amount is $10,000.00 or greater, or where the trial judge otherwise requires a le gally qualified guardian, the natural guardian shall apply to become the legally qualified guardian and shall file with the judge of the probate court an initial bond payable to the probate court in an amount set by the trial judge prior to compromising or terminating such claim or receiving any sums paid pursuant to a compromise or judgment.
(h) If no legal action has been instituted concerning a claim of a minor against any person or entity, a guardian who is not the natural guardian must obtain the approval of the probate court before compromising such claim. If legal action has been instituted con cerning a claim of a minor against any person or entity, a guardian who is not the natu ral guardian must obtain the approval of the judge before whom the action is pending

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before compromising such claim. Either the probate judge or the judge before whom the action is pending may appoint a guardian ad litem to look into the best interests of the minor before approving a compromise claim.
(i) If legal action has been instituted and the guardian and the defendant in such action have agreed upon a settlement, the settlement must be approved by the judge of the court before whom the action is pending. The guardian shall not be permitted to dismiss the action and present the settlement to the probate court for approval without the ap proval of the trial judge before whom the action is pending.
(j) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor child.
(k) The term 'net settlement' shall mean the gross settlement less attorneys' fees, ex penses of litigation, and medical expenses for the ward which will be paid from the settle ment proceeds. For purposes of determining whether a court must approve the settlement, the 'gross settlement' shall include the present value of amounts received after majority, but for purposes of whether a guardian of the property is necessary, 'gross settlement' and 'net settlement' shall not include amounts to be received after majority. In determining present value, the interest rate used shall be the rate of return set forth in any annuity which has been purchased as part of the settlement, and if no such annu ity is part of the settlement, the legal interest rate shall be used to determine present value."
SECTION 2.
Said title is further amended by striking subsection (d) of Code Section 29-4-2, relating to who are natural guardians of minors, which reads as follows:
"(d) Notwithstanding any provision in this Code section to the contrary, if the claim of a minor child arises from a personal injury sustained by such child, the following provi sions shall apply:
(1) In the event the amount of the settlement for the minor child's personal injuries is $5,000.00 or less, the natural guardian of said minor child may execute and deliver to the tort-feasor a release of said claim without becoming the legally qualified guardian of the property and without such guardian's action being approved by a court of record;
(2) If legal action has not been initiated, the judge of the probate court may, in his discretion, authorize any natural guardian to compromise and terminate any claim where the amount of the settlement approved by the court is at least $5,001.00 but not exceeding $10,000.00 without becoming the legally qualified guardian; provided, how ever, the natural guardian shall hold and use such money for the benefit of the child and shall be accountable for same;
(3) If legal action has been initiated against the tort-feasor for recovery of damages through a natural guardian as next friend, a settlement is proposed, and the amount of the settlement approved by the court is at least $5,001.00 but not exceeding $10,000.00, the judge before whom such action is pending may, in his discretion, au thorize such natural guardian to compromise and terminate such claim and to receive any sums paid pursuant to a compromise or judgment without becoming the legally qualified guardian by the probate court; provided, however, the natural guardian shall hold and use such money for the benefit of the child and shall be accountable for same. In cases in which the settlement exceeds $10,000.00 or where the trial judge otherwise requires a legally qualified guardian, the natural guardian shall apply to become the legally qualified guardian and shall file with the judge of the probate court an initial bond payable to the probate court in an amount set by the trial judge prior to compro mising or terminating such claim or receiving any sums paid pursuant to a compro mise or judgment; and
(4) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor child.",

FRIDAY, FEBRUARY 17, 1995

735

in its entirety.
SECTION 3..
Said title is further amended by striking subsection (a) of Code Section 29-4-4, relating to appointment of guardian by the judge of the probate court, in its entirety and inserting in its place the following:
"(a) The judge of the probate court of the county in which a minor having no guardian is domiciled shall have the power to appoint a guardian of the person and property, or either, of the child. Concurrently, the probate court where the minor is found shall have jurisdiction unless an interested party requests that the case be transferred to the county of the minor's domicile."
SECTION 4.
Said title is further amended by striking subsection (a) of Code Section 29-4-4.1, relating to appointment of temporary guardian, in its entirety and inserting in its place the following:
"(a)(l) The judge of the probate court of the county in which the person having actual pli.yhk.al cuhludy uf the minoi i asides minor is found shall have the power to appoint a temporary guardian of the person or property, or both, of the minor when the actual whereabouts of one or both of the minor's natural guardians are unknown or when the minor is alleged by the person having actual custody of such minor to be in need of a guardian and one or both of the natural guardians fail to sign a relinquishment of guard ianship rights. No temporary guardian shall be appointed unless proper notice as re quired in this Code section is given or if objection is filed by a natural guardian.
(2) If such minor is above the age of 14 years before a temporary guardian is appointed, the minor shall have the privilege of selecting a temporary guardian himself. If the selection is judicious, the judge of the probate court shall appoint the temporary guard ian so selected. Having once exercised this privilege, the ward may not do so again except upon cause shown for the removal of the temporary guardian first selected."
SECTION 5.
Said title is further amended by striking subsection (b) of Code Section 29-4-12, relating to bond of appointed guardians, in its entirety and inserting in its place the following:
"(b) A guardian appointed by the judge of the probate court shall give bond when so required with good and sufficient security, approved by the judge of the probate court and payable to the judge and his or her successors; provided, however, at the discretion of the judge of the probate court, no bond may be required when no cash funds will be received by the guardian during the ward's minority or where the only assets are real estate. If the guardian is for the person only, the court, in its discretion, may dispense with the requirement that the guardian give bond; and, in the event that bond is required, it shall not exceed $1,000.00. If the guardian is for the property or for the person and property of the ward, the court shall require before the issuance of letters of guardianship that the guardian give bond and security in double the supposed value of the ward's estate, pro vided that, if the bond is secured by a licensed commercial surety authorized to transact business in this state, the guardian may give bond in an amount equal to the value of the estate."
SECTION 6.
Said title is further amended by inserting a new Code Section to be designated Code Sec tion 29-5-14 to read as follows:
"29-5-14.
Any clinical social worker or clinical nurse specialist in psychiatric/mental health may perform any act specified by this chapter to be performed by a physician or psychologist. Any reference in any part of this chapter to a physician or psychologist acting under the

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provisions of Code Section 29-5-6, 29-5-8, or 29-5-9 shall be deemed to refer equally to a clinical social worker or a clinical nurse specialist in psychiatric/mental health acting under such Code section. For purposes of this Code section, the term 'clinical social worker' means any person authorized under the laws of this state to practice as a li censed clinical social worker, and the term 'clinical nurse specialist in psychiatric/mental health' means any person authorized under the laws of this state to practice as a regis tered professional nurse and who is recognized by the Georgia Board of Nursing to be engaged in advanced nursing practice as a clinical nurse specialist in psychiatric/mental health."

SECTION 7.

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 Black Blitch Boshears
Bowen Broun of 46th Brown of 26th
Burton Cheeks
Clay Crotts Day Dean
Edge Egan
Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison
Henson Hill Hooks
Isakson James
Johnson of 2nd Johnson of 1st Kemp Land
Langford Madden
Marable McGuire Middleton

Newbill Oliver Perdue Pollard
Ragan Ralston Ray
Scott Slotin
Starr Stokes Tanksley Taylor
Thomas Thompson
Turner Tysinger Walker

Not voting were Senators Abernathy and Cagle (excused).

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

SR 131. By Senator Johnson of the 1st:
A resolution authorizing conveyance of certain state-owned real property locat ed in Chatham County, Georgia, to Chatham County and the acceptance of cer tain real property owned by Chatham County located in Chatham County, Georgia, in consideration therefor.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

FRIDAY, FEBRUARY 17, 1995

737

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 Black Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean Edge Farrow Gillis Gochenour Griffin

Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Bowen Cagle (excused)

Egan Glanton

On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SB 305. By Senator Hill of the 4th:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to change a definition; to change the organization of the Nonpublic Postsecondary Education Commission and the manner of selecting the executive director thereof; to clarify a certain reference to the executive director; to provide for legislative findings.

The Senate Committee on Higher Education offered the following substitute to SB 305:

A BILL
To be entitled an Act to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to change a definition; to change the organization of the Nonpublic PostSecondary Education Commission and the manner of selecting the executive director thereof; to clarify a certain reference to the executive director; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
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," is amended by striking

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paragraph (11) of Code Section 20-3-250.2, relating to definitions, and inserting in its place the following:
"(11) "Executive director" means the executive director of the Georgia Student Finance Commission Nonpublic Postsecondary Education Commission."

SECTION 2.

Said part is further amended by striking subsection (a) of Code Section 20-3-250.5, relating to administration of the Nonpublic Postsecondary Education Commission, and inserting in its place the following:
"(a) The commission shall be a separate division of the Georgia Bliideiit Finance Commis sion and is assigned to the Georgia Student Finance Commission for administrative pur poses only. The commission shall be a budget unit of the executive branch of the state government."

SECTION 3.

Said part is further amended by striking the introductory language of subsection (c) of Code Section 20-3-250.5, relating to administration of the Nonpublic Postsecondary Educa tion Commission, which reads as follows:
"(c) The executive director of the Georgia Student Finance Commission shall be the exec utive director of the commission. The executive director shall administer the provisions of this part as provided in this subsection and as provided by rules, regulations, and policies of the commission. The executive director shall have the following powers and duties:",
and inserting in its place the following:
"(c) The executive director of the Nonpublic Postsecondary Education Commission shall be appointed by the Governor. The executive director shall administer the provisions of this part as provided in this subsection and as provided by rules, regulations, and policies of the commission. The executive director shall have the following powers and duties:".

SECTION 4.

Said part is further amended by striking subsection (f) of Code Section 20-3-250.10, relat ing to surety bonds, and inserting in its place the following:
"(f) In lieu of the surety bond provided for in subsections (a) and (b) of this Code section, the commission by rule or regulation may authorize the executive director to accept a property bond when a principal of the Nonpublic Postsecondary Educational Institutions owns property within the State of Georgia with sufficient equity therein to satisfy the requirements of subsection (b) of this Code section."

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour
Black Blitch Boshears Bowen

Broun of 46th
Burton Cheeks Clay Crotts

Day
Dean Edge Egan Farrow

FRIDAY, FEBRUARY 17, 1995

739

Gillis
Gochenour Griffin Guhl Harbison Henson Hill Hooks
Isakson James Johnson of 2nd Johnson of 1st Kemp

Land
Langford Madden Marable McGuire Middleton Newbill Oliver
Perdue Pollard Ragan Ralston

Ray
Scott Slotin Starr Stokes Tanksley Taylor Thomas
Thompson Turner Tysinger Walker

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Abernathy

Brown of 26th

Cagle (excused)

On the passage of the bill, the yeas were 52, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 18. By Senators Newbill of the 56th, Farrow of the 54th, Gochenour of the 27th and others:
A bill to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, so as to provide that ordinary and necessary expenses do not include payments for campaign services to the candidate or any entity distributing earnings to the candidate.

The Senate Committee on Ethics offered the following substitute to SB 18:

A BILL
To be entitled an Act to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, so as to provide that payment for certain services shall not constitute ordinary and necessary expenses for which cam paign funds may be expended; to prohibit the use of contributions to a candidate, a cam paign committee, or a public officer as payment for such services; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(aXl) Contributions to a candidate, a campaign committee, or a public officer holding elective office and any proceeds from investing such contributions shall be utilized only to defray ordinary and necessary expenses, which may include any loan of money from a candidate or public officer holding elective office to the campaign committee of such candidate or such public officer, incurred in connection with such candidate's campaign for elective office or such public officer's fulfillment or retention of such office.
(2) For purposes of this subsection, 'ordinary and necessary expenses' shall not include any payment for campaign consulting services or personal services performed by the candidate to any partnership, corporation, or other entity which distributes earnings

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or profits to the candidate or public officer. This paragraph shall not be construed to prohibit reimbursement at a reasonable rate for motor vehicle mileage or reimburse ment at a reasonable rate for the provision of tangible goods, material, or equipment, so long as such reimbursement is otherwise permissible under paragraph (1) of this subsection."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed. Senator Guhl of the 45th moved that SB 18 be placed on the Table.

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

Those voting in the affirmative were Senators:

Balfour Black Bowen
Broun of 46th Brown of 26th Day Edge Egan Gillis
Griffin

Guhl Harbison Isakson
James Johnson of 2nd Kemp Langford Madden Marable
Middleton

Ragan Ralston Scott
Slotin Stokes Thomas Turner Tysinger Walker

Those voting in the negative were Senators:

Blitch Boshears
Burton Cheeks Clay
Crotts Dean
Farrow

Glanton Gochenour
Hill Johnson of 1st Land
McGuire Newbill
Oliver

Perdue Pollard
Ray Starr Tanksley
Taylor Thompson

Those not voting were Senators:

Abernathy Cagle (excused)

Henson

Hooks

On the motion, the yeas were 29, nays 23; the motion prevailed, and SB 18 was placed on the Table.

SR 137. By Senators Clay of the 37th, Edge of the 28th, Land of the 16th and others:
A resolution directing the Department of Corrections to develop a five-year plan regarding the operation of the state correctional system.
The Senate Committee on Corrections, Correctional Institutions and Property offered the following amendment:
Amend SR 137 by striking in their entirety lines 16 and 17 of page 2 and inserting in lieu thereof the following:
"shall provide a copy of such plan to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the chairman of the Senate Committee on Corrections, Correctional Institutions and Property, and the chairman of the House Committee on State Institutions and Property."
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

FRIDAY, FEBRUARY 17, 1995

741

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

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin

Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Crotts

Day

Cagle (excused)

On the adoption of the resolution, the yeas were 52, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
Senator Blitch of the 7th introduced the doctor of the day, Dr. Richard Ceinza, of St. Marys, Georgia.
The Calendar was resumed.

SB 154. By Senators Clay of the 37th, Burton of the 5th, Land of the 16th and others:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to require the Department of Corrections to provide an Alcohol or Drug Use Risk Reduction Program; to provide that the program shall be made available to certain inmates; to provide that an inmate who was under the influence of alcohol or drugs shall not be considered for parole until such inmate has successfully completed an Alcohol or Drug Use Risk Reduction Pro gram.
The Senate Committee on Corrections, Correctional Institutions and Property offered the following amendment:
Amend SB 154 by striking in their entirety lines 6 through 8 on page 1 and inserting in lieu thereof the following:
"whose criminal offense or history indicates alcohol or drug involvement shall not be con sidered for parole until such".

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By striking from line 22 of page 1 the following:
"approved by the Department of Human Resources".
By striking in their entirety lines 24 through 26 on page 1 and inserting in lieu thereof the following:
"to the custody of the state whose criminal offense or history indicates alcohol or drug involvement;".
By adding on line 29 of page 1 between the word "death" and the period the following:
"or those deemed mentally incompetent".
By striking in their entirety lines 3 through 5 on page 2 and inserting in lieu thereof the following:
"'(g) An inmate whose criminal offense or history indicates alcohol or drug involvement shall not be considered".
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:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Cagle (excused)

Clay Madden

Thomas 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.

SB 256. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill 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 create the Georgia Policy Council for Children and Families; to provide for a short title; to provide for findings and intent; to provide for definitions; to provide for the se lection, qualifications, terms, compensation, and expenses of members of said council.

FRIDAY, FEBRUARY 17, 1995

743

Senator Broun of the 46th moved that the previous question be ordered on the bill; the motion prevailed, and the previous question was ordered.

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

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

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Cheeks Clay Dean Edge Egan Farrow Gillis Griffin Harbison

Henson Hill Hooks Isakson James Johnson of 2nd Kemp Langford Madden Marable Middleton Oliver Perdue Pollard

Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Burton Crotts Day

Glanton Gochenour Guhl

Johnson of 1st McGuire Newbill

Those not voting were Senators:

Black

Cagle (excused)

Land

On the passage of the bill, the yeas were 43, nays 10. The bill, having received the requisite constitutional majority, was passed.

The following bill was taken up to consider House action thereto:

SB 24. By Senators Hooks of the 14th, Ray of the 19th, Ragan of the llth and others:
A bill to amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for special purposes, so as to repeal the existing grant of the right of eminent domain to petroleum pipe line companies; to provide for legislative findings; to provide for definitions; to provide for conditions and restrictions on the use of eminent domain by petrole um pipelines.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for special purposes, so as to repeal the existing grant of the right of eminent domain to petroleum pipeline compa nies; to provide for legislative findings; to authorize the use of the power of eminent domain for petroleum pipelines; to provide for definitions; to provide for conditions and restrictions on the use of eminent domain by petroleum pipelines; to provide for procedures for the use

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of eminent domain by a petroleum pipeline company; to provide for notice and a hearing on the proposed siting of a pipeline; to provide for rules and regulations; 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 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for special purposes, is amended by striking Article 4, relat ing to construction and operation of petroleum pipelines, in its entirety and inserting in lieu thereof the following:
"ARTICLE 4
22-3-83.
The power of eminent domain may be exercised by persons who are or may be engaged in constructing or operating pipelines for the transportation or distribution of natural or artificial gas and by persons who are or may be engaged in furnishing natural or artificial gas for heating, lighting, or power purposes in the State of Georgia."
SECTION 2.
Said chapter is further amended by striking Article 4 in its entirety and inserting in lieu thereof a new Article 4 to read as follows:
"ARTICLE 4
22-3-80.
The General Assembly finds and declares that, based on an authorized study by the Pe troleum Pipeline Study Committee created by the General Assembly, while petroleum pipelines are appropriate and valuable for use in the transportation of petroleum and petroleum products, there are certain problems and characteristics indigenous to such pipelines which require the enactment and implementation of special procedures and restrictions on petroleum pipelines and related facilities as a condition of the grant of the power of eminent domain to petroleum pipeline companies. 22-3-81.
As used in this article:
(1) 'Pipeline' means a pipeline constructed or to be constructed as a common carrier in interstate or intrastate commerce for the transportation of petroleum or petroleum products in or through this state.
(2) Tipeline company' means a corporation organized under the laws of this state or which is organized under the laws of another state and is authorized to do business in this state and which is specifically authorized by its charter or articles of incorporation to construct and operate pipelines for the transportation of petroleum and petroleum products.
(3) 'Pipeline facility' or 'pipeline facilities' means and includes the pipeline and all equipment or facilities, including lateral lines, essential to the operation of the pipeline but shall not include any storage tank or storage facility which is not being constructed as a part of the operation of the pipeline. 22-3-82.
(a) Subject to the provisions and restrictions of this article, pipeline companies are granted the right to acquire property or interests in property by eminent domain for the construction, reconstruction, operation, and maintenance of pipelines in this state; pro vided, however, that prior to instigating eminent domain proceedings or threatening to

FRIDAY, FEBRUARY 17, 1995

745

do so, the pipeline company shall cause to be delivered to each landowner whose property may be condemned a written notice containing the following language in boldface type:
'CODE SECTIONS 22-3-80 THROUGH 22-3-87 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED PROVIDE SPECIFIC REQUIREMENTS WHICH MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES BEFORE THEY MAY EXERCISE THE RIGHT TO CONDEMN YOUR PROPERTY. THOSE CODE SEC TIONS ALSO PROVIDE SPECIFIC RIGHTS FOR YOUR PROTECTION. YOU SHOULD MAKE YOURSELF FAMILIAR WITH THOSE REQUIREMENTS AND YOUR RIGHTS PRIOR TO CONTINUING NEGOTIATIONS CONCERNING THE SALE OF YOUR PROPERTY TO A PETROLEUM PIPELINE COMPANY.'
(b) The restrictions and conditions imposed by this article on the exercise of the power of eminent domain by petroleum pipeline companies shall not apply to relocations of pipe lines necessitated by the exercise of a legal right by a third party or to any activities incident to the maintenance of an existing pipeline or existing pipeline right of way. A pipeline company shall have a right of reasonable access to property proposed as the site of a pipeline for the purpose of conducting a survey of the surface of such property for use in determining the suitability of such property for placement of a pipeline.
(c) After obtaining the certificate of convenience and necessity provided for in Code Sec tion 22-3-83 and after complying with the notice requirements set forth in subsection (a) of this Code section, a pipeline company shall have a right of reasonable access to any property proposed as the site of a pipeline for the purpose of conducting additional sur veying which may be necessary in preparing its submission to the Department of Natural Resources as provided for in Code Section 22-3-84.
(d) The owner of any property or property interest which is entered by a pipeline com pany for the purpose of surveying such property, as allowed herein, or for access to or maintenance or relocation of an existing pipeline shall have the right to be compensated for any damage to such property incident to such entry. Any survey conducted pursuant to this article shall be conducted in such a fashion as to cause minimal damage to the property surveyed.
22-3-83.
(a) Before exercising the right of eminent domain as authorized in this article, a pipeline company shall first obtain from the commissioner of transportation or the commissioner's designee a certificate of public convenience and necessity that such action by the pipeline company is authorized. Such certificate shall not be unreasonably withheld.
(b) The commissioner shall prescribe regulations pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' relative to the requirements for obtaining a cer tificate of public convenience and necessity which shall include:
(1) A requirement that the application for such certificate shall include a description of the proposed project including its general route, a description of the public convenience and necessity which support the proposed pipeline route, the width of the proposed pipeline corridor up to a maximum width of one-third mile, and a showing that use of the power of eminent domain may be necessary to construction of the pipeline, and a showing that the public necessity for the petroleum pipeline justifies the use of the power of eminent domain;
(2) A provision for reasonable public notice of the application and the proposed route;
(3) Provision for a hearing on the application and the filing and hearing of any objec tions to such application;
(4) A requirement that all hearings shall be held and a final decision rendered on any application not later than 90 days from the date of the publication of notice required in paragraph (2) of this subsection;
(5) Such other reasonable requirements as shall be deemed necessary or desirable to a proper determination of the application.

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(c) In the event the application is not approved or denied within the time period provided for in paragraph (4) of subsection (b) of this Code section, the application shall be deemed to be approved by operation of law.
(d) The approval and issuance of the certificate of public convenience and necessity shall not be subject to review. The denial of the certificate may be reviewed by a judge of the superior court of the county in which the pipeline company has an agent and place of doing business. The review shall be by petition filed within 30 days of the date of disap proval of the application and shall be determined on the basis of the record before the commissioner. The action of the commissioner shall be affirmed if supported by substan tial evidence.
22-3-84.
(a) In addition to obtaining a certificate as required in Code Section 22-3-83, a pipeline company shall, prior to the exercise of the power of eminent domain, obtain a permit from the director of the Environmental Protection Division of the Department of Natural Resources as provided in this Code section.
(b) The Board of Natural Resources shall, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' issue rules and regulations governing the ob taining of the permit provided for in subsection (a) of this Code section which shall include:
(1) Reasonable public notice to an owner of property who, after reasonable efforts, can not personally be given the notice in subsection (a) of Code Section 22-3-82;
(2) Reasonable public notice of the filing of an application for a permit;
(3) Provisions for hearings on all applications for such permits; and
(4) A requirement that no such permit shall be granted by the division unless, prior to the construction of any portion of the petroleum pipeline project for which the use of the power of eminent domain may be required, the pipeline company has submitted the proposed siting of such portion of the pipeline project to the division with appropri ate notices thereof to affected parties and unless the division director determines after a hearing that the location, construction, and maintenance of such portion of the pipe line is consistent with and not an undue hazard to the environment and natural re sources of this state, determined in accordance with the factors set forth in subsection (c) of this Code section.
(c) In making the decision required by paragraph (4) of subsection (b) of this Code sec tion, the director shall determine:
(1) Whether the proposed route of such portion of the pipeline is an environmentally reasonable route;
(2) Whether other corridors of public utilities already in existence may reasonably be used for the siting of such portion of the pipeline;
(3) The existence of any local zoning ordinances and that such portion of the project will comply with those ordinances unless to require such compliance would impose an unreasonable burden on the project as weighed against the purpose of such ordinances; and
(4) That ample opportunity has been afforded for public comment, specifically includ ing but not limited to comment by the governing body of any municipality or county within which the proposed project or any part thereof is to be located.
(5) Such reasonable conditions to the permit as will allow the monitoring of the effect of the petroleum pipeline upon the property subjected to eminent domain and the sur rounding environment and natural resources.
(d) In the event an application under this Code section is not approved or denied within 120 days of the date of the publication of notice required in paragraph (1) of subsection

FRIDAY, FEBRUARY 17, 1995

747

(b) of this Code section, the application shall be deemed to be approved by operation of law.
22-3-85.

All hearings and appeals on applications for certificates and permits required under this article shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Admin istrative Procedure Act,' provided that if the final decision of the Administrative Law Judge on any appeal is not rendered within 120 days from the date of filing of a petition for review, the decision of the director shall be affirmed by operation of law; and provided further that judicial review of the approval or denial of an application under Code section 22-3-84 shall be governed by Code section 12-2-1.
22-3-86.

When a pipeline company which has obtained the certification and permits required in this article is unable to acquire the property or interest required for such certified or permitted project after reasonable negotiation with the owner of such property or inter est, the company may acquire such property or interest by the use of the condemnation procedures authorized by Chapter 2 of this title.
22-3-87.

If the portion of the petroleum pipeline route chosen and approved pursuant to Code section 22-3-84 unreasonably impacts any other property of the same owner which is not acquired by eminent domain as a part of such portion of the project, there shall be a right of compensation available under the laws of eminent domain for the fair market value of any such damage upon the trial of the case of the parcel taken.
22-3-88.

The power of eminent domain may be exercised by persons who are or may be engaged in constructing or operating pipelines for the transportation or distribution of natural or artificial gas and by persons who are or may be engaged in furnishing natural or artificial gas for heating, lighting, or power purposes in the State of Georgia."

SECTION 3.

Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 2 of this Act shall become effective July 1, 1995.

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 24.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts

Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson

Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable Middleton Newbill

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Oliver Perdue Pollard Ragan Ralston Ray

Scott Slotin Starr Stokes Tanksley Taylor

Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Cagle (excused)

Hill

McGuire

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 24.

The Calendar was resumed.

SB 147. By Senators Oliver of the 42nd, Hill of the 4th, Marable of the 52nd and Thomas of the 10th:
A bill to amend Chapters 1 and 5 of Title 29 of the Official Code of Georgia Annotated, relating respectively to general provisions relative to guardians and guardians of incapacitated adults, so as to prohibit the same person from being appointed counsel and guardian ad litem for a ward, proposed ward, or allegedly incompetent or incapacitated person; to strike provisions relating to payment of a person who serves both functions for a ward, proposed ward, or allegedly inca pacitated or incompetent person.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Black

Day

Scott

Cagle (excused)

Hill

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

FRIDAY, FEBRUARY 17, 1995

749

Senator Perdue of the 18th moved that, pursuant to HR 18, adopted previously, the Senate stand in recess until 5:00 P.M. today, and at that time stand adjourned until 10:00 A.M. on Monday, February 20, 1995; the President announced that the motion prevailed at
11:15 A.M.

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Senate Chamber, Atlanta, Georgia Monday, February 20, 1995
Twenty-sixth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Ray of the 19th, President Pro Tempore.
Senator Marable of the 52nd reported that the Journal of Friday, February 17, 1995 proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 738. By Representative Greene of the 158th:
A bill to amend an Act creating a new charter for the City of Lumpkin, so as to change the corporate limits of the city.
HB 741. By Representative Barnard of the 154th:
A bill to provide a new charter for the City of Hagan.
HB 753. By Representative Shanahan of the 10th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Gordon County.
HB 516. By Representatives Powell of the 23rd, Watson of the 139th, Towery of the 30th, Brush of the 112th, Dixon of the 150th and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to change the provisions relat ing to ticket scalping and ticket selling; to make it unlawful for any person other than a ticket agent, ticket broker, or ticket seller to sell or offer for sale any ticket to any event.
HB 134. By Representatives Walker of the 141st, McKinney of the 51st, Smith of the 175th, Godbee of the 145th, Royal of the 164th 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 certain educators shall not be liable for any civil damages for, or arising out of, any act or omission concerning, relating to, or resulting from the discipline of any student, except for acts or omissions of willful or wanton negligence or mis conduct.
HB 640. By Representatives Stallings of the 100th, Mobley of the 86th and DeLoach of the 172nd:
A bill to amend Article 3 of Chapter 5 of Title 47 of the Official Code of Georgia Annotated, relating to retirement plans under the Georgia Municipal Employ ees Benefit System, so as to provide a limitation on employee contributions.

MONDAY, FEBRUARY 20, 1995

751

HB 571. By Representatives Greene of the 158th, Bostick of the 165th and Powell of the 23rd:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, and to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, so as to provide for the issu ance, at the option of the owner, of permanent license plates for trailers used as or in connection with a motor vehicle, truck, or tractor used as a private carrier or a motor carrier of property.
HB 175. By Representatives Culbreth of the 132nd, Buck of the 135th, Smyre of the 136th, Royal of the 164th, Bates of the 179th and others:
A bill to amend Code Section 48-13-10 of the Official Code of Georgia Annotated, relating to determining the amount of occupation tax levied by local govern ments, so as to authorize businesses and practitioners to be classified by more than one criterion.
HB 684. By Representatives Trense of the 44th, Buck of the 135th, Skipper of the 137th and Towery of the 30th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, so as to provide for an exemption from state sales and use taxation for certain sales by parent-teacher organizations.
HB 576. By Representatives Dobbs of the 92nd, Lane of the 146th, Barfoot of the 155th, Godbee of the 145th, Bargeron of the 120th and others:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change the provisions relating to the membership and organization of the State Properties Commis sion.
HB 53. By Representatives Grindley of the 35th, Klein of the 39th and Ehrhart of the 36th:
A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, and Chapter 25 of Title 50 of the Official Code of Georgia An notated, relating to the GeorgiaNet Authority, so as to provide for public distri bution of legislative information in electronic format.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 316. By Representatives Smith of the 175th, Smith of the 174th, Smith of the 169th, Tillman of the 173rd, Day of the 153rd and others:
A resolution urging the National Park Service to take certain actions regarding Cumberland Island and the City of St. Marys.

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The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 378. By Senators Ralston of the 51st, Edge of the 28th, Newbill of the 56th and others:
A bill to provide for legislative intent; 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 when the income of certain persons living with a family receiv ing assistance under such article will be considered for purposes of determining that family's eligibility for such assistance; to provide for waivers and effective dates.
Referred to Committee on Health and Human Services.
SB 379. By Senators Ralston of the 51st, Edge of the 28th, Newbill of the 56th 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 prohibit the denial of assistance under the Act to families wherein the principal wage earner is em ployed 100 hours a month or more; to provide for waivers and effective dates.
Referred to Committee on Health and Human Services.
SB 380. By Senators Ralston of the 51st, Edge of the 28th, Newbill of the 56th 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 change the provisions requiring certain applicants for public assistance to live in the home of their parents or guardians so as to impose those requirements upon recipients of such assistance; to change the provisions relating to inapplicability; to provide for waivers and effective dates.
Referred to Committee on Health and Human Services.
SB 381. By Senators Ralston of the 51st, Edge of the 28th, Newbill of the 56th 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 require certain statis tical summaries regarding certain means-tested programs; to provide for sample surveys of certain assistance recipients; to require cooperation of state depart ments and agencies.
Referred to Committee on Health and Human Services.
SB 382. By Senators Ralston of the 51st, Edge of the 28th, Newbill of the 56th 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 change the provisions relating to when the birth of a child disqualifies recipients of public assistance from certain additional benefits; to provide for waivers and effective dates.
Referred to Committee on Health and Human Services.

MONDAY, FEBRUARY 20, 1995

753

SB 383. By Senators Ralston of the 51st, Edge of the 28th, Newbill of the 56th and others:
A bill to provide for legislative findings and intent; to amend Article 5 of Chap ter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Dependent Children Act," so as to change a definition and terminate money payments.
Referred to Committee on Health and Human Services.
SB 384. By Senators Ralston of the 51st, Edge of the 28th, Newbill of the 56th and others:
A bill to amend Code Section 49-4-116 of the Official Code of Georgia Annotated, relating to the Work for Welfare Program, so as to provide for the program to be designed for and implemented throughout the state; to provide for ineligibility of participants to receive public assistance; to provide for waivers and effective dates.
Referred to Committee on Health and Human Services.
SB 385. By Senators Gillis of the 20th, Dean of the 31st and Ray of the 19th:
A bill to amend Code Section 12-5-372 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Safe Dams Act of 1978", so as to extend a certain exemption from such Act.
Referred to Committee on Natural Resources.
SB 386. By Senator Oliver of the 42nd:
A bill to amend Code Section 16-8-14 of the Official Code of Georgia Annotated, relating to theft by shoplifting, so as to increase the maximum property value for misdemeanor shoplifting from $100.00 to $250.00.
Referred to Committee on Judiciary.
SB 387. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to enact the Southern Regional Emer gency Management Compact; to provide a short title; to provide for the purpose and authorities of said compact; to provide for general implementation; to pro vide for the responsibilities of each state which is a party to the compact; to provide for limitations; to provide for licenses and permits; to provide for liabili ties and immunities.
Referred to Committee on Public Safety.
SB 388. By Senator Boshears of the 6th:
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 demonstra tion projects in the PEACH program which utilize PEACH services contracts and provide for the use and repayment of those services contracts; to provide for reports; to provide for demonstration projects for different standards of need for recipients of such aid who have income and provide for a different manner of computing assistance grants to those recipients.
Referred to Committee on Health and Human Services.

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SB 389. By Senator Thomas of the 10th:
A bill to amend Chapter 11 ofTitle 43 of the Official Code of Georgia Annotated, relating to dentists, dental hygienists, and dental assistants, so as to provide for an additional definition; to change the provisions relating to supervision of den tal hygienists and the procedures which they may perform; to change the provi sions relating to unlicensed practice of dental hygiene.
Referred to Committee on Health and Human Services.
SB 390. By Senator Cheeks of the 23rd:
A bill to provide that the governing authority of Richmond County shall be a board of commissioners consisting of a chairperson-mayor and eight members; to designate the board as the Augusta-Richmond County Commission-Council and the members of the board as commissioners-councilpersons; to provide that the commission-council shall exercise the rights, powers, and duties as the gov erning authority of Richmond County with both county and municipal powers.
Referred to Committee on State and Local Governmental Operations.
SR 232. By Senators Burton of the 5th, Hill of the 4th, Pollard of the 24th and others:
A resolution urging the State Board of Education to designate Veterans Day as a school holiday.
Referred to Committee on Education.
SR 236. By Senators Farrow of the 54th, McGuire of the 30th, Thompson of the 33rd, Isakson of the 21st and Hill of the 4th:
A resolution proposing an amendment to the Constitution so as to reserve to the people of the state the power to propose laws and to enact or reject the same; to provide procedures and restrictions connected therewith; to provide for the sub mission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.
The following bills and resolution of the House were read the first time and referred to committees:

HB 53. By Representatives Grindley of the 35th, Klein of the 39th and Ehrhart of the 36th:
A bill to amend Article 2 of Chapter 3 ofTitle 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, and Chapter 25 ofTitle 50 of the Official Code of Georgia An notated, relating to the GeorgiaNet Authority, so as to provide for public distri bution of legislative information in electronic format.
Referred to Committee on Science, Technology and Industry.

MONDAY, FEBRUARY 20, 1995

755

HB 134. By Representatives Walker of the 141st, McKinney of the 51st, Smith of the 175th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide that certain educators shall not be liable for any civil damages for, or arising out of, any act or omission concerning, relating to, or resulting from the discipline of any student, except for acts or omissions of willful or wanton negligence or mis conduct.
Referred to Committee on Education.
HB 175. By Representatives Culbreth of the 132nd, Buck of the 135th, Smyre of the 136th and others:
A bill to amend Code Section 48-13-10 of the Official Code of Georgia Annotated, relating to determining the amount of occupation tax levied by local govern ments, so as to authorize businesses and practitioners to be classified by more than one criterion.
Referred to Committee on Finance and Public Utilities.
HB 516. By Representatives Powell of the 23rd, Watson of the 139th, Towery of the 30th and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to change the provisions relat ing to ticket scalping and ticket selling; to make it unlawful for any person other than a ticket agent, ticket broker, or ticket seller to sell or offer for sale any ticket to any event.
Referred to Committee on Consumer Affairs.
HB 571. By Representatives Greene of the 158th, Bostick of the 165th and Powell of the 23rd:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, and to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, so as to provide for the issu ance, at the option of the owner, of permanent license plates for trailers used as or in connection with a motor vehicle, truck, or tractor used as a private carrier or a motor carrier of property.
Referred to Committee on Transportation.
HB 576. By Representatives Dobbs of the 92nd, Lane of the 146th, Barfoot of the 155th and others:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change the provisions relating to the membership and organization of the State Properties Commis sion.
Referred to Committee on Finance and Public Utilities.

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HB 640. By Representatives Stallings of the 100th, Mobley of the 86th and DeLoach of the 172nd:
A bill to amend Article 3 of Chapter 5 of Title 47 of the Official Code of Georgia Annotated, relating to retirement plans under the Georgia Municipal Employ ees Benefit System, so as to provide a limitation on employee contributions.
Referred to Committee on Retirement.
HB 684. By Representatives Trense of the 44th, Buck of the 135th, Skipper of the 137th and Towery of the 30th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, so as to provide for an exemption from state sales and use taxation for certain sales by parent-teacher organizations.
Referred to Committee on Finance and Public Utilities.
HB 738. By Representative Greene of the 158th:
A bill to amend an Act creating a new charter for the City of Lumpkin, so as to change the corporate limits of the city.
Referred to Committee on State and Local Governmental Operations.
HB 741. By Representative Barnard of the 154th:
A bill to provide a new charter for the City of Hagan.
Referred to Committee on State and Local Governmental Operations.
HB 753. By Representative Shanahan of the 10th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Gordon County.
Referred to Committee on State and Local Governmental Operations.
HR 316. By Representatives Smith of the 175th, Smith of the 174th, Smith of the 169th and others:
A resolution urging the National Park Service to take certain actions regarding Cumberland Island and the City of St. Marys.
Referred to Committee on Natural Resources.
The following reports of the standing committees were read by the Secretary:
Mr. President: The Committee on Natural Resources has had under consideration the following bill of
the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 251. Do pass as amended.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

MONDAY, FEBRUARY 20, 1995

757

Mr. President:

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

HB 254. Do pass by substitute.

HB 314. 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 of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SR 77. Do pass.

SR 164. Do pass.

SR 14. Do pass.

SR 101. Do pass.

Respectfully submitted, Senator Scott of the 36th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation 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 328. Do pass.

HB 698. Do pass.

SB 349. Do pass.

SB 364. Do pass.

HB 575. Do pass.

SB 371. Do pass.

HB 284. Do pass by substitute.

SB 345. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

SB 95 SB 319 HB 87 HB 454

SB 262 SB 320 HB 120 HB 455

SB 265 SB 331 HB 219 HB 489

SB 307 SB 337 HB 221 HR 261

SB 309 SR 157 HB 255

SB 318 HB 41 HB 262

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

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay

Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl

Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford

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Madden Marable McGuire Middleton Newbill Oliver Pollard

Ragan Ralston Scott Slotin Starr Stokes

Those not answering were Senators:

Abernathy Perdue

Ray (presiding)

Tanksley Taylor Thomas Turner Tysinger Walker
Thompson

The President assumed the Chair.
The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Ralston of the 51st introduced the chaplain of the day, Reverend Harold Willis, pastor of Blue Ridge First Baptist Church, Blue Ridge, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:

SR 233. By Senators Hill of the 4th and Ragan of the llth:
A resolution commending Dr. Sherri L. Becker, President of the Georgia Optometric Association.

SR 234. By Senator Hill of the 4th:
A resolution commending the Screven County High School Gamecocks football team.

SR 235. By Senator Hill of the 4th: A resolution commending Glennville Elementary School.

SR 237. By Senator Farrow of the 54th:
A resolution commending Honorable Charles Nathan Poag.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Monday, February 20, 1995
TWENTY-SIXTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

MONDAY, FEBRUARY 20, 1995

759

SB 328 Tanksley, 32nd Thompson, 33rd Isakson, 21st Abernathy, 38th Clay, 37th COBB COUNTY
Amend an Act to change the appointment and terms of office of certain members of Cobb County-Marietta Water Authority.
SB 349 Ralston, 51st GILMER COUNTY
An Act to create a board of commissioners of Gilmer County.
HB 575 Bowen, 13th Ray, 19th BEN HILL COUNTY
Amend an Act to change the compensation of the chairperson and commission ers of Ben Hill County.
*HB 284 Scott, 36th Slotin, 39th Egan, 40th Newbill, 56th James, 35th Abernathy, 38th FULTON COUNTY
Amend an Act to provide for a change in the method of compensation of parttime magistrates in Fulton County. (SUBSTITUTE)
HB 698 D. Johnson, 2nd E. Johnson, 1st CHATHAM COUNTY
Amend an Act providing for change in provisions relating to compensation for certain officials in Chatham County.
SB 364 Crotts, 17th Guhl, 45th ROCKDALE COUNTY
A bill to provide for the powers and duties of the Board of Elections of Rockdale County.
SB 371 Farrow, 54th Black, 53rd WHITFIELD COUNTY
To amend an Act to provide for staggered terms of office for members of the Board of Commissioners.

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SB 345 Crotts, 17th Guhl, 45th ROCKDALE COUNTY
Amend an Act so as to provide that the county law library fees shall be charged and collected in cases in the magistrate court of Rockdale County.

The substitute to the following bill was put upon its adoption:
*HB 284
The Senate State, Local and Governmental Operations Committee offered the follow ing substitute to HB 284:

A BILL
To be entitled an Act to amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, particularly by an Act approved March 28, 1984 (Ga. L. 1984, p. 4952), so as to provide for a change in the method of compensation of part-time magistrates; 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 magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, particularly by an Act approved March 28, 1984 (Ga. L. 1984, p. 4952), is amended by striking Section 2A thereof in its entirety and in serting in lieu thereof a new Section 2A to read as follows:

"SECTION 2A.

In addition to the full-time magistrates authorized by Sections 1 and 2 of this Act, the chief judge of the State Court of Fulton County may, upon the recommendation of the chief magistrate of the magistrate court, appoint part-time magistrates from time to time to serve under the direction of the chief magistrate. Said part-time magistrates shall, when serving, exercise all the functions of magistrate. Such part-time magistrates shall be compensated in the amount of $125.00 per day. The chief judge of the State Court of Fulton County in accordance with the budget laws of Fulton County can at his or her discretion adjust such salary to a maximum of $250.00 per day."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 51, nays 0, and the committee substi tute 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:

Balfour Black Blitch Boshears Broun of 46th Burton

Cagle Cheeks Clay Crotts Day Dean

Edge Egan Farrow Gillis Gochenour Griffin

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761

Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford

Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray

Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Bowen

Brown of 26th Glanton

Henson

On the passage of all the local bills, the yeas were 51, nays 0.
All the bills on the Senate Local Consent Calendar, except HB 284, having received the requisite constitutional majority, were passed.
HB 284, having received the requisite constitutional majority, was passed by substitute.

SENATE RULES CALENDAR
Monday, February 20, 1995 TWENTY-SIXTH LEGISLATIVE DAY

SR 44 Arthur Langford, Jr., Memorial Parkway--designate (Trans--35th)
SR 67 Robert L. Brown Bridge--designate (Trans--51st)
SR 85 Interstate 85--designate portion as Veterans Parkway (Trans--48th)
SR 123 Purple Heart Highway--designate (Trans--45th)
SR 132 Wade R. Milam, Jr., Bridge--designate bridge on Highway 109 (Trans--29th)
SB 326 Workers' Compensation--rates under assigned risk plan (Substitute) (I&L-- 29th)
SB 299 Reemployment Rights in Private Industry--military duty absence (D&VA-- 15th)
SB 145 Agency--statutory form for financial power of attorney (Judy--42nd)
SB 146 Incapacitated Adults--criterion regarding guardian appointment (Judy--42nd)
SB 7 Alimony, Child Support--contempt sentencing of certain employed (Substitute) (Judy--45th)
SB 280 Motor Vehicle Registration--staggered over 12 month period (Substitute) (Trans--33rd)
SB 250 Driver's License--exempt certain persons taking driving lessons (Pub Saf-- 55th)
SB 138 Business and Nonprofit Corporations--reinstatement after administrative dis solution (Substitute) (S Judy--24th)

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SB 338 Tax Sales--nonjudicial tax foreclosure, in rem tax foreclosure (F&PU--39th)
SB 182 Civil Actions--consolidation of actions (Judy--54th)
SR 136 Balanced Budget Amendment--urge U.S. Senate adopt (SLGO-G--48th)
SB 198 False Identification Documents--possession unlawful (Amendment) (S Judy-- 54th)
SB 161 City, County Property Not Needed for Public Roads--sale (Amendment) (F&PU--37th)
SB 255 (Property Damage by Minor--liability of parent, guardian (Substitute) (Judy-- 51st)
SB 231 Civil Practice--venue under long-arm statute for nonresidents (Judy--51st)
SB 211 DUI Conviction--distinguishable driver's license (Judy--35th)
SB 180 Interest and Usury--interest on judgments (Judy--54th)
SB 98 Drivers' Licenses--minors must be enrolled in school (Substitute) (Pub Saf-- 6th)
SB 55 CPR--orders not to resuscitate (Substitute) (Judy--1st) Respectfully submitted,
/s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:

SR 44. By Senators James of the 35th, Scott of the 36th, Ray of the 19th and others:

A resolution commending the late Senator Arthur Langford, Jr., and designat ing the Arthur Langford, Jr., Memorial Parkway.

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 Black Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land

Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley

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763

Taylor Thomas

Thompson Turner

Tysinger Walker

Not voting were Senators Bowen and Ray.

On the adoption of the resolution, the yeas were 54, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 67. By Senator Ralston of the 51st:

A resolution designating the Robert L. Brown Bridge.

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

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

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Perdue Pollard Ragan Ralston Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen Henson

Newbill Oliver

Starr

On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 85. By Senators Day of the 48th and Balfour of the 9th:

A resolution designating a certain portion of Interstate Highway 85 as the Vet erans Parkway.

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 Black Blitch Boshears Broun of 46th

Brown of 26th Burton Cagle Cheeks Clay Crotts

Day Dean Edge Egan Farrow Gillis

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Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st

Kemp Land Langford Madden Marable McGuire Middleton Newbill Perdue Pollard Ralston

Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen Oliver

Ragan

Starr

On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 123. By Senators Guhl of the 45th and Crotts of the 17th:

A resolution designating the Purple Heart Highway.

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 Black
Blitch Boshears Broun of 46th Brown of 26th Burton
Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin
Guhl Harbison Henson Hill Hooks Isakson
James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver
Perdue Pollard
Ragan Ralston
Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Not voting was Senator Bowen.

On the adoption of the resolution, the yeas were 55, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 132. By Senators Langford of the 29th and Edge of the 28th:
A resolution designating the bridge on State Highway 109 over West Point Lake the Wade R. Milam, Jr., Bridge.

MONDAY, FEBRUARY 20, 1995

765

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 Black Boshears Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Guhl Harbison Henson Hill Hooks Isakson Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire Middleton Newbill Oliver

Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch Bowen

Broun of 46th Griffin

James Kemp

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

SB 326. By Senators Langford of the 29th, Tysinger of the 41st, Isakson of the 21st and Ray of the 19th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liability general ly, so as to provide that rates under the assigned risk plan for workers' compen sation shall be set at certain levels in accordance with accepted actuarial stan dards; to provide a definition; to provide standards for rates under the assigned risk plan for workers' compensation.

The Senate Committee on Insurance and Labor offered the following substitute to SB 326:

A BILL
To be entitled an Act to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liability generally, so as to provide that rates under the assigned risk plan for workers' compensation shall be set at certain levels in accordance with accepted actuarial standards; to provide a defini tion; to provide standards for rates and policies under the assigned risk plan for workers' compensation; to provide that the administrator of such plan shall prepare annually an actuarial certification of the plan operations for the prior year; to provide for surcharges in the event of a deficit with regard to the plan; to provide for rules and regulations; to provide for other matters relating to the assigned risk plan for workers' compensation; 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.
Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liability generally, is amended by striking Code Sec tion 34-9-133, relating to the apportionment and assignment of rejected risks, and in serting in its place a new Code Section 34-9-133 to read as follows:
"34-9-133.
(a) The board shall prescribe the rules and regulations for apportioning rejected workers' compensation policies and may establish an equitable assignment of such policies and enforce such provisions; provided, however, the Commissioner of Insurance is authorized to establish or approve a method to apportion on a pro rata basis any rejected workers' compensation policy where four insurers duly authorized to write workers' compensation insurance refused, in writing, to issue the workers' compensation policy to cover said risk or where the agent for the applicant for such insurance confirms in writing to the four insurers their refusal to cover said risk. In formulating this method of assignment, a minimum loss ratio will be considered by the Commissioner of Insurance. Then, such established or approved method shall immediately assign an insurer to write such risk. The Commissioner of Insurance shall establish separate categories of risks rejected as the result of insufficient prior workers' compensation experience, risks rejected for fac tors other than workers' compensation loss experience, and risks rejected as the result of poor workers' compensation experience. Where such assignment has been made under the aforementioned method, the board shall not make the assignment.
(b) The method of apportioning and assigning rejected workers' compensation insurance policies provided in subsection (a) of this Code section shall include the assignment and apportionment of such policies covering vendors who provide logging services to a named insured or covering an association of such vendors.
(c)(l) The method of apportioning and assigning rejected workers' compensation insur ance policies provided in subsections (a) and (b) of this Code section shall be known as tFe 'Workers' Compensation Assigned Risk Insurance Plan' or 'Plan.' All policies is sued under the Plan shall have the words 'Georgia Workers' Compensation Assigned RTsk Plan7 placed in bold letters on the policy declarations page to ensure that rejected risks now that the policy has been issued in the FlanT
(2) For Plan policies with effective dates on or after January 1, 1996, the Commissioner oTlnsurance shall approve and implement a plan which establishes rates adequate to eliminate any Plan operating deficit by January 1, 1999.
(3) Such Plan shall be revised annually by the Plan administrator and presented to the Commissioner of Insurance for approval.
(4) Such Plan shall include, to the extent adequate to reduce the Plan operating deficit:
(A) Rating plans, procedures, and requirements placed on Plan policyholders; and
(B) Procedures and requirements placed on Plan insurers and the Plan administrator.
(5) Such Plan shall also include, but not be limited to:
(A) Plan policy assessments and surcharges;
(B) Credits for policyholders who have had no lost-time claims;
(C) A system of credits against assessment or participation of insurers for the volun tary writing of a risk or risks which are currently insured through the Plan;
(D) Provisions that the type or level of services by an insurer for Plan policyholders shall be no less than such type or level of services of such insurer for its policyholders not in the Plan; and

MONDAY, FEBRUARY 20, 1995

767

(E) Provisions for safety programs to be implemented by policyholders in cooperation with their insurer.
(d) The Plan required by subsection (c) of this Code section shall be structured, to the extent possible, so as to reduce the operating deficit of the Plan proportionately each year from January 1, 1996, through January 1, 1999.
(e) Notwithstanding anything to the contrary provided in subsections (c) or (d) of this Code section, the Commissioner of Insurance shall have the discretion to waive all or any portion of the Plan policy assessments and surcharges described in subsection (c) of this Code section if the operating deficit of the Plan for a respective Plan policy year improves by at least 15 percent as compared to the deficit for such Plan policy year calculated based upon rates in effect for the immediately preceding Flan policy year.
(f) For Plan policies with effective dates on or after January 1, 1999, the aggregate of all revenues received from rates and rating plans charged to participants who are insured under the Plan shall be set so that the amount received in premiums, together with rea sonable investment income earned on those premiums, shall be sufficient to pay claims and reasonable expenses of providing coverage under the Flan and to establish appropri ate levels of loss reserves, all in accordance with actuarial standards, including consider ation of the effects of subsection (c) of this Code section. For purposes of this Code section, the term 'actuarial standards' means standards adopted by the Casualty Actua rial Society in its Statement of Principles Regarding Property and Casualty Insurance Katemaking and the Standards of Practice adopted by the Actuarial Standards Board. Any premium or surcharge collected by the Plan in excess of the amount necessary to fund the projected ultimate losses and expenses of the Plan shall be refunded to the policyholders or applied to reduce premiums.
(g) Notwithstanding Code Sections 33-9-8 and 33-9-21, the Commissioner of Insurance shall cause the implementation of rates for policies issued pursuant to the Plan which are sufficient to conform with the requirements of paragraphs (1) and (2) of subsection (c) of this Code section.
(h) On or before December 15, 1995, and each subsequent year, the Commissioner of Insurance shall submit a report to the appropriate standing committees of the General Assembly concerning the status and results of operation of the Plan. Such report shall include but not be limited to a report on the Plan deficit, burden and trends in reducing such deficit, number of policies and amount of premium underwritten by the Plan, rating of such policies based upon the three-tier rating program, his or her estimate of the effect of policyholder safety committees on policyholder loss experience, operation of workers' compensation insurance specialty markets in this state, impact of the servicing carrier remedial program and results of servicing carrier incentives and disincentives, review of the efficiency of the servicing carrier bid program, and any other information the Com missioner of Insurance or the respective chairpersons of such standing committees deem necessary to evaluate the Plan and the workers' compensation insurance market in this state.
(i) On or before July 1, 1995, the Commissioner of Insurance shall promulgate rules and regulations to implement this Code section, ijuch rules and regulations shall include the system of credits required by subparagraph (c)(5XC) of this Code section, which credits shall not be less than the following:
(1) For policies with an annual premium of $7,500.00 or less, a credit of four times the amount of such annual premium;
(2) For policies with an annual premium of at least $7,501.00, but not exceeding $15,000.00, a credit of three times the amount of such annual premium;
(3) For policies with an annual premium of at least $15,001.00, but not exceeding $25,000.00, a credit of two times the amount of such annual premium;
(4) For policies with an annual premium of at least $25,001.00, but not exceeding $200,000.00, a credit of one and one-half times the amount of such annual premium; or

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(5) For policies with an annual premium of $200,001.00 or greater, a credit of the

amount of such annual premium."

"

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Taylor.

Those not voting were Senators:

Bowen

Gillis

James

On the passage of the bill, the yeas were 52, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 299. By Senators Harbison of the 15th, Glanton of the 34th and Hill of the 4th:
A bill to amend Code Section 38-2-280 of the Official Code of Georgia Annotated, relating to reemployment rights in private industry for various absences, so as to provide a reemployment right for absence due to military duty in the service of the state or of the United States.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 20, 1995

769

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks
Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson Johnson of 2nd
Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin
Stokes Tanksley Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen James

Starr

Thomas

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 145. By Senators Oliver of the 42nd, Hill of the 4th, Marable of the 52nd and Thomas of the 10th:
A bill to amend Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to agency, so as to provide a statutory form for financial power of attor ney; to provide that such form is not the exclusive method for creating such an agency; to provide an explanation for principals.

Senator Oliver of the 42nd offered the following amendment:
Amend SB 145 by striking in its entirety line 33 of page 3 and inserting in lieu thereof the following:
"described in a paragraph, strike through and initial the paragraph".
By striking in their entirety lines 25 through 30 of page 4 and inserting in lieu thereof the following:
"(Directions: To give the Agent the powers described in paragraphs 1 through 14, place your initials on the blank line at the end of each paragraph. If you DO NOT want to give a power to the Agent, strike through the paragraph or a line within the paragraph and place your initials beside the stricken paragraph or stricken line. The powers described in any".
By striking in its entirety line 37 of page 7 and inserting in lieu thereof the following:
"I could do if personally present.
Note: This document will become effective upon the date of the Principal's signature unless the Principal indicates that it should become effective at a later date by complet ing the following paragraph. Completion of this paragraph is optional.

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14. The powers conveyed in this document shall not become effective until the following time or upon the occurrence of the following event or contingency:

Note: The Principal may choose to designate one or more persons to determine conclu sively that the above-specified event or contingency has occurred. Such person or per sons must make a written declaration under penalty of false swearing that such event or contingency has occurred in order to make this document effective. Completion of this provision is optional.
The following person or persons are designated to determine conclusively that the abovespecified event or contingency has occurred:

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day Dean Edge Egan
Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden
Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson
Turner Walker

Those not voting were Senators:

Bowen

Clay

Tysinger

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

SB 146. By Senators Oliver of the 42nd, Hill of the 4th, Marable of the 52nd and Thomas of the 10th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to remove advanced age as a criterion for incapacity.

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

MONDAY, FEBRUARY 20, 1995

771

On 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 Black Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Not voting was Senator Bowen.

On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 7. By Senator Guhl of the 45th:
A bill to amend Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to extent of contempt power and when jury trial required, so as to pro vide that when a person who is gainfully employed violates an order of the court granting temporary or permanent alimony or child support and the judge finds the person in contempt of court, the sentencing judge may sentence the respon dent to a term of confinement in a diversion center and participation in a diver sion program operated by the Department of Corrections, a sheriff, or a county.

The Senate Committee on Judiciary offered the following substitute to SB 7:

A BILL
To be entitled an Act to amend Code Section 15-1-4 of the Official Code of Georgia Anno tated, relating to extent of contempt power and when jury trial required, so as to provide that when a person who is gainfully employed violates an order of the court granting tem porary or permanent alimony or child support and the judge finds the person in contempt of court, the sentencing judge may sentence the respondent to a term of confinement in a diversion center and participation in a diversion program operated by a county; to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to authorize any county to establish a diversion center and diversion program for certain persons who have been found in contempt of court for violation of orders granting tempo rary or permanent alimony or child support; to provide that while the respondent is in the diversion program, he or she shall continue to engage in his or her occupation and shall satisfy any obligations of alimony or child support; to provide that the respondent shall be confined to the diversion center during certain periods; to require the respondent to pay a certain fee to cover the costs of incarceration and the administration of the diversion pro gram; to provide for other features of the diversion program; 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 15-1-4 of the Official Code of Georgia Annotated, relating to extent of con tempt power and when jury trial required, is amended by adding at the end thereof a new subsection (c) to read as follows:
"(c)(l) When a person who is gainfully employed violates an order of the court granting temporary or permanent alimony or child support and the judge finds the person in contempt of court, the sentencing judge may sentence the respondent to a term of con finement in a diversion center and participation in a diversion program if such a pro gram has been established by a county pursuant to the provisions of Article 8 of Chapter 8 of Title 42."
SECTION 2.
Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by adding at the end thereof a new Article 8 to read as follows:
"ARTICLE 8

A county shall be authorized to establish a diversion center and diversion program for the confinement of certain persons who have been found in contempt of court for violation of orders granting temporary or permanent alimony or child support and sentenced pur suant to subsection (c) of Code Section 15-1-4. While in such diversion program, the respondent shall be authorized to travel to and from his or her place of employment and to continue his or her occupation. The official in charge of the diversion program or his or her designee shall prescribe the routes, manner of travel, and periods of travel to be used by the respondent in attending to his or her occupation. If the respondent's occupation requires the respondent to travel away from his or her place of employment, the amount and conditions of such travel shall be approved by the official in charge of the diversion center or his or her designee. When the respondent is not traveling to or from his or her place of employment or engaging in his or her occupation, such person shall be confined in the diversion center during the term of the sentence. With the approval of the official in charge of the diversion center, the respondent may participate in educational or coun seling programs offered at the diversion center. While participating in the diversion pro gram, the respondent shall be liable for alimony or child support as previously ordered, including arrears, and his or her income shall be subject to the provisions of Code Sec tions 19-6-30 through 19-6-33 and Chapter 11 of Title 19. In addition, the respondent shall be charged and shall pay a fee to the county operating the diversion program to cover the costs of his or her incarceration and the administration of the diversion pro gram which fee shall be not more than $30.00 per day or the actual per diem cost of maintaining the respondent, whichever is less, for the entire period of time the person is confined to the center and participating in the program."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

MONDAY, FEBRUARY 20, 1995

773

On 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 Black Blitch Boshears Broun of 46th
Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Griffin Guhl Harbison Henson Hill
Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Pollard Ragan Ralston Ray
Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen

Gochenour

Perdue

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 280. By Senators Thompson of the 33rd, Cheeks of the 23rd, Perdue of the 18th, Dean of the 31st and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for stag gered motor vehicle registration over a 12 month period; to provide for fourmonth registration by local Act; to change certain licensing and registration deadlines; to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to change the method of evaluation of motor vehicles for ad valorem purposes.

The Senate Committee on Transportation offered the following substitute to SB 280:

A BILL
To be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for staggered motor vehicle registration over a 12 month period; to provide for four-month registration by local Act; to change certain licensing and registration deadlines; to provide for penalties for late registration; to provide that license plates may be transferred between vehicles under certain circumstances; to change certain provisions relative to filing an application for a title; to change certain provisions relative to perfection of a dealer's security interest in a motor vehicle; to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to change the method of evaluation of motor vehicles for ad valorem tax purposes; to change the time at which ad valorem taxes on motor vehicles become due and payable; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, so as to change the expiration date for obtaining license plates; to

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provide for related matters; to provide for an effective date; to provide for the repeal of certain local laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-6, relating to altera tion of license plates or operation of a vehicle with altered or improperly transferred plates, in its entirety and inserting in lieu thereof the following:
"40-2-6.
Except as otherwise provided in this chapter, any person who shall willfully mutilate, obliterate, deface, alter, change, or conceal any numeral, letter, character, county designation, or other marking of any license plate issued under the motor vehicle regis tration laws of this state; who shall knowingly operate a vehicle bearing a license plate on which any numeral, letter, character, county designation, or other marking has been willfully mutilated, obliterated, defaced, altered, changed, or concealed; or who shall knowingly operate a vehicle bearing a license plate issued for another vehicle and not properly transferred as provided by law shall be guilty of a misdemeanor."
SECTION 2.
Said chapter is further amended by striking Code Section 40-2-8, relating to the operation of unregistered vehicles, in its entirety and inserting in lieu thereof the following:
"40-2-8.
(a) Any person owning or operating any vehicle described in Code Section 40-2-20 on any public highway or street after May 1 of each year without complying with that Code section shall be guilty of a misdemeanor, provided that a person shall register his or her motor vehicle within 30 days after becoming a resident of this state. Any person renting, leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street after May 1 of each year, without complying with that Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be a separate and distinct offense.
(b) Any vehicle operated in the State of Georgia after May 1 uf any year which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to the upyei right haud comer a corner or corners of the license plate as designated by the commissioner, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated; provided, however, that the purchaser of a new vehicle or a vehicle which does not have a current and valid registration or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the 21 day period within which the purchaser is required by Code Section 40-2-20 to register or transfer the registration of such vehicle and provided, further, that the purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration or transfer of registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehi cle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties.
(c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle re quired to be registered in the State of Georgia without a valid county decal designating the county where the vehicle was last registered. Any person convicted of such offense

MONDAY, FEBRUARY 20, 1995

775

shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subse quent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate."
SECTION 3.
Said chapter is further amended by striking subsection (a) of Code Section 40-2-20, relating to registration and licensing requirements, in its entirety and inserting in lieu thereof the following:
"(a)(l) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, on oi1 before May 1 except as provided in paragraph (3) of this subsection during the owner's registration period in each year, liefum opbiatiug such niutui vehicle ui trailer, register such vehicle as provided in this chapter, nnd obtain a license to operate it for the errstp ing year 12 month period until such person's next registration period, and return such vehicle for taxation and remit the ad valorem taxes due on such vehicle. The pur chaser of every new motor vehicle or other motor vehicle which does not have a current and valid Georgia registration, including tractors and motorcycles, or trailer shall, within 21 days of the date of purchase of such vehicle, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing yeai period remaining until such person's next registration period; provided, however, that if such vehicle is acquired after the owner's registration period it shall not be subject to and no ad valorem taxes shall be collected until the owner's next registration period and unless such vehicle is owned by such person during such owner's next registration period. The purchaser of every used motor vehicle, including tractors and motorcycles, or trailer which is currently registered shall, within 21 days of the purchase of such vehi cle, transfer such registration as provided in Code Section 40-2-42. No person, com pany, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the current Georgia certificate of registration on such vehicle at the time of such sale or transfer or, if such vehicle does not have a current and valid Georgia certificate of registration, the last certificate of registration for such vehicle; provided, however, that in the case of a repossessed or leased motor vehicle, a court ordered sale or other involuntary transfer, a salvage motor vehicle, or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the lienholder or lessor, the transferor, the salvage dealer, or insurer, respectively, shall not be required to obtain and transfer the certifi cate of registration for such vehicle, but shall, prior to the sale of such vehicle, surren der the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation; provided, further, that in those cases where there is no current and valid Georgia certificate of registration or in those situations where the person, company, or corporation selling or transferring the motor vehicle does not possess the certificate of registration, then the purchaser or transferee of such motor vehicle, if such purchaser or transferee is a licensed motor vehicle dealer, may apply to the appropriate county or state for a replacement certificate of registration.
(2) An application for the registration of a motor vehicle may not be submitted sepa rately from the application for a certificate of title for such motor vehicle, unless a certificate of title has been issued in the owner's name, has been applied for in the owner's name, or the motor vehicle is not required to be titled, arid an An application for a certificate of title for a motor vehicle may be submitted separately from the appli cation for the registration of such motor vehicle.
(3) In calendar year 1997, motor vehicles registered in Georgia prior to January 1, 1997, shall:
(A) In those counties which, prior to January 1, 1996, have enacted a four-month staggered system of vehicle registration, be registered during the month established

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by such staggered registration system and shall obtain a registration which shall be valid until the owner's registration period in 1998, and shall return such vehicle for taxation and remit the ad valorem taxes due;"or
(B) In those counties which, prior to January 1, 1996, do not have a four-month stag gered system of vehicle registration, be registered on or before May 1, 1997, and shall obtain a registration which shall be valid until the owner's registration period in 1998, and shall return such vehicle for taxation and remit the ad valorem taxes due."

SECTION 4.

Said chapter is further amended by striking Code Section 40-2-21, relating to staggered registration periods, in its entirety and inserting in lieu thereof the following:
"40-2-21.

; AS useu m uiis uoae section enapter, tne term:

(1) 'Name' means. tT * * p pj.*"10""?'

Su rnaiii* *f th~ w i t=i whuAc name appeals hist uii tlic

V,

3 Ili 5t Icttci ui vv \JL d. 01 Llic w W lici
he certifitAUs of til
(2)0.) "Registration period' means:

&-,\A/ i n.& iilOil UJ1 01 d LHLI3.iry IO1'~LH OWil61T WHOSc IleillHi Dt^niS Wltll Lliti Icttci' AT} 13", CJ } OI*

(D) The month uf Febiuai^ foi an owner whose name begins with the lettei E, F, G, II, I, J, or K,
(0) Tlie moiith of March for an owner whose name begins with the letter L, M, N, O, T, Q, or R, or
\iJ) i* 1'oiu April l miLjil on or D6ior& "StL&y J. loi1 Hii owii^i1 wlios^ ii<iiiHi Dti^nis Witli. tlic letter S, T, U, V, W, X, Y, or Z.
(A) In all counties except those for which a local Act has been enacted pursuant to this Code section:
(i) For natural persons, the 30 day period ending at midnight on the birthday of the owner whose surname appears first on the certificate of title; or
(ii) For entities other than natural persons, the period each year beginning on February 1 and ending at midnight on the last day of MarchT
(B) In those counties which are authorized by a local Act enacted pursuant to this Code section to have a four-month staggered registration period:
(i) For natural persons:
(I) The month of January for the owner whose surname appears first on the certificate of title and whose birthday is in the month of January, February, or March;
(II) The month of February for the owner whose surname appears first on the certificate of title and whose birthday is in the month of April, May, or June;
(III) The month of March for the owner whose surname appears first on the certificate of title and whose birthday is in the month of July, August, or September; and
(IV) The month of April for the owner whose surname appears first on the certif icate of title and whose birthday is in the month of October, November, or December;

MONDAY, FEBRUARY 20, 1995

777

(ii) For entities other than natural persons, the period each year beginning on February 1 and ending at midnight on the last day of March.
(C) In those counties which are authorized by a local Act enacted pursuant to this Code section not to have staggered registration periods, January 1 through April 30.
(-8X2) Vehicle" means every motor vehicle, including a tractor or motorcycle, and every trailer required to be registered and licensed under Code Section 40-2-20.
(b)TheEAcept as authorized in hubsettion (c) uf this Code section, in each cuimty to which
Lllc ) 1 OViSlOiliS 01 Lliife iJOtic SGCtlOU cLi'ti illcluti tu Spply 3.S prOVlQ(5Cl ill SU.DS6CtiG.il \L) ul tlliS
Code sehhiuii, the owner of every vehicle registered in the previous calendar year shall; between Januaiy 1 atid May 1 uf each year, register and obtain a license to operate such vehicle not later than the last day of the owner's registration period. The lessee of a vehicle being operated under a lease agreement may elect to register and obtain a license to operate such vehicle not later than the last day of the registration period of either the lessee or the lessor.
(c) The owner of any vehicle registered in the previous calendar year who moves his or her residence between January 1 and May 1 from a county to which this Code sectioiils not applicable to a comity to which this. Cuue section is applicable from a county which does not have staggered registration to a county which has a four-month or 12 month staggered registration period or who moves his or her residence from a county which has a 12 month staggered registration period to a county which has a tour-month staggered registration period or to a county which does not have staggered registration or the new owner of a vehicle registered in the previous calendar year which was transferred to such new owner between January 1 and May 1 after the owner's registration period and who resides in a county tu which this Code section is applicable which has a staggereoTregistration period shall, unless such vehicle has been registered duiiiig the current calendar year a current registration, register and obtain a license to operate such vehicle prior to the last day of the owner's renewal registration period or, if such renewal registration period has passed at the time of the change of residence or at the time of transfer, on or before- May 1 not later than 30 days following the date of the change of residence or the date of transfer!
(d) Any owner of a vehicle who does not register and obtain a license to operate such vehicle as provided in subsections (b) and (c) of this Code section shall, in addition to any other penalty which may be imposed if such vehicle is registered after May 1 the final date on which such vehicle is required to be registered, be subject to a $15.00 late regis tration penalty. Such penalty shall be paid prior to obtaining a registration and license and shall be in addition to the fee provided by law. The penalty provided for in this subsection shall be paid into the general fund of the county. The penalty provided for in this subsection shall be waived if the penalties provided for in Code Section 40-2-40 are waived or are determined not to be applicable under rules or regulations issued by the commissioner.
(e) The transferee of a new or unregistered vehicle shall register and obtain a license to operate such vehicle as provided in subsection (a) of Code Section 40-2-20.
\L) L ilia UOCLc oct*liOii jbll^ill Oiily &pply tO 1 lAjtliity Wliiuli liciS uccil Dl'Oiig^llt unuci Liic
^11 0 viiiOil5 01 Lliii UOuc S&CtiOil ^jui&uciiiL tO & 10i>cil IclW cii&Clc^il ijy Lllc ijcucicil /VSSciliuly
&im filiall a^/ply beginning JaiiueUy 1 OI tile CmeiiCuii Vt-m apcCilicu 111 ouL.li luCm ItlW. Any
local law enacted pursuant to this Code section shall specify either a staggered registra tion period of four months or a nonstaggered registration period of four months. If such local law is conditioned upon approval in a referendum, the results of such referendum shall be certified to the Department of Revenue.
triis LJod6 btictiOii sri3.il ^n*6ciuu.ci tiift owii^r OT &i.xy v^riicic 11*
3.HC1 GljLcdiiliii.^) & iJ.CGH.SG lOi1 SUCli VcilllCic pi'iOl' LO 1HS

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SECTION 5.
Said chapter is further amended by striking Code Section 40-2-31, relating to license plates and revalidation decals, in its entirety and inserting in lieu thereof the following:
"40-2-31.
(a) If the applicant meets the requirements set forth in this chapter, the commissioner shall a&aigu to the vehicle issue to the applicant a license plate bearing a distinctive number.
(b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the 'Peach State." The metal shall be of such strength and quality that the plate shall provide a minimum service period of five years. Every five years a new metal license plate shall be provided by the commissioner for issuance, ex cept that license plates issued for vehicles in excess of 24,000 26,000 pounds shall be issued annually and no revalidation decal shall be issued for such plates. Metal license plates issued on or after January 1, 1980, ai<ty be used until Decembei 31, 1909. Mtilal license plates issued uu ui afltii Jaimaiy 1, 1990, shall be used for a period of five years: jjictiiiwiiiiiiHi iictiiisc picittis ifestitiu. iii xy/o siiflii no t Dtb ukcU. fl.itcr t&^j y6
(c) The face of the license plate to be displayed shall be treated completely with a retroreflective material which will increase the nighttime visibility and legibility of the plate. The Office of Highway Safety shall prepare the specifications which such retroreflective material shall meet.
(d) In those years in which a metal plate is not issued, a revalidation decal with a distinc tive serial number shall be issued and affixed in the space provided on the license plate assigned to the vehicle: which shall indicate the year and month through which the regis tration of the vehicle shall be valid; provided, however, that if the commissioner deter mines that it is necessary two revalidation decals shall be issued for each license plate to reflect the required information. When an applicant is issued a revalidation decal and such applicant registered the vehicle in another county the previous year, the applicant shall also be issued a new county decal which shall be properly affixed to the license plate and shall replace the other county decal.
(e) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the name of the agent's county. Such a decal shall be issued with each metal license plate and shall be affixed in the space provided on the license plate without obscuring any number or other informa tion required to be present on the plate. A county decal shall be issued with each
1 3V3.1.IU& tiOil uCLl i.$SU&u 111 Xi/OA JiiiCl blicill Dfe plu^itill^ <illlJi.tiu. tO triti lICGiifec jjlctLt?.
(f) A county tag agent shall issue a county name decal for the agent's county only if:
(1) The applicant is a resident of or a business located in vehicle fui which the decal is issued is cuiTeaUy legittered in the county named on the decal;
(2) The applicant is registering a new vehicle in such county, is renewing a current vehicle registration, or is transferring registration of a vehicle to registration fur the vehicle fui which Ilia ducal i& issued its buiug li ansfei i ed lu a insidmit of the county named on the decal; or and
(3) The Art application for registration of the vehicle for which the decal is ihbued is being made in the county named on the decal."

MONDAY, FEBRUARY 20, 1995

779

SECTION 6.
Said chapter is further amended by striking Code Section 40-2-34, relating to reports and remittances by tag agents, in its entirety and inserting in lieu thereof the following:
"40-2-34.
(a) All county tag agents accepting license applications shall endeavor to submit to the commissioner on at least a weekly basis reports of license applications handled and remit with such reports related sums of money to which the Department of Revenue is entitled. Except as provided in subsection (e) of this Code section, all tag reports of license applica tions handled and related sums of money to which the Department of Revenue is entitled must be submitted to the commissioner within 14 calendar days from the close of the business week during which the aforementioned license applications were handled and related sums of money received. The term lousiness week' shall mean Monday through Friday (or Saturday if applicable).
(b) Funds received as a result of the handling of license applications shall be considered trust funds in the hands of such tag agents until such time as paid over to the commissioner.
(c) Except as provided in subsection (e) of this Code section, failure to submit the reports or remit the funds within the 14 day period as required by this Code section shall result in the penalties imposed by Code Section 48-2-44.
(d) Before the expiration of the time period within which a tag report is required to be filed with the commissioner or related funds remitted to the commissioner, application may be made to the commissioner for an extension. The commissioner shall be author ized, upon a showing of justifiable cause, to grant up to a 30 day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports or funds due the commissioner for a specific busi ness week.
\G) li i~G&p&CLi vc 01 ciiiy ucadl^ilc a La Leu ill ouLj&cCliOii \w 01Llli5 wuJe&Ctiuii, lOiLlic IxiOilLlio 01 IVlki~Cli aiiu ^^jpi~ii Llic Cl^^iuluic lOi DuUiuiLlnlg tag icOCri"to aud iclciLcu &LiiU& Ol mOilc^y 10 Llic tviiiiiii&biunci iMiall DC ciU uci^a liuiiji Lli^ Cluoc 01 tli^ Du&xxiG&fi VvccK. uuiiiig iicliu uuOilLns.Xlicic &li&ll uc uO cALcnoiuii jjidiiLibu ii'Oill Qaiu uU uc^y ucaulxilc lui Lut&iiicoo WcclvS wliiCll ClOoc in JVL^iCll aild Apiil.
(f) Proof of mailing within the appropriate time periods provided for in this Code section, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the county tag agent has complied in a timely manner with the duties enumerated by this Code section."
SECTION 7.
Said chapter is further amended by striking subsection (a) of Code Section 40-2-40, relating to the registration of delinquent vehicles, in its entirety and inserting in lieu thereof the following:
"(a) On and after May 2 in each yeai, the The owner of a vehicle required to be registered under Code Section 40-2-20 which was registered for the previous year, who has failed to comply with Code Section 40-2-20 for the current year; shall be deemed and held to be a delinquent under this Code section; and the registration of such vehicle shall, on May 2 ami thei'eaflei after the expiration of the owner's registration period, be subject to a pen alty of 25 percent of the registration fee for such vehicle in addition to the fee provided by law, provided that such penalty shall in no event be levied prior to May 2 the expiration of the owner's registration period, notwithstanding that the owner failed to register such vehicle within 21 days of its purchase."

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SECTION 8.
Said chapter is further amended by striking Code Section 40-2-41, relating to the display of license plates, in its entirety and inserting in lieu thereof the following:
"40-2-41.
Every vehicle required to be registered under this chapter, which is in use upon the high ways, shall at all times display the license plate assigned lo it issued to the owner of such vehicle, and the plate shall be fastened to the rear of the vehicle in a position so as not to swing and shall be at all times plainly visible. No person shall display on the rear of a motor vehicle any temporary or permanent plate or tag not issued by the State of Georgia which is intended to resemble a license plate which is issued by the State of Georgia. The commissioner is authorized to adopt rules and regulations so as to permit the display of a license plate on the front of certain vehicles. It shall be the duty of the operator of any vehicle to keep the license plate legible at all times. No license plate shall be covered with any material unless the material is colorless and transparent. No apparatus that obstructs or hinders the clear display and legibility of a license plate shall be attached to the rear of any motor vehicle required to be registered in the state. Any person who violates any provision of this Code section shall be guilty of a misdemeanor."
SECTION 9.
Said chapter is further amended by striking Code Section 40-2-42, relating to transfer of license plates and revalidation decals, in its entirety and inserting in lieu thereof the following:
"40-2-42.
(a) A license plate or revalidation decal, when issued, shall not may be transferred from one vehicle to another and shall not be used by any other person or upon any vehicle other than the uuu to which it it, assigned, except vehicle of the same class owned by the same person as otherwise provided in this chapter. Any use of a license plate or revalida tion decal by any other person or persons in any manner not provided for in this chapter shall be a violation of this chapter.
(b) The commissioner is authorized to provide by rules and regulations appropriate pro cedures whereby, upon the payment of a fee of $5.00, and, upon preparation and filing of an appropriate application therefor, annual and five-year license plates and revalidation decals may be transferred from one person to anuthei vehicle to another vehicle of the same class owned by the same person. If a person acquires a vehicle of a different class, he or she shall submit the license plate currently issued to him or her for cancellation and, upon payment of any additional fee for registering such new vehicle, the commis sioner shall issue a new license plate to such person for use on such vehicle. License plates and revalidation decals shall be transferred only during the calendar-year regis tration period for which issued. A peii>im acquiiing a vehicle with an expired amiuat ticeiiiie plate~ui expiiud five-yeai license plate shall obtain a curreiit year annual license
|M3.t& Oi SL CLli'icilt yftdi* i'^ValiufLUOIl ClcCcll a.5 ^/luVlQGu 101 Oy tfllS ClleijjLcl,
(c) At the time a license plate and revalidation decal are transferred, the transferee shall transfer the existing registration."
SECTION 10.
Said chapter is further amended by striking Code Section 40-2-45, relating to issuance of a license plate or revalidation decal for salvage or rebuilt vehicles, in its entirety and in serting in lieu thereof the following:
"40-2-45.
No person shall transfer a license plate or decal from one vehicle to any other The coni-
is a 'salvage' or 'rebuilt' motor vehicle as provided in Chapter 3 of this title unless the

MONDAY, FEBRUARY 20, 1995

781

owner of such vehicle submits satisfactory proof to the commissioner that the motor vehi cle inspection required by Code Section 40-3-37 has been performed and such vehicle has been determined to be in full compliance with the law."
SECTION 11.
Said chapter is further amended by striking Code Section 40-2-62, relating to special li cense plates for members of the General Assembly, in its entirety and inserting in lieu thereof the following:
"40-2-62.
The commissioner shall mail special and distinctive license plates printed for members of the General Assembly to the local tag agent in the counties wherein such members reside on or before Deceiuber-JH-of the owner's registration period each year. Such special and distinctive license plates shall be issued only upon applications made to the local tag agent and payment of a $25.00 manufacturing fee. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this chap ter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Special and distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The special license plates issued pursuant to this Code section may be transferred to another vehicle as provided in Code Section 40-2-80."
SECTION 12.
Said chapter is further amended by striking Code Section 40-2-63, relating to special li cense plates issued to sheriffs, in its entirety and inserting in lieu thereof the following:
"40-2-63.
Oa or before December 01 of each year, the The commissioner shall mail to the local tag agents special and distinctive license plates for the elected sheriffs in the counties of this state on or before the owner's registration period of each sheriff. The sheriffs shall make application with the local tag agent and shall pay a fee of $25.00. Special sheriff's sher iffs' license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. License plates shall be issued by the local tag agents upon proper application and in accordance with the terms of Article 2 of this chapter. Only one special and distinctive license plate shall be issued to each elected sheriff for Iiis peimiial tuutui vehicle; however, a sheriff may choose to use his the sheriff's distinctive license plate either on his the law enforcement vehicle assigned to such sheriff or his slieiiff's on his or her personal vehicle."
SECTION 13.
Said chapter is further amended by striking Code Section 40-2-65, relating to special li cense plates for active reserve components of the United States, in its entirety and in serting in lieu thereof the following:
"40-2-65.
(a) Motor vehicle owners who are assigned or attached members of troop program units of any branch of the active reserve components of the United States inside or outside the State of Georgia shall be eligible to receive free motor vehicle license plates for private passenger cars or trucks used for personal transportation. Motor vehicle owners who are

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members of any National Guard unit in a state adjoining the State of Georgia and for whom there is no National Guard unit in the county of their residence shall be eligible to receive free motor vehicle plates for private passenger cars or trucks used for personal transportation to identify such vehicle owner as a reservist. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licens ing of motor vehicles as prescribed in Article 2 of this chapter. No person shall be enti tled to more than one free motor vehicle license plate for any calendar year; provided, however, that, upon payment of the regular license fee provided for in Code Section 4810-2 and a manufacturing fee of $25.00, a reservist shall be entitled to receive one addi tional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols in addition to numbers and letters prescribed by law shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the "United States military reserve.' The major commanders of each active reserve compo nent program shall furnish to the commissioner each .yeai piioi tu the date that license plates are Issued a list of the members of their command assigned or attached to troop program units who reside in Georgia. The adjutant general of each neighboring state shall furnish to the commissioner each year prior to the date that liceu&e plates are issnett a list of the members of that state's National Guard unit who reside in Georgia. The lists of reservists and guardsmen required under this subsection shall be updated as necessary throughout the calendar year.
(b)(l) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a member of the "United States military reserve,' Midi plate shall be removed and the authority to use the plate shall thereby be canceled, however, after such a transfer of owaei&hip occms, should the said le&ei vi&t acquiie and acquisition by the reservist of another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly ac quired motor vehicle, and such reservist shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the com missioner may prescribe by regulation. No transfer or cancellation fee shall be charged for the transfer of free reservist license plates. There shall be a transfer and cancella tion fee of $5.00 for the transfer of any other reservist license plate.
(2) Should an active reservist who has been issued a free license plate or license plates be discharged or otherwise separated from his or her reserve unit, the immediate commanding officer of such active reservist shall obtain the discharged member's free li cense plate or license plates at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such person has been dis charged, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former reservist to replace the reservist plate or plates. Should an active reservist enlist or be commissioned after he has purchased purchas ing a regular license plate for the his or her current year registration period, the commanding officer of the unit in which such person enlists or is commissioned shall likewise secure the regular license plate of such person and return same to the com missioner, along with a certificate to the effect that such person has been enlisted or commissioned in a troop program unit of the reserve components, and the effective date thereof, whereupon the commissioner shall issue a reservist license plate, at no extra charge, to such new member to replace the returned regular plate. Upon such request for a change in plate for a discharged reservist or a newly enlisted reservist, the commanding officer shall furnish such member with a copy of his the commanding officer's letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate.
(c) The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private

MONDAY, FEBRUARY 20, 1995

783

passenger cars and trucks before issuing these plates in lieu of the regular Georgia li cense plates, and all applications for such plates shall be made to the commissioner. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable."
SECTION 14.
Said chapter is further amended by striking Code Section 40-2-66, relating to special li cense plates for members of the Georgia National Guard, in its entirety and inserting in lieu thereof the following:
"40-2-66.
(a)(l) Motor vehicle owners who are members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate, as prescribed in that article for private passenger cars or trucks used for personal transportation. Each member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the Georgia National Guard. The adjutant general of Georgia shall furnish to the commissioner each year, prior to the dale Ihdl license plates die ishued, a list of the members of the Georgia National Guard which list shall be updated throughout the year as necessary.
(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, 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 re tired member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual 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 paragraph (1) of this subsection. The adjutant general of Georgia shall furnish to the commissioner each yv'di', piiui tu UIB dale thai license plates are issued, a list of the retired members of the Georgia National Guard which list shall be updated as necessary throughout the year.
(b) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words 'National Guard," such plate shall be removed and the
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quire and acquisition by the member or retired member of the National Guard of another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle and such member or retired member shall notify the

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commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation and shall pay a transfer and cancellation fee of $5.00 and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. No transfer or cancellation fee shall be charged for the transfer of free National Guard license plates. There shall be a transfer and cancellation fee of $5.00 for the transfer of any other National Guard license plate. Should a member of the National Guard who has been issued a National Guard license plate or plates be discharged or otherwise sepa rated except by retirement from the National Guard, the immediate commanding officer of such member shall obtain the discharged member's National Guard license plate or plates at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such member has been discharged, and thereupon the commissioner shall issue a regular license plate or plates, at no additional charge, to such former National Guard member to replace the National Guard plate. Should a member of the National Guard enlist or be commissioned in the National Guard after he has purchased purchasing a regular license plate for the current year, the commanding officer of the unit in which such member enlists or is commissioned shall likewise secure the regular license plate of such new member and return same to the commissioner, along with a certificate to the effect that such new member has been enlisted or commis sioned in the National Guard and the effective date thereof, whereupon the commissioner shall issue a National Guard license plate, at no extra charge, to such new member to replace the returned regular plate returned Cu him. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard, the commanding officer shall furnish such member with a copy of his the commanding officer's letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate.
(c) The commissioner shall, uii or before March 1 in each yeai, furnish to the sheriff of each county in the state an alphabetical arrangement of the list of names, addresses, and license plate letters of each person to whom a license plate is issued under this Code section, and it shall be the duty of the sheriffs of the state to maintain and to keep cur rent such lists for public information and inquiry.
(d) The commissioner shall make such rules and regulations as necessary to enforce com pliance with all state license laws relating to the use and operation of a private passen ger car before issuing National Guard plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The commis sioner is specifically authorized to make all rules and regulations necessary to make ade quate provision for instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable."
SECTION 15.
Said chapter is further amended by striking Code Section 40-2-67, relating to special li cense plates for state commanders of nationally chartered veterans' organizations, in its entirety and inserting in lieu thereof the following:
"40-2-67.
(a) The state commanders of nationally chartered veterans' organizations, upon applica tion 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 40-2-34, shall be issued license plates as prescribed in Code Section 40-231 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.

MONDAY, FEBRUARY 20, 1995

785

(b) License plates issued under this Code section may not be transferred so as to be used by any person other than the person to whom such plate was originally issued but may be transferred to any vehicle subsequently acquired by such person as provided in Code Section 40-2-80, except thatTantt such plates shall not be used by any person after he has vacated vacating the office of commander of any of the organizations enumerated in this Code section."
SECTION 16.
Said chapter is further amended by striking subsection (a) of Code Section 40-2-68, relating to special license plates for Medal of Honor winners, in its entirety and inserting in lieu thereof the following:
"(a) Motor vehicle owners who have been awarded the Medal of Honor and who are resi dents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued two distinctive personalized license plates free of charge. Such license plates shall be fastened to both the front and the rear of the vehicle. Such license plates may be transferred to any vehicle subsequently acquired by the Medal of Honor recipient as provided in Code Section 40-2-80."
SECTION 17.
Said chapter is further amended by striking Code Section 40-2-70, relating to special li cense plates for certain disabled veterans, in its entirety and inserting in lieu thereof the following:
"40-2-70.
Any citizen and resident of the State of Georgia who has been discharged from the armed forces under conditions other than dishonorable, who is disabled to any degree specified and enumerated in Code Section 40-2-69, and who is the owner of a private passenger motor vehicle, but who cannot qualify under Code Section 40-2-69, shall be entitled to a special and distinctive automobile license plate. Such license plates may be transferred to any vehicle subsequently acquired by such veteran or jointly by such veteran and his or her spouse as provided in Code Section 40-2-80. Such veteran shall be entitled to such plate regardless of whether he or she is sutt'ering from a service connected or nonservice connected disability. Such veteran must apply for such license plate and, upon compli ance with the state motor vehicle laws for licensing of motor vehicles and payment of the regular license fee for plates as prescribed under Chapter 10 of Title 48, such veteran shall be issued similar license plates as prescribed in Code Section 40-2-71 for private passenger cars. There shall be no charge for the additional plate issued such veteran under this Code section. If a veteran has not been certified as disabled by the United States Department of Veterans Affairs, such veteran may submit to the Department of Veterans Service such veteran's discharge papers and a certified statement from a physi cian, licensed under Chapter 34 of Title 43, certifying that in the opinion of such physi cian such veteran is disabled to a degree enumerated in Code Section 40-2-69. If the certificate from the physician indicates the qualifying disabilities which meet the stan dards of the United States Department of Veterans Affairs, the commissioner of veterans service shall submit a letter to the Department of Revenue indicating that the veteran meets the requirements of this Code section and qualifies for a special license plate as provided in this Code section."

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SECTION 18.
Said chapter is farther amended by striking Code Section 40-2-71, relating to design of disabled veterans plates and restrictions on issuance and transfer, in its entirety and in serting in lieu thereof the following:
"40-2-71.
(a) The commissioner is directed to furnish the license plates provided for in Code Sec tions 40-2-69 and 40-2-70. Such plates shall be printed in three colors: red, white, and blue. The commissioner is authorized and directed to design the license plate. Each plate shall contain, in bold characters, the name of the state, or abbreviation thereof, the year, the serial number, and either the words 'Handicapped Veteran' or 'Handicapped Vet.'
(b) Such license plates so issued shall be iiunli ansferable may be transferred to any vehi cle subsequently acquired by such disabled veteran as provided in Code Section 40-2-80.
(c) No disabled veteran shall be entitled to own or operate more than one vehicle with the free license plates provided by Code Sections 40-2-69, 40-2-70, and this Code section."
SECTION 19.
Said chapter is further amended by striking subsection (b) of Code Section 40-2-73, relating to special license plates for former prisoners of war, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Owners of motor vehicles who are veterans of the armed forces of the United States, who have been prisoners of war, who were discharged under honorable conditions, and who are residents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued one distinctive personalized license plate free of charge and, upon the payment of the appropriate taxes and registra tion fees, shall be issued additional distinctive personalized license plates. Such license plates may be transferred to any vehicle subsequently acquired by such person individu ally or jointly with his or her spouse as provided in Code Section 40-2-80. Such license plates shall be fastened to the rear of the vehicles."
SECTION 20.
Said chapter is further amended by striking subsection (e) of Code Section 40-2-74, relating to special license plates for disabled persons, in its entirety and inserting in lieu thereof the following:
"(e) The commissioner may begin issuing disabled persons' license plates with the year 1976. Any license plate issued pursuant to the provisions of this Code section may be transferred to any subsequent vehicle owned by such person as provided in Code Section 40-2-80."
SECTION 21.
Said chapter is further amended by striking Code Section 40-2-75, relating to special li cense plates for amateur radio operators, in its entirety and inserting in lieu thereof the following:
"40-2-75.
(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 Commu nications Commission, upon application, accompanied by proof of ownership of such license, and upon full compliance with the state motor vehicle laws in relation to regis tration and licensing of motor vehicles shall be issued, free of charge, a special design license plate for a private passenger vehicle upon which shall be inscribed the official amateur radio call letters of such applicant as assigned by the Federal Communications Commission. Each licensed amateur radio operator shall be entitled to no more than one

MONDAY, FEBRUARY 20, 1995

787

such free plate at a time, provided, however, that, upon payment uf the tegular license
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shall be i emitted to the slate ah provided iu Code Section 40-2-04. 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.
(b) The commissioner shall, on or before March 1 in each year, furnish to the sheriff of each county in the State of Georgia an alphabetical arrangement of the list of names, addresses, and license plate letters of each person to whom a license plate is issued under this Code section, and it shall be the duty of the sheriffs of the state to maintain and to keep current such lists for public information and inquiry.
(c) The commissioner shall make such rules and regulations as necessary to ascertain compliance with all state license laws relating to use and operation of a private passen ger vehicle before issuing these plates in lieu of the regular Georgia license plate. Such plates shall be uoiitraiisferable transferable to a vehicle subsequently acquired by such person as provided in Code Section 40-2-80.
(d) No person to whom license plates are issued under this Code section shall receive compensation in any form for his services in making amateur radio communication avail able to the public or to individuals, firms, corporations, or organizations."
SECTION 22.
Said chapter is further amended by striking subsections (a) and (b) of Code Section 40-278, relating to special license plates for firefighters, in their entirety and inserting in lieu thereof the following:
"(a) Any resident motor vehicle owners who are firefighters certified pursuant to Arti cle 1 of Chapter 4 of Title 25 and who are members of fire departments certified pursu ant to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are certified firefighters of legally organized volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25 may submit an application to the commis sioner for a special and distinctive vehicle license plate identifying the owner as a certi fied firefighter for a private passenger car or truck used for personal transportation. The commissioner shall retain all applications for such special firefighters' license plates until a minimum of 500 applications have been received. If the commissioner does not receive the required minimum 500 applications no later than July 31 of the year preceding the initial year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No firefighter shall be entitled to more than one special and distinctive motor vehicle license plate. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as determined by the commissioner to identify the owner as a certified firefighter. The chiefs of the various fire departments shall furnish to the commissioner each yeai yiioi to the dale that license plates are issued a list of the certified firefighters of their fire departments who reside in Georgia which list shall be updated as necessary.
(b)(l) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a certified firefighter, &uiih plate shall be removed and the authority tu use the plate shall
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said and acquisition by the certified firefighter acquire of another motor vehicle, the license plate issued pursuant to this Code section may Be transferred between vehi cles as provided in Code Section 40-2-80.

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(2) Should a certified firefighter who has been issued a special and distinctive license plate be separated from such firefighter's department, the chief of such fire depart ment shall obtain the separated member's license plate at the time of the separation and shall forward same to the commissioner along with a certificate to the effect that such person has been separated, and thereupon the commissioner shall reissue a regular license plate, at no additional charge, to such former certified firefighter to replace the special and distinctive plate. Should a certified firefighter return to ser vice with the same or another fire department, the chief of such fire department shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has become a member of the fire department, and the effective date thereof, whereupon the com missioner shall, upon application and upon the payment of a $25.00 manufacturing fee and all other applicable registration and licensing fees at the time of registration, reissue a special and distinctive license plate to such new member to replace the returned regular plate. Upon such request for a change in plate for a certified firefighter who is separated from a fire department, the chief of the fire department shall furnish such member with a copy of the chief's letter to the commissioner re questing the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate."
SECTION 23.
Said title is further amended by striking Code Section 40-2-80, relating to transfer of spe cial license plates, in its entirety and inserting in lieu thereof the following:
"40-2-80.
The commissioner is authorized to provide by rules and regulations appropriate proce dures whereby, except as specifically provided, upon the payment of the fee prescribed in Code Section 40-2-42 for transfer of license plates and revalidation decals, the special
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by thib article may be used upon and all license plates may be transferred to other vehi cles subsequently acquired by the same person other than the vehicle for which such plate was originally issued."
SECTION 24.
Said chapter is further amended by striking subsection (b) of Code Section 40-2-86, relating to special license plates for emergency medical technicians, in its entirety and inserting in lieu thereof the following:
"(b) Upon transfer of the ownership of a private passenger vehicle upon which there is a special license plate as provided in subsection (a) of this Code section, such plate shall be
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a lidusfei of owimihlihj uccms, should aa and acquisition by the emergency medical tech nician acquire of another motor vehicle, the license plate issued pursuant to this Code section may be Transferred between vehicles as provided in Code Section 40-2-80."
SECTION 25.
Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, security interests, and liens, is amended by striking subsection (b) of Code Section 40-3-21, relating to application for a first certificate of title, in its entirety and inserting in lieu thereof the following:
"(b) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of the holder of any security interest created or reserved at the time of the sale by the dealer. The application shall be signed by the owner and, unless the dealer's signature appears on the certificate of title or manufacturer's statement of origin submitted in support of the title application, the dealer. The dealer shall promptly mail or deliver the application to the commissioner or his appropriate authorized the county

MONDAY, FEBRUARY 20, 1995

789

tag agent of the county in which the seller is located, of the county in which the sale takes place, of tHe county in which the vehicle is delivered, or of the county wherein the vehicle owner resides so as to have the application submitted to the commissioner or his appro priate authorized such county tag agent within 90 days from the date of the sale of the vehicle. If the application is not submitted within that time, the dealer, or in nondealer sales the transferee, shall be required to pay a penalty of $10.00 in addition to the ordi nary title fee paid by the transferee provided for in this chapter. If the documents sub mitted in support of the title application are rejected, the dealer submitting the documents shall have 60 days from the date of initial rejection to resubmit the docu ments required by the commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional pen alty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a certificate of title for a purchaser shall be grounds for suspension or revocation of the dealer's state issued license and registration for the sale of motor vehicles."
SECTION 26.
Said chapter is further amended by striking subsection (b) of Code Section 40-3-50, relating to perfection of security interests generally, in its entirety and inserting in lieu thereof the following:
"(b) A security interest is perfected by delivery to the commissioner or to the county tag agent in of the county in which the seller is located, of the county in which the sale takes place, of the county in which the vehicle is delivered, or of the county wherein the vehicle owner resides of the existing certificate of title, if any, and an application for a certificate of title containing the name and address of the holder of a security interest and the re quired fee. The security interest is perfected as of the time of its creation if the initial delivery to the commissioner or local tag agent is completed within 20 days thereafter, regardless of any subsequent rejection of the application for errors; otherwise, as of the date of the delivery to the commissioner or local tag agent. The local tag agent shall issue a receipt or other evidence of the date of filing of such application. When the secur ity interest is perfected as provided for in this subsection, it shall constitute notice to everybody of the security interest of the holder."
SECTION 27.
Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, is amended by striking Code Section 48-5-442, relating to preparation and distribution of uniform evaluation of motor vehicles for tax purposes, in its entirety and inserting in lieu thereof a new Code Section 48-5-442 to read as follows:
"48-5-442.
(a)(l) The commissioner shall prepare at least annually and distribute to each of the tax collectors and tax commissioners both a uniform evaluation of all motor vehicles for use as the taxable value of the motor vehicles and uniform procedures fui1 the evalua tion of all mobile homes subject to this article. Each evaluation shall reflect the cur rent fair market value for all motor vehicles as determined by the commissioner.
(2) The commissioner shall prepare annually and distribute to each of the tax collectors and tax commissioners uniform procedures for the evaluation of all mobile homes sub ject to this article.
(b) Notwithstanding subsection (a) of this Code section, all antique and hobby or special interest motor vehicles, as defined in Code Section 48-5-440, shall, notwithstanding true fair market value if any, be deemed by the commissioner to have a fair market value of $100.00 in the uniform evaluation prepared and distributed annually by the commissioner."

790

JOURNAL OF THE SENATE

SECTION 28.
Said article is further amended by striking Code Section 48-5-451, relating to the penalty for failure to make return or pay tax on motor vehicle or mobile home, in its entirety and inserting in lieu thereof a new Code Section 48-5-451 to read as follows:
"48-5-451.
Every owner of a motor vehicle or a mobile home, in addition to the ad valorem tax due on the motor vehicle or mobile home, shall be liable for a penalty of 10 percent of the tax due or $1.00, whichever is greater, for his the failure to make the return or pay the tax in accordance with this article, piuvided that such penalty shall in nu uvent be levied piiui
10 jMiEiy ) iiGtrWitilSt/ilfitting Lll<iL Llic OWil^i" IcHiftu. EG 1^^iSt/z' iciCli V^IllClc Witriiilrii~i ClSyS Ol
its purcrtss6.
SECTION 29.
Said article is further amended by striking Code Section 48-5-471, relating to motor vehi cles owned on January 1 subject to ad valorem taxation, in its entirety and inserting in lieu thereof a new Code Section 48-5-471 to read as follows:
"48-5-471.
Every motor vehicle owned in this state on January 1 by a natural person is subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property only if owned by such natural person at any time during such person's regis tration period. Every vehicle owned in this state by an entity other than a natural per son is, except as specifically provided in Code Section 48-5-472, subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on prop erty if owned by such entity at any time during such entity's registration period. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself."
SECTION 30.
Said article is further amended by striking Code Section 48-5-472, relating to ad valorem taxation of motor vehicles owned and held by dealers for retail sale, returns of dealers' inventory, dealer's assessed value, determination of tax rate, time for payment of taxes, and motor vehicles in transit on January 1, in its entirety and inserting in lieu thereof a new Code Section 48-5-472 to read as follows:
"48-5-472.
(a) For the purpose of this Code section, the term 'dealer' means any person who is en gaged in the business of selling motor vehicles at retail and who holds a valid current dealer's identification number issued by the department.
(b) Motor vehicles which are owned by a dealer are not included within the distinct clas sification of tangible property made by this article for all other motor vehicles. The pro cedures prescribed in this article for returning motor vehicles for ad valorem taxation, determining the applicable rates for taxation, and collecting the ad valorem taxes im posed on motor vehicles do not apply to motor vehicles which are owned by a dealer. Motor vehicles which are owned by a dealer shall not be returned for ad valorem taxa tion, shall not be taxed, and the taxes cm such mutol vehicles hhall be collected in the mamibi piuvided in this Cude section no taxes shall be collected on such motor vehicles until they become subject to taxation as provided in Code Section 48-5-471. No vehicle held by a dealer in inventory for resale shall be subject to ad valorem tax.
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MONDAY, FEBRUARY 20, 1995

791

sussed valtte furtiishsd- bv th6 dct^d.i'tii![feiit for otfaet* motor vehicles (d) The tax authorities of each county shall determine the tax due on each dealer rnotui ynir'ii n g-f Hia "Sfl.mfi~"tfl.x 13.tc iiHPOsfidr^ti otlifir motor vfiliiclfiS--Thfir ad vfllorfini taxfis tn~\ lUOtrGi VGiiiCiGS liciti Dy^fl. cifeiilci iGi Sciic Silo, feuio. Dctwc6.ii J iiiu.kjry J. cinci jftjMT.1 1 <ii c clu.^
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SECTION 31.
Said article is further amended by striking Code Section 48-5-473, relating to returns for taxation and application for and issuance of license plates upon payment of taxes due, in its entirety and inserting in lieu thereof a new Code Section 48-5-473 to read as follows:
"48-5-473.
(a) Each year every owner of a motor vehicle subject to taxation under this article shall return the motor vehicle for taxation and pay the taxes due on the motor vehicle at the time the owner applies for registration of the motor vehicle and for the purchase of a license plate for the motor vehicle or at the time of the first sale or transfer of the motor vehicle after Dm;buibm 31 ui uii May 1, whichever occuib flisl, provided that taxes shall be due at the time of registration or transfer of registration only if such vehicle was owned during the owner's registration period. If Llie uwiitii of a mutui1 vehicle relui us the motui vehicle fui taxation prior lu the date that the application fui the purchase uf a liceube plate is required, the uwilei shall apply foi1 the puicliahe uf thu license plain at the lime uf I'elmii uf the motor vehicle foi laxdtiun. If no license plate is required for the motor vehicle, the owner shall nevertheless return the motor vehicle for taxation as pro vided for in this Code section, but no license plate need be purchased. Except as pi uvided fui iii Code Section 48-0-450 and uxcupl for motor vehicles excluded pursuant tu CuJc

(b) Notwithstanding subsection (a) of this Code section, in the case of an antique or hobby or special interest motor vehicle, as denned in Code Section 48-5-440, the owner or own ers shall certify at the time of returning the antique or hobby or special interest motor vehicle for taxation, paying the taxes due on the motor vehicle, and purchasing a license plate for the motor vehicle or at the time of the first sale or transfer of the motor vehicle after December 31 or on May 1, whichever comes first, that the vehicle is an antique or hobby or special interest motor vehicle as defined in Code Section 48-5-440, and, upon said certification, said vehicle shall be registered and a license plate issued with the im position of an ad valorem tax based on $100.00 valuation, provided that taxes shall be due at the time of registration or transfer of registration only it such vehicle was owned during the owner's registration period?*
SECTION 32.
Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, is amended by striking Code Section 48-10-8, relating to time of

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JOURNAL OF THE SENATE

application and payment for license plate, in its entirety and inserting in lieu thereof the following:
"48-10-8.
Each person subject to a license fee as provided in this chapter shall apply for and obtain the required license plate on or before May 1 uf each year the expiration of the owner's registration period each year. Payment for the license plate shall be made to the com missioner, his a duly authorized agent, or any other person specified by law."
SECTION 33.
This Act shall become effective on January 1, 1997.
SECTION 34.
Any local law enacted pursuant to Code Section 40-2-21, which is in conflict with the provi sions of this Act shall stand repealed on the effective date of this Act.
SECTION 35.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 0, nays 38, and the committee substi tute was lost.
Senators Thompson of the 33rd, Dean of the 31st and Hill of the 4th offered the follow ing substitute to SB 280:
A BILL
To be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for staggered motor vehicle registration over a 12 month period; to provide for four-month registration by local Act; to change certain licensing and registration deadlines; to provide for penalties for late registration; to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, so as to change certain provisions relative to filing an application for a certificate of title; to change certain provisions relative to perfec tion of a dealer's security interest in a motor vehicle; to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to change the method of evaluation of motor vehicles for ad valorem tax purposes; to change the time at which ad valorem taxes on motor vehicles become due and payable; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, so as to change the expiration date for obtaining license plates; to provide for related matters; to provide for an effective date; to provide for the repeal of certain local laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-8, relating to the operation of unregistered vehicles, in its entirety and inserting in lieu thereof the following:
"40-2-8.
(a) Any person owning or operating any vehicle described in Code Section 40-2-20 on any public highway or street alto May 1 uf eac.li yeai without complying with that Code section shall be guilty of a misdemeanor, provided that a person shall register his or her motor vehicle within 30 days after becoming a resident of this state. Any person renting, leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on

MONDAY, FEBRUARY 20, 1995

793

any public highway or street after May 1 uf each yeai without complying with that Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be a separate and distinct offense.
(b) Any vehicle operated in the State of Georgia after May 1 of any year which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal decals affixed to the upper light hand uomei a cor ner or corners of the license plate as designated by the commissioner, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated; provided, however, that the purchaser of a new vehicle or a vehicle which does not have a current and valid registration or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the 21 day period within which the purchaser is required by Code Section 40-2-20 to register or transfer the registration of such vehicle and provided, further, that the purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration or transfer of registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehi cle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties.
(c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle re quired to be registered in the State of Georgia without a valid county decal designating the county where the vehicle was last registered. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subse quent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate."
SECTION 2.
Said chapter is further amended by striking subsection (a) of Code Section 40-2-20, relating to registration and licensing requirements, in its entirety and inserting in lieu thereof the following:
"(a)(l) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, on or before May 1 except as provided in paragraph (3) of this subsection, during the owner's registration period in each yeai, before operating such motor vehicle or trailer, register such vehicle as provided in this chapter, and obtain a license to operate it for the ensu ing year 12 month period until such person's next registration period, and return such vehicle for taxation and remit the ad valorem taxes due on such vehicle. The pur chaser of every new motor vehicle or other motor vehicle which does not have a current and valid Georgia registration, including tractors and motorcycles, or trailer shall, within 21 days of the date of purchase of such vehicle, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year period remaining until such person's next registration period; provided, however, that Tf such vehicle is acquired after the owner's registration period it shall not be subject to and no ad valorem taxes shall be collected until the owner's next registration period and unless such vehicle is owned by such person during such owner's next registration period. The purchaser of every used motor vehicle, including tractors and motorcycles, or trailer which is currently registered shall, within 21 days of the purchase of such vehi cle, transfer such registration as provided in Code Section 40-2-42. No person, com pany, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the current Georgia certificate of registration on such vehicle at the time of such sale or transfer or, if such vehicle does not have a current and valid Georgia certificate of registration, the last certificate of registration for such

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JOURNAL OF THE SENATE

vehicle; provided, however, that in the case of a repossessed or leased motor vehicle, a court ordered sale or other involuntary transfer, a salvage motor vehicle, or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the lienholder or lessor, the transferor, the salvage dealer, or insurer, respectively, shall not be required to obtain and transfer the certifi cate of registration for such vehicle, but shall, prior to the sale of such vehicle, surren der the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation; provided, further, that in those cases where there is no current and valid Georgia certificate of registration or in those situations where the person, company, or corporation selling or transferring the motor vehicle does not possess the certificate of registration, then the purchaser or transferee of such motor vehicle, if such purchaser or transferee is a licensed motor vehicle dealer, may apply to the appropriate county or state for a replacement certificate of registration.
(2) An application for the registration of a motor vehicle may not be submitted sepa rately from the application for a certificate of title for such motor vehicle, unless a certificate of title has been issued in the owner's name, has been applied for in the owner's name, or the motor vehicle is not required to be titled. An and an application for a certificate of title for a motor vehicle may be submitted separately from the appli cation for the registration of such motor vehicle.
(3) In calendar year 1997, motor vehicles registered in Georgia prior to January 1, 1997, shall:
(A) In those counties which, prior to January 1, 1996, have enacted a four-month staggered system of vehicle registration, be registered during the month established by such staggered registration system and shall obtain a registration which shall be valid until the owner's registration period in 1998, and shall return such vehicle for taxation and remit the ad valorem taxes due; or
(B) In those counties which, prior to January 1,1996, do not have a four-month stag gered system of vehicle registration, be registered on or before May 1, 1997, and shall obtain a registration which shall be valid until the owner's registration period In 1998, and shall return such vehicle for taxation and remit the ad valorem taxes due."
SECTION 3.
Said chapter is further amended by striking Code Section 40-2-21, relating to staggered registration periods, in its entirety and inserting in lieu thereof the following:
"40-2-21.
(a) As used in this Oode section chapter, the term:
\j.) P'lctiiici HitietiiS.
ceitificale uf title or othei iccord of ownership, or
\jj) J.' 01' T&ntltlftS OCriGi trieLli jl 3. till1 HI pfilSOiiSj Lritt lll'St Itit/wil 01' WO id 01 tliti OWilci'
WT10SG il&U16 flp^it/Hl S Ol SC Oil tliti C&TLillC&b^ ^JI LiLltt Of Otlicil1 l^CGFu OX OWflci Slii^j.
(2X1) 'Registration period' means:
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B;
(D) The month uf Februaiy for an owner whut,t! narna begins with the letter E, F, Q, II, I, J, 01 K,
(C) The month uf March for an owner whose name begins with the letter L, M, N, 0, P, Q, ui R, ui

MONDAY, FEBRUARY 20, 1995

795

\iJ) i ixjiii Api ii j. iiiiLii on or DGiGi'fi UtiSi^f i lor Hnnowiisr wiios^ ii3.ii.ic uc^nis witii tlic letter S, T, U, V, W, X, Y, ui Z.
(A) In all counties except those for which a local Act has been enacted pursuant to this Code section!
(i) For natural persons, the 30 day period ending at midnight on the birthday of the owner whose surname appears first on the certificate of title or other record of ownership; or
(ii) For entities other than natural persons, the period each year beginning on February 1 and ending at midnight on the last day of March!
(B) In those counties which are authorized by a. local Act enacted pursuant to this Code section to have a four-month staggered registration period:
(i) For natural persons:
(I) The month of January for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of January, February, or March;
(II) The month of February for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of April, May, or June;
(III) The month of March for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of July, August, or September; and
(IV) The month of April for the owner whose surname appears first on the certif icate of title or other record of ownership and whose birthday is in the month of October, November, or December;
(ii) For entities other than natural persons, the period each year beginning on February 1 and ending at midnight on the last day of MarchT
(C) In those counties which are authorized by a local Act enacted pursuant to this Code section not to have staggered registration periods, January 1 through April 30.
(9X2) Vehicle' means every motor vehicle, including a tractor or motorcycle, and every trailer required to be registered and licensed under Code Section 40-2-20.
^D^ 1 fl6 ILXCc^L && ciLLLiiOli^OU 111 SilDS^CtlOll vw 01 tliifc UOQfe StiCLiuiij in c&CliCOUHty IO
Wl^iCll Lilt ^il'OViSiOilS 01 LliiS vJOuc StiCLiGil cil'c liiclClti tO 3.J)|iiy ttS^J.il'OVlQ.Gu iii SUUiScCtlGIl \i/
uf Ihis Code section, the owner of every vehicle registered in the previous calendar year shall, between January 1 and May 1 uf each year, register and obtain a license to operate such vehicle not later than the last day of the owner's registration period. The lessee of a vehicle being operated under a lease agreement may elect to register and obtain a license to operate such vehicle not later than the last day of the registration period of either the lessee or the lessor.
(c) The owner of any vehicle registered in the previous calendar year who moves his or her residence between January 1 and May 1 fiuin & cuuuty tu which this Code sticliuii is uuE applicable to a cuunty to which this Code section i& applicable from a county which does not have staggered registration to a county which has a four-month or 12 month staggered registration period or who moves his or her residence from a county which has a 12 month staggered registration period to a county which has a four-month staggered registration period or to a county which does not have staggered registration or the new owner of a vehicle registered in the previous calendar year which was transferred to such new owner between January 1 and May 1 after the owner's registration period and who resides in a county to which this Code sectluli is applicable which has a staggered regis tration period shall, unless such vehicle has been regi&Uii'ed timing the current calendar year a current registration, register and obtain a license to operate such vehicle prior to the last day of the owner's renewal registration period or, if such renewal registration period has passed at the time of the change of residence or at the time of transfer, on or

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befutti May 1 not later than 30 days following the date of the change of residence or the

date of transfer

~~

(d) Any owner of a vehicle who does not register and obtain a license to operate such vehicle as provided in subsections (b) and (c) of this Code section shall, in addition to any
other penalty which may be imposed if such vehicle is registered after May 1 the final date on which such vehicle is required to be registered, be subject to a $15.00 late regis
tration penalty. Such penalty shall be paid prior to obtaining a registration and license and shall be in addition to the fee provided by law. The penalty provided for in this subsection shall be paid into the general fund of the county. The penalty provided for in
this subsection shall be waived if the penalties provided for in Code Section 40-2-40 are waived or are determined not to be applicable under rules or regulations issued by the commissioner.

(e) The transferee of a new or unregistered vehicle shall register and obtain a license to operate such vehicle as provided in subsection (a) of Code Section 40-2-20.

\I^ IrftiS \JOCre ScCtiOil fcliclll OHly dp|ily tO 3COiJ.ilty WlliCll liJifc D66H Dl'OU.^lll' lillu.^!' Lliii
prOViSiOIlS OI Llii4 \_)Otl& S^CtlOIl J}UISU<i.iiL tO 3. lOCcll liW &H&Ci^Cl L>y tOtt (jrel'i^l 3.1 ASSc.illlily
3.11C1 Slld.il a^jpiy uctj:JiiilllllJ t/cliiUeii'y J. 01 Liiti CtilcilClcLl _yctit' ipcCIilciCl iii SUCll 1OC3.1 13.W. AJiy
local law enacted pursuant to this Code section shall specify either a staggered registra tion period of four months or a nonstaggered registration period of four months. If such local law is conditioned upon approval in a referendum, the results of such referendum shall be certified to the Department of Revenue.
(g) Nulhiiig in tliih Code section hhall pieclude the owner of any vehicle fiorn registering
HHQ uuLciliiiii^ Si lICtillic lor SUCll vtiliiClti |il"iOl' LO 111S Ici^iSLi'citlOil ^scl'iOu.

SECTION 4.

Said chapter is further amended by striking Code Section 40-2-31, relating to license plates and revalidation decals, in its entirety and inserting in lieu thereof the following:
"40-2-31.

(a) If the applicant meets the requirements set forth in this chapter, the commissioner shall assign to the vehicle a license plate bearing a distinctive number.
(b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the 'Peach State.' The metal shall be of such strength and quality that the plate shall provide a minimum service period of five years. Every five years a new metal license plate shall be provided by the commissioner for issuance, ex cept that license plates issued for vehicles in excess of 24,000 26,000 pounds shall be issued annually and no revalidation decal shall be issued for such plates. Metal license plates issued on or after January 1, 1903, may be used until Decembei 01, 1909. Metal license plates issued on 01 afUji January 1, 1990 1997, shall be used for a period of five years. Bicentennial Ikieiihe plates, issued iu 1970 shall aol be iihed after tag year 1969.
(c) The face of the license plate to be displayed shall be treated completely with a retroreflective material which will increase the nighttime visibility and legibility of the plate. The Office of Highway Safety shall prepare the specifications which such retroreflective material shall meet.
(d) In those years in which a metal plate is not issued, a revalidation decal with a distinc tive serial number shall be issued and affixed in the space provided on the license plate

MONDAY, FEBRUAEY 20, 1995

797

assigned to the vehicle: which shall indicate the year and month through which the regis tration of the vehicle shall be valid; provided, however, that if the commissioner deter mines that it is necessary two revaluation decals shall be issued for each license plate to reflect the required information. When an applicant is issued a revalidation decal and such applicant registered the vehicle in another county the previous year, the applicant shall also be issued a new county decal which shall be properly affixed to the license plate and shall replace the other county decal.
(e) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the name of the agent's county. Such a decal shall be issued with each metal license plate and shall be affixed in the space provided on the license plate without obscuring any number or other informa tion required to be present on the plate. A cumily Jecal shall be issued with each
tcvaliucitiLui ucL-Hl iSbucu m lt/oi& ami Sliail DC piupfilTy alli.ft.i3u tO Liic uCenkc yliitc.
(f) A county tag agent shall issue a county name decal for the agent's county only if:
(1) The vehicle for which the decal is issued is currently registered in the county named on the decal;
(2) The registration for the vehicle for which the decal is issued is being transferred to a resident of the county named on the decal; or
(3) An application for registration of the vehicle for which the decal is issued is being made in the county named on the decal."
SECTION 5.
Said chapter is further amended by striking Code Section 40-2-34, relating to reports and remittances by tag agents, in its entirety and inserting in lieu thereof the following:
"40-2-34.
(a) All county tag agents accepting license applications shall endeavor to submit to the commissioner on at least a weekly basis reports of license applications handled and remit with such reports related sums of money to which the Department of Revenue is entitled. Except as provided in subsection (e) uf this Code section, all All tag reports of license applications handled and related sums of money to which the Department of Revenue is entitled must be submitted to the commissioner within 14 calendar days from the close of the business week during which the aforementioned license applications were handled and related sums of money received. The term "business week' shall mean Monday through Friday (or Saturday if applicable).
(b) Funds received as a result of the handling of license applications shall be considered trust funds in the hands of such tag agents until such time as paid over to the commissioner.
(c) Failure Except ah piuvidud in subsection (e) of this Cude section, fdiluic to submit the reports or remit the funds within the 14 day period as required by this Code section shall result in the penalties imposed by Code Section 48-2-44.
(d) Before the expiration of the time period within which a tag report is required to be filed with the commissioner or related funds remitted to the commissioner, application may be made to the commissioner for an extension. The commissioner shall be author ized, upon a showing of justifiable cause, to grant up to a 30 day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports or funds due the commissioner for a specific busi ness week.
\Q) ll'l'GSjJcCtiVG 01 Liiy Qcicitlllllti S lei Lei u ill SLluStiCLiOri. (,C/ 01 tlliS wOQ.c "SfiCElGii, lOi'tlic
iiiOiiLliS 01 IVliti'Cli iiiiii Aplil Llltt UccLullllG 101 SllDliliLliiij^ tfl. 1tipOi'tS tHiQ IcilcltGQ SuiuS 01
illOil^y tO til COillii.liSSiOil.fii S113.il DC oU u&yS li'Oill tn& ClOSc OI tlic DU.S1HGSS Wccn. Ctliriilg
!,did months. Theie shall be 110 extension granted from said 30 day deadline fui business

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JOURNAL OF THE SENATE

(f) Proof of mailing within the appropriate time periods provided for in this Code section, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the county tag agent has complied in a timely manner with the duties enumerated by this Code section."
SECTION 6.
Said chapter is further amended by striking subsection (a) of Code Section 40-2-40, relating to the registration of delinquent vehicles, in its entirety and inserting in lieu thereof the following:
"(a) On and after May 2 iii each yeai, Ihe The owner of a vehicle required to be registered under Code Section 40-2-20 which was registered for the previous year, who has failed to comply with Code Section 40-2-20 for the current year; shall be deemed and held to be a delinquent under this Code section; and the registration of such vehicle shall, on May 2 and thereafter after the expiration of the owner's registration period, be subject to a penalty of 25 percent of the registration fee for such vehicle in addition to the fee pro vided by law, provided that such penalty shall in no event be levied prior to May 2 the expiration of the owner's registration period, notwithstanding that the owner failed to register such vehicle within 21 days of its purchase."
SECTION 7.
Said chapter is further amended by striking Code Section 40-2-62, relating to special li cense plates for members of the General Assembly, in its entirety and inserting in lieu thereof the following:
"40-2-62.
The commissioner shall mail special and distinctive license plates printed for members of the General Assembly to the local tag agent in the counties wherein such members reside on or before December 31 of the owner's registration period each year. Such special and distinctive license plates shall be issued only upon applications made to the local tag agent and payment of a $25.00 manufacturing fee. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this chap ter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Special and distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The special license plates issued pursuant to this Code section may be transferred to another vehicle as provided in Code Section 40-2-80.''
SECTION 8.
Said chapter is further amended by striking Code Section 40-2-63, relating to special li cense plates issued to sheriffs, in its entirety and inserting in lieu thereof the following:
"40-2-63.
On or befuie December 31 of each year, the The commissioner shall mail to the local tag agents special and distinctive license plates for the elected sheriffs in the counties of this state on or before the owner's registration period of each sheriff. The sheriffs shall make application with the local tag agent and shall pay a fee of $25.00. Special sheriff's sher iffs' license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. License plates shall be issued by the local tag agents upon proper application and in accordance with the

MONDAY, FEBRUARY 20, 1995

799

terms of Article 2 of this chapter. Only one special and distinctive license plate shall be issued to each elected sheriff fur his personal motoi vehicle; however, a sheriff may choose to use his the sheriff's distinctive license plate either on his the law enforcement vehicle assigned to such sheriff or his sheriff's on his or her personal vehicle."
SECTION 9.
Said chapter is further amended by striking Code Section 40-2-65, relating to special li cense plates for active reserve components of the United States, in its entirety and in serting in lieu thereof the following:
"40-2-65.
(a) Motor vehicle owners who are assigned or attached members of troop program units of any branch of the active reserve components of the United States inside or outside the State of Georgia shall be eligible to receive free motor vehicle license plates for private passenger cars or trucks used for personal transportation. Motor vehicle owners who are members of any National Guard unit in a state adjoining the State of Georgia and for whom there is no National Guard unit in the county of their residence shall be eligible to receive free motor vehicle plates for private passenger cars or trucks used for personal transportation to identify such vehicle owner as a reservist. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licens ing of motor vehicles as prescribed in Article 2 of this chapter. No person shall be enti tled to more than one free motor vehicle license plate for any calendar year; provided, however, that, upon payment of the regular license fee provided for in Code Section 4810-2 and a manufacturing fee of $25.00, a reservist shall be entitled to receive one addi tional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols in addition to numbers and letters prescribed by law shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the TJnited States military reserve.' The major commanders of each active reserve compo nent program shall furnish to the commissioner each yeai piku tu the date that license plates are issued a list of the members of their command assigned or attached to troop program units who reside in Georgia. The adjutant general of each neighboring state shall furnish to the commissioner each year prior to the date thai license plates are is sued a list of the members of that state's National Guard unit who reside in Georgia. The lists of reservists and guardsmen required under this subsection shall be updated as necessary throughout the calendar yearT
(b)(l) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a member of the 'United States military reserve,' such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the said reservist acquire another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle, and such re servist shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regula tion. No transfer or cancellation fee shall be charged for the transfer of free reservist license plates. There shall be a transfer and cancellation fee of $5.00 for the transfer of any other reservist license plate.
(2) Should an active reservist who has been issued a free license plate or license plates be discharged or otherwise separated from his or her reserve unit, the immediate commanding officer of such active reservist shall obtain the discharged member's free li cense plate or license plates at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such person has been dis charged, and thereupon the commissioner shall issue a regular license plate or license plates, at no additional charge, to such former reservist to replace the reservist plate or

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JOURNAL OF THE SENATE

plates. Should an active reservist enlist or be commissioned after he has purchased purchasing a regular license plate for the his or her current year registration period, the commanding officer of the unit in which such person enlists or is commissioned shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has been enlisted or commissioned in a troop program unit of the reserve components, and the effective date thereof, whereupon the commissioner shall issue a reservist license plate, at no extra charge, to such new member to replace the returned regular plate. Upon such request for a change in plate for a discharged reservist or a newly enlisted reservist, the commanding officer shall furnish such member with a copy of his the commanding officer's letter to the commissioner requesting the appropriate change in plate, which copy of'such letter may be used by such member pending the issuance of the new plate.
(c) The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these plates in lieu of the regular Georgia li cense plates, and all applications for such plates shall be made to the commissioner. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable."
SECTION 10.
Said chapter is further amended by striking Code Section 40-2-66, relating to special li cense plates for members of the Georgia National Guard, in its entirety and inserting in lieu thereof the following:
"40-2-66.
(a)(l) Motor vehicle owners who are members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate, as prescribed in that article for private passenger cars or trucks used for personal transportation. Each member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the Georgia National Guard. The adjutant general of Georgia shall furnish to the commissioner each yv<u, priui tu the dal that license plates are issued, a list of the members of the Georgia National Guard which list shall be updated throughout the year as necessary.
(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, 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 re tired member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual regis tration fee of $25.00 which fee shall be collected by the county tag agent at the time of

MONDAY, FEBRUARY 20, 1995

801

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 paragraph (1) of this subsection. The adjutant general of Georgia shall furnish to the commissioner each yeai, piioi1 to the date that license plates are issued, a list of the retired members of the Georgia National Guard which list shall be updated as necessary throughout the year.
(b) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words 'National Guard," such plate shall be removed and the authority to use the same shall thereby be canceled; however, after such a transfer of ownership occurs, should the said member or retired member of the National Guard ac quire another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle and such member or retired member shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation and shall pay a transfer and cancellation fee of $5.00 and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. No transfer or cancellation fee shall be charged for the transfer of free National Guard license plates. There shall be a transfer and cancellation fee of $5.00 for the transfer of any other National Guard license plate. Should a member of the National Guard who has been issued a National Guard license plate be discharged or otherwise separated except by retirement from the National Guard, the immediate commanding officer of such member shall obtain the discharged member's National Guard license plate or plates at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such member has been discharged, and there upon the commissioner shall issue a regular license plate or plates, at no additional charge, to such former National Guard member to replace the National Guard plate. Should a member of the National Guard enlist or be commissioned hi the National Guard after lie has pui chased purchasing a regular license plate for the current year, the com manding officer of the unit in which such member enlists or is commissioned shall like wise secure the regular license plate of such new member and return same to the commissioner, along with a certificate to the effect that such new member has been en listed or commissioned in the National Guard and the effective date thereof, whereupon the commissioner shall issue a National Guard license plate, at no extra charge, to such new member to replace the returned regular plate leiumed to him. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard, the commanding officer shall furnish such member with a copy of his the commanding officer's letter to the commissioner requesting the appropri ate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate.
(c) The commissioner shall, mi or befuie Maich 1 in each year, furnish to the sheriff of each county in the state an alphabetical arrangement of the list of names, addresses, and license plate letters of each person to whom a license plate is issued under this Code section, and it shall be the duty of the sheriffs of the state to maintain and to keep cur rent such lists for public information and inquiry.
(d) The commissioner shall make such rules and regulations as necessary to enforce com pliance with all state license laws relating to the use and operation of a private passen ger car before issuing National Guard plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The commis sioner is specifically authorized to make all rules and regulations necessary to make ade quate provision for instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable."

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JOURNAL OF THE SENATE

SECTION 11.
Said chapter is further amended by striking subsection (a) of Code Section 40-2-75, relating to special license plates for amateur radio operators, in its entirety and inserting in lieu thereof the following:
"(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 Communications Commission, upon application, accompanied by proof of ownership of such license, and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles shall be issued, free of charge, a special de sign license plate for a private passenger vehicle upon which shall be inscribed the offi cial 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, liowevei, Ihal, upon payment of the
ic^ulHt' 11C6I1S6 166 JjrOVlflftCl 101" 111 \_/Ou6 oSCtlOil iiU~iU~Ji &ilu <iii liilLicll iilJUIUIclCLm'iii^ tc^
01 ipJ&{_>.UU, 3. llCCilSGti 3.m&LtiLLt' 1'ciiilO Optil'iLOl' ibliclll L)C ciilLiLltiQ CO Oilti HQClitiOiiJil SU.C11 li~
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fee was required, there shall be an additional diurnal registration fee of $25.00 which fee
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fees and shall be remitted to the state as provided m Code Section 40-2-34. The commis sioner 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 12.
Said chapter is further amended by striking subsection (a) of Code Section 40-2-78, relating to special license plates for firefighters, in its entirety and inserting in lieu thereof the following:
"(a) Any resident motor vehicle owners who are firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 and who are members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are certified firefighters of legally organized volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25 may submit an application to the commissioner for a special and distinctive vehicle license plate identifying the owner as a certified firefighter for a private passenger car or truck used for personal transportation. The commissioner shall retain all applications for such special firefighters' license plates until a minimum of 500 applications have been received. If the commissioner does not receive the required minimum 500 applications no later than July 31 of the year preceding the initial year of issuance of such plates, no such special plates shall be issued and all fees shall be re funded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No firefighter shall be entitled to more than one special and distinctive motor vehicle license plate. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as determined by the commis sioner to identify the owner as a certified firefighter. The chiefs of the various fire de partments shall furnish to the commissioner eac.li year prior to the date that license platen, are issued a list of the certified firefighters of their fire departments who reside in Georgia which list shall be updated as necessary."
SECTION 13.
Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, security interests, and liens, is amended by striking subsection (b) of Code Section 40-3-21, relating to application for a first certificate of title, in its entirety and inserting in lieu thereof the following:
"(b) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of the holder of any security interest created or reserved at the time of

MONDAY, FEBRUARY 20, 1995

803

the sale by the dealer. The application shall be signed by the owner and, unless the dealer's signature appears on the certificate of title or manufacturer's statement of origin submitted in support of the title application, the dealer. The dealer shall promptly mail or deliver the application to the commissioner or his appropriate authorized the county tag agent of the county in which the seller is located, of the county in which the sale takes placeTof the county in which the vehicle is delivered, or of the county wherein the vehicle owner resides so as to have the application submitted to the commissioner or fais appropriate authorized such county tag agent within 90 days from the date of the sale of the vehicle. If the application is not submitted within that time, the dealer, or in nondealer sales the transferee, shall be required to pay a penalty of $10.00 in addition to the ordinary title fee paid by the transferee provided for in this chapter. If the docu ments submitted in support of the title application are rejected, the dealer submitting the documents shall have 60 days from the date of initial rejection to resubmit the docu ments required by the commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional pen alty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a certificate of title for a purchaser shall be grounds for suspension or revocation of the dealer's state issued license and registration for the sale of motor vehicles."
SECTION 14.
Said chapter is further amended by striking subsection (b) of Code Section 40-3-50, relating to perfection of security interests generally, in its entirety and inserting in lieu thereof the following:
"(b) A security interest is perfected by delivery to the commissioner or to the county tag agent in of the county in which the seller is located, of the county in which the sale takes place, of the county in which the vehicle is delivered, or of the county wherein the vehicle owner resides of the existing certificate of title, if any, and an application for a certificate of title, containing the name and address of the holder of a security interest and the required fee. The security interest is perfected as of the time of its creation if the initial delivery to the commissioner or local tag agent is completed within 20 days thereafter, regardless of any subsequent rejection of the application for errors; otherwise, as of the date of the delivery to the commissioner or local tag agent. The local tag agent shall issue a receipt or other evidence of the date of filing of such application. When the secur ity interest is perfected as provided for in this subsection, it shall constitute notice to everybody of the security interest of the holder."
SECTION 15.
Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, is amended by striking Code Section 48-5-442, relating to preparation and distribution of uniform evaluation of motor vehicles for tax purposes, in its entirety and inserting in lieu thereof a new Code Section 48-5-442 to read as follows:
"48-5-442.
(a)(l) The commissioner shall prepare at least annually and distribute to each of the tax~cbllectors and tax commissioners both a uniform evaluation of all motor vehicles for use as the taxable value of the motor vehicles and uniform proteduieti fui the evalua tion of all mobile huuies subject to this article. Each evaluation shall reflect the cur rent fair market value for all motor vehicles as 5etermined by the commissioner.
(2) The commissioner shall prepare annually and distribute to each of the tax collectors and tax commissioners uniform procedures for the evaluation of all mobile homes sub ject to this article.
(b) Notwithstanding subsection (a) of this Code section, all antique and hobby or special interest motor vehicles, as defined in Code Section 48-5-440, shall, notwithstanding true fair market value if any, be deemed by the commissioner to have a fair market value of

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$100.00 in the uniform evaluation prepared and distributed annually by the commissioner."
SECTION 16.
Said article is further amended by striking Code Section 48-5-451, relating to the penalty for failure to make return or pay tax on motor vehicle or mobile home, in its entirety and inserting in lieu thereof a new Code Section 48-5-451 to read as follows:
"48-5-451.
Every owner of a motor vehicle or a mobile home, in addition to the ad valorem tax due on the motor vehicle or mobile home, shall be liable for a penalty of 10 percent of the tax due or $1.00, whichever is greater, for his the failure to make the return or pay the tax in accordance with this article, provided that !uch penalty shall in nu event be levied prior
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itS jjU.rC113.Sti.
SECTION 17.
Said article is further amended by striking Code Section 48-5-471, relating to motor vehi cles owned on January 1 subject to ad valorem taxation, in its entirety and inserting in lieu thereof a new Code Section 48-5-471 to read as follows:
"48-5-471.
Every motor vehicle owned in this state on January 1 by a natural person is subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property only if owned by such natural person at any time during such person's regis tration period. Every vehicle owned in this state by an entity other than a natural per son is, except as specifically provided in Code Section 48-5-472, subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on prop erty if owned by such entity at any time during such entity's registration period. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself."
SECTION 18.
Said article is further amended by striking Code Section 48-5-472, relating to ad valorem taxation of motor vehicles owned and held by dealers for retail sale, returns of dealers' inventory, dealer's assessed value, determination of tax rate, time for payment of taxes, and motor vehicles in transit on January 1, in its entirety and inserting in lieu thereof a new Code Section 48-5-472 to read as follows:
"48-5-472.
(a) For the purpose of this Code section, the term 'dealer' means any person who is en gaged in the business of selling motor vehicles at retail and who holds a valid current dealer's identification number issued by the department.
(b) Motor vehicles which are owned by a dealer are not included within the distinct clas sification of tangible property made by this article for all other motor vehicles. The pro cedures prescribed in this article for returning motor vehicles for ad valorem taxation, determining the applicable rates for taxation, and collecting the ad valorem taxes im posed on motor vehicles do not apply to motor vehicles which are owned by a dealer. Motor vehicles which are owned by a dealer shall not be returned for ad valorem taxa tion, shall not be taxed, and the taxes on such mutui vehicles shall be collected in the manner piuvided in this Code seclkm no taxes shall be collected on such motor vehicles until they become subject to taxation as provided in Code Section 48-5-471. No vehicle held by a dealer in inventory for resale shall be subject to ad valorem tax.
\C/ All WilOiSScll^ 3.H.Q J'CLHll CltHltil S 01 iliOLui' VGI11CIGS Slicili PfitlUTlttlSil* iilVGiltOry Oil 'trift
first weak day uf each calendar yum1 . The inventoiy shall be substantiated by piuperly executed depai tment license forms prepared for tin

MONDAY, FEBRUARY 20, 1995

805

inventory and the fuims shall show the identification numbers of each inotoi1 vehicle.
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of each year shall nut be subject to t^gdtio^ for that yeai . Dealers shall submit proof that
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SECTION 19.
Said article is further amended by striking Code Section 48-5-473, relating to returns for taxation and application for and issuance of license plates upon payment of taxes due, in its entirety and inserting in lieu thereof a new Code Section 48-5-473 to read as follows:
"48-5-473.
(a) Each year every owner of a motor vehicle subject to taxation under this article shall return the motor vehicle for taxation and pay the taxes due on the motor vehicle at the time the owner applies for registration of the motor vehicle and for the purchase of a license plate for the motor vehicle or at the time of the first sale or transfer of the motor vehicle after December 31 ui on May 1, whichever occuis fli&t, provided that taxes shall be due at the time of registration or transfer of registration only if such vehicle was owned during the owner's registration period, tftne owaei ol'a mulcn1 vehicle letmiis the
illOT/Ol VdliClG lor t3Ji.cltiOil ^31'i.Or1 tO til 6 ClfltG Ulat Lilc ap^llCctLlOil IO1T Lllc pUl CnfliOC OI 3 liC^ilS^ J^lclLti iS I'tiQUirCCi, tll6 OWI1G11 Stl3.ll flpJJly IGF Lliti |^ui CllctStl 01 LI ic IiCtilfeci lilRLti ck.L Llic
Lime uf letum uf the motor vehicle for taxation. If no license plate is required for the motor vehicle, the owner shall nevertheless return the motor vehicle for taxation as pro vided for in this Code section, but no license plate need be purchased. Except as provided fui in Code Dettion 48-0-450 and except for motor vehicles excluded pursuant to Code Section 4B-0-472, no license plate for any motor vehicle shall be issued by the tax collec-
LOi1 Oi LiiiX OOilluiii^jbiijiici uiiLil all LC1 V&lOiciu Lciji^S uU4b uii Lilc ii^OtOi' VclliClc licivc Occii
paid.
(b) Notwithstanding subsection (a) of this Code section, in the case of an antique or hobby or special interest motor vehicle, as defined in Code Section 48-5-440, the owner or own ers shall certify at the time of returning the antique or hobby or special interest motor vehicle for taxation, paying the taxes due on the motor vehicle, and purchasing a license plate for the motor vehicle or at the time of the first sale or transfer of the motor vehicle after December 01 or on May 1, whichever uomes first, that the vehicle is an antique or hobby or special interest motor vehicle as defined in Code Section 48-5-440, and, upon said certification, said vehicle shall be registered and a license plate issued with the im position of an ad valorem tax based on $100.00 valuation, provided that taxes shall be due at the time of registration or transfer of registration only if such vehicle was owned during the owner's registration period."
SECTION 20.
Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, is amended by striking Code Section 48-10-8, relating to time of

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JOURNAL OF THE SENATE

application and payment for license plate, in its entirety and inserting in lieu thereof the following:
"48-10-8.
Each person subject to a license fee as provided in this chapter shall apply for and obtain the required license plate on or before May 1 of eax.li year the expiration of the owner's registration period each year. Payment for the license plate shall be made to the com missioner, his a duly authorized agent, or any other person specified by law."
SECTION 21.
This Act shall become effective on January 1, 1997.
SECTION 22.
Any local law enacted pursuant to Code Section 40-2-21, which is in conflict with the provi sions of this Act shall stand repealed on the effective date of this Act.
SECTION 23.
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 Thompson, et al.
substitute was adopted. Pursuant to Senate Rule 143, action on SB 280 was suspended and the bill was placed
on the Senate General Calendar.

SB 250. By Senators Henson of the 55th, Thomas of the 10th, James of the 35th and Stokes of the 43rd:

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 cer tain persons 15 years of age or over while taking instruction from a licensed driving instructor or an approved high school driver education instructor; to pro
vide for eyesight examinations.

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

On 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 Black Blitch Boshears
Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison
Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard
Ragan Ralston Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

MONDAY, FEBRUARY 20, 1995

807

Those not voting were Senators:

Bowen

Starr

Walker

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 138. By Senators Pollard of the 24th and Cheeks of the 23rd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the provisions re lating to reinstatement of business and nonprofit corporations following admin istrative dissolution.

The Senate Committee on Special Judiciary offered the following substitute to SB 138:

A BILL
To be entitled an Act to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the provisions relating to reinstatement of business and nonprofit corporations following administrative dissolution; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by striking Code Section 14-2-1422, relating to reinstatement of a business corporation following administrative dissolution, and inserting in lieu thereof a new Code Section 14-2-1422 to read as follows:
"14-2-1422.
(a) A corporation administratively dissolved under Code Section 14-2-1421 may apply to the Secretary of State for reinstatement within two five years after the effective date of dissolution. The application must:
(1) Recite the name of the corporation and the effective date of its administrative dissolution;
(2) State that the ground or grounds for dissolution either did not exist or have been eliminated;
(3) State that the coi pui dlioii's name by which the corporation will be known after reinstatement satisfies the requirements of Code Section 14-2-401;
(4) Contain a statement by the corporation reciting that all taxes owed by the corpora tion have been paid; and
(5) Be accompanied by an amount equal to the total annual registration fees and penal ties that would have been payable during the periods between dissolution and rein statement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods.
(b) If the corporation's name no longer satisfies the requirements of Code Section 14-2401, the corporation shall, as a condition of reinstatement, include in its application for reinstatement the adoption of a corporate name that is available in accordance with Code Section 14-2-401 and that has been reserved pursuant to Code Section 14-2-402. If the application for reinstatement contains a new corporate name, the articles of incorpora tion shall be deemed to have been amended to change the name of the corporation to the name so adopted'
(bXc) If the Secretary of State determines that the application contains the information required by subsection (a) of this Code section and that the information is correct, he the

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Secretary of State shall prepare a certificate of reinstatement that recites his or her de termination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the corporation under Code Section 14-2-504.
(cXd) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation resumes carrying on its business as if the administrative dissolution had never occurred.
(e) This Code section shall apply to all corporations administratively dissolved under Code Section 14-2-1421 or any similar former statute, regardless of the date of dissolution."
SECTION 2.
Said title is further amended by striking Code Section 14-3-1422, relating to reinstatement of a nonprofit corporation following administrative dissolution, and inserting in lieu thereof a new Code Section 14-3-1422 to read as follows:
"14-3-1422.
(a) A corporation administratively dissolved under Code Section 14-3-1421 may apply to the Secretary of State for reinstatement within two five years after the effective date of dissolution. The application must:
(1) Recite the name of the corporation and the effective date of its administrative dissolution;
(2) State that the ground or grounds for dissolution either did not exist or have been eliminated;
(3) State that the corporation's name by which the corporation will be known after reinstatement satisfies the requirements of Code Section 14-3-401;
(4) Contain a statement by the corporation reciting that all taxes owed by the corpora tion have been paid; and
(5) Be accompanied by an amount equal to the total annual registration fees and penal ties that would have been payable during the periods between dissolution and rein statement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods.
(b) If the corporation's name no longer satisfies the requirements of Code Section 14-3401, the corporation shall, as a condition of reinstatement, include in its application for reinstatement the adoption of a corporate name that is available in accordance with Code Section 14-3-401 and that has been reserved pursuant to Code Section 14-3-402. If the application for reinstatement contains a new corporate name, the articles of incorpora tion shall be deemed to have been amended to change the name of the corporation to the name so adoptedT
fb)(c) If the Secretary of State determines that the application contains the information required by subsection (a) of this Code section and that the information is correct, he the Secretary of State shall prepare a certificate of reinstatement that recites his or her HeT termination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the corporation under Code Section 14-3-504.
(cXd) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation resumes carrying on its business as if the administrative dissolution had never occurred.
(e) This Code section shall apply to all corporations administratively dissolved under Code Section 14-3-1421 or any similar former statute, regardless of the date of dissolution."

MONDAY, FEBRUARY 20, 1995

809

SECTION 3.

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

Senator Pollard of the 24th offered the following amendment:

Amend SB 138 committee substitute by inserting in the title immediately preceding the words: "to repeal conflicting laws;" the following: "to provide an effective date;". By inserting a new section immediately preceding the last section the following:

"SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
By redesignating Section 3 as Section 4.
On the adoption of the amendment, the yeas were 32, nays 0, and the Pollard amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 36, nays 0, and the committee substi tute 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill
Oliver Perdue
Pollard
Ragan Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner
Walker

Those not voting were Senators:

Ralston

Starr

Tysinger

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

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JOURNAL OF THE SENATE

SB 338. By Senators Slotin of the 39th, Harbison of the 15th and Henson of the 55th:
A bill to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide for legislative findings relating to nonjudicial tax foreclosure procedures; to provide for judicial in rem tax foreclosure; to provide for definitions; to provide for the filing of a petition for tax foreclosure; to provide for notice; to provide for a judicial hearing; to provide for payment of taxes; to provide for a foreclosure sale; to provide for a period of redemption.

Senators Slotin of the 39th and Starr of the 44th offered the following amendment:

Amend SB 338 by striking on line 27 of page 8 the number "90" and inserting in lieu thereof the number "45".
By striking on line 1 of page 10 the letter "c" and inserting in lieu thereof the letter "d".
By striking on line 2 on page 11 the word "Grantor" and inserting in lieu thereof the words "the owner".
By striking line 39 on page 7 and lines 1 and 2 on page 8 and inserting in lieu thereof the following:
"preceding the filing of the petition, the court may postpone the hearing, for a period of up to six months, to allow the administrator or executor of the estate adequate time to close the estate."
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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Isakson James Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner

Those not voting were Senators:

Hooks Johnson of 2nd

Starr Tysinger

Walker

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Newbill of the 56th gave notice that at the proper time she would move that the Senate reconsider its action on SB 338.

MONDAY, FEBRUARY 20, 1995

811

SB 182. By Senators Farrow of the 54th, Oliver of the 42nd and Clay of the 37th:
A bill to amend Code Section 9-11-42 of the Official Code of Georgia Annotated, relating to consolidation of actions and severance, so as to repeal the require ment that the parties consent to a consolidation of actions.

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

On 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow

Gillis

Gochenour

Griffin

Guhl

Harbison

Henson

Hill

Hooks

Isakson

James

Johnson of 2nd

Johnson of 1st

Kemp

Land

Langford

.

Madden

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Stokes Taylor Thomas Turner Tysinger Walker

Voting in the negative were Senators Tanksley and Thompson.

Those not voting were Senators:

Glanton

Marable

Starr

On the passage of the bill, the yeas were 51, nays 2. The bill, having received the requisite constitutional majority, was passed.

SR 136. By Senators Day of the 48th, Cagle of the 49th, Slotin of the 39th and others:

A resolution urging the United States Senate to adopt the balanced budget amendment.

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 Black Blitch Boshears Bowen
Broun of 46th Burton Cagle Cheeks
Clay

Crotts Day Dean Edge Egan Farrow
Gillis Gochenour Griffin Guhl
Harbison

Henson Hooks Isakson James Johnson of 2nd Johnson of 1st
Kemp Land Langford Madden
Marable

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JOURNAL OF THE SENATE

McGuire Middleton Newbill Oliver Perdue Pollard

Ragan Ralston Ray Scott Slotin Starr

Stokes Tanksley Taylor Thompson Turner Tysinger

Voting in the negative were Senators Brown of the 26th and Thomas.

Those not voting were Senators:

Glanton

Hill

Walker

On the adoption of the resolution, the yeas were 51, nays 2. The resolution, having received the requisite constitutional majority, was adopted.

SB 198. By Senators Farrow of the 54th, Ralston of the 51st and Cagle of the 49th:
A bill to amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to the crime of manufacturing, selling, or distributing false identifica tion documents, so as to make it unlawful for any person to knowingly possess a false identification document; to provide penalties; to provide exceptions with respect to certain penalties.

The Senate Committee on Special Judiciary offered the following amendment:

Amend SB 198 by adding on line 4 of page 1 immediately following the word "possess" the following:
"with intent to defraud or deceive".
By adding on line 16 of page 1 immediately following the word "possess" the following:
"with intent to defraud or deceive".
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle Cheeks Clay
Crotts Day Dean Edge Farrow Gillis

Gochenour Griffin Guhl Harbison Henson Hill
Hooks Isakson James Johnson of 1st Kemp Land
Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston
Ray Scott Slotin Starr Stokes Tanksley
Taylor Thomas Thompson Tysinger Walker

MONDAY, FEBRUARY 20, 1995

813

Those not voting were Senators:

Egan Glanton

Johnson of 2nd

Turner

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

SB 161. By Senators Clay of the 37th and Thompson of the 33rd:
A bill to amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedures for disposition of property no longer needed for public road purposes, so as to change the provisions relating to the disposition of prop erty for which the right of acquisition has not been exercised; to provide that a county or municipality may sell property by listing the property through real estate brokers.

The Senate Committee on Finance and Public Utilities offered the following amendment:

Amend SB 161 by adding on line 18 of page 2 between the word "located" and the period the following:
", or outside the county if such businesses are not located in the county where the prop erty is located"!
On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen
Broun of 46th Brown of 26th Cagle Cheeks Clay Crotts Day Dean Edge Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill
Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard
Ragan Ralston
Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger
Walker

Those not voting were Senators:

Burton

Egan

Scott

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

814

JOURNAL OF THE SENATE

SB 255. By Senators Ralston of the 51st, Land of the 16th and Clay of the 37th:
A bill to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to imputable negligence, so as to increase the amount for which a par ent or guardian having custody and control over a minor child shall be liable for the willful or malicious act of the minor resulting in property damage.

The Senate Committee on Judiciary offered the following substitute to SB 255:

A BILL
To be entitled an Act to amend Chapter 2 of Title 51 of the Official Code of Georgia Anno tated, relating to imputable negligence, so as to increase the amount for which a parent or guardian having custody and control over a minor child shall be liable for the willful or malicious act of the minor resulting in property damage; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to imputable negli gence, is amended by striking in its entirety Code Section 51-2-3, relating to liability for the malicious acts of a minor, and inserting in lieu thereof a new Code section to read as follows:
"51-2-3.

(a) Every parent or guardian having the custody and control over a minor child or chil dren under the age of 18 shall be liable in an amount not to exceed $5,000.00 $10000.00 plus court costs for the willful or malicious acts of the minor child or children resulting in damage to the property of another.
(b) This Code section shall be cumulative and shall not be restrictive of any remedies now available to any person, firm, or corporation for injuries or damages arising out of the acts, torts, or negligence of a minor child under the 'family-purpose car doctrine' or any statutes now in force and effect in this state.
(c) The intent of the General Assembly in passing this Code section is to provide for the public welfare and aid in the control of juvenile delinquency, not to provide restorative compensation to victims of injurious or tortious conduct by children."

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 Black Blitch Boshears Bowen
Broun of 46th Brown of 26th

Burton Cagle Cheeks Clay Crotts Day
Dean Edge

Egan Farrow Gillis Glanton Gochenour Griffin
Guhl Harbison

MONDAY, FEBRUARY 20, 1995

815

Henson Hill Hooks Isakson Johnson of 2nd Johnson of 1st Kemp Land Langford

Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ralston

Ray Scott Slotin Starr Stokes Tanksley Taylor Thompson Tysinger

Those not voting were Senators:

James Ragan

Thomas Turner

Walker

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

SB 231. By Senators Ralston of the 51st and Farrow of the 54th:

A bill to amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, so as to change the provisions relating to venue under the long-arm statute.

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

On 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan
Farrow

Gillis Glanton Gochenour
Griffin Guhl Harbison
Henson Hill
Hooks Isakson James Johnson of 2nd Johnson of 1st Land Langford Madden Marable

McGuire Middleton Newbill
Oliver Perdue Pollard
Ragan Ralston
Ray Scott Slotin Starr Stokes Taylor Thompson Tysinger Walker

Those not voting were Senators:

Kemp Tanksley

Thomas Turner

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

SB 211. By Senator James of the 35th:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the authority of the department of public safety to make licenses readily distinguishable for persons convicted of DUI offenses.
Senator James of the 35th offered the following substitute to SB 211:
A BILL
To be entitled an Act to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the authority of the department of public safety to make licenses readily distin guishable for persons convicted of DUI offenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, is amended by adding to the end of Code Section 40-5-63, relating to periods of suspension and conditions to return of license, a new subsection (f) to read as follows:
"(f) Notwithstanding any other provision of law to the contrary, the department shall not return the original license of a person convicted of the offense of driving under the influ ence of alcohol in violation of Code Section 40-6-391 to such person following the expira tion of the period of suspension, but the department shall require that, upon reinstatement of such license and upon payment of the required restoration fee, such person apply for a new license which shall be obtained in the same manner and under the same conditions and limitations as are provided in Code Section 40-5-32, relating to renewals of licenses. A new license issued to a person pursuant to this subsection shall bear a distinctive color which shall render it readily distinguishable from all other licenses issued to other applicants. Upon the expiration of such license in the fourth year following its issuance as provided in Code Section 40-5-33, the holder of such license may obtain a new license which shall not be distinctive in color."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 40, nays 0, and the James substitute was adopted.
Pursuant to Senate Rule 143, action on SB 211 was suspended and the bill was placed on the Senate General Calendar.
Senator Clay of the 37th moved that the following bill, having been placed on the Table on February 15, be taken from the Table:
SB 175. By Senators Clay of the 37th and Newbill of the 56th:
A bill to amend Code Section 20-2-162 of the Official Code of Georgia Annotated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to the program adjustment amount for training and experience.

MONDAY, FEBRUARY 20, 1995

817

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Edge

Egan Farrow Glanton Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp

Land Madden McGuire Middleton Newbill Pollard Ragan Scott Slotin Stokes Tanksley Thompson Turner Tysinger

Those voting in the negative were Senators:

Brown of 26th Dean
Gillis Langford

Marable Oliver Perdue

Ray Taylor Thomas

Those not voting were Senators:

Henson Ralston

Starr

Walker

On the motion, the yeas were 42, nays 10; the motion prevailed, and SB 175 was taken from the Table and placed at the foot of the Calendar.

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

Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:

HB 417. By Representative Mueller of the 152nd:
A bill to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to elections for bonded indebtedness, so as to provide that certain provi sions regarding advertisement of bond elections and the use of bond funds in any county of this state having a population of not less than 500,000 nor more than 575,000 according to the United States decennial census of 1990 or any future such census shall be applicable state wide to any county.
The Calendar was resumed.
SB 180. By Senators Farrow of the 54th and Clay of the 37th:
A bill to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury in general, so as to change the provi sions relating to interest on judgements; to provide for the method for calculat ing the rate of interest on judgements; to provide for notices; to provide for du ties of the Administrative Office of the Courts; to provide for applicability and an effective date.

818

JOURNAL OF THE SENATE

Senator Farrow of the 54th moved the previous question. Senator Kemp of the 3rd moved that SB 180 be placed on the Table.

On the motion to table SB 180, which motion takes precedence, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day Edge Gillis

Glanton Gochenour Griffin Guhl Harbison Henson James Johnson of 2nd Kemp Langford Madden McGuire

Middleton Pollard Ragan Scott Starr Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Black Clay Dean Egan Farrow Hill

Hooks Isakson Johnson of 1st Land Marable Newbill

Oliver Perdue Ralston Ray Slotin Taylor

Not voting was Senator Abernathy.

On the motion, the yeas were 37, nays 18; the motion prevailed, and SB 180 was placed on the Table.

SB 98. By Senators Boshears of the 6th, Blitch of the 7th, Ralston of the 51st and Johnson of the 1st:
A bill to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A., relating to issuance, expiration, and renewal of drivers' licenses, so as to require minors to be enrolled in public or private school, home study, or certain other courses of study or to have graduated from high school or received an equivalency diploma or certificate of high school completion as a requirement of issuance of a driver's license.
The Senate Committee on Public Safety offered the following substitute to SB 98:
A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to require minors to be enrolled in public or private school, home study, or certain other courses of study or to have graduated from high school or received an equivalency diploma or certificate of high school completion as a requirement of issuance of a driver's license; to provide for verification; to provide for procedures for remediation of a minor's failure to comply with relevant attendance and academic requirements; to provide for suspension of a minor's driver's license for failure to comply with such requirements; to provide for notice, hearing, and appeal of such intended suspension; to provide for reinstatement; to provide for fees; to provide for the period of suspension; to provide for procedures for compliance

MONDAY, FEBRUARY 20, 1995

819

with reporting requirements; to provide for hardship exemptions; 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 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, is amended by striking Code Section 40-5-26, relating to applications by minors, in its entirety and inserting in lieu thereof the following:
"40-5-26.
(a) The application of any person under the age of 18 years for an instruction permit or driver's license shall be signed and verified by the father, mother, or guardian of the applicant before a person authorized to administer oaths or, in the event there is no parent or guardian, by another responsible adult.
(b) The department may issue a driver's license to a minor who is at least 16 years of age but younger than 18 years of age if, at the time of application, such minor has been provided certification by the board of education that is acceptable to the department that said applicant:
(1) Has received a high school diploma, a high school general educational development (G"ED) equivalency diploma, a special diploma, or a certificate of high school completion;
(2) Is enrolled in a public or private school and satisfies relevant attendance and aca demic requirements;
(3) Is enrolled in a study course in preparation for the test of general educational devel opment and satisfies relevant attendance requirements;
(4) Is enrolled in a home education program that satisfies the requirements of all state laws governing such courses;
(5) Is enrolled in a postsecondary vocational program or a postsecondary adult voca tional program and satisfies relevant attendance requirements!
(6) Is enrolled in a job training program and satisfies relevant attendance requirements;
(7) Is enrolled in other educational activities approved by the local board of education of the minor's residence and satisfies relevant attendance requirements;
(8) Is disabled and medically unable to pursue any of the educational programs enu merated in paragraphs (1) through (7) of this subsection; or
(9) Has a parent who is totally disabled and said parent needs the minor to perform iervices which prevent the minor from engaging in the educational activities enumer ated in paragraphs (1) through (7) of this subsection.
(c) An applicant for a driver's license shall provide either written verification of compli ance with the requirements of subsection (b) of this Code section or a waiver from such requirements pursuant to subsection (d) of Code Section 40-5-26.1 to the department. The necessary verification shall be obtained from the applicable local board of education. If the applicant is enrolled in or has graduated from a private high school, such verifica tion shall be obtained by the applicant from the governing body of the private school. A local board of education or governing body of a private school, as applicable, shall not give verification of a minor's noncompliance with the enrollment and attendance require ments of paragraphs (1) through (7) of subsection (b) of this Code section unless and until the school administration has completed the following escalating activities to determine

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the cause and to attempt the remediation of the minor's failure to satisfy relevant attend ance requirements:
(1) One or more meetings shall be held between a school attendance professional or school social worker, the minor's parent or guardian, and the minor to report and to attempt to solve the attendance problem. However, if the school attendance profes sional or school social worker has documented the refusal of the parent or guardian to attend the meeting after a reasonable period of time has elapsed, then this require ment shall be deemed to have been met and the school administration shall proceed to the next escalating activity; ami
(2) Educational counseling and evaluation shall be provided to the minor to attempt to Identify the specific condition, if any, that is contributing to the attendance problem and to determine whether curriculum changes would help solve the attendance prob lem. If any changes are indicated, such changes shall be instituted. If counseling is proven unsuccessful in remedying the attendance problem or if the minor fails to par ticipate, this requirement shall be deemed to have been met. Such curriculum changes may include enrollment of the minor in a dropout prevention program meeting the specific educational and behavioral needs of the minor?~
(bXd) The department shall; by rule and regulation, provide that all licenses issued to applicants under 21 years of age shall be so designed as to be readily distinguishable from all other licenses issued to other applicants. After having attained 21 years of age, the holder of any such distinctive license may obtain a new license which shall not be distinctive. Such new license shall be obtained in the same manner and under the same conditions and limitations as are provided in Code Section 40-5-32, relating to renewals of licenses."
SECTION 2.
Said article is further amended by inserting a new Code Section 40-5-26.1 to read as follows:
"40-5-26.1.
(a) Notwithstanding any other provisions of this chapter, the burden of proof shall be upon the minor applying for the license to prove that he or she has complied with the requirements of subsection (b) of Code Section 40-5-26. The board of education may com ply with the reporting requirements of this Code section by providing a certified copy of the applicant's academic and attendance records. Nothing in this Code section shall be construed to require the board of education to compile or create any additional records not otherwise maintained by the board of education.
(b) The board of education shall be authorized to charge a fee of up to $20.00 for provid ing certification to the department that an applicant has complied with the requirements of paragraph (3) through (10) of subsection (b) of Code Section 40-5-26.
(c) The board of education may comply with the certification requirement of paragraph (2) of subsection (b) of Code Section 40-5-26 by executing the following form to include the name of the applicant, to wit:
'_____________ is enrolled in a public or private school and satisfies relevant attendance and academic requirements.'
Said form shall be signed by a designated official of the board of education. The board of education shall have sole discretion to determine compliance with paragraph (2) of sub section (b) of Code Section 40-5-26.
(d) A local board of education or the governing body of a private school, as applicable, shall grant a waiver of the requirements of paragraph (1) through (7) of subsection (b) of Code Section 40-5-26 for any minor under its jurisdiction for whom a personal or family hardship requires that such minor have a driver's license in order to provide for his or her personal or family employment or medical care needs. The local board of education or governing body of a private school, as applicable, shall take into consideration the

MONDAY, FEBRUARY 20, 1995

821

recommendations of the principal or other school official and guidance counselors or aca demic advisors prior to granting such a waiver."
SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Walker of the 22nd moved the previous question.
On the motion, the yeas were 51, nays 0; the motion prevailed, and the previous ques tion was ordered.

On the adoption of the substitute, the yeas were 49, nays 1, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan
Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Madden McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Henson

Langford

Marable

Not voting was Senator Ray.

On the passage of the bill, the yeas were 52, nays 3.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 55. By Senators Johnson of the 1st and Oliver of the 42nd:
A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, so as to add a definition; to provide what constitutes such orders; to authorize such orders to be carried out by certain emergency medical services providers and health care personnel; to limit the duties and liability of certain health care providers and other health care facili ties.

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The Senate Judiciary Committee offered the following substitute to SB 55:
A BILL
To be entitled an Act to amend Chapter 39 of Title 31 of the Official Code of Georgia Anno tated, regarding orders not to resuscitate, so as to add a definition; to provide what consti tutes such orders; to authorize such orders to be carried out by certain emergency medical services providers and health care personnel under certain conditions; to provide for identi fying bracelets and their status as such orders; to limit the duties and liability of certain health care providers and other health care facilities; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, is amended by adding after paragraph (6) of Code Section 31-39-2, relating to definitions, the following paragraph:
"(6.1) 'Emergency medical technician' means a person certified as an emergency medi cal technician, paramedic, or cardiac technician under Chapter 11 of this title."
SECTION 2.
Said chapter is further amended by striking subsection (a) of Code Section 31-39-4, relating to persons authorized to issue an order not to resuscitate, and inserting in its place the following:
"(a) It shall be lawful for the attending physician to issue an order not to resuscitate pursuant to the requirements of this chapter. Such an Any written order shall be issued in writing by the attending physician using the term 'do not resuscitate,' TJNR,' 'order not to resuscitate,' 'no code,' or substantially similar language in the patient's chart and shall be effective upon issuance constitute a legally sufficient order and shall authorize a physician, qualified health care professional, or emergency medical technician to with hold or withdraw cardiopulmonary resuscitation. Such an order shall remain effective, whether or not the patient is receiving treatment from or is a resident of a health care facility, until the order is canceled as provided in Code Section 31-39-5 or until consent for such order is revoked as provided in Code Section 31-39-6, whichever occurs earlier. An attending physician who has issued such an order and who transfers care of the pa tient to another physician shall inform the receiving physician and the health care facil ity, if applicable, of the order."
SECTION 3.
Said chapter is further amended by adding after Code Section 31-39-6 a new Code section to read as follows:
"31-39-6.1.
(a) Emergency medical technicians shall be authorized to honor orders not to resuscitate if the order is written and issued by a physician as the attending physician and uses the terms 'do not resuscitate,' 'DNR,' 'order not to resuscitate,' 'no code,' or substantially sim ilar language, and the original or a certified copy of such order is presented to the emer gency medical technician when responding to a call for assistance.

MONDAY, FEBRUARY 20, 1995

823

(b) A person who has an order not to resuscitate pursuant to this Code section may wear an identifying bracelet on either the wrist or the ankle. The bracelet shall be substan tially similar to identification bracelets worn in hospitals. The bracelet shall be on an orange background and state the following in boldface type:
DO NOT RESUSCITATE
Patient Name:_________________________________________
Patient or authorized person's signature:___________________________
Patient's Physician:______________________________________
Any physician, qualified health care professional, or emergency medical technician shall be authorized to regard such a bracelet as a legally sufficient order not to resuscitate in the same manner as an order issued pursuant to this chapter."
SECTION 4.
Said chapter is further amended by striking Code Section 31-39-7, relating to liability of persons carrying out in good faith decisions regarding cardiopulmonary resuscitation, and inserting in its place the following:
"31-39-7.
(a) No physician, health care professional, health care facility, emergency medical techni cian, or person employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct for carrying out in good faith a decision regarding cardiopulmonary resuscitation authorized by this chapter by or on behalf of a patient or for those actions taken in compliance with the standards and procedures set forth in this chapter.
(b) No physician, health care professional, health care facility, emergency medical techni cian, or person employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct for providing cardiopulmonary resuscitation to a pa tient for whom an order not to resuscitate has been issued, provided that such physician or person:
(1) Reasonably and in good faith was unaware of the issuance of an order not to resus citate; or
(2) Reasonably and in good faith believed that consent to the order not to resuscitate had been revoked or canceled.
(c) No persons shall be civilly liable for failing or refusing in good faith to effectuate an order not to resuscitate. No person shall be subject to criminal prosecution or civil liabil ity for consenting or declining to consent in good faith, on behalf of a patient, to the issuance of an order not to resuscitate pursuant to this chapter.
(d) Any attending physician who fails or refuses to comply with an order not to resusci tate entered pursuant to this chapter shall endeavor to advise promptly the patient, if conscious, or the next of kin or authorized person of the patient that such physician is unwilling to etlectuate the order. The attending physician shall thereafter at the election of the next of kin or authorized person:
(1) Make a good faith attempt to effect the transfer of the patient to another physician who will effectuate the order not to resuscitate; or
(2) Permit the next of kin or authorized person to obtain another physician who will effectuate the order not to resuscitate.

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(e) Any emergency medical technician who fails or refuses to comply with an order not to resuscitate entered pursuant to this chapter shall endeavor to advise promptly the pa tient, if conscious, or the next of kin or authorized person of the patient, if reasonably available, that such emergency medical technician is unwilling to effectuate the order."
SECTION 5.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6.
All laws and part of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 0, nays 44, and the committee substi tute was lost.
Senators Johnson of the 1st, Land of the 16th, Pollard of the 24th and Oliver of the 42nd offered the following substitute to SB 55:
A BILL
To be entitled an Act to amend Chapter 39 of Title 31 of the Official Code of Georgia Anno tated, regarding orders not to resuscitate, so as to add a definition; to provide what consti tutes such orders; to authorize such orders to be carried out by certain emergency medical services providers and health care personnel under certain conditions; to provide for identi fying bracelets and necklaces and their status as such orders; to change the provisions relating to revocation of such orders; to limit the duties and liability of certain health care providers and other health care facilities; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, is amended by adding after paragraph (6) of Code Section 31-39-2, relating to definitions, the following paragraph:
"(6.1) 'Emergency medical technician' means a person certified as an emergency medi cal technician, paramedic, or cardiac technician under Chapter 11 of this title."
SECTION 2.
Said chapter is further amended by striking subsection (a) of Code Section 31-39-4, relating to persons authorized to issue an order not to resuscitate, and inserting in its place the following:
"(a) It shall be lawful for the attending physician to issue an order not to resuscitate pursuant to the requirements of this chapter. Such aii Any written order shall be issued iu writing by the attending physician using the term 'do not resuscitate,' 'DNR,' 'order not to resuscitate,' 'no code,' or substantially similar language in the patient's chart and shall bu effective upuu issnance constitute a legally sufficient order and shall authorize a physician, qualified health care professional, or emergency medical technician to with hold or withdraw cardiopulmonary resuscitation. Such an order shall remain effective, whether or not the patient is receiving treatment from or is a resident of a health care facility, until the order is canceled as provided in Code Section 31-39-5 or until consent for such order is revoked as provided in Code Section 31-39-6, whichever occurs earlier. An attending physician who has issued such an order and who transfers care of the pa tient to another physician shall inform the receiving physician and the health care facil ity, if applicable, of the order."

MONDAY, FEBRUARY 20, 1995

825

SECTION 3.
Said chapter is further amended by adding after Code Section 31-39-6 a new Code section to read as follows:
"31-39-6.1.
(a) In addition to those orders not to resuscitate authorized elsewhere in this chapter, any physician, health care professional, or emergency medical technician shall be author ized to effectuate an order not to resuscitate evidenced in writing and signed by the at tending physician on a form substantially similar to the following:
DO NOT RESUSCITATE MEDICAL CARE DIRECTIVE
NAME OF PATIENT___________________________
THIS CERTIFIES THAT AN ORDER NOT TO RESUSCITATE HAS BEEN EN TERED ON THE ABOVE-NAMED PATIENT.
SIGNED_________________________________
ATTENDING PHYSICIAN
DATE___________________________________ (b) A person who has an order not to resuscitate pursuant to this Code section shall wear an identifying bracelet on either the wrist or the ankle or an identifying necklace. The bracelet shall be substantially similar to identification bracelets worn in hospitals. The bracelet or necklace shall be on an orange background and state the following in boldface type:
DO NOT RESUSCITATE
Patient Name:____________________________________________ Patient or authorized person's signature:___________________________
Patient's physician's signature:__________________________________
Dates of order not to resuscitate:.
Any physician, qualified health care professional, or emergency medical technician shall be authorized to regard such a bracelet or necklace as a legally sufficient order not to resuscitate in the same manner as an order issued pursuant to this chapter unless such person has actual knowledge that such order has been canceled or consent thereto re voked as provided in this chapter.
(c) Any order not to resuscitate evidenced pursuant to subsection (a) or (b) of this Code section may be revoked as provided in Code Section 31-39-6."
SECTION 4.
Said chapter is further amended by striking Code Section 31-39-6, relating to revocation of consent to order not to resuscitate, and inserting in its place the following:
"31-39-6.
(a) A patient may, at any time, revoke his or her consent to an order not to resuscitate by making either a written or an oral declaration or by any other act evidencing a specific intent to revoke such consent which is communicated to or in the presence of an attend ing physician or a member of the nursing staff at the health care facility or an emergency medical technician.
(b) Any parent or authorized person may at any time revoke his or her consent to an order not to resuscitate a patient by making either a written or an oral declaration or by any other act evidencing a specific intent to revoke such consent which is communicated to or in the presence of an attending physician or a member of the nursing staff at the health care facility or an emergency medical technician.

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(c) Any physician who is informed of or provided with a revocation of consent pursuant to this Code section shall, either by himself or herself or by designee, immediately include the revocation in the patient's chart, cancel the order, and notify any health care facility staff responsible for the patient's care of the revocation and cancellation. Any member of the nursing staff or emergency medical technician who is informed of or provided with the revocation of consent pursuant to this Code section shall immediately notify a physi cian of such revocation."
SECTION 5.
Said chapter is further amended by striking Code Section 31-39-7, relating to liability of persons carrying out in good faith decisions regarding cardiopulmonary resuscitation, and inserting in its place the following:
"31-39-7.
(a) No physician, health care professional, health care facility, emergency medical techni cian, or person employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct for carrying out in good faith a decision regarding cardiopulmonary resuscitation authorized by this chapter by or on behalf of a patient or for those actions taken in compliance with the standards and procedures set forth in this chapter.
(b) No physician, health care professional, health care facility, emergency medical techni cian, or person employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct for providing cardiopulmonary resuscitation to a pa tient for whom an order not to resuscitate has been issued, provided that such physician or person:
(1) Reasonably and in good faith was unaware of the issuance of an order not to resus citate; or
(2) Reasonably and in good faith believed that consent to the order not to resuscitate had been revoked or canceled.
(c) No persons shall be civilly liable for failing or refusing in good faith to effectuate an order not to resuscitate. No person shall be subject to criminal prosecution or civil liabil ity for consenting or declining to consent in good faith, on behalf of a patient, to the issuance of an order not to resuscitate pursuant to this chapter.
(d) Any attending physician who fails or refuses to comply with an order not to resusci tate entered pursuant to this chapter shall endeavor to advise promptly the patient, if conscious, or the next of kin or authorized person of the patient that such physician is unwilling to effectuate the order. The attending physician shall thereafter at the election of the next of kin or authorized person:
(1) Make a good faith attempt to effect the transfer of the patient to another physician who will effectuate the order not to resuscitate; or
(2) Permit the next of kin or authorized person to obtain another physician who will effectuate the order not to resuscitate.
(e) Any emergency medical technician who fails or refuses to comply with an order not to resuscitate entered pursuant to this chapter shall endeavor to advise promptly the pa tient, if conscious, or the next of kin or authorized person of the patient, if reasonably available, that such emergency medical technician is unwilling to effectuate the order."
SECTION 6.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

MONDAY, FEBRUARY 20, 1995

827

SECTION 7.
All laws and part of laws in conflict with this Act are repealed.
On the adoption of the substitute the yeas were 44, nays 0, and the Johnson, et al. substitute was adopted.
Pursuant to Senate Rule 143, action on SB 55 was suspended and the bill was placed on the Senate General Calendar.
Senator Perdue of the 18th moved that the Senate do now adjourn until 10:00 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 1:15 P.M.

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Senate Chamber, Atlanta, Georgia Tuesday, February 21, 1995
Twenty-seventh Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Ray of the 19th, President Pro Tempore.
Senator Marable of the 52nd 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 Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 761. By Representative Walker of the 87th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to authorize the City of Monroe to provide for telecommunications services both inside and outside the corporate limits of the city subject to certain laws.
HB 762. By Representative Walker of the 87th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to change the provisions relating to the establishment of the gov ernment for the City of Monroe; to provide new election districts.
HB 763. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act known as the "Carroll County Water Authority Act," so as to increase the permissible amount of outstanding revenue bonds.
HB 764. By Representative Brooks of the 103rd:
A bill to amend an Act incorporating the City of Ephesus, so as to provide that the compensation of the mayor and members of the city council shall be fixed by the city council; to provide that candidates for city council shall designate the council post they are seeking; to provide designations for city council posts.
HB 557. By Representatives Lucas of the 124th, Randolph of the 72nd, Davis of the 48th and Sherrill of the 62nd:
A bill to amend Article 3 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the long-term care ombudsman program, so as to change the provisions relating to entry and access to records and documents; to change the provisions relating to interference with official duties and provide for sanc tions; to change the provisions relating to immunity for liability.

TUESDAY, FEBRUARY 21, 1995

829

HB 621. By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to comprehen sively revise the "Georgia Land Sales Act"; to delete certain definitions; to define an additional term; to remove the Georgia Real Estate Commission as adminis trator of said Act.
HB 553. By Representatives Walker of the 141st, Royal of the 164th, Jamieson of the 22nd, Buck of the 135th, McBee of the 88th and others:
A bill to amend Chapter 86 of Title 36 of the Official Code of Georgia Annotated, the "Local Government Efficiency Act," so as to revise the provisions of said Act; to redefine a certain term; to provide for a local government efficiency grant program and the use of such grants.
HB 622. By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to comprehen sively revise the provisions of the "Georgia Time-Share Act"; to change the pur poses of said Act; to delete certain definitions; to remove the Georgia Real Estate Commission as the administrator of said Act.
HB 315. By Representative Holmes of the 53rd:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses in connection with judicial or other proceedings, so as to provide for the offense of sentence circumvention.
HB 508. By Representatives Channell of the lllth, Scoggins of the 24th and Heard of the 89th:
A bill to amend Code Section 31-10-16 of the Official Code of Georgia Annotated, relating to criteria for determining death, so as to authorize coroners and deputy coroners to make such determinations under certain conditions.
HB $41. By Representative Barnes of the 33rd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to redefine certain terms and to define additional terms; to authorize applications for, orders approving, and installation and usa of pen registers and trap and trace devices, to the extent the same is consistent with and permitted by the laws of the United States.
HB 543. By Representatives Sauder of the 29th, Shipp of the 38th, Shanahan of the 10th, Coker of the 31st and Lord of the 121st:
A bill to amend Code Section 36-36-92 of the Official Code of Georgia Annotated, relating to procedures relative to the annexation of unincorporated islands and preclearance by the United States Justice Department, so as to extend the time period for submission to the U.S. Justice Department from 60 to 90 days.

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HB 342. By Representatives Parham of the 122nd, Parrish of the 144th and Twiggs of the 8th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled sub stances and dangerous drugs.
HB 399. By Representatives Smith of the 109th, Lee of the 94th, Heard of the 89th, Law rence of the 64th and Bargeron of the 120th:
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 certain property owned by an historical fraternal benefit association.
HB 444. By Representative Twiggs of the 8th:
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 pro vide that any person employed or appointed as a jail officer six months after the effective date of this Act shall not be authorized to serve as a jail officer in any detention facility after a certain date unless such person has successfully com pleted a training course for jail officers approved by the Georgia Peace Officer Standards and Training Council.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 298. By Representatives Williams of the 114th and Connell of the 115th:
A resolution authorizing the conveyance of certain state owned real property located in Richmond County; to provide for the conveyance of said property back to the State of Georgia under certain conditions.
HR 290. By Representatives Lewis of the 14th and Culbreth of the 132nd:
A resolution urging the Congress of the United States to increase the amount of the gross estate exemption from federal estate taxes.
HR 232. By Representative Barnard of the 154th:
A resolution authorizing conveyance of certain state-owned real property locat ed in Tattnall County.
HR 259. By Representatives Heckstall of the 55th, Davis of the 48th, McKinney of the 51st, Holmes of the 53rd, Walker of the 141st and others:
A resolution urging the Congress of the United States to declare war on drugs.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 391. By Senators Land of the 16th and Langford of the 29th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Harris County and the judge of the Magistrate Court of Harris County; to provide for terms of office.
Referred to Committee on State and Local Governmental Operations.

TUESDAY, FEBRUARY 21, 1995

831

SB 392. By Senators McGuire of the 30th, Gochenour of the 27th, Newbill of the 56th and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum under the "Quality Basic Education Act," so as to provide for duties of local boards of edu cation and the Department of Education with regard to sex education courses; to change certain implementation dates; to provide definitions; to provide for effec tive supervision by local boards of education; to provide for public hearings; to provide for effective parental review and control of sex education.
Referred to Committee on Education.
SB 393. By Senators Stokes of the 43rd, Ray of the 19th, Abernathy of the 38th and others:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to property, so as to provide for the pay ment of interest on mortgage escrow accounts; to provide for the interest rate; to provide for the payment of interest on advances to the mortgagor in certain cir cumstances; to provide for exceptions; to provide a definition.
Referred to Committee on Consumer Affairs.
SB 394. By Senators Taylor of the 12th, Bowen of the 13th, Henson of the 55th and Brown of the 26th:
A bill to amend Code Section 3-2-30 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue with respect to the manufacture, transportation, distribution, sale, and possession of alcoholic beverages, and to amend Code Sec tion 48-11-19 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Reve nue with respect to the manufacture, transportation, distribution, sale, and pos session of cigars, cigarettes, and little cigars.
Referred to Committee on Public Safety.
SR 240. By Senators Johnson of the 1st, Walker of the 22nd and Thomas of the 10th:
A resolution creating the Joint Study Committee on Certificate of Need for Health Care Facilities.
Referred to Committee on Rules.
SR 242. By Senators Ray of the 19th, Gillis of the 20th, Hill of the 4th and others:
A resolution urging federal action to allow uniform scale tolerances regarding truck weights.
Referred to Committee on Transportation.
SR 244. By Senators Turner of the 8th, Broun of the 46th, Gillis of the 20th and others:
A resolution urging Congress to reject the proposed requirement that state chartered banks pay a fee to their federal regulators for examinations conducted by such federal regulators.
Referred to Committee on Banking and Financial Institutions.

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The following bills and resolutions of the House were read the first time and referred to committees:

HB 315. By Representative Holmes of the 53rd:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses in connection with judicial or other proceedings, so as to provide for the offense of sentence circumvention.
Referred to Committee on Special Judiciary.
HB 341. By Representative Barnes of the 33rd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to redefine certain terms and to define additional terms; to authorize applications for, orders approving, and installation and use of pen registers and trap and trace devices, to the extent the same is consistent with and permitted by the laws of the United States.
Referred to Committee on Special Judiciary.
HB 342. By Representatives Parham of the 122nd, Parrish of the 144th and Twiggs of the 8th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled sub stances and dangerous drugs.
Referred to Committee on Health and Human Services.
HB 399. By Representatives Smith of the 109th, Lee of the 94th, Heard of the 89th 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 certain property owned by an historical fraternal benefit association.
Referred to Committee on Finance and Public Utilities.
HB 417. By Representative Mueller of the 152nd:
A bill to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to elections for bonded indebtedness, so as to provide that certain provi sions regarding advertisement of bond elections and the use of bond funds in any county of this state having a population of not less than 500,000 nor more than 575,000 according to the United States decennial census of 1990 or any future such census shall be applicable state wide to any county.
Referred to Committee on State and Local Governmental Operations - General.

TUESDAY, FEBRUARY 21, 1995

833

HB 444. By Representative Twiggs of the 8th:
A bill to amend Chapter 8 ofTitle 35 of the Official Code of Georgia Annotated, known as the "Georgia Peace Officer Standards and Training Act," so as to pro vide that any person employed or appointed as a jail officer six months after the effective date of this Act shall not be authorized to serve as a jail officer in any detention facility after a certain date unless such person has successfully com pleted a training course for jail officers approved by the Georgia Peace Officer Standards and Training Council.
Referred to Committee on Public Safety.
HB 508. By Representatives Channell of the lllth, Scoggins of the 24th and Heard of the 89th:
A bill to amend Code Section 31-10-16 of the Official Code of Georgia Annotated, relating to criteria for determining death, so as to authorize coroners and deputy coroners to make such determinations under certain conditions.
Referred to Committee on Judiciary.
HB 543. By Representatives Sauder of the 29th, Shipp of the 38th, Shanahan of the 10th and others:
A bill to amend Code Section 36-36-92 of the Official Code of Georgia Annotated, relating to procedures relative to the annexation of unincorporated islands and preclearance by the United States Justice Department, so as to extend the time period for submission to the U.S. Justice Department from 60 to 90 days.
Referred to Committee on State and Local Governmental Operations - General.
HB 553. By Representatives Walker of the 141st, Royal of the 164th, Jamieson of the 22nd and others:
A bill to amend Chapter 86 ofTitle 36 of the Official Code of Georgia Annotated, the "Local Government Efficiency Act," so as to revise the provisions of said Act; to redefine a certain term; to provide for a local government efficiency grant program and the use of such grants.
Referred to Committee on State and Local Governmental Operations - General.
HB 557. By Representatives Lucas of the 124th, Randolph of the 72nd, Davis of the 48th and Sherrill of the 62nd:
A bill to amend Article 3 of Chapter 8 ofTitle 31 of the Official Code of Georgia Annotated, relating to the long-term care ombudsman program, so as to change the provisions relating to entry and access to records and documents; to change the provisions relating to interference with official duties and provide for sanc tions; to change the provisions relating to immunity for liability.
Referred to Committee on Youth, Aging and Human Ecology.
HB 621. By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:
A bill to amend Chapter 3 ofTitle 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to comprehen sively revise the "Georgia Land Sales Act"; to delete certain definitions; to define an additional term; to remove the Georgia Real Estate Commission as adminis trator of said Act.
Referred to Committee on Finance and Public Utilities.

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JOURNAL OF THE SENATE

HB 622. By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to comprehen sively revise the provisions of the "Georgia Time-Share Act"; to change the pur poses of said Act; to delete certain definitions; to remove the Georgia Real Estate Commission as the administrator of said Act.
Referred to Committee on Finance and Public Utilities.
HB 761. By Representative Walker of the 87th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to authorize the City of Monroe to provide for telecommunications services both inside and outside the corporate limits of the city subject to certain laws.
Referred to Committee on State and Local Governmental Operations.
HB 762. By Representative Walker of the 87th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to change the provisions relating to the establishment of the gov ernment for the City of Monroe; to provide new election districts.
Referred to Committee on State and Local Governmental Operations.
HB 763. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act known as the "Carroll County Water Authority Act," so as to increase the permissible amount of outstanding revenue bonds.
Referred to Committee on State and Local Governmental Operations.
HB 764. By Representative Brooks of the 103rd:
A bill to amend an Act incorporating the City of Ephesus, so as to provide that the compensation of the mayor and members of the city council shall be fixed by the city council; to provide that candidates for city council shall designate the council post they are seeking; to provide designations for city council posts.
Referred to Committee on State and Local Governmental Operations.
HR 232. By Representative Barnard of the 154th:
A resolution authorizing conveyance of certain state-owned real property locat ed in Tattnall County.
Referred to Committee on Finance and Public Utilities.
HR 259. By Representatives Heckstall of the 55th, Davis of the 48th, McKinney of the 51st and others:
A resolution urging the Congress of the United States to declare war on drugs.
Referred to Committee on Health and Human Services.

TUESDAY, FEBRUARY 21, 1995

835

HR 290. By Representatives Lewis of the 14th and Culbreth of the 132nd:
A resolution urging the Congress of the United States to increase the amount of the gross estate exemption from federal estate taxes.

Referred to Committee on Finance and Public Utilities.

HR 298. By Representatives Williams of the 114th and Connell of the 115th:
A resolution authorizing the conveyance of certain state owned real property located in Richmond County; to provide for the conveyance of said property back to the State of Georgia under certain conditions.

Referred to Committee on Finance and Public Utilities.

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

Mr. President:

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

SB 351. Do pass.

HB 335. Do pass.

SB 377. Do pass.

HB 475. Do pass by substitute.

Respectfully submitted, Senator Henson of the 55th District, Chairman

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 353. Do pass.

SB 354. Do pass.

Respectfully submitted, Senator Harbison of the 15th District, Chairman

Mr. President:

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

SB 218. Do pass.

SB 294. Do pass by substitute.

SB 281. Do pass.

Respectfully submitted, Senator Marable of the 52nd District, Chairman

Mr. President: The Committee on Ethics has had under consideration the following bill of the Senate
and has instructed me to report the same back to the Senate with the following recommendation:
SB 133. Do pass by substitute.
Respectfully submitted, Senator Farrow of the 54th District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

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

SB 363. Do pass.

HB 287. Do pass.

Respectfully submitted, Senator Hill of the 4th District, Chairman

Mr. President:

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

SB 332. Do pass.

HB 260. Do pass.

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

Mr. President:

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

SR 128. Do pass.

HB 389. Do pass.

SR 227. Do pass.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 336. Do pass.

SB 358. Do pass.

SB 357. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

SB 251 HB 314

SR 14

SR 77

SR 101

SR 164

HB 254

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

Black Blitch Boshears Bowen Broun of 46th Brown of 26th

Burton Cagle Cheeks Clay Crotts Day

Dean Edge Egan Farrow Gillis Glanton

TUESDAY, FEBRUARY 21, 1995

837

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st

Kemp Land Langford Marable McGuire Middleton Newbill Perdue Pollard Ragan Scott

Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy Balfour

Madden Oliver

Ralston Ray (presiding)

The President Pro Tempore led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Langford of the 29th introduced the chaplain of the day, Reverend Gary Law rence, pastor of Franklin United Methodist Church, Franklin, Georgia, who offered scrip ture reading and prayer.

The following resolutions were read and adopted:

SR 238. By Senators Slotin of the 39th, Scott of the 36th, Abernathy of the 38th and others:
A resolution recognizing Chief Beverly Harvard.

SR 239. By Senators Marable of the 52nd, Dean of the 31st and Perdue of the 18th:
A resolution recognizing the Georgia Federation of Democratic Women and de claring February 21,1995, as Georgia Federation of Democratic Women's Day at the Capitol.

SR 241. By Senators Langford of the 29th and Edge of the 28th: A resolution commending Glen O. Long.

SR 243. By Senators Farrow of the 54th, Ray of the 19th and Perdue of the 18th: A resolution recognizing and commending Carl Bouckaert.

SR 245. By Senators Ray of the 19th, Turner of the 8th and Ragan of the llth: A resolution commending Lee Beth Andrews.

SR 246. By Senator James of the 35th:
A resolution recognizing South Fulton County Legislative Day at the Capitol on February 24, 1995, in honor of Black History Month.

SR 249. By Senators Isakson of the 21st, Tanksley of the 32nd, Clay of the 37th and Thompson of the 33rd:
A resolution commending Ms. Barbara J. Bruegger.

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JOURNAL OF THE SENATE

The following local uncontested bills of the Senate, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, February 21, 1995 TWENTY-SEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 336 James, 35th Abernathy, 38th Scott, 36th Slotin, 39th Egan, 40th FULTON COUNTY
An Act to prohibit the operation of a motor vehicle racetrack within a two-mile radius of a preexisting residential neighborhood in Fulton County.

SB 357 Starr, 44th Thomas, 10th Glanton, 34th CLAYTON COUNTY
Amend an Act to change the compensation of the judge of the Probate Court of Clayton County.

SB 358 Starr, 44th
Thomas, 10th Glanton, 34th CLAYTON COUNTY

Amend an Act to change the compensation of the members of the board of com missioners of Clayton County.

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 Black Boshears
Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin
Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden

Marable McGuire Middleton
Newbill Pollard Ragan Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

TUESDAY, FEBRUARY 21, 1995

839

Those not voting were Senators:

Abernathy Bliteh Bowen Brown of 26th

Johnson of 2nd Oliver Perdue Ralston

Ray (presiding) Scott Starr

On the passage of all the local bills, the yeas were 45, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite con stitutional majority, were passed.
The President assumed the Chair.

NOTICE OF MOTION TO RECONSIDER:

SB 338 Tax Sales--nonjudicial tax foreclosure, in rem tax foreclosure (F&PU--39th)
SENATE RULES CALENDAR Tuesday, February 21, 1995
TWENTY-SEVENTH LEGISLATIVE DAY

HB 120 Jekyll Island--State Park Authority; certain land activity restrictions (AmendmentXEDT&CA--46th) Smith--174th
SB 175 Quality Basic Education Act--midterm program adjustment amount for train ing, experience (Ed--37th)
SB 55 CPR--orders not to resuscitate (SubstituteXJudy--1st)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on February 20, 1995.)

SB 280 Motor Vehicle Registration--staggered over 12 month period (SubstituteXTrans--33rd)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on February 20, 1995.)

SB 211 DUI Conviction--distinguishable driver's license (Substitute) (Judy--35th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on February 20, 1995.)

SB 257 Court Bailiffs--maximum compensation (SLGO-G--44th) SB 309 Pharmacists--conditions for generic drug substitution (Substitute)(H&HS--
22nd) SR 157 U.S. Army Corps of Engineers--urge approve Golf Club in Powder Springs
(Nat R--33rd)
SB 187 Llama Activities--civil liability limitation (Judy--54th)
SB 307 Adoption Decrees--when not subject to judicial challenge (Judy--18th)
SB 320 Speed Limits--approval of Office of Traffic Operations (Trans--33rd)
SB 262 Medical Scholarships--repayment facilities (Judy--42nd)

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JOURNAL OF THE SENATE

SB 107 Littering--change amounts of fines imposed (SLGO-G--36th)
SB 318 Vehicles on Public Roads--single-trip emergency permits for 16 feet wides (Trans--33rd)
SB 95 Certain Professional Health Care Providers--peer review groups (SubstituteXJudy--42nd)
SB 331 Workers' Compensation--clients of temporary help firm, employee leasing com pany (Amendment) (I&L--12th) Respectfully submitted, Isl Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:
HB 120. By Representatives Smith of the 174th and Tillman of the 173rd:
A bill to amend Code Section 12-3-243 of the Official Code of Georgia Annotated, relating to subdivision, improvement, lease, or sale of Jekyll Island by the Jekyll Island--State Park Authority, so as to restrict certain activities on, over, or within 65 percent of the land area of Jekyll Island which lies above water at mean high tide.
Senator Broun of the 46th moved that HB 120 be committed to the Senate Committee on Economic Development, Tourism and Cultural Affairs.
On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 120 was com mitted to the Senate Committee on Economic Development, Tourism and Cultural Affairs.
SB 175. By Senators Clay of the 37th and Newbill of the 56th:
A bill to amend Code Section 20-2-162 of the Official Code of Georgia Annotated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to the program adjustment amount for training and experience.
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, 1995
The Honorable Richard Marable, Chairman Senate Education Committee State Capitol, Room 420 Atlanta, Georgia 30334
SUBJECT: Fiscal Note Senate Bill 175 (LC 9 8070)
Dear Chairman Marable:
This bill would provide that a midterm adjustment under the "Quality Basic Education Act" be made in the program adjustment amount for training and experience. The adjusted amount is to be based on all certified professional personnel who were employed by the

TUESDAY, FEBRUARY 21, 1995

841

local school system as of the month of June of the fiscal year immediately preceding the fiscal year in which grants authorized by O.C.G.A. 20-2-162 are distributed.
The fiscal impact of this bill in fiscal year 1996 is an increase in expenditures of approxi mately $35.5 million. This estimate assumes that no negative midterm adjustments will be made for local school systems experiencing a decrease in the program adjustment amount for training and experience. If negative midterm adjustments are anticipated, the fiscal impact of this bill in fiscal year 1996 is approximately $34.9 million.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget
Senators Perdue of the 18th, Thompson of the 33rd, Ray of the 19th and Marable of the 52nd offered the following amendment:
Amend SB 175 by striking line 21 of page 1 and inserting in lieu thereof the following:
"authorized by this Code section are distributed. Such adjustment shall be calculated to phase in full funding of the above provision over a period of four years. For FY 1997, the dollar value of training and experience increase for FY 1995 over FY 1994 shall be multi plied by .25; for FY 1998 by .50; for FY 1999 by .75; and every year thereafter by 1.0.'".
By striking line 23 of page 1 in its entirety and inserting in lieu thereof the following:
"This Act shall become effective on July 1, 1996.".
On the adoption of the amendment, the yeas were 37, nays 1, and the amendment was adopted.
Pursuant to Senate Rule 143, action on SB 175 was suspended, and SB 175 was placed on the Senate General Calendar.
The following general bill of the Senate, having been read the third time and final action suspended on February 20, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

SB 55. By Senators Johnson of the 1st and Oliver of the 42nd:
A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, so as to add a definition; to provide what constitutes such orders; to authorize such orders to be carried out by certain emergency medical services providers and health care personnel; to limit the duties and liability of certain health care providers and other health care facili ties.

The substitute to SB 55 offered by Senators Johnson of the 1st, Land of the 16th, Pollard of the 24th and Oliver of the 42nd on February 20, as it appears in the Journal of February 20, was automatically reconsidered and put upon its adoption.
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, was agreed to by substitute.

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

Those voting in the affirmative were Senators:

Balfour Black

Blitch Boshears

Broun of 46th Brown of 26th

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JOURNAL OF THE SENATE

Burton Cagle Cheeks Clay Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison

Henson Hill Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden McGuire Middleton Newbill Oliver Perdue

Pollard Ragan Ralston Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Starr.

Those not voting were Senators:

Abernathy Bowen

Crotts Hooks

Marable

On the passage of the bill, the yeas were 50, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bill of the Senate, having been read the third time and final action suspended on February 20, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

SB 280. By Senators Thompson of the 33rd, Cheeks of the 23rd, Perdue of the 18th, Dean of the 31st and others:

A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for stag gered motor vehicle registration over a 12 month period; to provide for fourmonth registration by local Act; to change certain licensing and registration deadlines; to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to change the method of evaluation of motor vehicles for ad valorem purposes.

The substitute to SB 280 offered by Senator Thompson of the 33rd on February 20, as it appears in the Journal of February 20, was automatically reconsidered and put upon its adoption.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to by substitute.

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen

Broun of 46th Brown of 26th Burton Cagle Cheeks

Clay Day Dean Edge Egan

TUESDAY, FEBRUARY 21, 1995

843

Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Isakson James Johnson of 2nd

Johnson of 1st Kemp Land Langford Madden Marable McGuire Newbill Oliver Perdue Pollard Ragan

Ralston Ray Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Crotts

Hooks Middleton

Scott Taylor

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following general bill of the Senate, having been read the third time and final action suspended on February 20, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

SB 211. By Senator James of the 35th:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the authority of the department of public safety to make licenses readily distinguishable for persons convicted of DUI offenses.
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 3, 1995
The Honorable Donzella James State Senator-Elect State Capitol Atlanta, Georgia 30334
SUBJECT: Fiscal Note Senate Bill 211 (LC 23 0162)
Dear Senator-Elect James:
This bill would require licenses returned to drivers convicted of DUI offenses be marked so as to be readily distinguishable from all other licenses issued to driver's license applicants.

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JOURNAL OF THE SENATE

The fiscal impact of this bill is expected to be insignificant as the Department of Public Safety currently has the means to mark licenses.

Sincerely,

Is/ Claude L. Vickers

,

State Auditor

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

The substitute to SB 211 offered by Senator James of the 35th on February 20, as it appears in the Journal of February 20, was automatically reconsidered and put upon its adoption.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton
Cagle Cheeks
Clay Crotts
Day Dean
Edge
Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison
Henson Hill Hooks
Isakson James
Johnson of 2nd Johnson of 1st
Kemp Land
Langford
Madden Marable

McGuire Newbill Oliver Perdue Pollard Ragan
Ray Scott Slotin
Starr Stokes
Tanksley Taylor
Thomas Thompson
Turner
Tysinger Walker

Not voting were Senators Middleton and Ralston.

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

Senator Newbill of the 56th moved that the following bill, having been placed on the Table on February 17, be taken from the Table:

SB 18. By Senators Newbill of the 56th, Farrow of the 54th, Gochenour of the 27th and others:
A bill to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, so as to provide that ordinary and necessary expenses do not include payments for campaign services to the candidate or any entity distributing earnings to the candidate.
On the motion, the yeas were 32, nays 4; the motion prevailed, and SB 18 was removed from the Table and placed at the foot of the Calendar.

TUESDAY, FEBRUARY 21, 1995

845

The Calendar was resumed.

SB 257. By Senator Starr of the 44th:
A bill to amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to the compensation of court bailiffs, so as to increase the maximum authorized compensation for court bailiffs.

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

On 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 Black Boshears Bowen Broun of 46th
Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Glanton Gochenour Guhl Harbison Hill Hooks
Isakson Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray
Scott Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch Gillis

Griffin Henson

James Slotin

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

SB 309. By Senator Walker of the 22nd:
A bill to amend Part 3 of Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists, so as to change the provisions relat ing to definitions and the conditions for substituting generic drugs; to provide the legislative findings and policy.

The Senate Health and Human Services Committee offered the following substitute to SB 309:

A BILL
To be entitled an Act to amend Part 3 of Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists, so as to change the provisions relating to definitions regarding generic drug substitution; to provide for legislative findings and policy; to provide an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

The General Assembly finds that:
(a) With respect to the substitution of products in place of drugs prescribed by the physi cian, the safety and welfare of patients necessitates the availability and use of only prod ucts that are equivalent in therapeutic effect and toxicity to the prescribed drugs;
(b) Drug products are increasingly being developed and prescribed in new and improved forms which employ advanced medical technologies and safeguards to maximize their therapeutic effect and minimize their toxicity; and
(c) Products which contain the same active ingredients but which are manufactured in different forms and that utilize different technologies may vary in efficacy or toxicity.
It is therefore the policy of the General Assembly, and a principal purpose of this Act, to ensure that such issues regarding drug performance variability are considered in determin ing which products may be properly substituted for use by patients.

SECTION 2.

Part 3 of Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relat ing to pharmacists, is amended by adding between paragraphs (1) and (2) of Code Section 26-4-80, relating to definitions regarding generic drug substitution, a new paragraph to read as follows:
"(1.1) 'Dosage form' means the physical form or medium in which a drug product is intended, manufactured, and made available for use, including but not limited to tab lets, capsules, oral solutions, aerosols, ointments, injectables, transdermal systems, in halers, suppositories, and the particular form of the above which utilizes a specific technology or mechanism to control, enhance, or direct the release, targeting, systemic absorption, or other delivery of a dosage regimen in the body. The binders, excipients, and fillers used in a given drug product shall not, of themselves, bear on whether it is of a particular dosage form."

SECTION 3.

This Act shall become effective on July 1, 1995.

SECTION 4

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks

Clay Crotts Day Dean Edge Farrow Gillis Glanton Gochenour Guhl

Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land

TUESDAY, FEBRUARY 21, 1995

847

Langford Madden Marable McGuire Middleton Newbill Oliver

Perdue Pollard Ragan Ralston Ray Scott Slotin

Stokes Tanksley Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Brown of 26th Egan

Griffin Starr

Tysinger

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

SR 157. By Senators Thompson of the 33rd, Clay of the 37th, Tanksley of the 32nd and Isakson of the 21st:

A resolution urging the United States Army Corps of Engineers to approve de velopment of the West Lake Golf Club in Powder Springs.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ralston Ray Scott Slotin Tanksley Taylor Thomas Thompson Turner Walker

Voting in the negative was Senator Black.

Those not voting were Senators:

Brown of 26th Edge

Ragan Starr

Stokes Tysinger

On the adoption of the resolution, the yeas were 49, nays I. The resolution, having received the requisite constitutional majority, was adopted. Senator Marable of the 52nd introduced the Georgia Federation of Democratic Women, commended by SR 239, adopted previously. The Calendar was resumed.

848

JOURNAL OF THE SENATE

SB 187. By Senators Farrow of the 54th and Clay of the 37th:

A bill to amend Chapter 12 of Title 4 of the Official Code of Georgia Annotated, relating to limitation on civil liability of those engaged in equine activities, so as to provide for limitation on civil liability of llama activity sponsors, llama profes sionals, and those engaged in llama activities; to provide for intent; to provide for and change definitions; to provide for exceptions; to require the posting of certain warning notices or signs; to require certain notices in contracts.

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

On 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 Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay
Crotts Day Dean Edge
Farrow Gillis

Glanton Gochenour Guhl Harbison Henson Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp
Land Langford Madden Marable
McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes
Tanksley Taylor Thompson Turner
Tysinger

Voting in the negative was Senator Thomas.

Those not voting were Senators:

Brown of 26th

Hill

Egan

Griffin

Walker

On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed.

SB 307. By Senators Perdue of the 18th, Oliver of the 42nd, Edge of the 28th and Ralston of the 51st:

A bill to amend Code Section 19-8-18 of the Official Code of Georgia Annotated, relating to hearings on and decrees of adoption, so as to provide when such de crees shall not be subject to judicial challenge.

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

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen

Broun of 46th Burton Cagle Cheeks

Clay Crotts Day Dean

TUESDAY, FEBRUARY 21, 1995

849

Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson

James Johnson of 2nd Johnson of 1st Kemp Land Langford Marable McGuire Middleton Newbill Oliver Perdue Pollard

Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Black

Brown of 26th Madden

Thomas Walker

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The President introduced the Montana United States Senator, Max Baucus, who ad dressed the Senate briefly.
The Calendar was resumed.

SB 320. By Senators Thompson of the 33rd, Hill of the 4th, Dean of the 31st and Marable of the 52nd:

A bill to amend Code Section 40-14-3 of the Official Code of Georgia Annotated, relating to applications for permits for speed detection devices, so as to provide for approval of speed limits by the Office of Traffic Operations of the Department
of Transportation.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day
Dean Edge Egan
Farrow
Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp
Land Langford Madden
Marable

McGuire Middleton Newbill Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley
Taylor Thompson Turner
Tysinger

850

JOURNAL OF THE SENATE

Those not voting were Senators:

Black Brown of 26th Gillis

Oliver Perdue

Thomas Walker

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Farrow of the 54th introduced Carl Bouckaert, commended by SR 243, adopted previously.
The Calendar was resumed.

SB 262. By Senator Oliver of the 42nd:

A bill to amend Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated relating to medical scholarships, so as to change the facili ties in which services may be rendered to repay certain loans or scholarships.

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

On 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 Black
Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks
Clay
Day Dean Edge
Egan Farrow
Gillis
Glanton

Gochenour Griffin Guhl
Harbison Henson Hill Hooks Isakson Johnson of 2nd
Johnson of 1st
Kemp Land Langford
Madden Marable
McGuire
Middleton

Newbill Oliver Perdue
Pollard Ragan Ralston Ray Scott Slotin
Starr
Tanksley Taylor Thomas
Thompson Turner
Tysinger

Those not voting were Senators:

Bowen Cagle

Crotts James

Stokes Walker

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

SB 107. By Senators Scott of the 36th, Henson of the 55th, Slotin of the 39th and others:
A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, the "Litter Control Law," so as to change the amounts of fines which may be imposed for littering; to prohibit local ordinances from fixing penalties for littering which are lower than the penalties specified by state law.

TUESDAY, FEBRUARY 21, 1995

851

Senators Scott of the 36th, Brown of the 26th and Taylor of the 12th offered the follow ing amendment:

Amend SB 107 by striking $500.00 on line 16 of page one and inserting in lieu thereof $1000.00.
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 Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Black

Hill

Crotts

Walker

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

SB 318. By Senators Thompson of the 33rd, Hill of the 4th, Dean of the 31st and Marable of the 52nd:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions of vehicles on public roads, so as to provide for single-trip emergency permits for vehicles and loads in ex cess of 16 feet wide.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears

Bowen Broun of 46th Brown of 26th Burton Cagle

Cheeks Clay Crotts Day Dean

852

JOURNAL OF THE SENATE

Edge Egan Farrow Gillis Glanton Gochenour Griffin Harbison Henson Hill Hooks James Johnson of 2nd

Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan

Ralston Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Guhl.

Not voting were Senators Isakson and Starr.

On the passage of the bill, the yeas were 53, nays 1. The bill, having received the requisite constitutional majority, was passed.

SB 95. By Senators Oliver of the 42nd, Farrow of the 54th and Clay of the 37th:
A bill to amend Article 6 of Chapter 7 of Title 31 of the O.C.G.A., relating to peer review groups, so as to provide that evaluating the qualifications and profession al competence of certain professional health care providers is included within the definition of peer review groups; to provide that the members of the gov erning board of a corporation or organization operating a health care facility are included within the definition of professional health care provider.

The Senate Committee on Judiciary offered the following substitute to SB 95:
A BILL
To be entitled an Act to amend Article 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups, so as to change the definition of "peer review," "professional health care provider," and "review organization"; to provide civil im munity for certain entities providing information regarding peer review; to change the scope of confidentiality for peer review organizations; 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 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups, is amended by striking in their entirety Code Sections 31-7-131 through 317-133, relating respectively to definitions relative to peer review groups, immunity from liability, and confidentiality, and inserting in lieu thereof new Code sections to read as follows:
"31-7-131.
As used in this article, the term:
(1) 'Peer review' means the procedure by which professional health care providers eval uate the quality, and efficiency, or utilization of services ordered or performed by other professional health care providers, including practice analysis, inpatient hospital and extended care facility utilization review, medical audit, ambulatory care review, claims review, underwriting assistance, and the compliance of a hospital, nursing home, con valescent home, or other health care facility operated by a professional health care

TUESDAY, FEBRUARY 21, 1995

853

provider with the standards set by an association of health care providers and with applicable laws, rules, and regulations.
(2) 'Professional health care provider' means an individual who is licensed, or an or ganization which is approved, to practice or operate in the health care field under the laws of Georgia, including, but not limited to, the following individuals or organizations:
(A) A physician;
(B) A dentist;
(C) A podiatrist;
(D) A chiropractor;
(E) An optometrist;
(F) A psychologist;
(G) A pharmacist;
(H) A registered or practical nurse;
(I) A physical therapist;
(J) An administrator of a hospital, a nursing or convalescent home, or other health care facility;
(K) A corporation or other organization operating a hospital, a nursing or convales cent home, or other health care facility, as well as the members of such corporation's or organization's governing board who are performing a peer review function; and
(L) A rehabilitation supplier registered with the State Board of Workers' Compensation; and:
(M) An occupational therapist.
(3) 'Review organization' means the Joint Commission on Accreditation of Healthcare Organizations or other national accreditation body or any panel, committee, or organi zation which is primarily composed of professional health care providers or which pro vides professional liability insurance for health care providers and which engages in or utilizes peer reviews and gathers and reviews information relating to the care and treatment of patients for the purposes of:
(A) Evaluating and improving the quality or efficiency of health care rendered;
(B) Reducing morbidity or mortality; or
(C) Evaluating claims against health care providers, or engaging in underwriting decisions in connection with professional liability insurance coverage for health care providers, or assisting health care providers in securing or preserving provider agreements with managed care organizations or other payors.
31-7-132.
(a) No professional health care provider nor any individual who serves as a member or employee of a professional health care provider or review organization nor any individual who furnishes counsel or services to a professional health care provider or review organi zation shall be held, by reason of the performance of peer review activities, to have vio lated any criminal law or to be civilly liable under any law unless he was motivated by malice toward any person affected by such activity.
(b) No person or entity, whether as a witness or otherwise, who provides information regarding peer review to a professional health care provider or review organization shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person or entity providing it knew that such information was false.

854

JOURNAL OF THE SENATE

31-7-133.
(a) Except in proceedings alleging violation of this article, the proceedings and records of a review organization shall be held in confidence and shall not be subject to discovery or introduction into evidence in any civil action arising uut of or otherwise diietll^ i elated
Lu tile iufl.tt6.r5 WlnCll fti"e tllti SUujeCt 01 cVfllUatiOll Silu rSVicW try SuCll OF^aiiiiCiit'iuiiJ 3.HQ
no person who was in attendance at a meeting of such organization shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings or actions of such organization or as to any findings, recommendations, evaluations, opinions, or other actions of such organization or any members thereof. The confidentiality provisions of this subsection shall also apply to any proceedings, records, activities, evidence, findings, recommendations, evaluation, opin ions, data, or other information or matters shared between or among review organiza tions which are performing a peer review, function. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil action merely because they were presented during pro ceedings of such organization, nor should any person who testifies before such organiza tion or who is a member of such organization be prevented from testifying as to matters within his such person's knowledge; but such witness cannot be asked about his such witness's testimony before such organization or about opinions formed by him such wit ness as a result of the organization hearings.
(b) This Code section shall not apply to prevent:
(1) The disclosure under Article 4 of Chapter 18 of Title 50 of those documents in the department's custody which are records, reports, or recommendations of the Joint Commission on Accreditation of Healthcare Organizations or other national accredita tion body and which are provided by an institution to the department for licensure purposes under subsection (b) of Code Section 31-7-3; and
(2) The use of such documents in any proceeding involving the permitting or licensing of an institution pursuant to this chapter."

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34 nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks

Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin

Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land

TUESDAY, FEBRUARY 21, 1995

855

Langford Madden Marable McGuire Middleton Newbill Oliver

Pollard Ragan Ralston Ray Scott Slotin Starr

Stokes Tanksley Taylor Thompson Turner Tysinger

Those not voting were Senators:

Perdue

Thomas

Walker

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 331. By Senators Taylor of the 12th, Pollard of the 24th, Madden of the 47th and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to workers' compensation, so as to provide that the immunity granted to employers under Chapter 9 of Title 34 shall apply to a client of a temporary help contracting firm or an em ployee leasing company when workers' compensation benefits are provided by such firm or company or the clients of either.

The Senate Committee on Insurance and Labor offered the following amendment:

Amend SB 331 by striking from lines 5 and 29 of page 1 the word "client" and inserting in lieu thereof in both places:
"business using the services".
By striking from lines 8 and 23 of page 1 the word "clients" and inserting in lieu thereof in both places:
"businesses using the services".
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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay
Crotts Day Dean

Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks
Isakson James Johnson of 2nd

Johnson of 1st Kemp Land Langford Madden Marable McGuire Newbill Oliver Perdue Pollard Ragan
Ralston Ray Scott

856

JOURNAL OF THE SENATE

Slotin Starr Stokes

Tanksley Taylor Thompson

Not voting were Senators Middleton and Thomas.

Turner Tysinger Walker

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, having been taken from the Table earlier today, was put upon its passage:

SB 18. By Senators Newbill of the 56th, Farrow of the 54th, Gochenour of the 27th and others:
A bill to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, so as to provide that ordinary and necessary expenses do not include payments for campaign services to the candidate or any entity by distributing earnings to the candidate.
The Senate Committee on Ethics offered the following substitute to SB 18:
A BILL
To be entitled an Act to amend Code Section 21-5-33 of the Official Code of Georgia Anno tated, relating to disposition of campaign contributions, so as to provide that payment for certain services shall not constitute ordinary and necessary expenses for which campaign funds may be expended; to prohibit the use of contributions to a candidate, a campaign committee, or a public officer as payment for such services; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(aXl) Contributions to a candidate, a campaign committee, or a public officer holding elective office and any proceeds from investing such contributions shall be utilized only to defray ordinary and necessary expenses, which may include any loan of money from a candidate or public officer holding elective office to the campaign committee of such candidate or such public officer, incurred in connection with such candidate's campaign for elective office or such public officer's fulfillment or retention of such office.
(2) For purposes of this subsection, 'ordinary and necessary expenses' shall not include aiiy payment for campaign consulting services or personal services performed by the candidate to any partnership, corporation, or other entity which distributes earnings oFprofits to the candidate or public officer. This paragraph shall not be construed to prohibit reimbursement at a reasonable rate for motor vehicle mileage or reimburse ment at a reasonable rate for the provision of tangible goods, material, or equipment, solong as such reimbursement is otherwise permissible under paragraph (1) of this subsection."

TUESDAY, FEBRUARY 21, 1995

857

SECTION 2.

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

Senators Langford of the 29th and Newbill of the 56th offered the following amendment:

Amend the committee substitute to SB 18 by adding following the word "of on line 1 of page 2 the following:
"services performed by others,".
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Farrow

Gillis Glanton Gochenour Griffin Harbison Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill
Oliver Perdue Pollard Ragan Ralston Scott Starr Stokes Tanksley Taylor Thompson Turner Tysinger Walker

Voting in the negative were Senators Egan and Guhl.

Those not voting were Senators:

Johnson of 2nd Ray

Slotin

Thomas

On the passage of the bill, the yeas were 50, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Perdue of the 18th moved that the Senate do now adjourn until 10:00 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 12:00 P.M.

858

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, February 22, 1995 Twenty-eighth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd 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 Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 775. By Representative Shanahan of the 10th:
A bill to amend an Act creating the office of Commissioner of Gordon County, so as to change the provisions relating to the compensation of the chairperson and members of the board of commissioners.
HB 789. By Representative McCall of the 90th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Oglethorpe County.
HB 72. By Representatives Randall of the 127th, Campbell of the 42nd and Canty of the 52nd:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support, so as to revise extensively the method of calculating the child support obligation; to provide definitions; to provide that the final verdict or decree shall specify the amount of permanent child support from each parent.
HB 154. By Representatives Smith of the 175th, Polak of the 67th, Murphy of the 18th, Martin of the 47th, Godbee of the 145th and others:
A bill to amend Code Section 20-2-942 of the Official Code of Georgia Annotated, relating to nonrenewal of teacher contracts, so as to change definitions; to limit certain rights of school administrators.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 242. By Representatives Hudson of the 156th, Walker of the 141st, Reaves of the 178th, Floyd of the 138th, Cox of the 160th and others:
A resolution creating the Georgia Agricultural Exposition Center Horse Racing Facility Study Committee.

WEDNESDAY, FEBRUARY 22, 1995

859

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SENATE FIRST READERS Wednesday, February 22, 1995 TWENTY-EIGHTH LEGISLATIVE DAY
SB 395. By Senators Isakson of the 21st, Tanksley of the 32nd, Clay of the 37th and others:
A bill to amend Code Section 30-5-4 of the Official Code of Georgia Annotated, relating to reporting the need for protective services for disabled adults, so as to change which persons must make certain reports; to provide for reporting the need for protective services for elderly adults.
Referred to Committee on Health and Human Services.
SB 396. By Senators Johnson of the 1st and Clay of the 37th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morality, so as to change the pen alties for contributing to the deprivation of a minor; to provide a definition.
Referred to Committee on Special Judiciary.
SB 397. By Senators Farrow of the 54th and Black of the 53rd:
A bill to amend Code Section 17-4-20.1 of the Official Code of Georgia Annotat ed, relating to investigation of family violence, preparation of written reports, review of reports by defendants arrested for family violence, and compilation of statistics, so as to change the provisions relating to the preparation of family violence reports; to provide that a victim of family violence may review and copy a family violence report.
Referred to Committee on Judiciary.
SB 398. By Senators Dean of the 31st and Marable of the 52nd:
A bill to provide a homestead exemption from certain City of Cartersville ad valorem taxes for educational purposes in the amount of $28,000.00 of the as sessed value of the homestead for each resident of the city who is 65 years of age or older or totally disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability.
Referred to Committee on State and Local Governmental Operations.
SB 399. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to amend an Act entitled "Act to create a board of commissioners for Rockdale County," as amended, so as to provide for the advertising of bids for certain county expenditures; to provide for emergency purchases.
Referred to Committee on State and Local Governmental Operations.

860

JOURNAL OF THE SENATE

SB 400. By Senator Broun of the 46th:
A bill to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Lottery for Education Act," so as to change the provisions relating to the fidelity fund for retailers; to authorize the Georgia Lottery Corporation to establish a fidelity fund; to provide for the use of moneys in such fund; to repeal certain provisions relating to the assessment of retailers when the balance in the fund falls below a certain amount.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 401. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to amend an Act entitled "An Act to create a board of commissioners for Rockdale County," as amended, so as to provide for the appointment of a direc tor of finance.
Referred to Committee on State and Local Governmental Operations.
SB 402. By Senator Crotts of the 17th:
A bill to provide for the Henry County Board of Elections and provide that it will succeed to the powers and duties of another board of elections and of the election superintendent; to provide for appointment and qualifications of its members; to provide for its initial and subsequent membership and for terms, resignations, removal, vacancies, oaths, and certain privileges.
Referred to Committee on State and Local Governmental Operations.
SR 247. By Senator Pollard of the 24th:
A resolution creating the Joint Subsequent Injury Trust Fund Study Commit tee.
Referred to Committee on Rules.
SR 248. By Senators Cheeks of the 23rd and Walker of the 22nd:
A resolution authorizing the conveyance of certain state owned real property located in Richmond County, Georgia, subject to provisions of a certain lease agreement, as amended.
Referred to Committee on Finance and Public Utilities.
SR 251. By Senators Slotin of the 39th, Farrow of the 54th, Johnson of the 1st and others:
A resolution proposing an amendment to the Constitution so as to prohibit the amendment of any previously enacted general appropriations Act in any man ner which increases the aggregate expenditures made by such general appropri ations Act, except for appropriations to provide funds to reserves and certain other purposes; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Appropriations.

WEDNESDAY, FEBRUARY 22, 1995

861

The following bills and resolution of the House were read the first time and referred to committees:

HB 72. By Representatives Randall of the 127th, Campbell of the 42nd and Canty of the 52nd:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support, so as to revise extensively the method of calculating the child support obligation; to provide definitions; to provide that the final verdict or decree shall specify the amount of permanent child support from each parent.
Referred to Committee on Judiciary.

HB 154. By Representatives Smith of the 175th, Polak of the 67th, Murphy of the 18th and others:
A bill to amend Code Section 20-2-942 of the Official Code of Georgia Annotated, relating to nonrenewal of teacher contracts, so as to change definitions; to limit certain rights of school administrators.
Referred to Committee on Education.

HB 775. By Representative Shanahan of the 10th:
A bill to amend an Act creating the office of Commissioner of Gordon County, so as to change the provisions relating to the compensation of the chairperson and members of the board of commissioners.
Referred to Committee on State and Local Governmental Operations.

HB 789. By Representative McCall of the 90th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Oglethorpe County.
Referred to Committee on State and Local Governmental Operations.

HR 242. By Representatives Hudson of the 156th, Walker of the 141st, Reaves of the 178th and others:
A resolution creating the Georgia Agricultural Exposition Center Horse Racing Facility 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 bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 374. Do pass as amended.

HB 124. Do pass.

Respectfully submitted, Senator Ragan of the llth District, Chairman

862

JOURNAL OF THE SENATE

Mr. President:

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

SR 4. Do pass.

SB 221. Do pass.

SR 162. Do pass.

Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President:

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

SB 264. Do pass.

SB 341. Do pass.

Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President: The Committee on Science, Technology and Industry has had under consideration the
following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 53. Do pass.
Respectfully submitted, Senator Tysinger of the 41st District, Chairman

Mr. President: The Committee on Special Judiciary has had under consideration the following bill of
the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 369. Do pass.
Respectfully submitted, Senator Egan of the 40th District, Chairman

The following bills and resolutions were read the second time:

SB 133 SB 353 HB 260

SB 218 SB 354 HB 287

SB 281 SB 363 HB 335

SB 294 SB 377 HB 389

SB 332 SR 128 HB 475

SB 351 SR 227

Senator Ray of the 19th, President Pro Tempore, assumed the Chair.
Senator Hill of the 4th moved that Senator Kemp of the 3rd be excused from the Senate today, due to illness.
On the motion, the yeas were 33, nays 0; the motion prevailed and Senator Kemp of the 3rd was excused from the Senate today.

, WEDNESDAY, FEBRUARY 22, 1995

863

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

Abernathy Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Land Langford Madden Marable McGuire

Middleton Newbill Oliver Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger Walker

Those not answering were Senators:

Balfour Glanton Johnson of 1st

Kemp (excused) Perdue

Ray (presiding) Thompson

The President Pro Tempore led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Hill of the 4th introduced the chaplain of the day, Reverend Sam Davis, pastor of Reidsville Baptist Church, Reidsville, Georgia, who offered scripture reading and prayer.
Senator Gillis of the 20th assumed the Chair.
Senator Crotts of the 17th introduced Sergeant Greg Carson, commended by SR 188, adopted previously, who addressed the Senate briefly.
Senator Egan of the 40th introduced the Christ the King School 8th Grade Class.
The following resolutions of the Senate were read and adopted:

SR 250. By Senators Thompson of the 33rd, Bowen of the 13th, Hooks of the 14th and others:
A resolution commending the Georgia Bureau of Investigation.

SR 252. By Senators Thompson of the 33rd, Gillis of the 20th, Hooks of the 14th and others:
A resolution commending the Georgia Department of Natural Resources.
Senator Clay of the 37th moved that Senator Thompson of the 33rd be excused from the Senate today, due to illness.
On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Thompson of the 33rd was excused from the Senate today.

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The following communication was received by the Secretary from His Excellency, Governor Zell Miller:
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
February 22, 1995
Honorable Pierre Howard Lieutenant Governor and
President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334
Dear Lieutenant Governor Howard and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation:
The Honorable Donald R. Roland of Sumter County, as a member of the State Board of Accountancy for the term of office beginning September 20, 1994 and ending June 30, 1998.
The Honorable Helen L. Strickland of Lanier County, as a member of the Georgia Agricul tural Exposition Authority for the term of office beginning March 9, 1994 and ending July 1, 1998.
The Honorable Robert Williams of Pierce County, as a member of the Agricultural Exposi tion Authority for the term of office beginning March 9, 1994 and ending June 30, 1997.
The Honorable E. Pope Bullock of DeKalb County, as a member of the State Board of Archi tects for the term of office beginning October 21, 1994 and ending March 5, 1999.
The Honorable Oscar L. Harris of Fulton County, as a member of the State Board of Archi tects for the term of office beginning March 25, 1994 and ending March 5, 1998.
The Honorable Donald E. Hill of Gwinnett County, as a member of the Asbestos Licensing Board for the term of office beginning November 9, 1994 and ending June 30, 1996.
The Honorable W. Richard Turpin of Gwinnett County, as a member of the Asbestos Li censing Board for the term of office beginning November 9, 1994 and ending June 30, 1998.
The Honorable Barbara Neil Whiteside of Gwinnett County, as a member of the Asbestos Licensing Board for the term of office beginning November 9, 1994 and ending June 30, 1998.
The Honorable Letha Yurko Griffin of Fulton County, as a member of the Georgia Board of Athletic Trainers for the term of office beginning October 4, 1994 and ending January 31, 2000.
The following named persons as members of the Georgia Auctioneers Commission for the term of office beginning November 7, 1994 and ending August 14, 1999: J. Terry Hansford of Ware County; and Constance M. Jones of Bulloch County.
The following named persons as members of the State Board of Barbers for the term of office beginning August 29, 1994 and ending July 25, 1997: Virgil D. Ergle of Gwinnett County; and Samuel David Jones of Houston County.
The Honorable Steve Ronnie Adams of Carroll County, as a member of the Board of Chil dren and Youth Services for the term of office beginning September 16, 1994 and ending July 6, 1996.
The following named persons as members of the Board of Children and Youth Services for the term of office beginning January 24, 1995 and ending July 6, 1999: Honorable Emma Gresham of Burke County; Theresa Jeanne Nelson of Bartow County; and Carolyn Vason of DeKalb County.

WEDNESDAY, FEBRUARY 22, 1995

865

The Honorable Betty S. Orange of Seminole County, as a member of the Board of Children and Youth Services for the term of office beginning January 24, 1995 and ending July 6, 1998.
The Honorable John Eddie Wiggins of Crisp County, as a member of the Board of Children and Youth Services for the term of office beginning September 16, 1994 and ending July 6, 1997.
The Honorable Mark Cotney of Upson County, as a member of the Georgia Board of Chiro practic Examiners for the term of office beginning September 15, 1994 and ending August 20, 1997.
The Honorable C. Curtis Colwell of Union County, as a member of the Board of Corrections for the term of office beginning August 1, 1994 and ending July 1, 1996.
The Honorable J. M. Plemons of Catoosa County, as a member of the Board of Corrections for the term of office beginning August 1, 1994 and ending July 1, 1999.
The Honorable Debra Adams-Harden of DeKalb County, as a member of the State Board of Cosmetology for the term of office beginning November 9, 1994 and ending May 1, 1997.
The following named persons as members of the State Board of Cosmetology for the term of office beginning July 1, 1994 and ending July 1, 1997: Charles W. McDougald of Taylor County; and Linda S. Miller of Marion County.
The Honorable Alison Tara O'Neil of Fulton County, as a member of the State Board of Cosmetology for the term of office beginning October 5, 1994 and ending May 1, 1996.
The following named persons as members of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists for the term of office beginning February 27, 1995 and ending December 31, 1997: Julia H. Crawford of Cobb County; Bobby E. Glover of Houston County; Dr. Julius Hornstein of Chatham County; Dr. Joseph Scalise of Oconee County; and Dr. Russell R. Terwilliger of Cobb County.
The following named persons as members of the Georgia Board of Examiners of Licensed Dietitians for the term of office beginning April 1, 1994 and ending June 30, 1997: Robert R. Johnson of Coffee County; and Dr. Jana R. Kicklighter of DeKalb County.
The following named persons as members of the Georgia Board of Examiners of Licensed Dietitians for the term of office beginning October 7, 1994 and ending June 30, 1997: Con nie H. Leverett of Washington County; and Sudha Reddy of Gwinnett County.
The Honorable Palmira Braswell of Bibb County, as a member of the State Board of Educa tion for the term of office beginning January 11, 1995 and ending January 1, 2002.
The Honorable A. Joe McGlamery of Bulloch County, as a member of the State Board of Education for the term of office beginning January 1, 1995 and ending January 1, 2002.
The Honorable Grover Charles Lewis of Rockdale County, as a member of the State Board of Registration for Professional Engineers and Land Surveyors for the term of Office begin ning November 1, 1994 and ending June 1, 1999.
The Honorable Charlie Bonner Jones, Sr. of Bibb County, as a member of the State Board of Registration for Foresters for the term of office beginning October 27, 1994 and ending March 19,1999.
The Honorable Steve Eunice of Ware County, as a member of the State Forestry Commis sion for the term of office beginning January 24, 1995 and ending January 1, 2001.
The following named persons as members of the Health Strategies Council for the term of office beginning May 20,1994 and ending July 1,1997: Joan Anderson of Cherokee County; Dr. Henry L. Cook, Sr. of Muscogee County; Honorable Gwen O'Looney of Clarke County; David R. Tatum of Fulton County; Dr. Francis Tedesco of Richmond County; John H. Thurman of Peach County; Bill G. Waters of Floyd County; and Dr. Lewis Williams of Stephens County.

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The following named persons as members of the Health Strategies Council for the term of office beginning August 26,1994 and ending July 1, 1995: Dr. R. Carter Davis, Jr. of Fulton County; and William T. Deyo, Jr. of Fulton County.
The following named persons as members of the Health Strategies Council for the term of office beginning October 31, 1994 and ending July 1, 1997: Troy A. Athon of Rockdale County; Iris Z. Feinberg of Fulton County; and Dr. Robert P. Tucker, III of Fulton County.
The following named persons as members of the Board of Human Resources for the term of office beginning August 16, 1994 and ending April 6, 2000: Ouida Kelley of Glynn County; and Dr. Sheila A. Robinson of Fulton County.
Honorable Romeo M. Adams of Franklin County, as a member of the Board of Human Resources for a term of office beginning October 19, 1994 and ending April 6, 2000.
Honorable John H. Reed, Jr. of Hall County, as a member of the Board of Human Re sources for a term of office beginning August 16, 1994 and ending April 6, 1995.
Honorable Frank Amerson of Bibb County, as a member of the Board of Industry, Trade and Tourism for a term of office beginning August 12, 1994 and ending July 1, 1999.
Honorable Thomas C. Dowden of Fulton County, as a member of the Board of Industry, Trade and Tourism for a term of office beginning September 29, 1994 and ending July 1, 1999.
Honorable Robert L. Head, Jr. of Union County, as a member of the Board of Industry, Trade and Tourism for a term of office beginning April 19, 1994 and ending July 1, 1996.
Honorable Ingrid Saunders Jones of Fulton County, as a member of the Board of Industry, Trade and Tourism for a term of office beginning April 19, 1994 and ending July 1, 1997.
The Honorable Ronald E. Elliott of Clarke County, as a member of the Joint Board of Fam ily Practice for the term of office beginning January 13, 1995 and ending July 1, 2000.
The Honorable Ernest Joseph Jones of Fulton County, as a member of the Joint Board of Family Practice for the term of office beginning January 14, 1995 and ending July 1, 2000.
The Honorable Yvonne P. McAllister of Bibb County, as a member of the Joint Board of Family Practice for the term of office beginning March 25, 1994 and ending July 1, 1998.
The Honorable Andrew Paul Morley, Jr. of DeKalb County, as a member of the Joiat Board of Family Practice for the term of office beginning March 25, 1994 and ending July 1, 1996.
The Honorable David Rearick of Fulton County, as a member of the Joint Board of Family Practice for the term of office beginning January 13, 1995 and ending July 1, 1999.
The Honorable Bennie Butler Newroth of Muscogee County, as a member of the State Board for the Certification of Librarians for the term of office beginning February 14, 1995 and ending December 31, 1999.
The following named persons as members of the Board of Directors of the Georgia Lottery Corporation for the term of office beginning January 14, 1995 and ending December 15, 1999: Wyckliffe A. Knox, Jr. of Richmond County; Cecil M. Phillips of Fulton County; and Arnold Tenenbaum of Chatham County.
The following named persons as members of the Georgia Magistrate Courts Training Coun cil for the term of office beginning August 26, 1994 and ending August 7, 1996: Burl Davis of Bibb County; and LaVerne C. Ogletree of Morgan County.
The following named persons as members of the Council on Maternal and Infant Health for the term of office beginning May 17, 1994 and ending July 18,1996: Dr. Lynne Feldman of Lowndes County; Dr. T. Schley Gatewood, Jr. of Sumter County; Deborah Elaine Sibley of Richmond County; and Dr. Richard A. Wherry of Lumpkin County.
The Honorable Carol Fullerton of Dougherty County, as a member of the Board of Medical Assistance for the term of office beginning February 8, 1995 and ending June 20, 1998.
The Honorable Lamond Godwin of Fulton County, as a member of the Board of Medical Assistance for the term of office beginning February 8, 1995 and ending June 30, 1995.

WEDNESDAY, FEBRUARY 22, 1995

867

The following named persons as members of the Composite State Board of Medical Exam iners for the term of office beginning April 6,1994 and ending September 1,1997: Dr. Hoyt C. Dees of Fulton County; and Dr. Billie Luke Jackson of Bibb County.
The following named persons as members of the Composite State Board of Medical Exam iners for the term of office beginning October 5, 1994 and ending September 1, 1998: Dr. Runette Flowers of DeKalb County; Dr. F. James Funk, Jr. of Fulton County; Dr. Sheila Smith of Gwinnett County; and Dr. Irving T. Staley of Cobb County.
The following named persons as members of the Georgia Music Hall of Fame Authority for the term of office beginning January 1, 1995 and ending January 1, 1999: Bobble Bailey of DeKalb County; and Babs Richardson of DeKalb County.
The Honorable Benjamin G. Porter of Bibb County, as a member of the Board of Natural Resources for the term of office beginning November 1, 1994 and ending March 16, 2001.
The following named persons as members of the Board of Natural Resources for the term of office beginning January 12, 1995 and ending January 1, 2002: Donald J. Carter of Hall County; and Sara S. Clark of Fulton County.
The following named persons as members of the Nonpublic Postsecondary Education Com mission for the term of office beginning October 18, 1994 and ending July 1, 1997: Dr. Joseph Bascuas of Fulton County; Betty E. Lumpkin of Randolph County; and Ronald J. Tomajko of DeKalb County.
The Honorable Kaye C. Dowell of Chatham County, as a member of the Nonpublic Postsecondary Education Commission for the term of office beginning October 18, 1994 and ending July 1, 1996.
The Honorable Sylvia L. Bond of Bibb County, as a member of the Georgia Board of Nurs ing for the term of office beginning September 28, 1994 and ending September 23, 1996.
The Honorable James A. Dodds, Jr. of Fulton County, as a member of the Georgia Board of Nursing for the term of office beginning December 7, 1994 and ending September 23, 1995.
The Honorable Helen M. Taggart of Chatham County, as a member of the Georgia Board of Nursing for the term of office beginning December 7, 1994 and ending September 23,1997.
The Honorable Rachel B. Athon of Rockdale County, as a member of the State Board of Nursing Home Administrators for the term of office beginning December 1, 1994 and end ing June 4, 1996.
The Honorable Clay Crosson of Whitfield County, as a member of the State Board of Nurs ing Home Administrators for the term of office beginning December 1, 1994 and ending December 29, 1997.
The Honorable William Dodd of Bibb County, as a member of the State Board of Nursing Home Administrators for the term of office beginning August 24, 1994 and ending December 29, 1997.
The Honorable Wilhelmina Hall of Dougherty County, as a member of the State Board of Nursing Home Administrators for the term of office beginning August 24, 1994 and ending October 26, 1995.
The Honorable Teresa Jackson of Chatham County, as a member of the State Board of Nursing Home Administrators for the term of office beginning December 1, 1994 and June 4, 1995.
The following named persons as members of the State Board of Nursing Home Administra tors for the term of office beginning February 20, 1995 and ending December 29, 1997: Frank E. Miller of Crisp County; and Dr. Barbara Payne-Stancil of Oconee County.
The Honorable Henry Neill of Spalding County, as a member of the State Board of Nursing Home Administrators for the term of office beginning February 20, 1995 and ending October 26, 1995.

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The Honorable Mary Louise Austin of Fulton County, as a member of the State Board of Occupational Therapy for the term of office beginning March 18, 1994 and ending June 30, 1996.
The following named persons as members of the State Board of Occupational Therapy for the term of office beginning March 18, 1994 and ending December 31, 1997: Saburi Imara of Fulton County; and Rebecca N. Silver of Clarke County.
The Honorable Glenn M. Morris of Richmond County, as a member of the State Board of Dispensing Opticians for the term of office beginning August 31, 1994 and ending March 16, 1998.
The Honorable J. C. Riley of Lowndes County, as a member of the State Board of Dispens ing Opticians for the term of office beginning October 4, 1994 and ending May 1, 1998.
The Honorable R. Whitman Lord of Bulloch County, as a member of the State Board of Examiners in Optometry for the term of office beginning October 19, 1994 and ending September 6, 1997.
The Honorable Allan V. Wexler of Chatham County, as a member of the State Board of Examiners in Optometry for the term of office beginning February 10, 1995 and ending September 6, 1997.
The Honorable William Douglas Young of Bibb County, as a member of the State Board of Examiners in Optometry for the term of office beginning July 10, 1994 and ending July 1, 1997.
The Honorable Garfield Hammonds, Jr. of Fulton County, as a member of the State Board of Pardons and Paroles for the term of office beginning January 10, 1995 and ending December 31, 2001.
The Honorable Geri P. Thomas of Fulton County, as a member of the State Personnel Board for the term of office beginning October 5, 1994 and ending January 3, 1999.
The Honorable Pamela A. Catlin of Gwinnett County, as a member of the State Board of Physical Therapy for the term of office beginning October 11, 1994 and ending August 30, 1997.
The Honorable Bella May of Richmond County, as a member of the State Board of Physical Therapy for the term of office beginning September 20, 1994 and ending August 30, 1996.
The Honorable Jerome F. Peoppelman of DeKalb County, as a member of the State Board of Podiatry Examiners for the term of office beginning July 15, 1994 and ending May 5, 1997.
The Honorable Shirley A. Williams of Fulton County, as a member of the State Board of Podiatry Examiners for the term of office beginning July 15, 1994 and ending July 1, 1997.
The Honorable Milton E. Nix of DeKalb County, as a member of the Georgia Board of Pri vate Detective and Security Agencies for the term of office beginning October 12, 1994 and ending July 1, 1997.
The Honorable Willie Talton of Houston County, as a member of the Georgia Board of Private Detective and Security Agencies for the term of office beginning June 13,1994 and ending July 1, 1997.
The Honorable Robert E. Keller of Clayton County, as a member of the Board of Public Safety for the term of office beginning March 2, 1994 and ending January 20, 1997.
The Honorable Hubert Laddel Smith of Floyd County, as a member of the Board of Public Safety for the term of office beginning February 1,1995 and ending January 20, 1998.
The Honorable Alta P. Bruce of Pierce County, as a member of the Georgia Real Estate Commission for the term of office beginning March 9, 1994 and ending January 26, 1999.
The Honorable Katie Smith Poole of Washington County, as a member of the Georgia Real Estate Commission for the term of office beginning March 9, 1994 and ending October 26, 1998.

WEDNESDAY, FEBRUARY 22, 1995

869

The Honorable Bob Sorrells of Clayton County, as a member of the Georgia Real Estate Appraisers Board for the term of office beginning November 14, 1994 and ending July 1, 1999.
The Honorable Leslee Graham-Pool of Fulton County, as a member of the State Board of Examiners for Speech-Language Pathology and Audiology for the term of office beginning July 7, 1994 and ending July 1, 1997.
The following named persons as members of the Georgia Sports Hall of Fame Authority for the term of office beginning August 12, 1994 and ending July 1, 2000: Jeff C. Battcher of Bibb County; James R. Forrester of Barrow County; Mark Hudgens of Gwinnett County; Dee Matthews of Doughterty County; Donald H. Richardson of Bibb County; and James L. Rollins of Clayton County.
The Honorable Harley Bowers of Bibb County, as a member of the Georgia Sports Hall of Fame Authority for the term of office beginning August 12, 1994 and ending November 29, 1996.
The Honorable Johnny Griffith of Gwinnett County, as a member of the Georgia Sports Hall of Fame Authority for the term of office beginning August 12, 1994 and ending November 29, 1999.
The following named persons as members of the Georgia Student Finance Commission for the term of office beginning May 25, 1994 and ending March 15, 1999: Jeanne Cahill of Fulton County; and Richard H. Maddux of Greene County.
The Honorable Barbara M. Dooley of Clarke County, as member of the Georgia Student Finance Commission for the term of office beginning August 18,1994 and ending March 15, 1998.
The following named persons as members of the Georgia Student Finance Commission for the term of office beginning May 25, 1994 and ending March 15, 2000: Jones Hooks of Dougherty County; and Scarlett Lanier of DeKalb County.
The Honorable C. Mark Miller of Pickens County, as a member of the Georgia Student Finance Commission for the term of office beginning February 16, 1995 and ending March 15, 1998.
The Honorable Jean M. Hartin of Muscogee County, as a member of the State Board of Technical and Adult Education for the term of office beginning October 14,1994 and ending June 30, 1998.
The Honorable Barbara M. Driscoll of Fulton County, as a member of the State Children's Trust Fund Commission, for the term of office beginning January 18,1995 and ending June 30, 1998.
The following named persons as members of the State Children's Trust Fund Commission for the term of office beginning January 18, 1995 and ending June 30, 1996: Jeff L. Townsend of Gordon County; and Dr. Roger Alan Williams of Bibb County.
The following named persons as members of the Board of Regents of the University System of Georgia for the term of office beginning January 10, 1995 and ending January 1, 2002: J. Tom Coleman, Jr. of Chatham County; and Charles H. Jones of Bibb County.
The Honorable Barbara Jean Aaron of Houston County, as a member of the Veterans Ser vice Board for the term of office beginning July 1, 1994 and ending April 1, 2001.
The Honorable Donald Fred Hall of Hall County, as a member of the State Board of Exam iners for Certification of Water and Wastewater Treatment Plant Operators and Labora tory Analysts, for the term of office beginning March 16, 1994 and ending August 17, 1997.
Sincerely,
Is/ Zell Miller

870

JOURNAL OF THE SENATE

SENATE RULES CALENDAR
Wednesday, February 22, 1995 TWENTY-EIGHTH LEGISLATIVE DAY

SB 175 Quality Basic Education Act--midterm program adjustment amount for train ing, experience (Amendment) (Ed--37th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on February 21, 1995.)

SR 164 Child Abuse Study Committee--create (Rules--19th)
SB 285 Second Felony Conviction--no probation/alternative incarceration (Substitute) (Corr--20th)
SR 14 Senate Music Industry Committee--create (Rules--31st)
SB 337 Legislative Information--electronic distribution by GeorgiaNet (Substitute) (ST&I--37th)
SR 101 Joint Study Commission on Economic Development and Revitalization in South Fulton County--create (Rules--35th)
SB 272 Discovery in Felony Cases--no birthdate, social security number of witness (Amendment) (S Judy--20th)
SB 226 County Employee Benefits--no cash payment in lieu of (SLGO-G--6th)
SB 216 Local Government Fiscal Impact Act--provide (Substitute) (SLGO-G--35th)
Respectfully submitted, 1st Scott of the 36th, Chairman
Senate Rules Committee
The following general bill of the Senate, having been read the third time and final action suspended on February 21, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

SB 175. By Senators Clay of the 37th and Newbill of the 56th:
A bill to amend Code Section 20-2-162 of the Official Code of Georgia Annotated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to the program adjustment amount for training and experience.

WEDNESDAY, FEBRUARY 22, 1995

871

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, 1995

The Honorable Richard Marable, Chairman Senate Education Committee State Capitol, Room 420 Atlanta, Georgia 30334

SUBJECT: Fiscal Note Senate Bill 175 (LC 9 8070)

Dear Chairman Marable:
This bill would provide that a midterm adjustment under the "Quality Basic Education Act" be made in the program adjustment amount for training end experience. The adjusted amount is to be based on all certified professional personnel who were employed by the local school system as of the month of June of the fiscal year immediately preceding the fiscal year in which grants authorized by O.C.G. A 20-2-162 are distributed.
The fiscal impact of this bill in fiscal year 1996 is an increase in expenditures of approxi mately $35.5 million. This estimate assumes that no negative midterm adjustments will be made for local school systems experiencing a decrease in the program adjustment amount for training and experience. If negative midterm adjustments are anticipated, the fiscal impact of this bill in fiscal year 1996 is approximately $34.9 million.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget

The amendment to SB 175 offered by Senators Perdue of the 18th, Thompson of the 33rd, Ray of the 19th, and Marable of the 52nd on February 21, as it appears in the Journal of February 21, was automatically reconsidered and put upon its adoption.
On the adoption of the amendment, the yeas were 29, 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 Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts

Day Dean Edge Egan Farrow Glanton Gochenour Griffin Guhl Harbison Henson Hill

Isakson James Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire Middleton Newbill Oliver

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JOURNAL OF THE SENATE

Pollard Ragan Ralston Slotin

Stokes Tanksley Taylor

Thomas Turner Tysinger

Voting in the negative was Senator Blitch.

Those not voting were Senators:

Gillis (presiding) Hooks Kemp (excused)

Perdue Ray Scott

Starr Thompson (excused) Walker

On the passage of the bill, the yeas were 46, nays 1. The bill, having received the requisite constitutional majority, was passed as amended.

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

SR 164. By Senators Ray of the 19th, Hooks of the 14th, Walker of the 22nd and others: A resolution creating the Georgia Child Abuse Study Committee.

Senator Marable of the 52nd offered the following amendment:

Amend SR 164 by striking "26" and inserting "28" on line 30 of page 1. By striking "Ten" and inserting "Eleven" on lines 7 and 14 of page 2. By striking lines 12 and 19 of page 2 and inserting in their place the following:
"(D.I) One Juvenile court judge; (D.2) One member of the clergy; (D.3) One member of a children's advocacy organization; and".
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:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge

Egan Farrow Glanton Gochenour Griffin Guhl Harbison Henson Hill Isakson James Johnson of 2nd Johnson of 1st Land Langford

Madden Marable McGuire Middleton Oliver Pollard Ragan Ralston Slotin Stokes Tanksley Taylor Thomas Turner Tysinger

Those not voting were Senators:

Brown of 26th Gillis (presiding)

Hooks Kemp (excused)

Newbill Perdue

WEDNESDAY, FEBRUARY 22, 1995

873

Ray Scott Starr

Thompson (excused) 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.

SB 285. By Senators Gillis of the 20th, Isakson of the 21st, Harbison of the 15th and Broun of the 46th:
A bill to amend Code Section 17-10-7 of the Official Code of Georgia Annotated, relating to punishment of repeat offenders, so as to provide that persons convict ed of a second felony offense shall not be probated, assigned, or otherwise per mitted to serve any portion of a period of confinement for the second felony of fense in any type of boot camp or other alternative incarceration facility.

The Senate Committee on Corrections, Correctional Institutions and Property offered the following substitute on SB 285:

A BILL
To be entitled an Act to amend Code Section 42-8-35.1 of the Official Code of Georgia Anno tated, relating to special alternative incarceration, so as to provide that individuals who commit certain crimes shall not be considered for placement in such program; to provide for definitions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 42-8-35.1 of the Official Code of Georgia Annotated, relating to special alter native incarceration, is amended by striking subsection (b) in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b)(l) Before a court can place this condition upon the sentence, an initial investiga tion will be completed by the probation officer which will indicate that the probationer is qualified for such treatment in that the individual does not appear to be physically or mentally handicapped in a way that would prevent him from strenuous physical activity, that the individual has no obvious contagious diseases, that the offense for which the individual is being sentenced is not a sexual offense or a physically violent oHense as defined in paragraph (2) of this subsection, that the individual is not less than 17 years of age nor more than 30 years of age at the time of sentencing, and that the department has granted provisional approval of the placement of the individual in the 'special alternative incarceration--probation boot camp' unit.
(2) As used in this subsection, the term:
(A) 'Physically violent offense' means any violation of Code Section 16-5-2 or 16-5-3 or any violation of Code Section 16-5-21 resulting in bodily injury to an innocent victim or any violation of Code Section 16-5-24, 16-5-40,16-5-44.1, 16-5-80, or 16-55T
(B) 'Sexual offense' means any violation of Code Sections 16-6-1 through 16-6-7 or Code Section 16-6-22.1 or 16-6-22.2 or any violation of Code Section 16-6-22 when the victim was under 18 years of age."

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JOURNAL OF THE SENATE

SECTION 2.

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

Senators Langford of the 29th and Gochenour of the 27th offered the following amendment:

Amend the committee substitute to SB 285 by adding on line 22, page 1, after the word "not" "A second felony,"
On the adoption of the amendment, the yeas were 30, nays 0, and the Langford and Gochenour amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Edge

Egan Farrow Glanton Gochenour Griffin Guhl Harbison Henson Hill Isakson Johnson of 2nd Johnson of 1st Land Langford Madden

Marable McGuire Middleton Newbill Oliver Pollard Ragan Ralston Slotin Stokes Tanksley Taylor Thomas Turner Tysinger

Those not voting were Senators:

Dean Gillis (presiding) Hooks James

Kemp (excused) Perdue Ray Scott

Starr Thompson (excused) Walker

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SR 14. By Senators Dean of the 31st, Brown of the 26th and Broun of the 46th:
A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens's advisory council thereto.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour

Black Blitch

Boshears Bowen

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875

Broun of 46th
Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Egan Farrow Glanton Gochenour
Griffin

Guhl
Harbison Henson Hill Isakson James Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire

Those not voting were Senators:

Edge Gillis (presiding) Hooks Kemp (excused)

Middleton Perdue Ray

Newbill Oliver Pollard Ragan Ralston Scott Slotin Stokes Tanksley Taylor Thomas Turner Tysinger
Starr Thompson (excused) Walker

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

SR 101. By Senator James of the 35th:
A resolution creating the Joint Study Commission on Economic Development and Revitalization in South Fulton County.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch
Boshears Broun of 46th
Brown of 26th Burton Cagle
Cheeks Crotts Day
Edge

Farrow Glanton Griffin Guhl
Harbison Henson
Hill Isakson James
Johnson of 2nd Johnson of 1st Land
Langford

Madden Newbill Oliver Pollard
Ragan Ralston
Scott Slotin Stokes
Tanksley Thomas Tysinger

Those voting in the negative were Senators:

Bowen Dean

Gochenour Marable

McGuire Turner

Those not voting were Senators:

Clay Egan Gillis (presiding)
Hooks

Kemp (excused) Middleton Perdue
Ray

Starr Taylor Thompson (excused)
Walker

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JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 38, nays 6. The resolution, having received the requisite constitutional majority, was adopted.

SB 272. By Senators Gillis of the 20th, Henson of the 55th and Starr of the 44th:
A bill to amend Article 1 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases, so as to delete provisions relat ing to the disclosure of the dates of birth and social security numbers of wit nesses.

The Senate Committee on Special Judiciary offered the following amendment:

Amend SB 272 by striking from line 4 of page 1 the words "dates of birth and" . By striking from the end of line 21 and the beginning of line 22 on page 1 the following:

Uei.l/ti& (jl ui'lLll, ,
and inserting in lieu thereof the following:
"dates of birth,".
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle
Cheeks Clay Crotts Day Edge

Egan Farrow Glanton Gochenour Griffin
Guhl Harbison Hill Isakson
Johnson of 1st Land Langford Madden Marable

McGuire Middleton Newbill Oliver Pollard
Ralston Scott Slotin Stokes
Tanksley Taylor Thomas Turner Tysinger

Those not voting were Senators:

Abernathy Dean Gillis (presiding) Henson Hooks

James Johnson of 2nd Kemp (excused) Perdue Ragan

Ray Starr Thompson (excused)
Walker

On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

SB 226. By Senators Boshears of the 6th and Blitch of the 7th:
A bill to amend Code Section 36-1-11.1 of the Official Code of Georgia Annotat ed, relating to expenditure of funds by counties for insurance and other employ ment benefits, so as to prohibit the payment or receipt of cash compensation instead of the offered insurance or benefit.

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877

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

On 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean

Edge Egan Farrow Glanton Gochenour Griffin Guhl Harbison Henson Isakson James Johnson of 1st Land Langford Madden

Marable McGuire Middleton Newbill Oliver Pollard Ragan Ralston Slotin Stokes Tanksley Taylor Thomas Turner Tysinger

Those not voting were Senators:

Gillis (presiding) Hill Hooks Johnson of 2nd

Kemp (excused) Perdue Ray Scott

Starr Thompson (excused) Walker

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 216. By Senator James of the 35th:
A bill to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, so as to provide for a short title; to provide for legislative intent; to provide for prohibition against the pas sage of certain laws affecting political subdivisions; to provide for certain excep tions; to allow a showing of undue hardship.
Senator James of the 35th moved that SB 216 be placed on the Table.
On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 216 was placed on the Table.
The President resumed the Chair.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:
The House has adopted by the requisite constitutional majority the following resolu tion of the House:

HR 403. By Representatives Murphy of the 18th and Walker of the 141st: A resolution relative to adjournment.

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JOURNAL OF THE SENATE

The following resolution of the House was put upon its adoption:

HR 403. By Representative Murphy of the 18th:
A resolution relative to adjournment from February 22, until reconvening on Monday February 27.

On the adoption of the resolution, Senator Edge of the 28th called for the yeas and nays; the call was sustained and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch Bowen Broun of 46th Dean Farrow Gillis Griffin Harbison Hill

James Langford Madden Marable McGuire Middleton Oliver Perdue Pollard

Ragan Ray Scott Slotin Starr Stokes Taylor Thomas Turner

Those voting in the negative were Senators:

Balfour Black Boshears Burton Cagle Clay Crotts

Day Edge Egan Glanton Gochenour Guhl Isakson

Johnson of 1st Land Newbill Ralston Tanksley Tysinger

Those not voting were Senators:

Brown of 26th Cheeks Henson

Hooks Johnson of 2nd Kemp (excused)

Thompson (excused) Walker

On the adoption of the resolution, the yeas were 28, nays 20. The resolution, having failed to receive the requisite constitutional majority, was lost.

The following resolution of the Senate was put upon its adoption:

SR 256. By Senators Ray of the 19th and Perdue of the 18th:

A resolution relative to adjournment from 5:00 P.M. Wednesday, February 22, 1995, until reconvening on Monday, February 27, 1995.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Cagle

Cheeks Clay Crotts Day Dean Edge Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks

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879

Isakson James Johnson of 1st Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin

Starr Stokes Tanksley Taylor Thomas Turner Tysinger Walker

Voting in the negative was Senator Egan.

Those not voting were Senators:

Brown of 26th Burton

Johnson of 2nd Kemp (excused)

Ray Thompson (excused)

On the adoption of the resolution, the yeas were 49, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Perdue of the 18th introduced Chancellor Portch from the Board of Regents, commended by SR 76, adopted previously, who addressed the Senate briefly.
Senator Hill of the 4th introduced Major General Bland of the National Guard, com mended by SR 173, adopted previously, who addressed the Senate briefly.
Senator Perdue of the 18th moved that the Senate stand in recess until 5:00 P.M., then pursuant to SR 256, recess until 10:00 A.M. Monday, February 27; the President an nounced that the motion prevailed at 12:00 P.M.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, February 27, 1995
Twenty-ninth Legislative Day
The Senate met pursuant to adjournment at 10:00 P.M. today and was called to order by Senator Ray of the 19th, President Pro Tempore.
Senator Marable of the 52nd reported that the Journal of Wednesday, February 22 proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 799. By Representatives McClinton of the 68th, McKinney of the 51st, Martin of the 47th, Sinkfield of the 57th, Orrock of the 56th and others:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to change the membership and number of mem bers of the library board of trustees.
HB 801. By Representative Stephenson of the 25th:
A bill to provide a new charter for the Town of Arcade.
HB 803. By Representatives Stancil of the 16th, Pinholster of the 15th and Harris of the 17th:
A bill to amend an Act providing a homestead exemption from Cherokee County School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who have annual in comes not exceeding $16,000.00 and who are 62 years of age or over, so as to change the amount of such exemption.
HB 222. By Representatives Purcell of the 147th, Floyd of the 138th, Reaves of the 178th, Hudson of the 156th, Taylor of the 134th and others:
A bill to amend Code Section 15-11-33 of the Official Code of Georgia Annotated, relating to the findings of the juvenile court on a petition alleging delinquency, unruliness, or depravation and related matters, so as to provide that upon a finding that a male child has committed acts by reason of which he is alleged to be delinquent or unruly, the court shall order such child to obtain or be given a haircut.
HB 563. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for limited liability partnerships.

MONDAY, FEBRUARY 27, 1995

881

HB 299. By Representative Campbell of the 42nd:
A bill to amend Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to breach of a restrictive covenant, so as to change the statute of limita tions applicable to actions for breach of covenant restricting lands to certain

HB 339. By Representative Barnes of the 33rd:
A bill to amend Code Section 19-7-44 of the Official Code of Georgia Annotated, relating to parties to actions for determination of paternity and guardians ad litem, so as to delete certain provisions relating to the child being made a party to a paternity action and the appointment of a guardian or guardian ad litem.
HB 288. By Representatives Snow of the 2nd, Bailey of the 93rd, Perry of the llth and Carter of the 166th:
A bill to amend Code Section 50-5-58 of the Official Code of Georgia Annotated, relating to cases in which state agencies are not required to make purchases through the Department of Administrative Services, so as to provide that emer gency purchases made during a declared state of emergency by the Georgia Emergency Management Agency need not be made through such department.
HB 395. By Representative Connell of the 115th:
A bill to amend Code Section 43-26-38 of the Official Code of Georgia Annotated, relating to license to practice as a licensed practical nurse by endorsement and temporary permits for qualified applicants, so as to change the provisions relat ing to the requirements for licensure applicable to persons from other states or territories of the United States in cases where an applicant has graduated from an approved program within one year of the date of application or was initially licensed within one year of the date of application.
HB 578. By Representatives Coleman of the 142nd and Parrish of the 144th:
A bill to amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to change provisions relating to the state auditor's annual report of salaries and expenses of personnel of state government entities.
HB 369. By Representatives McBee of the 88th, Ashe of the 46th, Trense of the 44th, Brooks of the 103rd, Felton of the 43rd and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that insurers issuing individual and group accident and sickness policies shall be required to make available coverage for bone mar row transplants for treatment of breast cancer; to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance plan, so as to require any health insurance plan for state em ployees to make available coverage for bone marrow transplants for treatment of breast cancer.

882

JOURNAL OF THE SENATE

HB 268. By Representatives Orrock of the 56th and Martin of the 47th:
A bill to amend Code Section 24-9-47 of the Official Code of Georgia Annotated, relating to the disclosure of AIDS confidential information, so as to provide for disclosure of AIDS confidential information to a coroner or medical examiner pursuant to a subpoena issued in accordance with Code Section 45-16-27 of the Official Code of Georgia Annotated.
HB 524. By Representatives Golden of the 177th, Royal of the 164th, Jamieson of the 22nd, Bates of the 179th, Culbreth of the 132nd and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for a tax credit for physicians who choose to practice in rural coun ties at rural hospitals under certain conditions.
HB 495. By Representative Poston of the 3rd:
A bill to amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, so as to provide that all proceedings relevant thereto shall be concluded within one year.
HB 662. By Representative Cummings of the 27th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the boards of trustees of certain public retirement systems may, in addition to their investment authority, invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million.
HB 498. By Representatives Williams of the 83rd, Powell of the 23rd, McKinney of the 51st, Bannister of the 77th, Johnson of the 84th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relat ing to when a child may be taken into custody; to change the procedures for taking an unruly child into custody; to authorize counties and municipalities to establish holding facilities for children suspected of being unruly or in violation of local curfew ordinances.
HB 511. By Representatives Floyd of the 138th, Streat of the 167th, Golden of the 177th, Cox of the 160th, Bates of the 179th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to provide that the length of cer tain loads of wood products may exceed the length of 60 feet without a permit.
HB 670. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the definition of the term "entity" as used in Chapter 2 of said title; to change the provisions relating to articles of incorporation and the contents thereof; to provide for in demnification of directors; to change the provisions relating to corporate names.

MONDAY, FEBRUARY 27, 1995

883

HB 626. By Representatives Heard of the 89th, Hugley of the 133rd, Shipp of the 38th, Bannister of the 77th, Rogers of the 20th and others:
A bill to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to insurance agents, subagents, counselors, and adjusters, so as to repeal certain provisions relating to fees for certificates; to authorize the Commissioner to enter into certain agreements for services and to negotiate charges therefor.
HB 558. By Representatives Sherrill of the 62nd, Lucas of the 124th, Davis of the 48th and Randolph of the 72nd:
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 disclosure by entities, facilities, programs, services, or instrumentalities of the state or a political subdivision of the state advertising, marketing, offering to provide or providing specialized care, treatment, or activities for persons with a probable diagnosis of Alzheimer's disease or related disorders.
HB 646. By Representatives Sinkfield of the 57th and McBee of the 88th:
A bill to amend Code Section 49-4A-7 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Children and Youth Serv ices, so as to provide for solicitation, acceptance, and use of donations, contribu tions, and gifts by the department; to provide that grants, devises, and bequests of property may be held by the department on behalf of the state.
HB 605. By Representatives Barnes of the 33rd and Bostick of the 165th:
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 the em ployment of attorneys by county officers under certain circumstances; to provide for the payment of attorneys' fees and expenses of litigation from county funds.
HB 616. By Representatives Lord of the 121st, Culbreth of the 132nd, Henson of the 65th, Towery of the 30th, Heard of the 89th and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for definitions; to provide requirements for health insurance policies; to provide for the modification of certain health insurance contracts; to impose certain re quirements on health insurers.
HB 520. By Representatives White of the 161st, Lord of the 121st, Bargeron of the 120th, Hanner of the 159th and Randall of the 127th:
A bill to amend Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses applicable to dead bodies, so as to make it unlaw ful to abuse a dead body prior to interment.
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 291. By Representative Cox of the 160th:
A resolution naming the Bartow Gibson Highway.

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JOURNAL OF THE SENATE

HR 280. By Representatives Felton of the 43rd, Walker of the 141st, Irvin of the 45th, Stephenson of the 25th and Evans of the 28th:
A resolution calling for the Conference of the States.
SR 256. By Senators Ray of the 19th and Perdue of the 18th:
A resolution relative to adjournment.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 403. By Senators Dean of the 31st, Ray of the 19th, Marable of the 52nd and Henson of the 55th:
A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions applicable to notaries public, so as to require notaries public to execute and file bonds for the faithful performance of their duties; to provide for the amount of the bond and the time of execution and filing; to provide for filing of bonds with the clerks of superior courts; to provide for actions on bonds in cases where a notary has committed misconduct; to pro vide an exception.
Referred to Committee on Special Judiciary.
SB 404. By Senators Johnson of the 2nd, Walker of the 22nd, Kemp of the 3rd and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Institute for Community Economic Development; to define terms; to provide for the purposes of the institute; to provide for the powers of the institute; to provide for a board of directors and a director of the institute; to provide for the powers and duties of the director of the institute; to provide that the costs of operating the institute shall be paid from public funds.
Referred to Committee on State and Local Governmental Operations - General.
SB 405. By Senators Glanton of the 34th, McGuire of the 30th, Edge of the 28th and others:
A bill to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fiscal affairs of the General Assembly, so as to provide for a short title; to provide for legislative findings, intent, and purpose; to provide for defini tions; to provide for actions with regard to the executive department of state government relating to the implementation of federal statutes; to provide for reports, budgeting, and appropriations with regard to such implementation.
Referred to Committee on Appropriations.
SB 406. By Senators Gochenour of the 27th, McGuire of the 30th and Glanton of the 34th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide for the consecutive service of sentences by inmates convicted of a crime while in prison; to provide for related matters; to provide for an effective date and applicability.
Referred to Committee on Special Judiciary.

MONDAY, FEBRUARY 27, 1995

885

SB 407. By Senators Gochenour of the 27th, McGuire of the 30th and Glanton of the 34th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the "Competitive Contracting of State Public Services Act"; to require that all state government entities establish a competi tive contracting system; to provide for legislative declarations and findings; to provide for a short title; to define terms; to provide for the scope of the Act; to provide for exclusions; to provide for a free enterprise participation process.
Referred to Committee on Appropriations.
SB 408. By Senator Isakson of the 21st:
A bill to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to general provisions regarding interest and usury, so as to provide for interest on certain claims in bankruptcy.
Referred to Committee on Judiciary.
SB 409. By Senators Johnson of the 2nd, Abernathy of the 38th, Brown of the 26th and others:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change the provisions relating to the scope of practice of chiropractors.
Referred to Committee on Health and Human Services.
SB 410. By Senators Clay of the 37th and Ralston of the 51st:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relat ing to the transfer of a nonresident child to the county of the child's residence for disposition following adjudication that the child has committed an unruly or de linquent act; to authorize the adjudicating court to retain jurisdiction over the disposition of the nonresident child.
Referred to Committee on Judiciary.
SB 411. By Senator Balfour of the 9th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, so as to provide for special li cense plates for persons who are retired reservists; to provide for procedures and fees.
Referred to Committee on Defense and Veterans Affairs.
SB 412. By Senator Thompson of the 33rd:
A bill to amend an Act incorporating the Town of Salt Springs, later changed to Lithia Springs, as amended, so as to provide that the corporate limits of Lithia Springs shall not include any portion of the corporate limits of the City of Austell.
Referred to Committee on State and Local Governmental Operations.

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JOURNAL OF THE SENATE

SB 413. By Senator Thompson of the 33rd:
A bill to amend an Act creating a new charter for the City of Powder Springs, as amended, so as to change the corporate limits.
Referred to Committee on State and Local Governmental Operations.
SB 414. By Senator Thompson of the 33rd:
A bill to amend an Act providing a new charter for the City of Austell, as amended, so as to adopt an official map of the corporate limits of the City of Austell, Georgia; to confirm the corporate boundaries of the City of Austell, Georgia.
Referred to Committee on State and Local Governmental Operations.
SB 415. By Senator Johnson of the 1st:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Central of Georgia Railroad Shops Complex as the official state railroad museum of Georgia.
Referred to Committee on State and Local Governmental Operations - General.
SB 416. By Senator Boshears of the 6th:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide that two or more volunteer fire departments may form a nonprofit corporation; to allow said nonprofit corpora tion to apply for state funding grants as if it were a local governmental entity; to provide for procedures and restrictions in connection therewith.
Referred to Committee on State and Local Governmental Operations - General.
SB 417. By Senator Boshears of the 6th:
A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, so as to provide for alternative selections of health care providers in health care provider networks and health benefit plans; to provide for definitions.
Referred to Committee on Health and Human Services.
SR 253. By Senators Johnson of the 2nd, Walker of the 22nd, Kemp of the 3rd and others:
A resolution creating the Community Economic Development Task Force to co ordinate and promote growth and economic development efforts of rural, minori ty, and economically distressed communities of Georgia.
Referred to Committee on State and Local Governmental Operations - General.
SR 254. By Senator Burton of the 5th:
A resolution creating the Senate Study Committee on Voluntary Alcoholic Bev erage Responsible Vendor Training Programs.
Referred to Committee on Rules.

MONDAY, FEBRUARY 27, 1995

887

SR 255. By Senators Glanton of the 34th, Gochenour of the 27th, Johnson of the 1st and Day of the 48th:
A resolution urging the United States Congress to resist efforts to assign United States military forces to the United Nations; to cease to appropriate funds for any military activity not authorized by Congress; to resist any attempts to merge America into a global government.
Referred to Committee on Defense and Veterans Affairs.
SR 257. By Senators Taylor of the 12th, Blitch of the 7th and Boshears of the 6th:
A resolution authorizing the leasing of certain improved real property or por tions thereof owned by the State of Georgia in Clay County; to authorize the leasing of certain improved real property or portions thereof owned by the State of Georgia in Ware County.
Referred to Committee on Finance and Public Utilities.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 222. By Representatives Purcell of the 147th, Floyd of the 138th, Reaves of the 178th and others:
A bill to amend Code Section 15-11-33 of the Official Code of Georgia Annotated, relating to the findings of the juvenile court on a petition alleging delinquency, unruliness, or deprivation and related matters, so as to provide that upon a find ing that a male child has committed acts by reason of which he is alleged to be delinquent or unruly, the court shall order such child to obtain or be given a haircut.
Referred to Committee on Judiciary.
HB 268. By Representatives Orrock of the 56th and Martin of the 47th:
A bill to amend Code Section 24-9-47 of the Official Code of Georgia Annotated, relating to the disclosure of AIDS confidential information, so as to provide for disclosure of AIDS confidential information to a coroner or medical examiner pursuant to a subpoena issued in accordance with Code Section 45-16-27 of the Official Code of Georgia Annotated.
Referred to Committee on Health and Human Services.
HB 288. By Representatives Snow of the 2nd, Bailey of the 93rd, Perry of the llth and Carter of the 166th:
A bill to amend Code Section 50-5-58 of the Official Code of Georgia Annotated, relating to cases in which state agencies are not required to make purchases through the Department of Administrative Services, so as to provide that emer gency purchases made during a declared state of emergency by the Georgia Emergency Management Agency need not be made through such department.
Referred to Committee on State and Local Governmental Operations - General.

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JOURNAL OF THE SENATE

HB 299. By Representative Campbell of the 42nd:
A bill to amend Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to breach of a restrictive covenant, so as to change the statute of limita tions applicable to actions for breach of covenant restricting lands to certain uses.
Referred to Committee on Special Judiciary.
HB 339. By Representative Barnes of the 33rd:
A bill to amend Code Section 19-7-44 of the Official Code of Georgia Annotated, relating to parties to actions for determination of paternity and guardians ad litem, so as to delete certain provisions relating to the child being made a party to a paternity action and the appointment of a guardian or guardian ad litem.
Referred to Committee on Judiciary.
HB 369. By Representatives McBee of the 88th, Ashe of the 46th, Trense of the 44th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that insurers issuing individual and group accident and sickness policies shall be required to make available coverage for bone mar row transplants for treatment of breast cancer; to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance plan, so as to require any health insurance plan for state em ployees to make available coverage for bone marrow transplants for treatment of breast cancer.
Referred to Committee on Insurance and Labor.
HB 395. By Representative Connell of the 115th:
A bill to amend Code Section 43-26-38 of the Official Code of Georgia Annotated, relating to license to practice as a licensed practical nurse by endorsement and temporary permits for qualified applicants, so as to change the provisions relat ing to the requirements for licensure applicable to persons from other states or territories of the United States in cases where an applicant has graduated from an approved program within one year of the date of application or was initially licensed within one year of the date of application.
Referred to Committee on Health and Human Services.
HB 495. By Representative Poston of the 3rd:
A bill to amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, so as to provide that all proceedings relevant thereto shall be concluded within one year.
Referred to Committee on Judiciary.

MONDAY, FEBRUARY 27, 1995

889

HB 498. By Representatives Williams of the 83rd, Powell of the 23rd, McKinney of the 51st and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relat ing to when a child may be taken into custody; to change the procedures for taking an unruly child into custody; to authorize counties and municipalities to establish holding facilities for children suspected of being unruly or in violation of local curfew ordinances.
Referred to Committee on Judiciary.
HB 511. By Representatives Floyd of the 138th, Streat of the 167th, Golden of the 177th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to provide that the length of cer tain loads of wood products may exceed the length of 60 feet without a permit.
Referred to Committee on Transportation.
HB 520. By Representatives White of the 161st, Lord of the 121st, Bargeron of the 120th and others:
A bill to amend Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses applicable to dead bodies, so as to make it unlaw ful to abuse a dead body prior to interment.
Referred to Committee on Special Judiciary.
HB 524. By Representatives Golden of the 177th, Royal of the 164th, Jamieson of the 22nd and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for a tax credit for physicians who choose to practice in rural coun ties at rural hospitals under certain conditions.
Referred to Committee on Finance and Public Utilities.
HB 558. By Representatives Sherrill of the 62nd, Lucas of the 124th, Davis of the 48th and Randolph of the 72nd:
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 disclosure by entities, facilities, programs, services, or instrumentalities of the state or a political subdivision of the state advertising, marketing, offering to provide or providing specialized care, treatment, or activities for persons with a probable diagnosis of Alzheimer's disease or related disorders.
Referred to Committee on Health and Human Services.
HB 563. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for limited liability partnerships.
Referred to Committee on Special Judiciary.

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HB 578. By Representatives Coleman of the 142nd and Parrish of the 144th:
A bill to amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to change provisions relating to the state auditor's annual report of salaries and expenses of personnel of state government entities.
Referred to Committee on Appropriations.
HB 605. By Representatives Barnes of the 33rd and Bostick of the 165th:
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 the em ployment of attorneys by county officers under certain circumstances; to provide for the payment of attorneys' fees and expenses of litigation from county funds.
Referred to Committee on Judiciary.
HB 616. By Representatives Lord of the 121st, Culbreth of the 132nd, Henson of the 65th and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for definitions; to provide requirements for health insurance policies; to provide for the modification of certain health insurance contracts; to impose certain re quirements on health insurers.
Referred to Committee on Insurance and Labor.
HB 626. By Representatives Heard of the 89th, Hugley of the 133rd, Shipp of the 38th and others:
A bill to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to insurance agents, subagents, counselors, and adjusters, so as to repeal certain provisions relating to fees for certificates; to authorize the Commissioner to enter into certain agreements for services and to negotiate charges therefor.
Referred to Committee on Insurance and Labor.
HB 646. By Representatives Sinkfield of the 57th and McBee of the 88th:
A bill to amend Code Section 49-4A-7 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Children and Youth Serv ices, so as to provide for solicitation, acceptance, and use of donations, contribu tions, and gifts by the department; to provide that grants, devises, and bequests of property may be held by the department on behalf of the state.
Referred to Committee on Health and Human Services.
HB 662. By Representative Cummings of the 27th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the boards of trustees of certain public retirement systems may, in addition to their investment authority, invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million.
Referred to Committee on Finance and Public Utilities.

MONDAY, FEBRUARY 27, 1995

891

HB 670. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the definition of the term "entity" as used in Chapter 2 of said title; to change the provisions relating to articles of incorporation and the contents thereof; to provide for in demnification of directors; to change the provisions relating to corporate names.
Referred to Committee on Judiciary.

HB 799. By Representatives McClinton of the 68th, McKinney of the 51st, Martin of the 47th and others:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to change the membership and number of mem bers of the library board of trustees.
Referred to Committee on State and Local Governmental Operations.

HB 801. By Representative Stephenson of the 25th: A bill to provide a new charter for the Town of Arcade.
Referred to Committee on State and Local Governmental Operations.

HB 803. By Representatives Stancil of the 16th, Pinholster of the 15th and Harris of the 17th:
A bill to amend an Act providing a homestead exemption from Cherokee County School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who have annual in comes not exceeding $16,000.00 and who are 62 years of age or over, so as to change the amount of such exemption.
Referred to Committee on State and Local Governmental Operations.

HR 280. By Representatives Felton of the 43rd, Walker of the 141st, Irvin of the 45th and others:
A resolution calling for the Conference of the States.
Referred to Committee on Interstate Cooperation.

HR 291. By Representative Cox of the 160th: A resolution naming the Bartow Gibson Highway.
Referred to Committee on Transportation. The following reports of standing committees were read by the Secretary:

Mr. President:
The Committee on Banking and Financial Institutions has had under consideration the following resolution and bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 244. Do pass.

HB 466. Do pass.

HB 297. Do pass by substitute.

Respectfully submitted, Senator Turner of the 8th District, Chairman

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Mr. President: The Committee on Corrections, Correctional Institutions and Property 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 349. Do pass.
Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President: The Committee on Economic Development, Tourism and Cultural Affairs has had
under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 120. Do pass by substitute.
Respectfully submitted, Senator Broun of the 46th District, Chairman

Mr. President: The Committee on Education has had under consideration the following bill of the
Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 282. Do pass.
Respectfully submitted, Senator Marable of the 52nd District, Chairman

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

HB 175. Do pass as amended.

HB 462. Do pass as amended.

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

Mr. President:

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

SR 226. Do pass.

HB 576. Do pass.

SR 228. Do pass.

HB 684. Do pass.

HB 567. Do pass.

HB 399. Do pass by substitute.

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

MONDAY, FEBRUARY 27, 1995

893

Mr. President:

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

SB 315. Do pass.

SB 367. Do pass as amended.

Respectfully submitted, Senator Walker of the 22nd District, Chairman

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

HB 593. Do pass.

HB 640. Do pass.

Respectfully submitted, Senator Cheeks of the 23rd District, Chairman

Mr. President:

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

SR 121. Do pass.

SR 57. Do pass.

SR 53. Do pass.

SR 68. Do pass.

Respectfully submitted, Senator Scott of the 36th District, Chairman

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

SB 302. Do pass by substitute.

HB 107. Do pass by substitute.

SB 313. Do pass as amended.

HB 627. Do pass by substitute.

SB 359. Do pass by substitute.

Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

HB 741. Do pass.

HB 762. Do pass.

HB 753. Do pass.

HB 674. Do pass.

HB 761. Do pass.

SB 391. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

894

JOURNAL OF THE SENATE

The following bills and resolutions were read the second time:

SB 221 SR 162

SB 264 HB 53

SB 341 HB 124

SB 369

SB 374

SR 4

Senator Edge of the 28th moved that Senator Isakson of the 21st be excused from the Senate today, to attend a funeral.
On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Isakson of the 21st was excused from the Senate today.

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

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

Glanton Gochenour Griffin
Gum Harbison
Hill Hooks James Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard
Ragan Ralston
Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy Egan

Henson Isakson (excused)

Johnson of 2nd Ray (presiding)

The President Pro Tempore 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. Wayne Edwards, pastor of First Baptist Church, Forest Park, Georgia, who offered scripture reading and prayer.
The President assumed the Chair.
Senator Slotin of the 39th introduced Sylvia Wygoda, the Chairman of the Holocaust Commission.

The following resolutions were read and adopted:

SR 258. By Senators Henson of the 55th, Stokes of the 43rd and Burton of the 5th: A resolution recognizing and commending Pine Ridge Elementary School.

SR 259. By Senator Johnson of the 1st:
A resolution recognizing and commending Kirby and Lynda Beam, the 1994 Na tional Outstanding Tree Farmers.

MONDAY, FEBRUARY 27, 1995

895

SR 260. By Senators Clay of the 37th and Ralston of the 51st: A resolution designating Georgians of Irish Ancestry Week.
SR 262. By Senator Perdue of the 18th: A resolution commending the 1995 Georgia Winners.
SR 263. By Senators Bowen of the 13th, Pollard of the 24th, Guhl of the 45th and others: A resolution commending Lieutenant Colonel R. C. "Stock" Coleman.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Monday, February 27, 1995
TWENTY-NINTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 741 Hill, 4th CITY OF HAGAN An Act to provide for a new charter for the City of Hagan.
HB 753 Ralston, 51st GORDON COUNTY An Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Gordon County.
HB 761 Guhl, 45th MONROE CITY/WALTON COUNTY Amend an Act to authorize the City of Monroe to provide for telecommunica tions services both inside and outside the corporate limits of the city.
HB 762 Guhl, 45th MONROE CITY/WALTON COUNTY Amend an Act to change the provisions relating to the establishment of the gov ernment for the City of Monroe.
HB 674 Madden, 47th CITY OF ILA/MADISON COUNTY Amend an Act incorporating the City of Ila in the County of Madison to change the terms of office of the mayor and council members.
SB 391 Land, 16th Langford, 29th HARRIS COUNTY An Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Harris County.

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The report of the committee, which was favorable to the passage of the bills as re;ed, 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 Black Blitch Boshears Bowen
Broun of 46th Burton
Cagle Cheeks
Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison
Henson Hill
Hooks James
Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Brown of 26th

Isakson (excused) Newbill

Oliver Perdue

On the passage of all the local bills, the yeas were 50, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite con stitutional majority, were passed.

SENATE RULES CALENDAR
Monday, February 27, 1995 TWENTY-NINTH LEGISLATIVE DAY

SB 351 Structural Pest Control Commission--applicant examinations (C Aff--19th)
SB 353 Law Enforcement Indemnification--certain National Guard members regarding death, disability (D&VA--15th)
SB 354 State Militia--certain rights, benefits extended to certain National Guard mem bers (D&VA--15th)
SB 133 Certain State Employees--political activities, contributions (Substitute) (Eth ics--55th)
SB 281 Teacher Employment--vacancy advertisement (Ed--llth)
SB 294 Professional Practices Commission--finding of fact/recommendations (Substi tute) (Ed--llth)
SR 180 CA: Special Purpose County Sales Tax--sharing of proceeds (Substitute) (Ed-- 52nd)
SB 332 Insurance Corporations--certain financial transactions (I&L--29th)

MONDAY, FEBRUARY 27, 1995

897

SB 363 Scholarships, Loans--revise purpose of Georgia Higher Education Assistance Corporation/Student Finance Authority (H Ed--4th)
SR 77 Joint Guardianship Study Committee--create (Rules--52nd)
SB 377 Chairlifts in Buildings Owned by Nonprofit Organizations--laws governing (C Aff-- 6th)
SB 218 School Personnel Employment--no local salary supplement reductions (Ed-- 38th)
SR 227 Raymond R. Lester Wildlife Management Area--recommend designate (Nat R--31st) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:

SB 351. By Senators Ray of the 19th and Gillis of the 20th:

A bill to amend Code Section 43-45-8 of the Official Code of Georgia Annotated, relating to general powers and duties of the State Structural Pest Control Com mission, so as to provide for appropriate examinations for applicants.

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

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

Those voting in the affirmative were Senators:

Balfour Blitch
Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis Glanton Gochenour

Griffin Guhl
Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue
Pollard Ragan Ralston Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Black

Brown of 26th Day

Isakson (excused) Starr

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Oliver of the 42nd introduced the doctor of the day, Dr. John Gamwell, Atlanta, Georgia.

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JOURNAL OF THE SENATE

The Calendar was resumed.

SB 353. By Senators Harbison of the 15th and Land of the 16th:

A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, pris on guards, and publicly employed emergency medical technicians, so as to change the definition of the term "law enforcement officer"; to provide that cer tain members of the Georgia National Guard carrying out law enforcement du ties shall be eligible for indemnification with respect to death or disability occur ring in the line of duty.

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

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis Glanton Gochenour

Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Black Brown of 26th

Day Isakson (excused)

Oliver Taylor

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 354. By Senator Harbison of the 15th:
A bill to amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions applicable to the state militia, so as to provide that certain reemployment rights, privileges, and benefits granted to persons in the military service shall be extended to and be applicable to any person who is a member of the Georgia National Guard and who is called into active state service.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 27, 1995

899

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 Black Blitch Boshears Broun of 46th Burton
Cagle Cheeks Clay Crotts Day Dean
Edge Egan Farrow Gillis
Glanton

Gochenour Guhl Harbison Henson Hill Hooks
James Johnson of 2nd Johnson of 1st Kemp Land Langford
Madden Marable McGuire Middleton
Newbill

Oliver Perdue Pollard Ragan Ralston Ray
Scott Slotin Starr Stokes Tanksley Thomas
Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Bowen

Brown of 26th Griffin

Isakson (excused) Taylor

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

SB 133. By Senators Henson of the 55th, Thomas of the 10th, Stokes of the 43rd and others:
A bill to enumerate instances of proper and improper political activity for em ployees of the state in the classified service and to provide for exceptions; to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, in order to repeal an existing statutory pro hibition against certain political contributions by employees of such depart ment; to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles.

The Senate Committee on Ethics offered the following substitute to SB 133:

A BILL
To be entitled an Act to enumerate instances of permitted and prohibited political activity for employees of the state in the classified service and to provide for exceptions; to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, in order to repeal an existing statutory prohibition against certain polit ical contributions by employees of such department; to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to repeal existing statutory prohibitions regarding certain political activities by members and employees of the State Board of Pardons and Paroles; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change certain duties of the commissioner of personnel and the State Personnel Board relating to improper political activity by state employees; to list permitted and prohibited political activities; to provide for rules, regulations, and penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended by striking in its entirety Code Section 35-2-12, relating to contribution to political campaigns by employees of the department, which reads as follows:
"35-2-12.
No person in the employ of the department shall, either directly or indirectly, contribute 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.",
and inserting in lieu thereof the following: "35-2-12.
Reserved."
SECTION 2.
Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, is amended by striking in its entirety Code Section 42-9-15, relating to conflicts of interest by members and employees of the State Board of Pardons and Paroles, and in serting in lieu thereof a new Code section to read as follows:
"42-9-15.
No member of the board or full-time employee thereof, during his or her service upon or under the board, shall engage in any other business or profession or hold any other pub-
llC OIIICG, HOI" Sll3.il 116 S^i'Vti 3.S 3 TEpl'^SGiltfltiVfe OI Siiy pOlltlC&l pfli'ty Oi1 LLiy ^XSCUtiVfe
political luuiuiittee, organization, 01 association, nor shall he be engaged nil the behalf of
3.1iy CLiluiu.3t>& 101 j^UDliC Orlld^ ill Wife SOllClt&tiOIl 01 VGtcS 01 OLIiiSrwifec UGCOlllG 3. CcHlCliuclLti
for public office, without resigning from the board or from employment by the board."
SECTION 3.
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking in its entirety subsection (b) of Code Section 45-20-4, relating to the commissioner of personnel administration, and inserting in lieu thereof a new subsection to read as follows:
"(b) The duties and responsibilities of the commissioner shall be:
(1) To serve as executive secretary to the board, to attend meetings as directed by the board, and to provide such professional, technical, and other supportive assistance as may be required by the board in the performance of its duties;
(2) Consistent with board policy, to administer the operations of the state merit system and to otherwise act in the capacity of chief executive officer of the state personnel administration program;
(3) To submit to the Governor the rules and regulations adopted by the State Personnel Board effectuating the state merit system. Such merit system rules and regulations when approved by the Governor shall have the force and effect of law and shall be binding upon the state departments covered by this article and shall include provisions for the establishment and maintenance of classification and compensation plans, the conduct of examinations, and the establishment of registers of persons eligible for ap pointment under the merit system, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, reinstatement, appeals, reports of performance, payroll certification, employee training, and all other phases of merit system administration. Except as provided by Chapter 25 of this title, such Such rules

MONDAY, FEBRUARY 27, 1995

901

and regulations shall define and prohibit improper political activity by any departmen tal employee of the State Personnel Board or any employee covered under the terms of the state merit system and shall provide that there shall be no discrimination for or against any person or employee in any manner, to include, but not be limited to, hiring, discharge, compensation, benefits, terms or conditions of employment, promotion, job classification, transfer, privileges, or demotion because of political affiliation, religious affiliation, race, creed, national origin, sex, age between 40 and 70 years, or physical handicap. Such rules and regulations shall conform to the minimum standards for merit systems of personnel administration as specified by those federal departments from which federal funds are obtained for use by the several state departments covered by this article. Compensation plans and modifications thereto promulgated under the rules and regulations of the commissioner shall become effective as adopted upon ap proval of the director of the Office of Planning and Budget;
(4) To administer the rules and regulations and all other operational aspects of the state merit system and to assure compliance therewith in all the departments covered by the state merit system;
(5) To appoint and prescribe the duties of the merit system staff, all positions of which shall be included in the classified service, except as otherwise provided in this article;
(6) To establish an annual budget covering all the costs of operating the State Merit System of Personnel Administration including the State Personnel Board, and the costs of administering such federal laws relating to personnel administration as the Governor may direct including the Intergovernmental Personnel Act of 1970, and to determine an equitable basis of prorating the annual costs among the several depart ments covered by the State Merit System of Personnel Administration, provided that upon approval of such budget by the Governor, he or she shall be empowered to direct that the necessary pro rata share of the several assessed departments concerned be made available for expenditure by the state merit system in the same manner as ap propriated funds are expended by other departments of the state;
(7) To ensure compliance with all applicable state and federal statutes and regulations concerning discrimination in employment, personnel administration, and related matters;
(8) To cooperate with appointing authorities in the administration of this article in order to promote public service and establish conditions of service which will attract and retain employees of character and ability and to increase efficiency and economy in governmental departments by improving the methods of personnel administration with full recognition of the requirements and needs of management; and
(9) To appoint and prescribe the duties of a deputy commissioner of personnel adminis tration who shall be the second highest executive officer in the state merit system and the deputy executive secretary to the State Personnel Board; and to appoint and pre scribe the duties of such other assistant commissioners of personnel administration as the commissioner deems appropriate. The deputy commissioner and the assistant com missioners shall be in the unclassified service and any of them shall have the authority to perform any duty assigned to the commissioner if delegated to them by the commissioner."
SECTION 4.
Said title is further amended by inserting a new chapter to be designated Chapter 25, to read as follows:
"CHAPTER 25
45-25-1.
Improper political activities by employees in the classified service of the state are prohib ited. The State Personnel Board shall adopt rules governing permitted and prohibited

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JOURNAL OF THE SENATE

political activity which do not conflict with this chapter and provide penalties for prohib ited political activities by employees in the classified service. 45-25-2.
The following political activities for employees in the classified service are permitted:
(1) Registering to vote;
(2) Voting;
(3) Assisting in voter registration drives;
(4) Running for or holding an elective or appointive office of a political subdivision of this state or any other state or any elective or appointive office of a political party or political organization, provided such an office is not full time and does not conflict with the performance of the individual's official duties as a state employee;
(5) Expressing opinions regarding candidates and issues;
(6) Contributing money to political organizations;
(7) Attending political fundraising functions;
(8) Attending and participating in political rallies and meetings;
(9) Joining and being an active member of a political party or club;
(10) Signing nominating petitions;
(11) Campaigning for or against referendum questions, constitutional amendments, and municipal ordinances;
(12) Campaigning for or against candidates in partisan elections;
(13) Making campaign speeches for candidates in partisan elections; and
(14) Distributing campaign literature in partisan elections.
45-25-3.
Employees in the classified service shall not engage in the following political activities:
(1) Using their official authority or influence to interfere with an election;
(2) Collecting political contributions, unless both individuals are members of the same labor organization or employee organization and the person solicited is not a subordinate employee in relation to the person soliciting the contribution;
(3) Knowingly soliciting or discouraging the political activity of any person who has business with the agency employing the employee;
(4) Engaging in political activity or wearing political buttons while on duty; (5) Engaging in political activity in any government office;
(6) Engaging in political activity while wearing an official uniform of a state agency;
(7) Engaging in political activity while using a government vehicle or in a vehicle for which the state is paying transportation mileage;
(8) Soliciting political contributions from the general public;
(9) Running for or holding any elective state office of this state or any other state or running for or holding elective civil office of the federal government; or
(10) Supporting or opposing the election of any candidate for an elective office which has general or specific supervisory or managerial authority over such employee. 45-25-4.
This chapter shall not apply to employees of the Secretary of State whose duties relate to elections, employees of the Department of Public Safety, employees of the Georgia Bu reau of Investigation, employees of the Board of Pardons and Paroles, or administrative

MONDAY, FEBRUARY 27, 1995

903

law judges. For classified employees in such departments or work units, improper polit ical activity shall be defined and prohibited by the rules and regulations promulgated by the State Personnel Board."

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed. Senator Edge of the 28th moved that SB 133 be placed on the Table.

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

Those voting in the affirmative were Senators:

Balfour Boshears Bowen Burton Cagle Clay Crotts Day

Edge Egan Glanton Gochenour Guhl Johnson of 1st Land

McGuire Newbill Pollard Ralston Tanksley Taylor Tysinger

Those voting in the negative were Senators:

Abernathy Black Blitch Broun of 46th Brown of 26th Cheeks Dean Farrow Gillis Griffin Harbison

Henson Hill Hooks James Johnson of 2nd Kemp Langford Madden Marable Middleton Oliver

Perdue Ragan Ray Scott Slotin Starr Stokes Thomas Thompson Turner Walker

Not voting was Senator Isakson (excused).

On the motion to table, the yeas were 22, nays 33, and the motion was lost.

On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Black Blitch Bowen Broun of 46th Brown of 26th Cheeks Dean Gillis Griffin Harbison Henson

Hill Hooks James Johnson of 2nd Kemp Langford Madden Marable Middleton Oliver Perdue

Ragan Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Walker

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Balfour Boshears Burton Cagle Clay Crotts Day

Edge Egan Farrow Glanton Gochenour Guhl Johnson of 1st

Land McGuire Newbill Pollard Ralston Tanksley Tysinger

Not voting was Senator Isakson (excused).

On the passage of the bill, the yeas were 34, nays 21.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Henson of the 55th moved that SB 133 be immediately transmitted to the House.
On the motion, the yeas were 29, nays 5; the motion prevailed, and SB 133 was imme diately transmitted.

SB 281. By Senator Ragan of the llth:

A bill to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to the employment of teachers, principals, and other certified profes sional personnel, so as to provide requirements for the advertisement of teacher
vacancies.

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

On 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Day Dean Edge Egan Farrow
Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire
Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Crotts

Isakson (excused)

Walker

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 27, 1995

905

SB 294. By Senator Ragan of the llth:
A bill to amend Code Section 20-2-797 of the Official Code of Georgia Annotated, relating to Professional Practices Commission disciplinary recommendations, so as to provide for findings of fact, conclusions of law, and recommendations by the Professional Practices Commission; to amend Code Section 50-13-41 of the Official Code of Georgia Annotated, relating to hearing procedures of the Office of State Administrative Hearings, so as to provide for findings of fact.
The Senate Education Committee offered the following substitute to SB 294:
A BILL
To be entitled an Act to amend Code Section 20-2-797 of the Official Code of Georgia Anno tated, relating to Professional Practices Commission disciplinary recommendations, so as to provide for findings of fact, conclusions of law, and recommendations by the Professional Practices Commission; to amend Code Section 50-13-41 of the Official Code of Georgia An notated, relating to hearing procedures of the Office of State Administrative Hearings, so as to provide for findings of fact, conclusions of law, and recommendations to be made by a tribunal of the Professional Practices Commission in certain cases involving educators; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 20-2-797 of the Official Code of Georgia Annotated, relating Professional Practices Commission disciplinary recommendations, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) Following Upon its completion of any an investigation authorized by Code Section 20-2-796 but, in a contested case, not beforeThe conclusion of a hearing held pursuant to Code Section 50-13-41, the commission may furnish to the local board, the state board, the Professional Standards Commission, or any combination thereof, findings of fact, con clusions of law, and recommendations. Based on its findings of fact and conclusions of law, the commission may recommend that no action be taken against the educators in volved if the commission, iii its investigation, found determined that the complaints against the educators were not justified. If the commission, in itl investigation, found determined there was justification for the complaints against the educators involved, it may recommend any combination of the following actions:
(1) That the educators be warned or reprimanded;
(2) That the contracts of the educators be terminated, suspended, or not renewed; or
(3) That the certificates of the educators be suspended or revoked."
SECTION 2.
Code Section 50-13-41 of the Official Code of Georgia Annotated, relating to hearing proce dures of the Office of State Administrative Hearings, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a)(l) 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:, and such Such hearings shall be conducted in accordance with the provisions of this chapter and the rules and regulations promulgated under this article, except as provided in paragraph (2) of this subsection.
(2) The Professional Practices Commission shall convene a tribunal which shall hear all evidence and render findings of fact, conclusions of law, and recommendations in all

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case proceedings pursuant to Code Section 20-2-797 in accordance with rules and regu lations promulgated by the Professional Practices Commission pursuant to this chap ter. An assistant administrative law judge shall preside over any such proceeding and iHall make necessary legal rulings and shall prepare a composite report of the tribu nal's findings of fact, conclusions of law, and recommendations. Such composite report shall be transmitted to the Professional Practices Commission for approval.
(3) An administrative law judge shall have the power to do all things specified in paragFaph (6) of subsection (a) of Code Section 50-13-13."

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 Black
Blitch Boshears
Bowen Brown of 26th Burton Cagle
Cheeks Clay Crotts Day Dean Edge Farrow Gillis

Glanton Gochenour Griffin
Guhl Harbison
Henson Hill Hooks James
Johnson of 1st Land Langford Madden Marable McGuire Middleton Newbill

Those not voting were Senators:

Broun of 46th Egan Isakson (excused)

Johnson of 2nd Kemp

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger
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.

SR 180. By Senators Marable of the 52nd, Cagle of the 49th, Dean of the 31st and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly shall by general law authorize the sharing of proceeds of special purpose county sales and use taxes for capital outlay projects for county purposes by a county, municipal purposes by a municipality, or educational purposes by local school districts, including independent school districts, or any combination thereof; to provide for conditions and limitations; to provide for submission of this amendment for ratification or rejection; and for other purposes.

MONDAY, FEBRUARY 27, 1995

907

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article LX, Section II of the Constitution is amended by adding a new Paragraph X to read as follows:
"Paragraph X. Special purpose county sales and use' tax, (a) The General Assembly shall authorize the sharing of the proceeds of special purpose county sales and use taxes for capital outlay projects for county purposes by a county, municipal purposes by a mu nicipality, or educational purposes by local school districts including independent school districts, or any combination thereof.
(b) Any such general law shall empower county governing authorities, subject to the re quirement of approval in a referendum and such other requirements, terms, and condi tions as may be specified by general law, to impose within their counties the special purpose county sales and use tax for a limited period of time for capital outlay projects specified in subparagraph (a) of this Paragraph.
(c) Any such tax shall be at a rate of 1 percent and shall be, during the period of its imposition, in conjunction with and not in addition to any other special purpose county sales and use tax in the county.
(d) A local school system shall not under this Paragraph be authorized itself to levy any such tax. Any such general law may provide that such taxation for local school systems must be authorized by the affected local boards of education.
(e) Any such general law may provide for a corresponding reduction in the amount of ad valorem taxes otherwise authorized to be levied for the support and maintenance of the school systems affected.
(f) Nothing in this Paragraph shall affect the authority of a metropolitan rapid transit authority created or operating pursuant to Article XI, Section I, Paragraph IV(d) of the Constitution to levy a sales and use tax for transportation purposes as provided by law."
SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide that the General ( ) NO Assembly shall by general law authorize the sharing of special purpose county
sales and use taxes for capital outlay projects for county, municipal, and edu cational purposes?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote 'Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The Senate Committee on Education offered the following substitute to SR 180:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly shall by general law authorize the sharing of proceeds of special purpose county sales and use taxes for capital outlay projects for county purposes by a county, municipal purposes by a municipality, or educational purposes by local school districts, including independent school districts, or any combination thereof; to provide for conditions and limitations; to provide for submission of this amendment for ratification or rejection; and for other purposes.

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JOURNAL OF THE SENATE

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article IX, Section II of the Constitution is amended by adding a new Paragraph X to read as follows:
"Paragraph X. Special purpose county sales and use tax, (a) The General Assembly shall by general law authorize the sharing of the proceeds of special purpose county sales and use taxes for capital outlay projects for county purposes by a county, municipal pur poses by a municipality, or educational purposes by local school districts including in dependent school districts, or any combination thereof.
(b) Any such general law shall empower county governing authorities, subject to the re quirement of approval in a referendum and such other requirements, terms, and condi tions as may be specified by general law, to impose within their counties the special purpose county sales and use tax for a limited period of time for capital outlay projects specified in subparagraph (a) of this Paragraph.
(c) Any such tax shall be at a rate of 1 percent and shall be, during the period of its imposition, in conjunction with and not in addition to any other special purpose county sales and use tax in the county.
(d) A local school system shall not under this Paragraph be authorized itself to levy any such tax. Any such general law may provide that such taxation for local school systems must be authorized by the affected local boards of education.
(e) Any such general law may provide for a corresponding reduction in the amount of ad valorem taxes otherwise authorized to be levied for the support and maintenance of the school systems affected.
(f) Nothing in this Paragraph shall affect the authority of a metropolitan rapid transit authority created or operating pursuant to Article XI, Section I, Paragraph IV(d) of the Constitution to levy a sales and use tax for transportation purposes as provided by law."
SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide that the General ( ) NO Assembly shall by general law authorize the sharing of special purpose county
sales and use taxes for capital outlay projects for county, municipal, and edu cational purposes?"
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.

MONDAY, FEBRUARY 27, 1995

909

Senators Marable of the 52nd and Cagle of the 49th offered the following amendment:

Amend the Senate Committee on Education substitute to SR 180 by striking in their en tirety lines 19 through 24 of page 2 and inserting in lieu thereof the following:
"'( ) YES Shall the Constitution be amended so as to provide that the General ( ) NO Assembly shall by general law, and subject to approval by county referen dum, authorize the sharing of the proceeds of special purpose county sales and use taxes for capital outlay projects for county purposes by a county, municipal purposes by a municipality, or educational purposes by local school districts including independent school districts, or any combination thereof?'"
On the adoption of the amendment, the yeas were 39, nays 0, and the Marable and Cagle 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 adoption of the resolution by substitute, was agreed to as amended.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Brown of the 26th and Perdue.

Those not voting were Senators:

Isakson (excused)

James

Scott

On the adoption of the resolution, the yeas were 51, nays 2.
The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

SB 332. By Senator Langford of the 29th:
A bill to amend Code Section 33-14-19 of the Official Code of Georgia Annotated, relating to financial interests in and transactions with insurers by officers, di rectors, committee members, or employees who invest insurers' funds, so as to change certain provisions relating to insurance corporations; to authorize cer tain transactions with insurers by said officers, directors, committee members, or employees.

910

JOURNAL OF THE SENATE

Senator Langford of the 29th offered the following amendment:

Amend SB 332 by adding after the word and symbol "employees;" on line 8 of page 1 the following:
"to provide an effective date;".
By striking line 2 of page 2 and inserting in lieu thereof the following:
"transaction within that period; provided, however, that the Commissioner may, upon written notice given to the insurer no less than five days prior to the expiration of the initial review period, extend the review period for an additional time not to exceed 30 days; andT
By redesignating existing Section 2 as Section 3.
By inserting between lines 13 and 14 of page 2 a new Section 2 to read as follows:

"SECTION 2.

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 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black
Blitch Boshears Bowen
Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean
Edge Egan
Farrow
Gillis

Glanton Gochenour Griffin
Guhl Harbison Henson
Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford
Madden Marable
McGuire

Middleton Newbill Oliver
Perdue Pollard Ragan
Ralston Ray Slotin Starr Stokes Tanksley Thomas Thompson
Turner Tysinger
Walker

Voting in the negative was Senator Taylor,

Those not voting were Senators:

Broun of 46th

Isakson (excused)

Scott

On the passage of the bill, the yeas were 52, nays 1. The bill, having received the requisite constitutional majority, was passed as amended.

MONDAY, FEBRUARY 27, 1995

911

SB 363. By Senators Hill of the 4th, Tysinger of the 41st and Turner of the 8th:

A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to revise the legisla tive findings and statement of purpose of the Georgia Higher Education Assist ance Corporation and the Georgia Student Finance Authority; to change the def initions of certain terms; to authorize the Georgia Higher Education Assistance Corporation to contract for the servicing of educational loans and for the admin istration of any portion of the Georgia Higher Education Loan Program.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay
Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill
Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford
Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch

Isakson (excused)

Scott

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed.

SR 77. By Senators Marable of the 52nd, Oliver of the 42nd, Hill of the 4th and Thomas of the 10th:

A resolution creating the Joint Guardianship 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 Black Blitch Boshears Bowen Broun of 46th

Brown of 26th Burton Cagle Cheeks Clay Crotts Day

Dean Edge Egan Farrow Gillis Glanton Gochenour

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JOURNAL OF THE SENATE

Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land

Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston

Not voting were Senators Isakson (excused) and Scott.

Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

On the adoption of the resolution, the yeas were 54, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SB 377. By Senators Boshears of the 6th and Kemp of the 3rd:

A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to preclude application of certain laws governing such apparatuses to single-seat, single-passenger chairlifts located in buildings owned and operated by certain nonprofit organizations.

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

On 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Griffin Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker

Voting in the negative was Senator Guhl.

Those not voting were Senators:

Isakson (excused) Perdue

Scott

Tysinger

On the passage of the bill, the yeas were 51, nays 1. The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 27, 1995

913

SB 218. By Senators Abernathy of the 38th, Scott of the 36th and Henson of the 55th:

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 delete provisions which would allow a de crease in local salary supplements for certain public school personnel under cer tain circumstances if a public hearing is held on the subject.

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

On 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 Black Blitch Boshears Bowen Brown of 26th Cagle Clay Crotts Dean Edge Farrow Gillis Griffin

Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable Middleton Newbill

Oliver Perdue Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Broun of 46th Burton Cheeks Day

Egan Glanton Gochenour Guhl

McGuire Pollard Tysinger

Not voting was Senator Scott.

On the passage of the bill, the yeas were 44, nays 11.
The bill, having received the requisite constitutional majority, was passed.
Senator Abernathy of the 38th moved that SB 218 be immediately transmitted to the House.
On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 218 was imme diately transmitted.

SR 227. By Senator Dean of the 31st:

A resolution recommending and requesting that the Board of Natural Resources and the Department of Natural Resources designate the wildlife management area in Polk County as the "Raymond R. Lester Wildlife Management Area".

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 Black

Blitch Boshears

Bowen Broun of 46th

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JOURNAL OF THE SENATE

Brown of 26th Burton Cheeks Crotts Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Harbison Henson Hill

Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue

Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Balfour

Day

Cagle

Guhl

Clay

Johnson of 2nd Scott

On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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

Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:

HB 76. By Representative Wall of the 82nd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to make it unlawful to furnish or disseminate through a computer network certain information relating to the sale or procurement of drugs or instructions to manufacture drugs.
Senator Perdue of the 18th moved that the Senate adjourn until 9:30 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 12:35 P.M.

TUESDAY, FEBRUARY 28, 1995

915

Senate Chamber, Atlanta, Georgia Tuesday, February 28, 1995 Thirtieth Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by Senator Ray of the 19th, President Pro Tempore.
Senator Marable of the 52nd 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 Jour nal 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 808. By Representatives Bunn of the 74th and O'Neal of the 75th:
A bill to create the Board of Elections and Registration of Rockdale County.
HB 809. By Representatives Bunn of the 74th and O'Neal of the 75th:
A bill to amend an Act creating the Magistrate Court of Rockdale County, so as to provide that county law library fees shall be charged and collected in actions and cases in the magistrate court.
HB 811. By Representatives Skipper of the 137th and James of the 140th:
A bill to create and establish the Taylor County Building Authority, a body cor porate and politic and an instrumentality of the State of Georgia.
HB 812. By Representative Smith of the 19th:
A bill to amend an Act entitled "An Act to provide a new charter for the Town of Clermont," so as to change certain requirements for holding certain offices.
HB 814. By Representatives Skipper of the 137th and James of the 140th:
A bill to create the Taylor County Water and Sewerage Authority.
HB 817. By Representative Holland of the 157th:
A bill to amend an Act entitled "An Act to incorporate the town of Sumner," so as to provide for incorporation, boundaries, and powers of the town.
HB 819. By Representatives Polak of the 67th, Henson of the 65th, Jones of the 71st, O'Neal of the 75th, Williams of the 63rd and others:
A bill to amend an Act creating the City of Avondale Estates, so as to change certain provisions relating to the election of the Board of Mayor and Commis sioners of Avondale Estates; to provide for the election of commissioners and the mayor.

916

JOURNAL OF THE SENATE

HB 229. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend Code Section 42-9-44 of the Official Code of Georgia Annotated, relating to specification of terms and conditions of parole, so as to provide that certain parolees shall be required to obtain a general educational development (GED) equivalency diploma or other education as a condition of their parole.
HB 374. By Representatives Ashe of the 46th, Scoggins of the 24th, McBee of the 88th, Hegstrom of the 66th, Stanley of the 49th and others:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to amend Code Section 3-1-2, relating to definitions, so as to add the definition of the term "brewpub"; to amend Code Section 3-5-20, relating to the levy and amount of state occupational tax on malt beverages, so as to provide for an occupational license tax for brewpub owners.
HB 240. By Representatives Buckner of the 95th, Lee of the 94th, Ashe of the 46th, Felton of the 43rd and Bailey of the 93rd:
A bill to amend Article 2 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to definitions and applications of terms under the "Employ ment Security Law," so as to change provisions relating to temporary help con tracting firms and their employees; to provide that a temporary help contracting firm employee who does not report for reassignment after completion of an as signment shall be deemed to have left employment voluntarily without good

HB 344. By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotat ed, relating to real estate appraisers, so as to change the provisions relating to fees for examination, activation, and renewal of appraiser classifications; to change the provisions relating to required conduct of applicants and grounds for refusal of appraiser classification.
SB 47. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Code Section 20-2-161.1 of the Official Code of Georgia Annotat ed, relating to enrollment of high school students in Postsecondary courses, so as to change the definition of the term "eligible institution" or "institution"; to thereby change the types of institutions in which such high school students may so enroll.
HB 338. By Representative Barnes of the 33rd:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, so as to change the provisions relating to witness fees and mileage.
SB 23. By Senators Isakson of the 21st and 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 allow the use of preexisting condition exclusions or limitations in group policies or contracts of disability income insur ance; to provide for the definition of the term preexisting condition in group poli cies or contracts of disability income insurance.

TUESDAY, FEBRUARY 28, 1995

917

HB 233. By Representatives Coleman of the 142nd and Smyre of the 136th:
A bill to amend Code Section 28-5-5 of the Official Code of Georgia Annotated, relating to the Budgetary Responsibility Oversight Committee of the General Assembly, relating to the number of members of the committee; to change provi sions relating to the time of appointment of members of the committee.
HB 271. By Representative Orrock of the 56th:
A bill to amend Chapter 12 of Title 34 of the Official Code of Georgia Annotated, known as the "Amusement Ride Safety Act," so as to define the term "certificate fee"; to change the provisions relating to waiver of ride inspection requirement; to change the provisions relating to the issuance of permits.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 368. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smyre of the 136th, Lee of the 94th and others:
A resolution designating the Pete Hackney Parking Facility.
HR 432. By Representatives Dixon of the 150th, Bordeaux of the 151st, Pelote of the 149th, Day of the 153rd and Mueller of the 152nd:
A resolution welcoming and commending Bishop John Kevin Boland.
HR 433. By Representatives Dixon of the 150th, Bordeaux of the 151st, Pelote of the 149th, Day of the 153rd and Mueller of the 152nd:
A resolution commending the Most Reverend Raymond William Lessard, Bishop of Savannah.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 418. By Senators Tysinger of the 41st and Oliver of the 42nd:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the offense of theft of trade secrets; to provide for definitions; to provide for a penalty; to provide for preserv ing the secrecy of trade secrets in prosecutions; to provide for exceptions.
Referred to Committee on Science, Technology and Industry.
SB 419. By Senators Edge of the 28th and Langford of the 29th:
A bill to create and establish the Griffin-Spalding County Charter and Unifica tion Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the orga nizational meeting of the charter and unification commission and for the elec tion of a chairperson; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses.
Referred to Committee on State and Local Governmental Operations.

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JOURNAL OF THE SENATE

SB 420. By Senator Ralston of the 51st:
A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to change certain pro visions relating to the use of "fighting words," obscene and vulgar or profane language, and harassing phone calls; to provide for the offense of disorderly con duct; to provide that certain powers of counties or municipalities shall not be affected or limited; to provide for the offense of harassing phone calls.
Referred to Committee on Judiciary.
SB 421. By Senators Tanksley of the 32nd, Clay of the 37th, Boshears of the 6th and others:
A bill to amend Article 1 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings in general, so as to provide for the authenticity of medical reports; to provide for admissibility of such medical reports.
Referred to Committee on Special Judiciary.
SB 422. By Senators Clay of the 37th and Thompson of the 33rd:
A bill to amend Code Section 3-3-2 of the Official Code of Georgia Annotated, relating to powers of local governing authorities as to granting, refusal, suspen sion, or revocation of licenses, so as to provide that a municipal corporation is not authorized to require that licensees be residents of such municipal corpora tion; to authorize municipal corporations to require that licensees be residents of the counties in which such municipal corporations are located.
Referred to Committee on State and Local Governmental Operations - General.
SB 423. By Senator Oliver of the 42nd:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support, so as to authorize an order for child sup port to require insurance for the benefit of a minor child on the life of either or both parents; to provide that premiums for such insurance be reviewed for rea sonableness and counted as a part of child support; to provide that the mainte nance of such insurance and the availability of the proceeds of such insurance shall not be required.
Referred to Committee on Judiciary.
SB 424. By Senators Cheeks of the 23rd and Walker of the 22nd:
A bill to provide for the Richmond County Board of Elections and Registration and provide that it will succeed to the powers and duties of another board of elections and of the election superintendent and board of registrars; to provide for appointment and qualifications of its members; to provide for its initial and subsequent membership and for terms, resignations, removal, vacancies, oaths, and certain privileges.
Referred to Committee on State and Local Governmental Operations.

TUESDAY, FEBRUARY 28, 1995

919

SB 425. By Senator Langford of the 29th:
A bill to amend Code Section 12-3-3 of the Official Code of Georgia Annotated, relating to powers of the Department of Natural Resources regarding parks and recreation projects, so as to provide that certain additional property may be sub leased for private development and operation of park facilities.
Referred to Committee on Natural Resources.
SB 426. By Senators Balfour of the 9th and Langford of the 29th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide for regulation of practices and agreements concerning the licensing of certain copyrighted works; to provide for legislative findings; to provide for definitions; to provide for procedures and requirements for contracts between the representatives of persons owning copyrights on nondramatic musical works and persons owning retail establishments in which such works are broadcast or performed.
Referred to Committee on Judiciary.
SB 427. By Senators Boshears of the 6th and Black of the 53rd:
A bill to amend Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration, so as to provide for arbitration of certain disputes be tween owners or operators of nuclear power plants and employees of certain contractors or subcontractors of owners or operators of nuclear power plants; to provide for appointment and duties of county arbitration registrars; to provide for notices to parties; to provide for appointment and duties of arbitrators.
Referred to Committee on Special Judiciary.
SB 428. By Senators Starr of the 44th, Cheeks of the 23rd and Perdue of the 18th:
A bill to change provisions of the Official Code of Georgia Annotated, relating to the authority of political subdivisions of the state to enter into multiyear con tracts; to amend Code Section 20-2-506 of the Official Code of Georgia Annotat ed, relating to multiyear contracting powers of school systems, so as to provide that such contracting powers shall not apply with respect to real property.
Referred to Committee on Finance and Public Utilities.
SB 429. By Senator Harbison of the 15th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the regulation of certificated professional personnel by the Profes sional Standards Commission, so as to provide an exemption from certain writ ten testing.
Referred to Committee on Education.
SB 430. By Senators Johnson of the 2nd and Johnson of the 1st:
A bill to amend an Act creating a new charter for the Town of Thunderbolt, as amended, so as to change the provisions relating to the powers of the mayor and town council; to create the position of town clerk and the position of town admin istrator and provide for their appointment, powers, duties, compensation, and removal; to change the provisions relating to the municipal court, the judge thereof.
Referred to Committee on State and Local Governmental Operations.

920

JOURNAL OF THE SENATE

SB 431. By Senators Gochenour of the 27th, McGuire of the 30th and Glanton of the 34th:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to revise substantially the laws relating to correctional industries; to change the provisions relating to employment of inmates in the local community; to change the provisions relating to the hiring out of inmates and the sale of products produced by inmates; to define certain terms; to change the provisions relating to the Correctional Industries Administration.
Referred to Committee on Corrections, Correctional Institutions, & Property.
SB 432. By Senator Harbison of the 15th:
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 certain conditions for any scholarship provided out of such proceeds.
Referred to Committee on Appropriations.
SB 433. By Senator Henson of the 55th:
A bill to create the DeKalb Memorial Stadium Authority; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the authority; to provide for the membership of the authority; to provide for appointment, terms, vacancies, qualifications, compen sation, and expenses of members of the authority; to provide for the organiza tion and meetings of the authority; to provide for an executive director and other personnel of the authority.
Referred to Committee on State and Local Governmental Operations.
SB 434. By Senator Boshears of the 6th:
A bill to amend Article 3 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in state courts of counties, so as to provide for deferred partial payment of judgments in state courts.
Referred to Committee on Special Judiciary.
SB 435. By Senator Abernathy of the 38th:
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 juvenile detention services' being transferred to the department may elect to become members of the Employees' Retirement System of Georgia or remain in a local retirement system.
Referred to Committee on Retirement.
SB 436. By Senator Abernathy of the 38th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to require medical insurance coverage for the general public riding aboard Authority vehicles.
Referred to Committee on State and Local Governmental Operations - General.

TUESDAY, FEBRUARY 28, 1995

921

SB 437. By Senator Griffin of the 25th:
A bill creating the board of commissioners of Greene County, as amended, so as to provide for the reimbursement of expenses incurred by the chairman; to pro vide for compensation of and reimbursement of expenses incurred by the mem bers of the board.
Referred to Committee on State and Local Governmental Operations.
SB 438. By Senators Dean of the 31st, Bowen of the 13th, Gillis of the 20th and Marable of the 52nd:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige motor vehicle license plates and special plates for certain persons and vehicles, so as to provide for special motorcycle plates for handicapped persons; to provide for special antique plates for motorcycles.
Referred to Committee on Public Safety.
SB 439. By Senator Dean of the 31st:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide for creditable service for out-of-state government service; to provide for employee contributions; to provide for such creditable service for members of such retire ment system who first became members on or after July 1, 1982; to provide for other matters related to the foregoing; to provide conditions for an effective date and automatic repeal.
Referred to Committee on Retirement.
SB 440. By Senator Henson of the 55th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that consumers may request and shall be entitled to an estimate of the cost of certain motor vehicle repairs; to provide for applicability; to provide for definitions; to provide for disclosure statements; to provide for a written estimate of repairs; to provide for notice of charges in excess of estimate; to prohibit certain acts.
Referred to Committee on Consumer Affairs.
SB 441. By Senators Blitch of the 7th and Boshears of the 6th:
A bill to amend Code Section 34-9-205 of the Official Code of Georgia Annotated, relating to collection of physician's fees, hospital, and other charges for treat ment of injuries covered by workers' compensation insurance, so as to preclude civil liability of a medical services provider for erroneously billing an employee if the provider was without notice that the employee's injury was covered by work ers' compensation insurance.
Referred to Committee on Insurance and Labor.
SB 442. By Senators Kemp of the 3rd, Boshears of the 6th and Blitch of the 7th:
A bill to amend Chapter 1 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to waters of the state, ports, and watercraft, so as to provide that permits for certain structures on the waters of the state shall be extended; to provide for the revocation of such permits under cer tain circumstances.
Referred to Committee on Natural Resources.

922

JOURNAL OF THE SENATE

SB 443. By Senator Boshears of the 6th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide that judges may impose increased fines on nonresident offenders in lieu of communi ty service.
Referred to Committee on Special Judiciary.
SB 444. By Senator Balfour of the 9th:
A bill to amend Article 3 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to particular matters of proof, so as to provide for the admissibility of videotapes made by law enforcement officers as evidence.
Referred to Committee on Special Judiciary.
SB 445. By Senator Cagle of the 49th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Annotated relating to disposition of lottery proceeds, so as to provide for appropriation of lottery proceeds to local school systems by general grant not restricted to specific programs or purposes.
Referred to Committee on Appropriations.
SB 446. By Senator Boshears of the 6th:
A bill to amend Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to fraud in obtaining and wrongful receipt of public assistance and ben efits, so as to change provisions relating to definitions of criminal offenses and penalties; to specifically provide that it shall be a criminal offense for any person to accept assistance and benefits with the knowledge that he or she is not eligi ble for such assistance or benefits.
Referred to Committee on Health and Human Services.
SB 447. By Senator Thompson of the 33rd:
A bill to amend Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to budgets and audits, so as to provide for statutory construction.
Referred to Committee on State and Local Governmental Operations - General.
SB 448. By Senator Thompson of the 33rd:
A bill to amend Chapter 32 of Title 33 of the Official Code of Georgia Annotated, relating to property insurance, so as to provide that a policy of insurance may be made to cover personal property changing in its specifics.
Referred to Committee on Insurance and Labor.
SB 449. By Senator Thompson of the 33rd:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment of the Georgia Senate and qualifications of its mem bers, so as to change the composition of one or more Senate districts; to provide for related matters; to provide for an effective date and applicability.
Referred to Committee on Reapportionment.

TUESDAY, FEBRUARY 28, 1995

923

SB 450. By Senator Thompson of the 33rd:
A bill to amend an Act reincorporating the City of Marietta, as amended, so as to deannex a certain area of the city.
Referred to Committee on State and Local Governmental Operations.
SB 451. By Senator Farrow of the 54th:
A bill to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to provide that during a certain period of time no state Agency shall adopt any rule.
Referred to Committee on Judiciary.
SB 452. By Senator Thomas of the 10th: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the Georgia Board of Athletic Train ers and Massage Therapists; to provide for definitions; to provide for members, officers, qualifications, duties, powers, authority, appointments, terms of office, oaths, and vacancies; to provide for meetings; to provide for quorums; to provide for records; to provide for rules and regulations; to provide for examinations.
Referred to Committee on State and Local Governmental Operations - General.
SR 261. By Senator Griffin of the 25th: A resolution creating the Senate Health Care for Inmates Study Committee.
Referred to Committee on Rules.
SR 264. By Senator Scott of the 36th: A resolution amending the Rules of the Senate.
Referred to Committee on Rules.
SR 265. By Senators James of the 35th and Scott of the 36th: A resolution creating the Senate Study Committee on Solid Waste Reduction.
Referred to Committee on Rules.
SR 266. By Senators Johnson of the 1st, Kemp of the 3rd, Hill of the 4th and others:
A resolution urging the United States Secretary of Defense and the Secretary of the Army not to change the designation of the 24th Infantry Division (Mecha nized) at Fort Stewart.
Referred to Committee on Defense and Veterans Affairs.
SR 268. By Senators Bowen of the 13th, Oliver of the 42nd, Edge of the 28th and others: A resolution creating the Senate Study Committee on the Efficient Use of State Buildings and Vehicles.
Referred to Committee on Rules.

924

JOURNAL OF THE SENATE

SR 269. By Senators Marable of the 52nd and Dean of the 31st:
A resolution authorizing the conveyance of certain state owned real properties located in Bartow County, Georgia.
Referred to Committee on Finance and Public Utilities.
SR 270. By Senators Madden of the 47th, Hooks of the 14th, Ray of the 19th and others:
A resolution recognizing Honorable Charles W. Yeargin and urging the State Board of Technical and Adult Education to designate the "Charles W. Yeargin Building".
Referred to Committee on Rules.
SR 272. By Senators Johnson of the 1st, Perdue of the 18th, Edge of the 28th and others:
A resolution to ratify a proposed amendment to the Constitution of the United States of America relative to requiring a balanced budget.
Referred to Committee on Appropriations.
SR 273. By Senator Henson of the 55th:
A resolution creating the Senate Study Committee on Automotive Repair Facili ties.
Referred to Committee on Rules.
SR 274. By Senator McGuire of the 30th:
A resolution creating the Joint Study Committee on Pilot Projects in the Douglas Judicial Circuit.
Referred to Committee on Rules.
The following bills and resolution of the House were read the first time and referred to committees:
HB 76. By Representative Wall of the 82nd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to make it unlawful to furnish or disseminate through a computer network certain information relating to the sale or procurement of drugs or instructions to manufacture drugs.
Referred to Committee on Judiciary.
HB 229. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend Code Section 42-9-44 of the Official Code of Georgia Annotated, relating to specification of terms and conditions of parole, so as to provide that certain parolees shall be required to obtain a general educational development (GED) equivalency diploma or other education as a condition of their parole.
Referred to Committee on Corrections, Correctional Institutions and Property.

TUESDAY, FEBRUARY 28, 1995

925

HB 233. By Representatives Coleman of the 142nd and Smyre of the 136th:
A bill to amend Code Section 28-5-5 of the Official Code of Georgia Annotated, relating to the Budgetary Responsibility Oversight Committee of the General Assembly, relating to the number of members of the committee; to change provi sions relating to the time of appointment of members of the committee.
Referred to Committee on Appropriations.
HB 240. By Representatives Buckner of the 95th, Lee of the 94th, Ashe of the 46th and others:
A bill to amend Article 2 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to definitions and applications of terms under the "Employ ment Security Law," so as to change provisions relating to temporary help con tracting firms and their employees; to provide that a temporary help contracting firm employee who does not report for reassignment after completion of an as signment shall be deemed to have left employment voluntarily without good cause.
Referred to Committee on Judiciary.
HB 271. By Representative Orrock of the 56th:
A bill to amend Chapter 12 of Title 34 of the Official Code of Georgia Annotated, known as the "Amusement Ride Safety Act," so as to define the term "certificate fee"; to change the provisions relating to waiver of ride inspection requirement; to change the provisions relating to the issuance of permits.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 338. By Representative Barnes of the 33rd:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, so as to change the provisions relating to witness fees and mileage.
Referred to Committee on Special Judiciary.
HB 344. By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotat ed, relating to real estate appraisers, so as to change the provisions relating to fees for examination, activation, and renewal of appraiser classifications; to change the provisions relating to required conduct of applicants and grounds for refusal of appraiser classification.
Referred to Committee on Science, Technology and Industry.
HB 374. By Representatives Ashe of the 46th, Scoggins of the 24th, McBee of the 88th and others:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to amend Code Section 3-1-2, relating to definitions, so as to add the definition of the term "brewpub"; to amend Code Section 3-5-20, relating to the levy and amount of state occupational tax on malt beverages, so as to provide for an occupational license tax for brewpub owners.
Referred to Committee on Consumer Affairs.

926

JOURNAL OF THE SENATE

HB 808. By Representatives Bunn of the 74th and O'Neal of the 75th: A bill to create the Board of Elections and Registration of Rockdale County.
Referred to Committee on State and Local Governmental Operations.
HB 809. By Representatives Bunn of the 74th and O'Neal of the 75th: A bill to amend an Act creating the Magistrate Court of Rockdale County, so as to provide that county law library fees shall be charged and collected in actions and cases in the magistrate court.
Referred to Committee on State and Local Governmental Operations.
HB 811. By Representatives Skipper of the 137th and James of the 140th: A bill to create and establish the Taylor County Building Authority, a body cor porate and politic and an instrumentality of the State of Georgia.
Referred to Committee on State and Local Governmental Operations.
HB 812. By Representative Smith of the 19th: A bill to amend an Act entitled "An Act to provide a new charter for the Town of Clermont," so as to change certain requirements for holding certain offices.
Referred to Committee on State and Local Governmental Operations.
HB 814. By Representatives Skipper of the 137th and James of the 140th: A bill to create the Taylor County Water and Sewerage Authority.
Referred to Committee on State and Local Governmental Operations.
HB 817. By Representative Holland of the 157th: A bill to amend an Act entitled "An Act to incorporate the town of Sumner," so as to provide for incorporation, boundaries, and powers of the town.
Referred to Committee on State and Local Governmental Operations.
HB 819. By Representatives Polak of the 67th, Henson of the 65th, Jones of the 71st and others: A bill to amend an Act creating the City of Avondale Estates, so as to change certain provisions relating to the election of the Board of Mayor and Commis sioners of Avondale Estates; to provide for the election of commissioners and the mayor.
Referred to Committee on State and Local Governmental Operations.
HR 368. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A resolution designating the Pete Hackney Parking Facility.
Referred to Committee on Rules.

TUESDAY, FEBRUARY 28, 1995

927

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

Mr. President:
The Committee on Consumer 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 283. Do pass.

HB 517. Do pass.

HB 477. Do pass.

Respectfully submitted, Senator Henson of the 55th District, Chairman

Mr. President: The Committee on Consumer Affairs has had under consideration the following bill of
the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 361. Do pass by substitute.
Respectfully submitted, Senator Henson of the 55th District, Chairman

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 346. Do pass.

SB 347. Do pass by substitute.

SB 411. Do pass.

SB 247. Do pass.

Respectfully submitted, Senator Harbison of the 15th District, Chairman

Mr. President:
The Committee on Finance and Public Utilities has had under consideration the fol lowing bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 248. Do pass.

HB 622. Do pass.

SR 257. Do pass.

HR 290. Do pass.

HB 108. Do pass by substitute.

HR 232. Do pass.

HB 621 Do pass.

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

928

JOURNAL OF THE SENATE

The following communication was received by the Secretary:
The State Senate Atlanta, Georgia 30334

MEMORANDUM

TO:

FRANK ELDRIDGE

FROM: MARY MARGARET OLIVER, DISTRICT 42

SUBJECT: SENATE JUDICIARY COMMITTEE

This is to authorize Senator Jake Pollard to Chair the meeting of the Senate Judiciary Committee to be held at 3:00 p.m. on February 28, 1995, during my absence.

Mr. President:

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

SB 74. Do pass by substitute.

SB 306. Do pass.

SB 77. Do pass by substitute.

HB 176. Do pass.

SB 292. Do pass by substitute.

HB 178. Do pass.

Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President:
The Committee on Natural Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 385. Do pass.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President: The Committee on Natural Resources has had under consideration the following bill of
the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 375. Do pass by substitute.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

TUESDAY, FEBRUARY 28, 1995

929

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 69. Do pass as amended.
Respectfully submitted, Senator Scott of the 36th District, Chairman

Mr. President:
The Committee on State and Local Governmental Operations has had under consider ation 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 343. Do pass.

HB 473. Do pass.

SB 370. Do pass.

HB 553. Do pass.

HB 111. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President: The Committee on Transportation has had under consideration the following bill of
the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 39. Do pass by substitute.
Respectfully submitted, Senator Thompson of the 33rd District, Chairman

The following bills and resolutions were read the second time:

SB 282 SR 53 SR 244 HB 462 HB 640

SB 302 SR 57 HB 107 HB 466 HB 684

SB 313 SR 68 HB 175 HB 567

SB 315 SR 121 HB 297 HB 576

SB 359 SR 226 HB 349 HB 593

SB 367 SR 228 HB 399 HB 627

Senator Hill of the 4th moved that Senator Kemp of the 3rd be excused from the Senate today, due to illness.
On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Kemp of the 3rd was excused from the Senate today.
The President assumed the Chair.

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

Balfour Black Blitch Boshears Bowen Broun of 46th

Brown of 26th Burton Cagle Cheeks Clay Crotts

Day Dean Egan Farrow Gillis Glanton

930

JOURNAL OF THE SENATE

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st

Land Langford Madden Marable McGuire Middleton Newbill Pollard Ragan Ralston Ray

Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy Edge

Kemp (excused) Oliver

Perdue

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Cheeks of the 23rd introduced the chaplain of the day, Dr. Tim Owing, pastor of First Baptist Church, Augusta, Georgia, who offered scripture reading and prayer.
Senator James of the 35th introduced former Senator Leroy Johnson, commended by SR 246, adopted previously.
Former Senator Johnson addressed the Senate briefly.
Senator Ray of the 19th, President Pro Tempore, resumed the Chair.

The following resolutions were read and adopted:

SR 267. By Senators Broun of the 46th and Perdue of the 18th:
A resolution commending the designation of the Henry Massey Pavilion at the Poultry Research Center by the University of Georgia.

SR 271. By Senator Kemp of the 3rd: A resolution commending and recognizing James Cecil Nobles.

SR 275. By Senators Perdue of the 18th, Hill of the 4th and Marable of the 52nd:
A resolution recognizing the efforts of the Professional Association of Georgia Educators (PAGE) to attract able students to the teaching profession and de claring March 6,1995, as the Future Georgia Educators (FGE) and Student Pro fessional Association of Georgia Educators (SPAGE) Day at the state capitol.

HR 432. By Representatives Dixon of the 150th, Bordeaux of the 151st, Pelote of the 149th and others.
A resolution welcoming and commending Bishop John Kevin Boland; and for other purposes.

HR 433. By Representatives Dixon of the 150th, Bordeaux of the 151st, Pelote of the 149th and others.
A resolution commending the Most Reverend Raymond William Lessard, Bishop of Savannah and for other purposes.
Senator Dean of the 31st introduced Raymond Lester of Polk County, commended by SR 227, adopted previously.

TUESDAY, FEBRUARY 28, 1995

931

SENATE RULES CALENDAR Tuesday, February 28, 1995 THIRTIETH LEGISLATIVE DAY
SB 251 Motor Vehicle Emission Testing--prohibit centralized testing (Amendment) (Nat R--48th)
SB 221 Conasauga Judicial Circuit Superior Court--provide fourth judgeship (Judy-- 54th)
SB 264 Cobb Judicial Circuit Superior Court--additional judge (Judy--37th)
SB 214 Education--grant program targeting at-risk students (Ed--35th)
SB 369 Motor Vehicle Accident Claims--certain solicitation by attorneys unlawful (S Judy--28th)
SB 215 Zoning Actions--no reconsideration of those defeated (Substitute) (S Judy-- 35th)
SB 341 Family Violence--change sentence for third simple battery conviction (Judy-- 37th)
SB 374 Agriculture Department--solicit funds for Farmers and Consumers Market Bulletin (Amendment) (Ag--47th)
SR 127 School Health Assurance Plan--create commission to prepare (Amendments) (H&HS--10th) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:
SB 251. By Senators Day of the 48th, Edge of the 28th and Cagle of the 49th:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to prohibit centralized emission testing in Georgia; to promote compe tition among emission inspection stations; to provide that neither the board, the Department of Natural Resources, nor the Environmental Protection Division shall have the authority to contract with any entity.
The Senate Committee on Natural Resources offered the following amendment: Amend SB 251 by striking lines 9 through 11 on page 1 and inserting in lieu thereof the following:
"Vehicle emissions inspection; to". By striking lines 16 through 36 on page 2 and inserting in lieu thereof the following:
"inoperable; and
\2t) ll<i li&b bpdlt <lt Icaal $450.00 lii tlte Icpan Hlliu ulanltcHlcLiiCc ui tlic icapuiiSiblc
LiOaiu uiagnif&tlC c^ui^uicuL, ui1 i'clatcu equipment iiOt Cuvcicu \jy wiii'i'itiilj' DiiiCc tl!6 iiijLi&l nifa^jGi>L101\ nl tllct CliiVciiL ni&^scutiOil Lcnii, pi'OViQcu, l"iOWctVfei", Lll^LL Lllci ip*loU.UU

932

JOURNAL OF THE SENATE

F&p3.ir W3TV6F cttlCitGriZSu. ill LlilS pfliii^l'flpll Slio.ll bti iil.Cl"GtSGu milUu.ly Dy tllti jpfil Cfeilt"
age, if any, by which the Consumer Price Index foi the most recent calendar yedi end-
lll^ DSIOrS til^ 0^fiililill^J OI SUC11 y6HT GXC&GQS tile UGHSUIH6r jrl'lCS 1iio.iX IO t1 tile
year 1989--FOJ umuuAc& of this paia^rduli tLc Cun&mii6i IVi^e LiJ
OI tile \_/GitSUiHGF Irl'iCS 1HQGX IO11 3.11 1111 03.11 COxlSUlllOl'S pUDliSll^tl Dy Lll
of Labor Statihlics of the United States Department uf Labor, as of the close of the 12
iliOilLll ptSl'iOQ (iiiQlli^J tllci 13.SL Cl&y Ot AU^USt OT ciflCll CdlSilufll1 yOHl', HJ.1Q tll6 I6V1S1OH OI
til6 vJoiisuiiisr i rics lnd6x wriicri is liiofcl consistsftt w^itli ttis CJonsuiiiGr i^i'ict; liidsx toin 1989 shall be used, and".
By striking on line 37 on page 2 the following:
"(3)",

and inserting in lieu thereof the following: "(9X2)".

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:

Balfour Black Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Gillis
Glanton

Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Bowen Farrow

Henson Kemp (excused)

Ray (presiding) Starr

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 President resumed the Chair.

TUESDAY, FEBRUARY 28, 1995

933

SB 221. By Senator Farrow of the 54th:

A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to provide for a fourth judge of the superior courts of the Conasauga Judicial Circuit of Georgia; to provide for the appointment, subsequent election, and terms of office of said judge; to require candidates for such judgeship to designate the judgeship for which they are offering.

Senator Black of the 53rd offered the following amendment:

Amend SB 221 by striking line 5 of page 1 and inserting "for an effective date to repeal certain conflicting laws and other purposes."
By striking line 4 through 7 of page 2 and inserting the following:
"number of judges of said circuit at a special election in 1995 at earliest date possible under Code Section 21-2-540 of the O.C.G.A. and in compliance with the Federal Voting Rights Act of 1965."

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 Black Blitch Boshears Burton Cagle Crotts

Day Edge Egan Glanton Gochenour Guhl

Isakson Johnson of 1st McGuire Newbill Tanksley Tysinger

Those voting in the negative were Senators:

Broun of 46th Brown of 26th Cheeks Clay Dean Farrow Gillis Griffin Harbison Henson Hooks

James Johnson of 2nd Land Langford Madden Marable Middleton Oliver Perdue Pollard Ragan

Ralston Ray Scott Slotin Starr Stokes Taylor Thompson Turner Walker

Those not voting were Senators:

Abernathy Bowen

Hill Kemp (excused)

Thomas

On the adoption of the amendment offered by Senator Black of the 53rd, the yeas were 19, nays 32, 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 Boshears Broun of 46th

Brown of 26th Burton Cagle

Cheeks Clay Crotts

934

JOURNAL OF THE SENATE

Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Hooks Isakson James

Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan

Those not voting were Senators:

Abernathy Black Blitch

Bowen Henson

Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker
Hill Kemp (excused)

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Hooks of the 14th introduced representatives of the Georgia Peach Festival, commended by SR 183, adopted previously.
The Calender was resumed.

SB 264. By Senators Clay of the 37th, Tanksley of the 32nd, Isakson of the 21st and Thompson of the 33rd:

A bill to provide for an additional judge of the superior court of the Cobb Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to provide for terms; to prescribe the pow ers of said judge; to prescribe the compensation and allowances of said judge; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit.

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

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

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hooks Isakson James Johnson of 2nd Johnson of 1st Land Langford Madden

Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Stokes Tanksley Taylor

TUESDAY, FEBRUARY 28, 1995

935

Thomas Thompson

Turner Tysinger

Those not voting were Senators:

Abernathy Black Blitch

Hill Kemp (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.

SB 214. By Senator James of the 35th:

A bill to amend Code Section 20-2-250 of the Official Code of Georgia Annotated, relating to education projects to improve efficiency, so as to provide for an addi tional grant program targeting at-risk students and the conditions and proce dures relating thereto; to provide for an annual review; to require that a certain percent of certain grant funds be used for direct program expenditures at specif ic schools.

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

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

Those voting in the affirmative were Senators:

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

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Black

Kemp (excused)

Taylor

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 369. By Senator Edge of the 28th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to provide that in a claim arising out of a motor vehicle accident, it shall be unlawful for an attorney to give anything of value to a nonattorney for a referral; to provide that a health care provider may not give anything of value for a referral.

936

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hooks Isakson James Johnson of 2nd Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Clay

Johnson of 1st

Hill

Kemp (excused)

Walker

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

SB 215. By Senator James of the 35th:
A bill to amend Code Section 36-66-4 of the Official Code of Georgia Annotated, relating to hearings on proposed zoning decisions, so as to provide that defeated zoning actions may not be reconsidered for at least 12 months.

The Senate Committee on Special Judiciary offered the following substitute to SB 215:
A BILL To be entitled an Act to amend Code Section 36-66-4 of the Official Code of Georgia Anno tated, relating to hearings on proposed zoning decisions, so as to provide for a local option with respect to the time required before a defeated zoning action may be reconsidered; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 36-66-4 of the Official Code of Georgia Annotated, relating to hearings on proposed zoning decisions, is amended by striking said Code section in its entirety and inserting in its place a new Code Section 36-66-4 to read as follows:
"36-66-4.
(a) A local government taking action resulting in a zoning decision shall provide for a hearing on the proposed action. At least 15 but not more than 45 days prior to the date of the hearing, the local government shall cause to be published within a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing. The notice shall state the time, place, and purpose of the hearing.

TUESDAY, FEBRUAEY 28, 1995

937

(b) If a zoning decision of a local government is for the rezoning of property and the rezoning is initiated by a party other than the local government then:
(1) The notice, in addition to the requirements of subsection (a) of this Code section, shall include the location of the property, the present zoning classification of the prop erty, and the proposed zoning classification of the property; and
(2) A sign containing information required by local ordinance or resolution shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the hearing.
(c) If the zoning decision of a local government is for the rezoning of property and the amendment to the zoning ordinance to accomplish the rezoning is defeated by the local government, then the same property may not again be considered for rezoning until the expiration of at least six months immediately following the defeat of the rezoning by the local government; provided, however, that any local government may, at its option, by ordinance provide~that the same property may not again be considered for rezoning at any time within 12 months of the date of the defeat of the rezoning by the local government."

SECTION 2.

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

Senators Isakson of the 21st and James of the 35th offered the following amendment:
Amend the Senate Committee on Special Judiciary substitute to SB 215 by deleting on line 24 page 1 the word "a" and inserting the word "any" and on line 25 page 1 delete the words "other than the local government then" and insert "then:"
On the adoption of the amendment, the yeas were 38, nays 0, and the Isakson and James amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire Middleton

Newbill Oliver Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Guhl.

938

JOURNAL OF THE SENATE

Not voting were Senators Kemp (excused) and Perdue.
On the passage of the bill, the yeas were 53, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute.
Senator James of the 35th moved that the following bill of the Senate be taken from the Table:

SB 216. By Senator James of the 35th:
A bill to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, so as to provide for a short title; to provide for legislative intent; to provide for prohibition against the pas sage of certain laws affecting political subdivisions; to provide for certain excep tions; to allow a showing of undue hardship.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Thompson Turner Tysinger Walker

Voting in the negative was Senator Thomas.

Those not voting were Senators:

Blitch Cheeks Day

Kemp(excused) Ray

Tanksley Taylor

On the motion, the yeas were 48, nays 1; the motion prevailed, and SB 216 was placed at the foot of the Calendar.

Senator Newbill of the 56th gave notice that pursuant to Senate Rule 121 she will move tomorrow that the Senate resolve itself into the Committee of the Whole Senate.

SB 341. By Senators Clay of the 37th, Land of the 16th and Edge of the 28th:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to change the sentence for the third conviction of simple battery involving family violence.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 28, 1995

939

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

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Bo wen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Black Blitch

Cheeks Kemp (excused)

Ray Scott

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

SB 374. By Senators Madden of the 47th, Middleton of the 50th, McGuire of the 30th and others:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to authorize the Commissioner of Agriculture to solicit and to expend state funds for the solicitation of volunta ry contributions to be used exclusively for the compilation, publication, printing, and distribution of the Farmers and Consumers Market Bulletin.

The Senate Committee on Agriculture offered the following amendment:
Amend SB 374 by adding on line 7 of page 1 after the word and symbol "Bulletin;" the following:
"to provide an effective date;". By renumbering Section 2 as Section 3. By adding between lines 24 and 25 of page 1 the following:
"SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.".
On the adoption of the Agriculture Committee amendment, the yeas were 29, nays 0, and the amendment was adopted.
Senator McGuire of the 30th offered the following amendment: Amend SB 374 by striking on Page 1, line 16 "solicit and to expend" and insert: "publicize, request and accept"; and strike page 1, line 17.

940

JOURNAL OF THE SENATE

On the adoption of the amendment, Senator Gillis of the 20th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Boshears Burton Cagle Cheeks Clay
Crotts Day

Edge Farrow Glanton Gochenour Guhl Isakson Johnson of 1st
Land

Langford McGuire Newbill Pollard Ralston Slotin Tanksley
Tysinger

Those voting in the negative were Senators:

Abernathy Blitch Bowen Broun of 46th Brown of 26th Dean Gillis Griffin Harbison

Henson Hooks James Johnson of 2nd Madden Marable Middleton Oliver Perdue

Ragan Ray Scott Starr Stokes Taylor Thomas Turner Walker

Those not voting were Senators:

Egan Hill

Kemp (excused)

Thompson

On the adoption of the amendment, the yeas were 25, nays 27, and the amendment was lost.
Senator Edge of the 28th moved that the Senate reconsider its action in defeating the amendment by Senator McGuire.
On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate recon sidered its action.
On the adoption of the amendment, the yeas were 40, nays 1, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill 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 Black Blitch
Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts

Day Dean Edge Egan
Farrow Gillis
Glanton Gochenour Griffin Guhl Harbison Henson Hill

Hooks Isakson Johnson of 2nd Johnson of 1st
Land Langford
Madden Marable McGuire Middleton Newbill Oliver Perdue

TUESDAY, FEBRUARY 28, 1995

941

Pollard Ragan Ralston Ray Scott

Slotin Starr Stokes Taylor

Those not voting were Senators:

James Kemp (excused)

Tanksley

Thomas Thompson Turner Tysinger
Walker

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

The following resolution, having been reconsidered previously, was continued upon its passage:

SR 127. By Senators Thomas of the 10th, Stokes of the 43rd and James of the 35th:
A resolution creating the Commission on School Health Assurance to prepare the Georgia School Health Assurance Plan; to appraise and protect the health and safety of students and provide services which improve student's chances for later success in life by enhancing their ability to be in a class alert, and ready to learn.

The following four amendments were adopted on February 15, 1995, and appear in the Journal of that date: Health and Human Services Committee amendment; amendment by Senator McGuire of the 30th, et al; amendment by Senator Newbill of the 56th, et al; and amendment by Senator Newbill of the 56th, et al.

Senator Thomas of the 10th offered the following amendment:

Amend SR 127 by striking out on page 1, lines 26, 27, 28 in their entirety and "health" on line 29.
On the adoption of the amendment, the yeas were 39, nays 1, and the amendment was adopted.

Senator Thomas of the 10th offered the following amendment:

Amend SR 127 by delete on Page 3, after line 33: Notwithstanding anything contained herein to the contrary, the Commission shall not:
1) Recommend any policies or include any curricula which would result in the promotion or teaching of any activities contrary to Georgia Law, including but not limited to sodomy or fornication.
2) Recommend any policy or curricula standard which shall include birth control, contra ceptives or family planning.

On the adoption of amendment by Senator Thomas of the 10th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Brown of 26th Dean Griffin Harbison

James Johnson of 2nd Langford Oliver Scott

Starr Stokes Thomas Tysinger Walker

Those voting in the negative were Senators:

Balfour Black

Blitch Boshears

Bowen Broun of 46th

942

JOURNAL OF THE SENATE

Burton Cagle Cheeks Clay
Crotts Day Edge Egan Farrow Gillis

Glanton Gochenour Guhl Hooks
Isakson Johnson of 1st Land Madden Marable McGuire

Middleton Newbill Perdue Pollard
Ragan Ralston Tanksley Taylor Thompson Turner

Those not voting were Senators:

Henson Hill

Kemp (excused) Ray

Slotin

On the adoption of the amendment, the yeas were 15, nays 36, and the Thomas amend ment was lost.
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:

Abernathy Bowen
Broun of 46th
Brown of 26th Cheeks Gillis Griffin Harbison

Henson Hill
Hooks
James Johnson of 2nd Langford Marable Oliver

Ragan Scott
Slotin
Stokes Taylor Thomas Turner Walker

Those voting in the negative were Senators:

Balfour Black Blitch Boshears Burton Cagle Clay
Crotts Day Dean

Edge Egan Farrow Glanton Gochenour Guhl Isakson
Johnson of 1st Land Madden

McGuire Middleton Newbill Perdue Pollard Ralston Starr
Tanksley Thompson Tysinger

Not voting were Senators Kemp (excused) and Ray.

On the adoption of the resolution, the yeas were 24, nays 30. The resolution, having failed to receive the requisite constitutional majority, was lost.

TUESDAY, FEBRUARY 28, 1995

943

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 509. By Representative Wall of the 82nd:
A bill to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing of criminal sentences and the suspension or probation of such sentences, so as to provide that a parolee or probationer charged with a new offense of aggravated assault shall not be entitled to bond pending a hear ing on the revocation of his or her parole or probation unless the judge of the superior court determines that the parolee or probationer does not constitute a threat to the community.
The following communication was received by the Secretary:
STATE OF GEORGIA
Office of the Governor Atlanta 30334-0900 February 22, 1995
Honorable Pierre Howard Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334
Dear Lieutenant Governor Howard and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation:
The Honorable Donald R. Roland of Sumter County, as a member of the State Board of Accountancy for the term of office beginning September 20, 1994 and ending June 30, 1998.
The Honorable Helen L. Strickland of Lanier County, as a member of the Georgia Agricul tural Exposition Authority for the term of office beginning March 9, 1994 and ending July 1, 1998.
The Honorable Robert Williams of Pierce County, as a member of the Agricultural Exposi tion Authority for the term of office beginning March 9, 1994 and ending June 30, 1997.
The Honorable E. Pope Bullock of DeKalb County, as a member of the State Board of Archi tects for the term of office beginning October 21, 1994 and ending March 5, 1999.
The Honorable Oscar L. Harris of Fulton County, as a member of the State Board of Archi tects for the term of office beginning March 25, 1994 and ending March 5, 1998.
The Honorable Donald E. Hill of Gwinnett County, as a member of the Asbestos Licensing Board for the term of office beginning November 9, 1994 and ending June 30, 1996.
The Honorable W. Richard Turpin of Gwinnett County, as a member of the Asbestos Li censing Board for the term of office beginning November 9,1994 and ending June 30,1998.
The Honorable Barbara Neil Whiteside of Gwinnett County, as a member of the Asbestos Licensing Board for the term of office beginning November 9, 1994 and ending June 30, 1998.

944

JOURNAL OF THE SENATE

The Honorable Letha Yurko Griffin of Fulton County, as a member of the Georgia Board of Athletic Trainers for the term of office beginning October 4, 1994 and ending January 31, 2000.
The following named persons as members of the Georgia Auctioneers Commission for the term of office beginning November 7, 1994 and ending August 14, 1999: J. Terry Hansford of Ware County; and Constance M. Jones of Bulloch County.
The following named persons as members of the State Board of Barbers for the term of office beginning August 29, 1994 and ending July 25, 1997: Virgil D. Ergle of Gwinnett County; and Samuel David Jones of Houston County.
The Honorable Steve Ronnie Adams of Carroll County, as a member of the Board of Chil dren and Youth Services for the term of office beginning September 16, 1994 and ending July 6, 1996.
The following named persons as members of the Board of Children and Youth Services for the term of office beginning January 24, 1995 and ending July 6, 1999: Honorable Emma Gresham of Burke County; Theresa Jeanne Nelson of Bartow County; and Carolyn Vason of DeKalb County.
The Honorable Betty S. Orange of Seminole County, as a member of the Board of Children and Youth Services for the term of office beginning January 24, 1995 and ending July 6, 1998.
The Honorable John Eddie Wiggins of Crisp County, as a member of the Board of Children and Youth Services for the term of office beginning September 16, 1994 and ending July 6, 1997.
The Honorable Mark Cotney of Upson County, as a member of the Georgia Board of Chiro practic Examiners for the term of office beginning September 15, 1994 and ending August 20, 1997.
The Honorable C. Curtis Colwell of Union County, as a member of the Board of Corrections for the term of office beginning August 1, 1994 and ending July 1, 1996.
The Honorable J. M. Plemons of Catoosa County, as a member of the Board of Corrections for the term of office beginning August 1, 1994 and ending July 1, 1999.
The Honorable Debra Adams-Harden of DeKalb County, as a member of the State Board of Cosmetology for the term of office beginning November 9, 1994 and ending May 1, 1997.
The following named persons as members of the State Board of Cosmetology for the term of office beginning July 1, 1994 and ending July 1, 1997: Charles W. McDougald of Taylor County; and Linda S. Miller of Marion County.
The Honorable Alison Tara O'Neil of Fulton County, as a member of the State Board of Cosmetology for the term of office beginning October 5, 1994 and ending May 1, 1996.
The following named persons as members of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists for the term of office beginning February 27, 1995 and ending December 31, 1997: Julia H. Crawford of Cobb County; Bobby E. Glover of Houston County; Dr. Julius Hornstein of Chatham County; Dr. Joseph Scalise of Oconee County; and Dr. Russell R. Terwilliger of Cobb County.
The following named persons as members of the Georgia Board of Examiners of Licensed Dietitians for the term of office beginning April 1, 1994 and ending June 30, 1997: Robert R. Johnson of Coffee County; and Dr. Jana R. Kicklighter of DeKalb County.
The following named persons as members of the Georgia Board of Examiners of Licensed Dietitians for the term of office beginning October 7, 1994 and ending June 30, 1997: Con nie H. Leverett of Washington County; and Sudha Reddy of Gwinnett County.
The Honorable Palmira Braswell of Bibb County as a member of the State Board of Educa tion for the term of office beginning January 11, 1995 and ending January 1, 2002.
The Honorable A. Joe McGlamery of Bulloch County as a member of the State Board of Education for the term of office beginning January 1, 1995 and ending January 1, 2002.

TUESDAY, FEBRUARY 28, 1995

945

The Honorable Grover Charles Lewis of Rockdale County as a member of the State Board of Registration for Professional Engineers and Land Surveyors for the term of office begin ning November 1, 1994 and ending June 1, 1999.
The Honorable Charlie Bonner Jones, Sr. of Bibb County as a member of the State Board of Registration for Foresters for the term of office beginning October 27, 1994 and ending March 19, 1999.
The Honorable Steve Eunice of Ware County as a member of the State Forestry Commis sion for the term of office beginning January 24, 1995 and ending January 1, 2001.
The following named persons as members of the Health Strategies Council for the term of office beginning May 20,1994 and ending July 1,1997: Joan Anderson of Cherokee County; Dr. Henry L. Cook, Sr. of Muscogee County; Honorable Gwen O'Looney of Clarke County; David R. Tatum of Fulton County; Dr. Francis Tedesco of Richmond County; John H. Thurman of Peach County; Bill G. Waters of Floyd County; and Dr. Lewis Williams of Stephens County.
The following named persons as members of the Health Strategies Council for the term of office beginning August 26,1994 and ending July 1,1995: Dr. R. Carter Davis, Jr. of Fulton County; and William T. Deyo, Jr. of Fulton County.
The following named persons as members of the Health Strategies Council for the term of office beginning October 31, 1994 and ending July 1, 1997: Troy A. Athon of Rockdale County; Iris Z. Fienberg of Fulton County; and Dr. Robert P. Tucker, III of Fulton County.
The following named persons as members of the Board of Human Resources for the term of office beginning August 16, 1994 and ending April 6, 2000: Ouida Kelley of Glynn County; and Dr. Sheila A. Robinson of Fulton County.
Honorable Romeo M. Adams of Franklin County, as a member of the Board of Human Resources for a term of office beginning October 19, 1994 and ending April 6, 2000.
Honorable John H. Reed, Jr. of Hall County, as a member of the Board of Human Re sources for a term of office beginning August 16, 1994 and ending April 6, 1995.
Honorable Frank Amerson of Bibb County, as a member of the Board of Industry, Trade and Tourism for a term of office beginning August 12, 1994 and ending July 1, 1999.
Honorable Thomas C. Dowden of Fulton County, as a member of the Board of Industry, Trade and Tourism for a term of office beginning September 29, 1994 and ending July 1, 1999.
Honorable Robert L. Head, Jr. of Union County, as a member of the Board of Industry, Trade and Tourism for a term of office beginning April 19, 1994 and ending July 1, 1996.
Honorable Ingrid Saunders Jones of Fulton County, as a member of the Board of Industry, Trade and Tourism for a term of office beginning April 19, 1994 and ending July 1, 1997.
The Honorable Ronald E. Elliott of Clarke County, as a member of the Joint Board of Fam ily Practice for the term of office beginning January 13, 1995 and ending July 1, 2000.
The Honorable Ernest Joseph Jones of Fulton County, as a member of the Joint Board of Family Practice for the term of office beginning January 14,1995 and ending July 1, 2000.
The Honorable Yvonne P. McAllister of Bibb County, as a member of the Joint Board of Family Practice for the term of office beginning March 25, 1994 and ending July 1, 1998.
The Honorable Andrew Paul Morley, Jr. of DeKalb County, as a member of the Joint Board of Family Practice for the term of office beginning March 25, 1994 and ending July 1, 1996.
The Honorable David Rearick of Fulton County as a member of the Joint Board of Family Practice for the term of office beginning January 13, 1995 and ending July 1, 1999.
The Honorable Bennie Butler Newroth of Muscogee County as a member of the State Board for the Certification of Librarians for the term of office beginning February 14, 1995 and ending December 31, 1999.

946

JOURNAL OF THE SENATE

The following named persons as members of the Board of Directors of the Georgia Lottery Corporation for the term of office beginning January 14, 1995 and ending December 15, 1999: Wyckliffe A. Knox Jr. of Richmond County; Cecil M. Phillips of Fulton County; and Arnold Tenenbaum of Chatham County.
The following named persons as members of the Georgia Magistrate Courts Training Coun cil for the term of office beginning August 26, 1994 and ending August 7, 1996: Burl Davis of Bibb County; and LaVerne C. Ogletree of Morgan County.
The following named persons as members of the Council on Maternal and Infant Health for the term of office beginning May 17, 1994 and ending July 18,1996: Dr. Lynne Feldman of Lowndes County; Dr. T. Schley Gatewood, Jr. of Sumter County; Deborah Elaine Sibley of Richmond County; and Dr. Richard A. Wherry of Lumpkin County. The Honorable Carol Fullerton of Dougherty County as a member of the Board of Medical Assistance for the term of office beginning February 8, 1995 and ending June 20, 1998.
The Honorable Lamond Godwin of Fulton County, as a member of the Board of Medical Assistance for the term of office beginning February 8, 1995 and ending June 30, 1995.
The following named persons as members of the Composite State Board of Medical Exam iners for the term of office beginning April 6,1994 and ending September 1,1997: Dr. Hoyt C. Dees of Fulton County; and Dr. Billie Luke Jackson of Bibb County.
The following named persons as members of the Composite State Board of Medical Exam iners for the term of office beginning October 5, 1994 and ending September 1, 1998: Dr. Runette Flowers of DeKalb County; Dr. F. James Funk, Jr. of Fulton County; Dr. Sheila Smith of Gwinnett County; and Dr. Irving T. Staley of Cobb County.
The following named persons as members of the Georgia Music Hall of Fame Authority for the term of office beginning January 1, 1995 and ending January 1,1999: Bobbie Bailey of DeKalb County; and Babs Richardson of DeKalb County.
The Honorable Benjamin G. Porter of Bibb County, as a member of the Board of Natural Resources for the term of office beginning November 1, 1994 and ending March 16, 2001.
The following named persons as members of the Board of Natural Resources for the term of office beginning January 12, 1995 and ending January 1, 2002: Donald J. Carter of Hall County; and Sara S. Clark of Fulton County.
The following named persons as members of the Nonpublic Postsecondary Education Com mission for the term of office beginning October 18, 1994 and ending July 1, 1997: Dr. Joseph Bascuas of Fulton County; Betty E. Lumpkin of Randolph County; and Ronald J. Tomajko of DeKalb County.
The Honorable Kaye C. Dowell of Chatham County, as a member of the Nonpublic Postsecondary Education Commission for the term of office beginning October 18, 1994 and ending July 1, 1996.
The Honorable Sylvia L. Bond of Bibb County, as a member of the Georgia Board of Nurs ing for the term of office beginning September 28, 1994 and ending September 23, 1996.
The Honorable James A. Dodds, Jr. of Fulton County, as a member of the Georgia Board of Nursing for the term of office beginning December 7,1994 and ending September 23,1995.
The Honorable Helen M. Taggart of Chatham County, as a member of the Georgia Board of Nursing for the term of office beginning December 7,1994 and ending September 23,1997.
The Honorable Rachel B. Athon of Rockdale County, as a member of the State Board of Nursing Home Administrators for the term of office beginning December 1, 1994 and end ing June 4, 1996.
The Honorable Clay Crosson of Whitfield County, as a member of the State Board of Nurs ing Home Administrators for the term of office beginning December 1, 1994 and ending December 29, 1997.

TUESDAY, FEBRUARY 28, 1995

947

The Honorable William Dodd of Bibb County, as a member of the State Board of Nursing Home Administrators for the term of office beginning August 24, 1994 and ending December 29, 1997.
The Honorable Wilhelmina Hall of Dougherty County, as a member of the State Board of Nursing Home Administrators for the term of office beginning August 24, 1994 and ending October 26, 1995.
The Honorable Teresa Jackson of Chatham County, as a member of the State Board of Nursing Home Administrators for the term of office beginning December 1, 1994 and end ing June 4, 1995.
The following named persons as members of the State Board of Nursing Home Administra tors for the term of office beginning February 20, 1995 and ending December 29, 1997: Frank E. Miller of Crisp County; and Dr. Barbara Payne-Stancil of Oconee County.
The Honorable Henry Neill of Spalding County, as a member of the State Board of Nursing Home Administrators for the term of office beginning February 20, 1995 and ending October 26, 1995.
The Honorable Mary Louise Austin of Fulton County, as a member of the State Board of Occupational Therapy for the term of office beginning March 18,1994 and ending June 30, 1996.
The following named persons as members of the State Board of Occupational Therapy for the term of office beginning March 18, 1994 and ending December 31, 1997: Saburi Imara of Fulton County; and Rebecca N. Silver of Clarke County.
The Honorable Glenn M. Morris of Richmond County as a member of the State Board of Dispensing Opticians for the term of office beginning August 31, 1994 and ending March 16, 1998.
The Honorable J. C. Riley of Lowndes County as a member of the State Board of Dispens ing Opticians for the term of office beginning October 4, 1994 and ending May 1, 1998.
The Honorable R. Whitman Lord of Bulloch County as a member of the State Board of Examiners In Optometry for the term of office beginning October 19, 1994 and ending September 6, 1997.
The Honorable Allan V. Wexler of Chatham County as a member of the State Board of Examiners in Optometry for the term of office beginning February 10, 1995 and ending September 6, 1997.
The Honorable William Douglas Young of Bibb County, as a member of the State Board of Examiners in Optometry for the term of office beginning July 10, 1994 and ending July 1, 1997.
The Honorable Garfield Hammonds, Jr. of Fulton County as a member of the State Board of Pardons and Paroles for the term of office beginning January 10, 1995 and ending December 31, 2001.
The Honorable Geri P. Thomas of Fulton County as a member of the State Personnel Board for the term of office beginning October 5, 1994 and ending January 3, 1999.
The Honorable Pamela A. Catlin of Gwinnett County as a member of the State Board of Physical Therapy for the term of office beginning October 11, 1994 and ending August 30, 1997.
The Honorable Bella May of Richmond County, as a member of the State Board of Physical Therapy for the term of office beginning September 20, 1994 and ending August 30, 1996.
The Honorable Jerome F. Peoppelman of DeKalb County, as a member of the State Board of Podiatry Examiners for the term of office beginning July 15, 1994 and ending May 5, 1997.
The Honorable Shirley A. Williams of Fulton County, as a member of the State Board of Podiatry Examiners for the term of office beginning July 15,1994 and ending July 1,1997.

948

JOURNAL OF THE SENATE

The Honorable Milton E. Nix of DeKalb County, as a member of the Georgia Board of Pri vate Detective and Security Agencies for the term of office beginning October 12, 1994 and ending July 1, 1997.
The Honorable Willie Talton of Houston County, as a member of the Georgia Board of Private Detective and Security Agencies for the term of office beginning June 13, 1994 and ending July 1, 1997.
The Honorable Robert E. Keller of Clayton County, as a member of the Board of Public Safety for the term of office beginning March 2, 1994 and ending January 20, 1997.
The Honorable Hubert Laddel Smith of Floyd County, as a member of the Board of Public Safety for the term of office beginning February 1, 1995 and ending January 20, 1998.
The Honorable Alta P. Bruce of Pierce County, as a member of the Georgia Real Estate Commission for the term of office beginning March 9, 1994 and ending January 26, 1999.
The Honorable Katie Smith Poole of Washington County, as a member of the Georgia Real Estate Commission for the term of office beginning March 9, 1994 and ending October 26, 1998.
The Honorable Bob Sorrells of Clayton County, as a member of the Georgia Real Estate Appraisers Board for the term of office beginning November 14, 1994 and ending July 1, 1999.
The Honorable Leslee Graham-Pool of Fulton County, as a member of the State Board of Examiners for Speech-Language Pathology and Audiology for the term of office beginning July 7, 1994 and ending July 1, 1997.
The following named persons as members of the Georgia Sports Hall of Fame Authority for the term of office beginning August 12, 1994 and ending July 1, 2000: Jeff C. Battcher of Bibb County; James R. Forrester of Barrow County; Mark Hudgens of Gwinnett County; Dee Matthews of Doughterty County; Donald H. Richardson of Bibb County; and James L. Rollins of Clayton County.
The Honorable Harley Bowers of Bibb County, as a member of the Georgia Sports Hall of Fame Authority for the term of office beginning August 12, 1994 and ending November 29, 1996.
The Honorable Johnny Griffith of Gwinnett County, as a member of the Georgia Sports Hall of Fame Authority for the term of office beginning August 12, 1994 and ending November 29, 1999.
The following named persons as members of the Georgia Student Finance Commission for the term of office beginning May 25, 1994 and ending March 15, 1999: Jeanne Cahill of Fulton County; and Richard H. Maddux of Greene County.
The Honorable Barbara M. Dooley of Clarke County, as member of the Georgia Student Finance Commission for the term of office beginning August 18,1994 and ending March 15, 1998.
The following named persons as members of the Georgia Student Finance Commission for the term of office beginning May 25, 1994 and ending March 15, 2000: Jones Hooks of Dougherty County; and Scarlett Lanier of DeKalb County.
The Honorable C. Mark Miller of Pickens County, as a member of the Georgia Student Finance Commission for the term of office beginning February 16, 1995 and ending March 15, 1998.
The Honorable Jean M. Hartin of Muscogee County, as a member of the State Board of Technical and Adult Education for the term of office beginning October 14,1994 and ending June 30, 1998.
The Honorable Barbara M. Driscoll of Fulton County, as a member of the State Children's Trust Fund Commission, for the term of office beginning January 18,1995 and ending June 30, 1998.

TUESDAY, FEBRUARY 28, 1995

949

The following named persons as members of the State Children's Trust Fund Commission for the term of office beginning January 18, 1995 and ending June 30, 1996: Jeff L. Townsend of Gordon County; and Dr. Roger Alan Williams of Bibb County.
The following named persons as members of the Board of Regents of the University System of Georgia for the term of office beginning January 10, 1995 and ending January 1, 2002: J. Tom Coleman, Jr. of Chatham County; and Charles H. Jones of Bibb County.
The Honorable Barbara Jean Aaron of Houston County, as a member of the Veterans Ser vice Board for the term of office beginning July 1, 1994 and ending April 1, 2001.
The Honorable Donald Fred Hall of Hall County, as a member of the State Board of Exam iners for Certification of Water and Wastewater Treatment Plant Operators and Labora tory Analysts, for the term of office beginning March 16, 1994 and ending August 17, 1997.
Sincerely, Isl Zell Miller
Senator Perdue of the 18th moved that the Senate do now adjourn until 10:00 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 12:45 P.M.

950

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, March 1, 1995 Thirty-first Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Ray of the 19th, President Pro Tempore.
Senator Marable of the 52nd 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 Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 821. By Representatives Poston of the 3rd, Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to amend an Act providing a salary for the court reporters of the Lookout Mountain Judicial Circuit, so as to change the method of setting the salary of the court reporters.
HB 826. By Representative Whitaker of the 7th:
A bill to provide a homestead exemption from Lumpkin County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 62 years of age or over.
HB 827. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to add a provision which permits the board of utilities commission ers to elect to participate in a group health insurance plan selected by the mem bers of the board.
HB 829. By Representatives Bordeaux of the 151st, Dixon of the 150th, Pelote of the 149th, Thomas of the 148th, Mueller of the 152nd and others:
A bill to repeal an Act creating the Chatham County Recreation Authority and the Georgia International and Maritime Trade Center Authority.
HB 830. By Representatives Bordeaux of the 151st, Pelote of the 149th, Thomas of the 148th, Mueller of the 152nd and Day of the 153rd:
A bill to create the Chatham County Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recre ational centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wad ing pools, lakes, tennis courts, athletic fields and courts, club houses, gymnasi ums, auditoriums, youth centers, senior citizen centers.

WEDNESDAY, MARCH 1, 1995

951

HB 655. By Representative Watson of the 139th:
A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions concerning offenses involving dangerous instrumentalities and practices, so as to change the definition of the offense of destroying or injuring a police dog; to make it unlawful to knowingly and intentionally destroy or cause serious or debilitating physical injury to an accelerant detection dog.
HB 148. By Representative Dobbs of the 92nd:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide that certain landfills proposed for reuse shall be subject to provisions relating to major modifications of land fills but shall not be considered vertical expansions; to create the Intergovern mental Solid Waste Coordinating Council and to provide for its membership and duties.
HB 406. By Representative Godbee of the 145th:
A bill to amend Code Section 20-2-987 of the Official Code of Georgia Annotated, relating to the Professional Standards Commission, so as to change provisions relating to the executive secretary of the Professional Standards Commission.
HB 415. By Representative Mueller of the 152nd:
A bill to amend Code Section 16-5-91 of the Official Code of Georgia Annotated, relating to aggravated stalking, so as to provide that certain conduct by a person who has given a bond to keep the peace shall constitute the offense of aggravat ed stalking.
HB 116. By Representative Twiggs of the 8th:
A bill to amend Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to change the provisions re lating to qualifications of firefighters generally.
HB 669. By Representatives Chambless of the 163rd, Culbreth of the 132nd, Williams of the 114th and Bostick of the 165th:
A bill to amend Chapter 20 of Title 33 of the Official Code of Georgia Annotated, relating to health care plans, so as to permit health care plans to be operated by corporations organized under Chapter 2 of Title 14, the "Georgia Business Cor poration Code".
HB 791. By Representatives Watts of the 26th, Smith of the 109th and Barnes of the 33rd:
A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, so as to allow the charging of service charges on an instrument on which a banking or financial organization is directly liable for a period of 12 months immediately following a two-year period of time in which the instrument is not presented for payment.

952

JOURNAL OF THE SENATE

HB 596. By Representatives Lane of the 146th, Kinnamon of the 4th, Dobbs of the 92nd, Lewis of the 14th, Mann of the 5th and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide guidelines and limits on the number of corporate exemptions; to clarify the provisions related to subrogation; to increase the civil and criminal penalties for false and misleading statements; to provide for the creation of a fraud and compliance unit within the State Board of Workers' Compensation.
HB 409. By Representative Twiggs of the 8th:
A bill to amend Code Section 40-6-6 of the Official Code of Georgia Annotated, relating to the operation of authorized emergency vehicles and law enforcement vehicles, so as to provide when a law enforcement officer in a law enforcement vehicle is pursuing a fleeing suspect and the suspect injures or kills a third par ty, a law enforcement officer, or himself or herself as a result of the pursuit, the law enforcement officer's pursuit shall be the proximate cause of any such inju ry.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 231. By Representatives Simpson of the 101st and Stallings of the 100th:
A resolution authorizing the conveyance of certain state owned real property located in Carroll County to the Carroll County Board of Education and the ac ceptance of certain real property owned by the Carroll County Board of Educa tion located in Carroll County in consideration therefor.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 453. By Senator Cheeks of the 23rd:
A bill to amend an Act providing a charter for the City of Augusta, as amended, so as to change the corporate limits of the city; to provide for a submission; to provide for a referendum.
Referred to Committee on State and Local Governmental Operations.
SB 454. By Senator Clay of the 37th:
A bill to amend Code Section 16-11-127 of the Official Code of Georgia Annotat ed, relating to the offense of carrying deadly weapons to or at public gatherings, so as to authorize certain peace officers retired from local law enforcement agen cies to carry pistols in publicly owned or operated buildings.
Referred to Committee on Public Safety.
SB 455. By Senators Starr of the 44th and Thomas of the 10th:
A bill to repeal an Act entitled "An Act to provide for the determination of the millage rate by the governing authorities of Clayton County and the Clayton County School District."
Referred to Committee on State and Local Governmental Operations.

WEDNESDAY, MARCH 1, 1995

953

SB 456. By Senators Oliver of the 42nd and Thomas of the 10th:
A bill to provide a homestead exemption from City of Decatur School District ad valorem taxes for educational purposes for the full amount of the assessed value of the homestead for certain residents of that school district who have annual incomes of less than $40,000.00 and who are 80 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the pro cedures relating thereto.
Referred to Committee on State and Local Governmental Operations.
SB 457. By Senator Griffin of the 25th:
A bill to amend an Act creating county courts (now state courts) in certain desig nated counties of this state, as amended, so as to provide for the terms of the State Court of Baldwin County.
Referred to Committee on State and Local Governmental Operations.
SB 458. By Senators Johnson of the 1st and Johnson of the 2nd:
A bill to provide for a new charter for the City of Tybee Island; to provide for the reincorporation of the city; to provide for corporate boundaries; to provide for powers and duties of the city and the governing authority thereof; to provide for construction; to provide for exercise of powers; to provide for a city council and the members thereof; to provide for the election, terms, qualifications, vacancies, compensation, and expenses of the mayor and councilmembers.
Referred to Committee on State and Local Governmental Operations.
SR 277. By Senators Gillis of the 20th, Ray of the 19th and Dean of the 31st:
A resolution declaring legislative intent with respect to the exemption from sales and use taxation relating to certain off-road timber equipment and related attachments.
Referred to Committee on Finance and Public Utilities.
SR 278. By Senators Perdue of the 18th, Hill of the 4th, Hooks of the 14th and others:
A resolution creating the Senate Poultry Feed and Transportation Study Com mittee.
Referred to Committee on Rules.
SR 281. By Senators Isakson of the 21st and Thompson of the 33rd:
A resolution urging the Congress of the United States to reauthorize the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) which includes funding for Transportation Enhancement Activities (TEA) projects.
Referred to Committee on Transportation.
SR 282. By Senator Walker of the 22nd:
A resolution authorizing the conveyance of certain state owned real property located in Richmond County, Georgia.
Referred to Committee on Finance and Public Utilities.

954

JOURNAL OF THE SENATE

The following bills and resolution of the House were read the first time and referred to committees:

HB 116. By Representative Twiggs of the 8th:
A bill to amend Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to change the provisions re lating to qualifications of firefighters generally.
Referred to Public Safety Committee.
HB 148. By Representative Dobbs of the 92nd:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide that certain landfills proposed for reuse shall be subject to provisions relating to major modifications of land fills but shall not be considered vertical expansions; to create the Intergovern mental Solid Waste Coordinating Council and to provide for its membership and duties.
Referred to Natural Resources Committee.
HB 406. By Representative Godbee of the 145th:
A bill to amend Code Section 20-2-987 of the Official Code of Georgia Annotated, relating to the Professional Standards Commission, so as to change provisions relating to the executive secretary of the Professional Standards Commission.
Referred to Education Committee.
HB 409. By Representative Twiggs of the 8th:
A bill to amend Code Section 40-6-6 of the Official Code of Georgia Annotated, relating to the operation of authorized emergency vehicles and law enforcement vehicles, so as to provide when a law enforcement officer in a law enforcement vehicle is pursuing a fleeing suspect and the suspect injures or kills a third par ty, a law enforcement officer, or himself or herself as a result of the pursuit, the law enforcement officer's pursuit shall be the proximate cause of any such inju ry.
Referred to Judiciary Committee.
HB 415. By Representative Mueller of the 152nd:
A bill to amend Code Section 16-5-91 of the Official Code of Georgia Annotated, relating to aggravated stalking, so as to provide that certain conduct by a person who has given a bond to keep the peace shall constitute the offense of aggravat ed stalking.
Referred to Judiciary Committee.

WEDNESDAY, MARCH 1, 1995

955

HB 509. By Representative Wall of the 82nd:
A bill to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing of criminal sentences and the suspension or probation of such sentences, so as to provide that a parolee or probationer charged with a new offense of aggravated assault shall not be entitled to bond pending a hear ing on the revocation of his or her parole or probation unless the judge of the superior court determines that the parolee or probationer does not constitute a threat to the community.
Referred to Special Judiciary Committee.
HB 596. By Representatives Lane of the 146th, Kinnamon of the 4th, Dobbs of the 92nd and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide guidelines and limits on the number of corporate exemptions; to clarify the provisions related to subrogation; to increase the civil and criminal penalties for false and misleading statements; to provide for the creation of a fraud and compliance unit within the State Board of Workers' Compensation.
Referred to Insurance and Labor Committee.
HB 655. By Representative Watson of the 139th:
A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions concerning offenses involving dangerous instrumentalities and practices, so as to change the definition of the offense of destroying or injuring a police dog; to make it unlawful to knowingly and intentionally destroy or cause serious or debilitating physical injury to an accelerant detection dog.
Referred to Special Judiciary Committee.
HB 669. By Representatives Chambless of the 163rd, Culbreth of the 132nd, Williams of the 114th and Bostick of the 165th:
A bill to amend Chapter 20 of Title 33 of the Official Code of Georgia Annotated, relating to health care plans, so as to permit health care plans to be operated by corporations organized under Chapter 2 of Title 14, the "Georgia Business Cor poration Code".
Referred to Judiciary Committee.
HB 791. By Representatives Watts of the 26th, Smith of the 109th and Barnes of the 33rd:
A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, so as to allow the charging of service charges on an instrument on which a banking or financial organization is directly liable for a period of 12 months immediately following a two-year period of time in which the instrument is not presented for payment.
Referred to Banking and Financial Institutions Committee.

956

JOURNAL OF THE SENATE

HB 821. By Representatives Poston of the 3rd, Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to amend an Act providing a salary for the court reporters of the Lookout Mountain Judicial Circuit, so as to change the method of setting the salary of the court reporters.
Referred to State and Local Governmental Operations Committee.
HB 826. By Representative Whitaker of the 7th:
A bill to provide a homestead exemption from Lumpkin County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 62 years of age or over.
Referred to State and Local Governmental Operations Committee.
HB 827. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to add a provision which permits the board of utilities commission ers to elect to participate in a group health insurance plan selected by the mem bers of the board.
Referred to State and Local Governmental Operations Committee.
HB 829. By Representatives Bordeaux of the 151st, Dixon of the 150th, Pelote of the 149th and others:
A bill to repeal an Act creating the Chatham County Recreation Authority and the Georgia International and Maritime Trade Center Authority.
Referred to State and Local Governmental Operations Committee.
HB 830. By Representatives Bordeaux of the 151st, Pelote of the 149th, Thomas of the 148th and others:
A bill to create the Chatham County Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recre ational centers, facilities, and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wad ing pools, lakes, tennis courts, athletic fields and courts, club houses, gymnasi ums, auditoriums, youth centers, senior citizen centers.
Referred to State and Local Governmental Operations Committee.
HE 231. By Representatives Simpson of the 101st and Stallings of the 100th:
A resolution authorizing the conveyance of certain state owned real property located in Carroll County to the Carroll County Board of Education and the ac ceptance of certain real property owned by the Carroll County Board of Educa tion located in Carroll County in consideration therefor.
Referred to Finance and Public Utilities Committee.

WEDNESDAY, MARCH 1, 1995

957

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

Mr. President:

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

HB 62. Do pass by substitute.

HB 578. Do pass.

Respectfully submitted, Senator Hooks of the 14th District, Chairman

Mr. President:

The Committee on Corrections, Correctional Institutions and Property 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 229. Do pass.

HB 436. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President: The Committee on Economic Development, Tourism and Cultural Affairs has had
under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 400. Do pass.
Respectfully submitted, Senator Broun of the 46th District, Chairman

Mr. President:

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

SB 71. Do pass by substitute.

SR 179. Do pass.

SB 296. Do pass.

SR 204. Do pass.

SB 317. Do pass.

SR 232. Do pass.

SB 324. Do pass.

Respectfully submitted, Senator Marable of the 52nd District, Chairman

Mr. President: The Committee on Finance and Public Utilities has had under consideration the fol
lowing resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 269. Do pass.
Respectfully submitted, Senator Starr of the 44th District, Chairman

958

JOURNAL OF THE SENATE

Mr. President:

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

SB 366. Do pass.

SB 446. Do pass by substitute.

Respectfully submitted, Senator Walker of the 22nd District, Chairman

Mr. President: The Committee on Health and Human Services has had under consideration the fol
lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 417. Do pass as amended.
Respectfully submitted, Senator Walker of the 22nd District, Chairman

Mr. President:

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

SB 278. Do pass by substitute.

SB 420. Do pass.

SB 329. Do pass by substitute.

Respectfully submitted, Senator Oliver of the 42nd District, Chairman

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

SB 213. Do pass by substitute.

SB 408. Do pass.

SB 246. Do pass.

SB 410. Do pass.

SB 316. Do pass.

SB 423. Do pass.

SB 325. Do pass.

SB 451. Do pass.

SB 397. Do pass.

Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President:

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

SB 387. Do pass by substitute.

SB 438. Do pass by substitute.

WEDNESDAY, MARCH 1, 1995

959

SB 394. Do pass.

HB 444. Do pass.
Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:

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

SR 274. Do pass by substitute.

SR 117. Do pass.

SR 265. Do pass as amended.

SR 240. Do pass as amended.

SR 196. Do pass as amended.

Respectfully submitted, Senator Scott of the 36th District, Chairman

Mr. President: The Committee on Science, Technology and Industry has had under consideration the
following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 418. Do pass.
Respectfully submitted, Senator Tysinger of the 41st District, Chairman

Mr. President:

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

SB 406. Do pass by substitute.

SB 434. Do pass as amended.

Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President:

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

SB 396. Do pass by substitute.

HB 170. Do pass by substitute.

Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President:
The Committee on State and Local Governmental Operations has had under consider ation 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 150. Do pass by substitute.

SR 253. Do pass.

SB 310. Do pass by substitute.

HB 288. Do pass.

960

JOURNAL OF THE SENATE

SB 356. Do pass by substitute. SB 404. Do pass. SB 415. Do pass.

HB 363. Do pass. HB 423. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President: The Committee on State and Local Governmental Operations has had under consider
ation the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 436. Do pass.
Respectfully submitted, Senator Thomas of the 10th District, Chairman

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

SR 242. Do pass. HB 379. Do pass by substitute.

HR 195. Do pass. HR 233. Do pass.

HB 571. Do pass. HR 79. Do pass.

HR 276. Do pass.

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

The following bills and resolutions were read the second time:

SB 74 SB 346 SB 411 HB 111 HB 517

SB 77 SB 347 SR 69 HB 176 HB 553

SB 247 SB 361 SR 248 HB 178 HB 621

SB 292 SB 370 SR 257 HB 283 HB 622

SB 306 SB 375 HB 39 HB 473 HR 232

SB 343 SB 385 HB 108 HB 477 HR 290

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

Black Blitch Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts
Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill
Hooks Isakson James

Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill
Oliver Perdue Pollard

WEDNESDAY, MARCH 1, 1995

961

Ragan Ralston Scott Slotin

Starr Stokes Tanksley Taylor

Thompson Turner Tysinger

Those not answering were Senators:

Abernathy Balfour

Boshears Ray (presiding)

Thomas Walker

The President Pro Tempore led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Brown of the 26th introduced the chaplain of the day, Rabbi Uri Goren, pastor of Temple Beth Israel, Macon, Georgia, who offered scripture reading and prayer.
Senator Brown of the 26th introduced the Mayor of Macon, and the Chairman of the Bibb County Commissioners, commended by SR 185, adopted previously.
Senator Ralston of the 51st introduced Andrea Krahn, Miss Georgia, commended by SR 212, adopted previously, who addressed the Senate briefly.

The following resolution of the Senate was read and adopted:

SR 276. By Senators Gillis of the 20th, Ray of the 19th, Dean of the 31st and others: A resolution recognizing and commending Honorable Paul C. Broun on the occa sion of his seventy-ninth birthday.
Senator Gillis of the 20th commended Senator Broun on the occasion of his birthday. Senator Broun addressed the Senate briefly.
The following resolutions were read and adopted:

SR 279. By Senator Walker of the 22nd: A resolution commending James G. Ledbetter.

SR 280. By Senators Thompson of the 33rd, Hooks of the 14th and Taylor of the 12th: A resolution commending the Georgia Department of Public Safety.

SR 283. By Senator Cheeks of the 23rd:
A resolution commending Harold G. Kingsmore and the associates of the Graniteville Company for achieving 150 years in operation as a leading textile manu facturer.

SR 284. By Senator Isakson of the 21st: A resolution commending Mr. John W. Cox, Sr.

SR 285. By Senator Brown of the 26th: A resolution expressing regret at the passing of Willis Sheftall, Sr.
SENATE RULES CALENDAR Wednesday, March 1, 1995
THIRTY-FIRST LEGISLATIVE DAY

SB 315 Georgia Youthbuild Program Act--establish (H&HS--55th)

962

JOURNAL OF THE SENATE

SR 53 Senate Eviction Law Study Committee--create (Rules--35th)
SB 282 Quality Basic Education Act--advanced placement examination fees, students in private high schools (Ed--4th)
SB 359 Cemetery--investigators'power of warrantless arrests, summons (SubstituteXS Judy--47th)
SB 313 Capital Felony Expense Act--reimbursable expenses (Amendment) (S Judy-- 6th)
SR 121 Joint Elder Abuse Study Commission--create (Rules--52nd)
SR 68 Senate Study Committee on Medicaid Discrimination in Nursing Home Admis sions--create (Rules--5th)
SR 226 Gwinnett County--leasing of certain state property (F&PU--5th)
SB 367 Board of Chiropractic Examiners--terms, qualifications, meetings (Amend ment) (H&HS--22nd)
SR 57 Joint Study Committee on Use of "911" Ambulances--create (Rules--3rd)
SR 244 Chartered Banks--urge Congress reject proposed federal regulator examination fees (B&FI--8th) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:

SB 315. By Senators Henson of the 55th, Stokes of the 43rd and Thomas of the 10th:

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 for a short title; to pro vide for legislative findings and purposes; to establish the Georgia Youthbuild Program within the Department of Children and Youth Services; to provide for the authority, duties, and powers of the Department of Children and Youth Services with respect to the Youthbuild Program; to provide for participation in the Youthbuild Program.

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

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay

Crotts Day Dean Egan Farrow Gillis Glanton Gochenour Griffin Harbison Henson

Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable McGuire

WEDNESDAY, MARCH 1, 1995

963

Middleton Newbill Oliver Perdue Pollard

Ragan Ralston Scott Slotin Tanksley

Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Edge Guhl

Johnson of 2nd Ray (presiding) Starr

Stokes Taylor

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

SR 53. By Senators James of the 35th, Slotin of the 39th, Henson of the 55th and others:
A resolution creating the Senate Eviction Law Study Committee.

Senator Clay of the 37th offered the following amendment:

Amend SR 53 by changing the word "ten" on line 35 to the word "five".
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 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Egan Farrow Gillis

Glanton Gochenour Griffin Harbison Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Guhl.

Those not voting were Senators:

Abernathy Edge

Johnson of 2nd Ray (presiding)

Starr

On the adoption of the resolution, the yeas were 50, nays 1.
The resolution, having received the requisite constitutional majority, was adopted as amended.

964

JOURNAL OF THE SENATE

The President assumed the Chair.

SB 282. By Senators Hill of the 4th, Perdue of the 18th, Edge of the 28th and others:
A bill to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to provide for the applicability of advanced placement examination fees to students enrolled in private secondary schools.

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, 1995

The Honorable Richard Marable, Chairman Senate Education Committee State Capitol, Room 420 Atlanta, Georgia 30334

SUBJECT: Fiscal Note Senate Bill 282 (LC 19 2366)

Dear Chairman Marable:

This bill would provide for payment of fees charged for advanced placement tests taken by students enrolled in private secondary schools.
This bill would result in additional state expenditures of approximately $340,000. This estimate is based upon the assumption that the Department of Education will begin paying these fees in fiscal year 1996. In addition, the fees charged by the testing service organiza tion used in this calculation are those currently in effect; fees in effect in fiscal year 1996 are unknown.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts

Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks

Isakson James Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver

WEDNESDAY, MARCH 1, 1995

965

Perdue Pollard Ragan Ralston Scott

Slotin Starr Stokes Tanksley

Taylor Thomas Thompson Tysinger

Those not voting were Senators:

Brown of 26th Day Henson

Johnson of 2nd Ray

Turner Walker

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 359. By Senator Madden of the 47th:
A bill to amend Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Cemetery Act of 1983," so as to confer the power of warrantless arrest on investigators in certain specified instances; to provide for the issuance of summons at an investigator's discretion in connection with warrantless arrests in certain specified instances; to require owners of a cemetery to adopt rules concerning the maintenance of a cemetery and mer chandise within it.

The Senate Committee on Special Judiciary offered the following substitute to SB 359:

A BILL
To be entitled an Act to amend Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Cemetery Act of 1983," so as to confer the power of warrantless arrest on investigators in certain specified instances; to provide for the issu ance of summons at an investigator's discretion in connection with warrantless arrests in certain specified instances; to require owners of a cemetery to adopt rules concerning the maintenance of a cemetery and merchandise within it; to make it unlawful for a cemetery owner or the owner's affiliates, employees, or agents to violate the rules adopted by the cemetery owner; to make it unlawful for a cemetery owner or the owner's affiliates, employ ees, or agents willfully to violate the provisions of any contract under which lots or mer chandise has been sold; to change the provisions relating to criminal penalties; to provide that criminal fines assessed in certain specified cases be used in certain specified ways; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Cemetery Act of 1983," is amended by striking subsection (d) of Code Section 443-139, relating to administration of the article pertaining to cemeteries, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The Secretary of State shall have authority to employ examiners, clerks and stenog raphers, and other employees as the administration of this law may require. The Secre tary of State shall also have authority to appoint and employ investigators who shall have, in any case that there is a reason to believe a violation of this article has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants and, in any case that there is reason to believe that a violation of subsection (e) or (f) of Code Section 44-3-142 has occurred, the right and power to arrest without warrant any person found violating either of said subsections and to issue the summons authorized by subsection (g) of Code Section 44-3-140."

966

JOURNAL OF THE SENATE

SECTION 2.

Said article is further amended by adding at the end of Code Section 44-3-140, relating to investigations by the Secretary of State, subpoenas, hearings, and audits, a new subsection (g) to read as follows:
"(g)(l) When a person is arrested for any violation of subsection (e) or (f) of Code Section 44-3-142, the arresting investigator may, at his or her discretion, choose to issue to the offender a summons to appear before a court of competent jurisdiction in the county where the cemetery property is located. Every such summons shall show:
(A) That it is issued by authority of the Secretary of State;
(B) The name of the person summoned or, if the person to be summoned refuses to give his or her name or the investigator serving the summons believes the name given is false or if the investigator is for other cause unable to ascertain the correct name of the person to be summoned, a fictitious name plainly identified as such;
(C) The offense with which the person being summoned is charged and the date and location of the alleged offense;
(D) The location of the court and the day and time at which such person is summoned to appear;
(E) That failure to so appear is a violation of Georgia laws and subject to prosecution;
(F) The date the summons is served; and
(G) The name and official designation of the officer serving the summons.
(2) Every person so summoned shall appear at the place and on the date ordered except in cases where a bond has been posted in lieu of the summons or where the court has granted a continuance.
(3) The investigator serving a summons pursuant to this subsection shall, on or before the return date of the summons, deliver a copy thereof to the court before which it is returnable, or to the clerk of such court, and shall file any information and such affidavits as may be required with respect to the alleged offense."

SECTION 3.

Said article is further amended by striking in its entirety Code Section 44-3-141, relating to cemetery rules and regulations, and inserting in lieu thereof a new Code Section 44-3141 to read as follows:
"44-3-141.

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(a) The owner of every cemetery shall make, adopt, and enforce rules and regulations for the use, care, control, management, restriction, and protection of such cemetery and of all parts and subdivisions thereof; for restricting, limiting, and regulating the use of all

WEDNESDAY, MARCH 1, 1995

967

property within such cemetery; for regulating and preventing the introduction and care of plants or shrubs within such grounds; for regulating the conduct of persons and preventing improper assemblages therein; and for all other purposes deemed necessary by the owner of the cemetery for the proper conduct of the business of the cemetery and the protection of safeguarding the premises and the principles, plans, and ideas on which the cemetery was organized; provided, however, that no cemetery or cemetery owner to which the provisions of this article are applicable shall have the power to adopt any rule or regulation in conflict with any of the provisions of this article or in derogation of the contract rights of lot owners. Said rules shall include, but not be limited to, a time dead line for the issuance of deeds to lot purchasers; a time deadline for the delivery of preneed burial merchandise to customers after a customer's contract purchase price is fully paid; a provision for the repair or replacement of vases, markers, or other such items that are damaged by the operation of cemetery equipment; a standard for the cut ting of grass and the trimming of grass and shrubbery around markers and monuments; a standard tor the maintenance and repair of roads and walkways; a standard for the planting of flowers, shrubs, and grass as needed; a standard for the upkeep of cemetery statues and entrance ways; a time deadline for the promised installation of walkways, statues, flags, and other items; a provision allowing the installation of markers purchased from vendors other than the cemetery owner or its affiliates, subject to reason able standards; and a standard and plan for the repair and restoration of sunken graves or markers. From time to time the owner may amend, add to, revise, change, or modify such rules and regulations, subject to inclusions mandated in this subsection. The owner of every cemetery shall file with the Secretary of State a copy of the cemetery's rules as originally adopted and shall file, within ten days after their adoption, a copy of any revi sion, change, or modification of such rules and regulations. Such rules and regulations shall be plainly printed or typewritten and shall be posted conspicuously, subject to in spection and copy, at the usual place for transacting the regular business of the cemetery?
(b) The owner uf every cemetery shall have the futthei light Lu establish reasonable rules
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merchandise to bu installed in the cemetery. Such rules and icgiilatkiiis shall be posted conspicuously and maintained, subject to inspection and copy, at the usual place for Liansactiiig the regular business of the temetery. No cemeLeiji owner shall liave the
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(cKb) All cemetery owners shall have a full and complete schedule of all charges for service^~provided by the cemetery plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery."
SECTION 4.
Said article is further amended by adding at the end of Code Section 44-3-142, relating to enumeration of prohibited acts, new subsections (e) and (f) to read as follows:
"(e) It shall be unlawful for any owner of a cemetery or an affiliate, employee, or agent of said owner to violate any rule adopted by a cemetery pursuant to subsection (a) or (b) of Code Section 44-3-141.
(f) It shall be unlawful for any owner of a cemetery or an affiliate, employee, or agent of said owner willfully to violate the provisions of any contract under which lots or mer chandise has been sold."

968

JOURNAL OF THE SENATE

SECTION 5.
Said article is further amended by striking in their entirety subsections (a) and (b) of Code Section 44-3-144, relating to criminal penalties, and inserting in lieu thereof new subsec tions (a) and (b) to read as follows:
"(a) Except as provided in this subsection and subsection (b) of this Code section, any Any person who shall willfully violate any provision of this article shall be guilty of a misdemeanor and, upon the first conviction thereof, shall be subject to a fine of not more than $1,000.00 $350.00 or imprisonment not to exceed i2 six months, or both, and upon the second conviction thereof, shall be subject to a fine of rioTmore than $500.00 or imprison ment not to exceed 12 months, or both. Any person who shall willfully violate any provi sion of this article for a third or subsequent off'ense shall be guilty of a felony and shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one and not more than five years, or both. The proceeds from fines arising from criminal prosecution for a violation of subsection (e) or (0 of Code Section 44-3-142 shall be ap plied initially to payment of the fees of the officers of the trial court and court costs as prescribed by law. Any money remaining after such disposition shall be remitted promptly by the clerk of the court, in which disposition of the case is made, to the county treasurer of the county in which the fine is assessed, who shall deposit the funds in the general tunds of the county.
(b) Any person who shall willfully violate subsection (b) of CuJe Section 44-0-142 or any provision of this article regarding the establishment, maintenance, or reporting of any trust, reserve, or escrow funds mandated by this article shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000 00 or impris onment for not less than one and not more than five years, or both."
SECTION 6.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 1, nays 38, and the committee substi tute was lost.
Senator Madden of the 47th offered the following substitute to SB 359:
A BILL
To be entitled an Act to amend Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to cemeteries, so as to repeal existing laws conferring the au thority to make, adopt, and enforce rules and regulations on cemetery owners; to confer the authority to adopt, promulgate, and enforce laws regulating the maintenance of cemetery property and burial merchandise on the Secretary of State; to raise the civil penalty amount for the violation of such provisions; to require the Secretary of State to give notice of opportunity for hearing to cemetery owners who have been issued certain orders; to re peal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 1, 1995

969

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to cemeteries, is amended by striking subsection (e) of Code Section 44-3-139, relating to ad ministration and rules and regulations, which subsection reads as follows:
"(e) The Secretary of State shall have the power to make such rules and regulations from time to time as he may deem necessary and proper for the enforcement of this article. Such rules and regulations shall be adopted, promulgated, and contested as provided in Chapter 13 of Title 50.",
and inserting in lieu thereof new subsections (e) and (f), to read as follows:
"(e)(l) The Secretary of State shall adopt, promulgate, and enforce rules and regulations for the use, maintenance, control, management, restriction, and protection of cemeteries and of all parts and subdivisions thereof; for restricting, limiting, and regulating the use of all property within such cemeteries; and for all other purposes deemed necessary by the Secretary of State for the proper conduct of the business of cemeteries as it relates to protection of the public interest and the protection of safeguarding the premises and the principles, plans, and ideas on which the cemetery was organized. From time to time, the Secretary of State may amend, add to, revise, change, or modify such rules and regulations.
(2) The Secretary of State shall adopt, promulgate, and enforce rules and regulations regarding the type of material, design, composition, finish, and specifications of any and all merchandise to be used or installed in cemeteries. From time to time, the Secretary of State may amend, add to, revise, change, or modify such rules and regulations.
(f) The Secretary of State shall have the power to make such rules and regulations from time to time as he may deem necessary and proper for the enforcement of this article. Such rules and regulations shall be adopted, promulgated, and contested as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' However, the Secretary of State shall have the power to promulgate rules and regulations to protect the public interest in the event of emergency situations without complying with Chapter 13 of Title 50. Such rules and regulations shall have the force and effect of law upon promulgation."
SECTION 2.
Said article is further amended by striking Code Section 44-3-141, relating to cemetery rules and regulations and service charges, and inserting in lieu thereof a new Code Section 44-3-141 to read as follows:
"44-3-141.

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970

JOURNAL OF THE SENATE

(,D/ 1 116 0"Wil^3t*~OI~cVciiy CciUtBt^fy fcli<Hl lUiVQ tI16 lUi'tll^I1 li^JtiL IO
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tjtnttiS3Ctiil tilft i'c^Ulfl.11 DUSiilGSS 01 LilG CGIHtit^i'y. iNQ CGUlct^iny OWiicii' S113.II IlflVft titl^
li^llL 10 ^ilfcVGilt til6 US6 01 ^iiy iiiWCllexiiuiSti pUi'Cili>btiCl Dy 3. iOt OW1161Tj HIS I'fiprGSSIltfltiVc,
his ageut, or his lieiib ui aiilgiis from any source, piovided the merchandise meets all
(c) All cemetery owners shall have a full and complete schedule of all charges for services provided by the cemetery plainly printed or typewritten, posted conspicuously, and main tained, subject to inspection and copy, at the usual place for transacting the regular busi ness of the cemetery."
SECTION 3.
Said article is further amended in Code Section 44-3-142, relating to enumeration of pro hibited acts, by striking the word "or" at the end of paragraph (2) of subsection (a), by replacing the period at the end of paragraph (3) of subsection (a) with the word and symbol "; or", and by adding a new paragraph (4) of subsection (a) to read as follows:
"(4) It shall be unlawful for any person to fail to maintain cemetery property or burial merchandise in accordance with any provision of this article or rule, regulation, or order promulgated or issued by the Secretary of State under any provision of this article."
SECTION 4.
Said article is further amended in Code Section 44-3-143, relating to enforcement of article and civil penalties, by striking subsection (f) and inserting in its place a new subsection to read as follows:
"(f) In addition to any other penalties that may be imposed, any person willfully violating any provisions of Code Section 44-3-142 or of Code Section 44-3-136 or any rule, regula tion, or order of the Secretary of State made pursuant to Code Section 44-3-142 or 44-3136 shall be subject to a civil penalty not to exceed $100.00 fur each day that hucli viulatioii ui1 viulatiuiib persist $500.00 per violation but not exceeding the total sum of $0,000.00 $10,000.00. However, such penalty shall only be imposed if the person shall fail to correct any failure, refusal, or violation after written notice of the Secretary of State to correct same. The Secretary of State shall be authorized in his discretion to decline to impose a penalty or to impose any lesser penalty that he may deem to be sufficient and appropriate in any particular case. The amount of such penalty may be collected by the Secretary of State in the same manner that money judgments are now enforced in the superior courts of this state, except that the order or finding of the Secre tary of State as to such penalty may be appealed according to the provisions of Code Section 44-3-146."
SECTION 5.
Said article is further amended in Code Section 44-3-147, relating to administrative appeal of orders of the Secretary of State, by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) Where the Secretary of State has issued any order forbidding the sale of cemetery property, burial lots, burial rights, burial merchandise, or burial services under any pro vision of this article, he shall promptly send to the cemetery owner, cemetery company, or preneed dealer and to the persons who have filed such registration a notice of opportu nity for hearing. Before entering an order refusing to register any person and after the entering of any order for revocation, or suspension, or any other order issued under the provisions of this article, the Secretary of State shall promptly send to such person a

WEDNESDAY, MARCH 1, 1995

971

notice of opportunity for hearing. Hearings shall be conducted by the Secretary of State pursuant to this Code section."
SECTION 6.
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 Madden substitute was adopted.
Pursuant to Senate Rule 143, action on SB 359 was suspended and the bill was placed on the Senate General Calendar.
SB 313. By Senators Boshears of the 6th, Pollard of the 24th, Ragan of the llth and Blitch of the 7th:
A bill to amend Article 2 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, the "Capital Felony Expense Act," so as to change the basis, time, and manner for calculation of expenses which are eligible for reimbursement; to specify which expenses are eligible for reimbursement; to change the definition of a term and delete a defined term; to provide for related matters; to provide for an effective date and applicability.
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 20, 1995
The Honorable Michael Egan, Chairman Senate Special Judiciary Committee State Capitol, Room 121E Atlanta, Georgia 30334
SUBJECT: Fiscal Note Senate Bill 313 (LC 24 0096)
Dear Chairman Egan:
This bill would amend the Capital Felony Expense Act to require sufficient appropria tion of funds to reimburse all eligible capital felony expenses for which the counties have requested reimbursement. This bill more clearly defines the expenses eligible to be reim bursed and removes the 5 percent of county revenue threshold currently required before a county can be reimbursed for expenses related to a capital felony case.
The fiscal impact of this bill cannot be determined since the exact number of capital felony cases and the cost per case is not known. However, capital felony cases can cost between $75,000 and several million dollars per case. In addition, at the end of calendar year 1994, The Multicounty Public Defender yearly report summary stated that there were 125 cases state-wide at the trial level in which the State had announced formally or infor mally that the death penalty was being sought. If it is assumed that the average cost per capital felony case is $100,000, and that there are currently 125 cases, the expenses of which must be reimbursed, the cost to the State would be approximately $12.5 million.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget

972

JOURNAL OF THE SENATE

The Senate Committee on Special Judiciary offered the following amendment:
Amend SB 313 by striking from line 6 of page 1 the words "a term" and inserting in lieu thereof the words "certain terms".
By striking from line 20 of page 1 the word "may" and inserting in lieu thereof the following:
"may is sought to".
Senators Thompson of the 33rd and Isakson of the 21st offered the following amendment:
Amend SB 313 by striking in their entirety lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal proce dure, so as to provide for sentencing by the trial judge or a declaration of mistrial as to sentencing when the sentencing jury has found the existence of at least one statutory ag gravating circumstance but is unable to render a sentencing verdict; to change the basis, time, and manner for calculation;".
By striking in their entirety lines 11 through 13 of page 1 and inserting in lieu thereof the following:
"SECTION 1.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-10-31, relating to the requirement of a jury finding of an aggravating circumstance and recommendation that the death penalty be imposed prior to imposition of a death sentence, and inserting in lieu thereof a new Code Section 17-10-31 to read as follows:
'17-10-31.
(a) Where, upon a trial by jury, a person is convicted of an offense which may be punishiEle by death, a sentence of death shall not be imposed unless the jury verdict includes a finding of at least one statutory aggravating circumstance and a recommendation that such sentence be imposed. Where a statutory aggravating circumstance is found and a recommendation of death is made, the court shall sentence the defendant to death. Where a sentence of death is not recommended by the jury, the court shall sentence the defendant to imprisonment as provided by law. Unless the jury trying the case makes a finding of at least one statutory aggravating circumstance and recommends the death sentence in its verdict, the court shall not sentence the defendant to death, provided that no such finding of statutory aggravating circumstance shall be necessary in offenses of treason or aircraft hijacking. This Code section shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty.
(b) Notwithstanding anything to the contrary contained in subsection (a) of this Code sec tion, effective with respect to offenses occurring after July 1, 1995, if a person is convicted of an ofi'ense which may be punishable by death and the jury makes a finding of at least one statutory aggravating circumstance but is unable to agree on a verdict as to a sentence of life imprisonment, life imprisonment without parole, or death and the judge has deter mined that the jury is deadlocked, then the trial court shall inquire as to the numerical division of the jury and shall act in accordance with this numerical division as follows:
(1) If the trial judge determines that even though the jury has found the existence of at least one statutory aggravating circumstance, the jury is deadlocked as to the sentence to be imposed, and the jury is divided as to sentence with less than seven jurors being in favor of imposing a sentence of death, the trial judge shall impose a life sentence;
(2) If the trial judge determines that even though the jury has found the existence of at least one statutory aggravating circumstance, the jury is deadlocked as to the sentence to be imposed, and the jury is divided as to sentence with more than six jurors being in

WEDNESDAY, MARCH 1, 1995

973

favor of imposing a sentence of death, the trial judge shall impose a life sentence, life without parole, or declare a mistrial as provided by paragraph (3) of this subsection; or
(3) If the trial judge determines that even though the jury has found the existence of at least one statutory aggravating circumstance, the jury is deadlocked as to the sentence to be imposed, and if not less than ten out of 12 of the jurors are in favor of imposing the death sentence, the trial judge may declare a mistrial as to the sentencing procedures and order a new trial as to sentencing only. Such a declaration of mistrial as to sentenc ing shall in no way affect the adjudication of guilt.'

SECTION 2.

Said title is further".
By renumbering Sections 2, 3, 4, and 5 as Sections 3, 4, 5, and 6, respectively.
By striking in their entirety lines 10 and 11 of page 5 and inserting in lieu thereof the following: "Governor or upon its becoming law without such approval. Section 2 of this Act shall apply to capital felonies which occur on or after July".
Senator Thompson of the 33rd moved the previous question.

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

Those voting in the affirmative were Senators:

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

Dean Gillis Hooks Langford Perdue Pollard

Ragan Ray Starr Thompson Turner

Those voting in the negative were Senators:

Abernathy Balfour Black Blitch Boshears Clay Crotts Day Edge Egan Farrow Glanton Gochenour

Griffin Guhl Harbison Henson Hill Isakson James Johnson of 2nd Johnson of 1st Kemp Land Madden Marable

McGuire Middleton Newbill Oliver Ralston Scott Slotin Stokes Tanksley Taylor Thomas Tysinger Walker

On the motion, the yeas were 17, nays 39, and the previous question motion was lost.

On the adoption of the committee amendment, the yeas were 31, nays 9, and the amendment was adopted.

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

Those voting in the affirmative were Senators:

Balfour
Boshears Bowen Broun of 46th

Burton
Cagle Cheeks Clay

Crotts
Day Dean Edge

974

JOURNAL OF THE SENATE

Egan Farrow Gillis Glanton Gochenour Guhl Hill Hooks Isakson Johnson of 1st

Kemp Land Langford Madden Marable McGuire Middleton Newbill Perdue Pollard

Ragan Ralston Ray Starr Tanksley Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Abernathy Black Blitch Brown of 26th Griffin

Harbison Henson James Johnson of 2nd Oliver

Scott Slotin Stokes Thomas

Not voting was Senator Walker.

On the adoption of the amendment, the yeas were 41, nays 14, and the Thompson and Isakson amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Burton
Cagle Cheeks Clay Crotts Day Dean Edge
Egan

Farrow Gillis Glanton Gochenour Guhl Hill Hooks
Isakson Johnson of 1st Kemp Land Langford Madden Marable

Those voting in the negative were Senators:

Abernathy Brown of 26th Griffin Harbison Henson

James Johnson of 2nd Oliver Scott

McGuire Middleton Newbill Perdue Pollard Ragan Ralston Ray Starr Tanksley Taylor Thompson Turner Tysinger
Slotin Stokes Thomas Walker

On the passage of the bill, the yeas were 43, nays 13.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Boshears of the 6th moved that SB 313 be immediately transmitted to the House.
On the motion, the yeas were 38, nays 0, the motion prevailed, and SB 313 was imme diately transmitted.

WEDNESDAY, MARCH 1, 1995

975

The following resolution was read and put upon its adoption:

SR 289. By Senators Ray of the 19th and Perdue of the 18th:
A resolution relative to adjournment from 5:00 P.M. Wednesday, March 1,1995, until reconvening on Monday, March 6, 1995.

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

Those voting in the affirmative were Senators:

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

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Not voting was Senator Black.

On the adoption of the resolution, the yeas were 55, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The Calendar was resumed. Senator Ray of the 19th, President Pro Tempore, resumed the Chair.

SR 121. By Senators Marable of the 52nd, Dean of the 31st, Hill of the 4th and others:

A resolution creating the Joint Elder Abuse Study Commission.

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 Black Blitch Boshears Bowen Broun of 46th
Brown of 26th Burton Cagle Cheeks

Clay Crotts Day Dean Edge Egan Farrow
Gillis Glanton Gochenour Griffin

Guhl Harbison Henson Hooks James Johnson of 2nd Johnson of 1st
Kemp Land Langford Madden

976

JOURNAL OF THE SENATE

Marable McGuire Middleton Newbill Oliver Pollard

Ragan Ralston Slotin Starr Stokes Tanksley

Those not voting were Senators:

Hill Isakson

Perdue Ray (presiding)

Taylor Thomas Thompson Turner Tysinger Walker
Scott

On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 68. By Senator Burton of the 5th:
A resolution creating the Senate Study Committee on Medicaid Discrimination in Nursing Home Admissions.

Senator Blitch of the 7th offered the following amendment:

Amend SR 68 by eliminating line 9, page 1 before the word for "50" and inserting "87".
On the adoption of the amendment, the yeas were 29, nays 0, and the Blitch amend ment was adopted.

Senator Burton of the 5th offered the following amendment:

Amend SR 68 by changing on page 2, line 3, the word "ten" to "five".
On the adoption of the amendment, the yeas were 31, nays 1, and the Burton amend ment 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 Black Blitch Boshears Bowen Broun of 46th
Brown of 26th Burton Cagle Cheeks
Clay Crotts Day Dean Edge Egan

Farrow
Gillis Glanton Gochenour Griffin Guhl Harbison
Henson Hill Hooks James
Johnson of 2nd Johnson of 1st Kemp Land Langford Madden

Marable
McGuire Middleton Newbill Oliver Perdue Pollard
Scott Slotin Stokes Tanksley
Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Isakson Ragan

Ralston Ray (presiding)

Starr

WEDNESDAY, MARCH 1, 1995

977

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 226. By Senator Burton of the 5th:

A resolution authorizing the leasing of certain improved property owned by the State of Georgia in Gwinnett County, Georgia.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Edge

Madden

Ray (presiding)

On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SB 367. By Senator Walker of the 22nd:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change the provisions relating to the terms and qualifications of members of the Georgia Board of Chiropractic Examiners; to change the provisions relating to meetings of said board; to change the provi sions relating to qualifications for examinations; to provide for temporary licenses; to provide for legislative construction and exceptions.

The Health and Human Services Committee offered the following amendment:
Amend SB 367 by striking lines 16 through 21 of page 5 and inserting in their place the following:
"excluding the adjustment of the articulations of the human body, provided such person is under the direct order and".
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

978

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire

Middleton Newbill Oliver Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Black Blitch James

Kemp Perdue

Ray (presiding) Thompson

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

SR 57. By Senators Kemp of the 3rd, Hooks of the 14th, Taylor of the 12th and others: A resolution creating the Joint Study Committee on Use of "911" Ambulances.

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 Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land

Langford Madden Marable McGuire Newbill Perdue Pollard Ragan Ralston Scott Slotin Stokes Tanksley Taylor Thomas Thompson

WEDNESDAY, MARCH 1, 1995

979

Turner

Tysinger Walker

Those not voting were Senators:

Blitch Middleton

Oliver Ray (presiding)

Starr

On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 244. By Senators Turner of the 8th, Broun of the 46th, Gillis of the 20th and others:

A resolution urging Congress to reject the proposed requirement that state chartered banks pay a fee to their federal regulators for examinations conducted by such federal regulators.

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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

James Middleton

Ray (presiding)

Thomas

On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

980

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 336. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the eligibility requirements regarding cer tain tax credits for manufacturing facilities; to change limitations applicable to such credits; to change certain provisions relating to tax credits for employers providing approved retraining programs; to change certain provisions relating to tax credits for employers providing child care.
The House has adopted by the requisite constitutional majority the following resolu tion of the Senate:
SR 289. By Senators Ray of the 19th and Perdue of the 18th:
A resolution relative to adjournment.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 202. 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, 1995 and ending June 30, 1996.
HB 129. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 20-2-161 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Formula, so as to change the program weights allotted to state authorized instructional programs.
HB 680. By Representative Stancil of the 91st:
A bill to amend Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to distilled spirits, so as to provide procedures in counties or municipali ties in which the sale of distilled spirits are not lawful for the call of a referen dum on the question of the issuance of licenses for the sale of distilled spirits for beverage purposes by the drink for consumption on the premises upon the reso lution of the governing authority.

WEDNESDAY, MARCH 1, 1995

981

The following bill of the House was read the first time and referred to committee:
HB 202. 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, 1995 and ending June 30, 1996.
Referred to Committee on Appropriations. Senator Perdue of the 18th moved that the Senate stand in recess until 5:00 P.M., then adjourn pursuant to SR 289 until Monday, March 6 at 10:00 A.M.; the President Pro Tempore announced that the motion prevailed at 12:55 P.M.

982

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, March 6, 1995
Thirty-second Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Ray of the 19th, President Pro Tempore.
Senator Marable of the 52nd reported that the Journal of Wednesday, March 1, 1995, proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 846. By Representative Crawford of the 129th:
A bill to amend an Act increasing the compensation of the chairperson and members of the board of commissioners of Upson County, so as to provide for a range of compensation for the chairperson and members of the board of commis sioners of Upson County.
HB 848. By Representative Crawford of the 129th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Pike, so as to reapportion the board of commissioners.
HB 853. By Representative McCall of the 90th:
A bill to amend an Act creating a new charter for the City of Lexington, so as to change the terms of office of the mayor and members of the council.
HB 854. By Representatives McCall of the 90th and Channell of the lllth:
A bill to amend an Act creating the Washington Wilkes Payroll Development Authority, so as to change the definition of the term "project" to include the ac quisition of land for the construction and operation of utility systems and for transportation purposes in connection with industry, commerce, and agricul ture; to authorize the authority to condemn property for the purpose of con structing roads, bridges, or rail lines.
HB 855. By Representatives McCall of the 90th and Channell of the lllth:
A bill to amend an Act making provisions for the Magistrate Court of Wilkes County, so as to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Wilkes County.
HB 856. By Representatives McCall of the 90th and Channell of the lllth:
A bill to amend an Act granting a new charter to the Town of Tignall, so as to change the punishment for misdemeanor offenses; to change the punishment for contempt in the municipal court.

MONDAY, MARCH 6, 1995

983

HB 857. By Representatives McCall of the 90th and Channell of the lllth:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Wilkes County.
HB 858. By Representatives Bunn of the 74th and O'Neal of the 75th:
A bill to amend an Act entitled "An Act to create a board of commissioners for Rockdale County," so as to provide for the advertising of bids for certain county expenditures; to provide for emergency purchases.
HB 867. By Representative Lakly of the 105th:
A bill to recreate and reincorporate the Town of Woolsey in Fayette County and grant a new charter to that municipality under such corporate name and style.
HB 898. By Representative Jenkins of the 110th:
A bill to provide a new charter for the City of Shady Dale.
HB 704. By Representative Cox of the 160th:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to change the provisions relating to the punishment of any person who is drawn and summoned as a juror and who neglects or refuses to appear or who absents himself or herself without leave of the court; to change the provisions relating to jury clerks and other personnel.
HB 678. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment for teachers, so as to provide for a salary increase for those persons who have re ceived certification from the National Board for Professional Teaching Stan dards.
HB 677. By Representative Barnes of the 33rd:
A bill to amend Code Section 40-9-101, relating to self-insurers, so as to change the provisions relating to cash deposits necessary to qualify for a certificate of self-insurance; to change the provisions relating to the transition period in which a person operating as a self-insurer must meet certain requirements con cerning cash deposits.
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 351. By Representative Jamieson of the 22nd:
A resolution authorizing the conveyance of certain state owned real property located in Stephens County.
SR 119. By Senator Kemp of the 3rd:
A resolution authorizing the conveyance of certain state owned real property located in Liberty County, Georgia.

984

JOURNAL OF THE SENATE

SR 169. By Senators Marable of the 52nd, Dean of the 31st and Ray of the 19th:
A resolution declaring October 7, 1995 as Martha Berry Day.
HR 384. By Representatives Johnson of the 84th, Bannister of the 77th, Johnston of the 81st, Mobley of the 86th, Dix of the 76th and others:
A resolution creating the Joint Study Committee on Pilot Projects in the Gwinnett Judicial Circuit.
HR 304. By Representatives Epps of the 131st, Murphy of the 18th, Buck of the 135th, Hugley of the 133rd, Smith of the 102nd and others:
A resolution designating the bridge on State Highway 109 over West Point Lake the Wade R. Milam, Jr., Bridge.
HR 293. By Representatives Streat of the 167th, Jenkins of the 110th, Day of the 153rd, Mobley of the 86th, Coker of the 31st and others:
A resolution encouraging school systems in Georgia to adopt the Eddie Eagle Gun Safety Program of the National Rifle Association and commending the Na tional Rifle Association for its development of this program.
HR 459. By Representatives Ashe of the 46th, McBee of the 88th, Smith of the 175th, Hughley of the 133rd, Taylor of the 134th and others:
A resolution recognizing the 100th Year of Women in State Legislatures and commending past and present women legislators.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 459. By Senators Dean of the 31st and Marable of the 52nd:
A bill to amend an Act providing for the Board of Education of Bartow County so as to change the composition of the education districts from which the members of the board are elected; to provide for definitions and inclusions; to provide for terms; to provide for a statement of intent; to provide for submission of this Act to the U. S. Attorney General; to provide when such Act shall be void and re pealed.
Referred to Committee on State and Local Governmental Operations.
SB 460. By Senator Burton of the 5th:
A bill to amend Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service, so as to provide for purchase and dis tribution of specialized telecommunications devices to certain persons who are hearing, speech, mobility, or dual sensory impaired; to define certain terms; to provide legislative findings and declarations; to authorize contracts for adminis tration of the specialized telecommunications device distribution program.
Referred to Committee on Youth, Aging and Human Ecology.

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SB 461. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and Tanksley of the 32nd:
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 the compensation of the tax commissioner, the chief clerk, and the executive secretary.
Referred to Committee on State and Local Governmental Operations.
SR 287. By Senator James of the 35th:
A resolution proposing an amendment to the Constitution so as to provide that a vacancy in the Senate or the House of Representatives that occurs prior to the date of the general primary election preceding the next November general elec tion at which a successor will be elected to a new full term of office shall be filled by the Governor's appointment to such office for the remainder of the unexpired term of office any person who is nominated as a candidate for such office in the general primary election and who will be unopposed in the general election for such office; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on State and Local Governmental Operations - General.
SR 288. By Senators Ray of the 19th and Pollard of the 24th:
A resolution encouraging the Congress of the United States to enact legislation to provide for medical savings accounts.
Referred to Committee on Health and Human Services.
SR 290. By Senator Hooks of the 14th:
A resolution creating the Senate Study Committee on Discretionary Trusts for Disabled Beneficiaries.
Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 129. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 20-2-161 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Formula, so as to change the program weights allotted to state authorized instructional programs.
Referred to Committee on Appropriations.
HB 336. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the eligibility requirements regarding cer tain tax credits for manufacturing facilities; to change limitations applicable to such credits; to change certain provisions relating to tax credits for employers providing approved retraining programs; to change certain provisions relating to tax credits for employers providing child care.
Referred to Committee on Finance and Public Utilities.

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HB 677. By Representative Barnes of the 33rd:
A bill to amend Code Section 40-9-101, relating to self-insurers, so as to change the provisions relating to cash deposits necessary to qualify for a certificate of self-insurance; to change the provisions relating to the transition period in which a person operating as a self-insurer must meet certain requirements con cerning cash deposits.
Referred to Committee on Insurance and Labor.
HB 678. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment for teachers, so as to provide for a salary increase for those persons who have re ceived certification from the National Board for Professional Teaching Stan dards.
Referred to Committee on Education.
HB 680. By Representative Stancil of the 91st:
A bill to amend Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to distilled spirits, so as to provide procedures in counties or municipali ties in which the sale of distilled spirits are not lawful for the call of a referen dum on the question of the issuance of licenses for the sale of distilled spirits for beverage purposes by the drink for consumption on the premises upon the reso lution of the governing authority.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 704. By Representative Cox of the 160th:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to change the provisions relating to the punishment of any person who is drawn and summoned as a juror and who neglects or refuses to appear or who absents himself or herself without leave of the court; to change the provisions relating to jury clerks and other personnel.
Referred to Committee on Judiciary.
HB 846. By Representative Crawford of the 129th:
A bill to amend an Act increasing the compensation of the chairperson and members of the board of commissioners of Upson County, so as to provide for a range of compensation for the chairperson and members of the board of commis sioners of Upson County.
Referred to Committee on State and Local Governmental Operations.
HB 848. By Representative Crawford of the 129th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Pike, so as to reapportion the board of commissioners.
Referred to Committee on State and Local Governmental Operations.

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987

HB 853. By Representative McCall of the 90th:
A bill to amend an Act creating a new charter for the City of Lexington, so as to change the terms of office of the mayor and members of the council.
Referred to Committee on State and Local Governmental Operations.
HB 854. By Representatives McCall of the 90th and Channell of the lllth:
A bill to amend an Act creating the Washington Wilkes Payroll Development Authority, so as to change the definition of the term "project" to include the ac quisition of land for the construction and operation of utility systems and for transportation purposes in connection with industry, commerce, and agricul ture; to authorize the authority to condemn property for the purpose of con structing roads, bridges, or rail lines.
Referred to Committee on State and Local Governmental Operations.
HB 855. By Representatives McCall of the 90th and Channell of the lllth:
A bill to amend an Act making provisions for the Magistrate Court of Wilkes County, so as to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Wilkes County.
Referred to Committee on State and Local Governmental Operations.
HB 856. By Representatives McCall of the 90th and Channell of the lllth: A bill to amend an Act granting a new charter to the Town of Tignall, so as to change the punishment for misdemeanor offenses; to change the punishment for contempt in the municipal court.
Referred to Committee on State and Local Governmental Operations.
HB 857. By Representatives McCall of the 90th and Channell of the lllth: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Wilkes County.
Referred to Committee on State and Local Governmental Operations.
HB 858. By Representatives Bunn of the 74th and O'Neal of the 75th:
A bill to amend an Act entitled "An Act to create a board of commissioners for Rockdale County," so as to provide for the advertising of bids for certain county expenditures; to provide for emergency purchases.
Referred to Committee on State and Local Governmental Operations.
HB 867. By Representative Lakly of the 105th:
A bill to recreate and reincorporate the Town of Woolsey in Fayette County and grant a new charter to that municipality under such corporate name and style.
Referred to Committee on State and Local Governmental Operations.
HB 898. By Representative Jenkins of the 110th:
A bill to provide a new charter for the City of Shady Dale.
Referred to Committee on State and Local Governmental Operations.

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HR 293. By Representatives Streat of the 167th, Jenkins of the 110th, Day of the 153rd and others:
A resolution encouraging school systems in Georgia to adopt the Eddie Eagle Gun Safety Program of the National Rifle Association and commending the Na tional Rifle Association for its development of this program.
Referred to Committee on Education.
HR 304. By Representatives Epps of the 131st, Murphy of the 18th, Buck of the 135th and others:
A resolution designating the bridge on State Highway 109 over West Point Lake the Wade R. Milam, Jr., Bridge.
Referred to Committee on Transportation.
HR 351. By Representative Jamieson of the 22nd:
A resolution authorizing the conveyance of certain state owned real property located in Stephens County.
Referred to Committee on Finance and Public Utilities.
HR 384. By Representatives Johnson of the 84th, Bannister of the 77th, Johnston of the 81st and others:
A resolution creating the Joint Study Committee on Pilot Projects in the Gwinnett Judicial Circuit.
Referred to Committee on Rules.
The following reports of the standing committees were read by the Secretary:
Mr. President: The Committee on Defense and Veterans Affairs has had under consideration the fol
lowing resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SR 266. Do pass.
Respectfully submitted, Senator Harbison of the 15th District, Chairman

Mr. President:

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

HB 253. Do pass.

HB 395. Do pass.

HB 268. Do pass.

HB 646. Do pass.

Respectfully submitted, Senator Walker of the 22nd District, Chairman

MONDAY, MARCH 6, 1995

989

Mr. President:

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

SR 247. Do pass.

SR 254. Do pass.

Respectfully submitted, Senator Scott of the 36th District, Chairman

Mr. President: The Committee on Science, Technology and Industry has had under consideration the
following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 471. Do pass as amended.
Respectfully submitted, Senator Tysinger of the 41st District, Chairman

Mr. President:
The Committee on State and Local Governmental Operations has had under consider ation 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 398. Do pass.

HB 817. Do pass.

SB 437. Do pass.

HB 819. Do pass.

HB 764. Do pass.

HB 789. Do pass.

HB 775. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

SB 71 SB 310 SB 356 SB 400 SB 417 SB 438 SR 204 SR 269 HB 363
HB 578

SB 150 SB 316 SB 366 SB 404 SB 418 SB 446 SR 232 SR 274 HB 379
HR 79

SB 213 SB 317 SB 387 SB 406 SB 420 SB 451 SR 240 HB 62 HB 423
HR 195

SB 246 SB 324 SB 394 SB 408 SB 423 SR 117 SR 242 HB 170 HB 436
HR 233

SB 278 SB 325 SB 396 SB 410 SB 434 SR 179 SR 253 HB 229 HB 444
HR 276

SB 296 SB 329 SB 397 SB 415 SB 436 SR 196 SR 265 HB 288 HB 571

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

Black Blitch Boshears Bowen Broun of 46th Brown of 26th

Burton Cagle Cheeks Clay Crotts Day

Dean Edge Egan Farrow Gillis Glanton

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Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd

Johnson of 1st Kemp Land Langford Madden Marable McGuire Newbill Oliver Pollard

Ragan Ralston Slotin Starr Stokes Thomas Turner Tysinger Walker

Those not answering were Senators:

Abernathy Balfour Middleton

Perdue Ray (presiding) Scott

Tanksley Taylor Thompson

The President Pro Tempore led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Pollard of the 24th introduced the chaplain of the day, Dr. Ed Floyd, pastor of Kiokee Baptist Church, Appling, Georgia, who offered scripture reading and prayer.
Senator Isakson of the 21st introduced John Cox, commended by SR 284, adopted pre viously who addressed the Senate briefly.

The following resolutions were read and adopted:

SR 286. By Senators Ragan of the llth and Bowen of the 13th: A resolution expressing regret at the passing of Lavasky Tommy Ramon King.

SR 291. By Senators Johnson of the 1st and Johnson of the 2nd:
A resolution recognizing and commending the Savannah, Georgia, St. Patrick's Day Parade and Festivities, the 1995 Grand Marshal and the General Chair man, and their aides.

SR 292. By Senator Cagle of the 49th: A resolution commending Dr. Bob G. Lanier.

HR 459. By Representatives Ashe of the 46th, McBee of the 88th, Smith of the 175th and others:
A resolution recognizing the 100th Year of Women in State Legislatures and commending past and present women legislators; and for other purposes.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Monday, March 6, 1995
THIRTY-SECOND LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

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991

*SB 398 Dean, 31st Marable, 52nd CITY OF CARTERSVILLE
An Act to provide a homestead exemption from certain City of Cartersville ad valorem taxes for educational purposes. (Amendment)
SB 437 Griffin, 25th GREENE COUNTY
Amend an Act creating the Board of Commissioners of Greene County to provide for the reimbursement of expenses incurred by the Chairman.
HB 764 Langford, 29th CITY OF EPHESUS
Amend an Act incorporating the City of Ephesus to provide that the compensa tion of the mayor and members of the city council shall be fixed by the city coun cil.
HB 775 Ralston, 51st GORDON COUNTY
Amend an Act creating the office of Commissioner of Gordon County, so as to change the provisions relating to the compensation of the chairperson and mem bers of the board of commissioners.
HB 817 Bowen, 13th TOWN OF SUMNER
Amend an Act to incorporate the town of Sumner.
HB 819 Thomas, 10th AVONDALE ESTATES
Amend an Act to change certain provisions relating to the election of the Board of Mayor and Commissioners of Avondale Estates.
HB 789 Pollard, 24th OGLETHORPE COUNTY
An Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Oglethorpe County.
The amendment to the following bill was put upon its adoption:
*SB 398
Senators Dean of the 31st and Marable of the 52nd offered the following amendment:
Amend SB 398 by striking the word "Form" on line 32, page 3, and adding in lieu thereof the word "From"; on line 6, page 6 strike the word "form" and add in lieu thereof the word "from".
On the adoption of the amendment, the yeas were 50, nays 0; and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to as amended.

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

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Taylor Thomas Turner Tysinger

Those not voting were Senators:

Abernathy Griffin

Ray (presiding) Tanksley

Thompson Walker

On the passage of all the local bills, the yeas were 50, nays 0.
All the bills on the Senate Local Consent Calendar, except SB 398, having received the requisite constitutional majority, were passed.
SB 398, having received the requisite constitutional majority, was passed as amended.

The following uncontested population bill, favorably reported by the committee as listed on the SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS, was put upon its passage:

SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS
Monday, March 6, 1995 THIRTY-SECOND LEGISLATE DAY

HB 517 Pollard, 24th MORGAN COUNTY
By Representative Stancil of the 91st:
A bill to amend Code Section 3-4-90 of the Official Code of Georgia Annotated, relating to authorization by counties or municipalities of issuance of licenses for sale of distilled spirits by the drink, so as to repeal a provision permitting the governing authority of any county having a population of not less than 12,800 nor more than 12,900 according to the United States decennial census of 1990 or any future such census and the governing authority of every municipality in each such county to authorize the issuance of licenses to sell alcoholic beverages by the drink at certain restaurants and private nonprofit clubs after approval by the voters at a referendum.
The report of the committee, which was favorable to the passage of the bill as reported, was agreed to.

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993

On the passage of the bill on the SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour
Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Taylor Turner Tysinger

Those not voting were Senators:

Abernathy Brown of 26th Day Griffin

Langford Ray (presiding) Tanksley

Thomas Thompson Walker

On the passage of the population bill, the yeas were 46, nays 0.
The bill on the SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS, having received the requisite constitutional majority, was passed.
The President assumed the Chair.

SENATE RULES CALENDAR
Monday, March 6, 1995 THIRTY-SECOND LEGISLATIVE DAY

HB 264 Commercial crabbing; license provisions (Nat R--3rd) Tillman--173rd
SB 359 Cemetery--investigators' power of warrantless arrests, summons (Substitute) (S Judy--47th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 1, 1995.)

HB 3 Federal pension income; certain income taxes; claims for refunds (Substitute) (F&PU--18th) Buck--135th
HB 38 Income tax; corporate net income; apportionment formula (F&PU--54th) Buck--135th
HB 120 Jekyll Island--State Park Authority; certain land activity restrictions (Substi tute) (EDT&CA--18th) Smith--174th
HB 489 Pilots and pilotage; amend provisions (EDT&CA--2nd) Dixon--150th
SB 361 Telephone Classified Advertising Directory--solicitation meet requirements (Substitute) (C Aff--47th)

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SR 97 CA: State Commission on Judicial Compensation--General Assembly create (Judy--42nd)
SB 74 Wiretapping--unlawful without consent of other party (Substitute) (Judy-38th)
SR 128 CA: Hazardous Waste Site Investigation--state incur debt to fund (Nat R--6th)
SR 64 CA: City, County Enterprise Zones--creation (F&PU--33rd)
SB 370 MARTA--board member representing state designate replacement person (SLGO-G--39th)
SB 77 Child in Jurisdiction of Juvenile Court--counseling (Substitute) (Judy--38th)
SB 385 Safe Dams Act--extend exemption to those federally operated (Nat R--20th)
SR 162 CA: Court Fees, Certain Cases--additional for child abuse centers (Judy--54th)
SB 375 Permits for Pollutant Discharge into State Waters--limitations (Substitute) (Nat R--12th)
SB 292 Council of Juvenile Court Judges--establishment of seminars (Substitute) (Judy--29th)
SB 247 Education Grants--certain children of active military killed, MIA (D&VA--5th)
SB 347 Guardians--beneficiaries of U.S. Department of Veterans Affairs (Substitute) (D&VA--6th)
SB 346 U.S. Army Reserve--retain special license plate after retiring (D&VA--35th)
SR 228 CA: Island Property Located in Certain Industrial Area--removal (F&PU--1st)
SB 343 Secretary of State--clarify powers to issue rules regarding duties (SLGO-G-- 10th) Respectfully submitted, 1st Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:
HB 264. By Representatives Tillman of the 173rd, Smith of the 175th, Smith of the 174th and others: A bill to amend Code Section 27-4-150, related to the taking, possessing, and dealing in crabs and peelers, so as to provide for a commercial crabbing license. Senate Sponsor: Senator Kemp of the 3rd.
Senator Kemp of the 3rd offered the following amendment:
Amend HB 264 by striking the word three on line 7 page 5 and inserting in lieu the word six. Striking on line 13 page 5 the figure 1% and inserting in lieu the figure 2.
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

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995

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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Cagle

Tanksley

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

The following general bill of the Senate, having been read the third time and action suspended on March 1, pursuant to Senate Rule 143, and placed on the Senate Rules Cal endar for today, was continued upon its passage:

SB 359. By Senator Madden of the 47th:

A bill to amend Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Cemetery Act of 1983," so as to confer the power of warrantless arrest on investigators in certain specified instances; to provide for the issuance of summons at an investigator's discretion in connection with warrantless arrests in certain specified instances; to require owners of a cemetery to adopt rules concerning the maintenance of a cemetery and mer
chandise within it.

The substitute to SB 359 offered by Senator Madden of the 47th on March 1, as it appears in the Journal of March 1, was automatically reconsidered and put upon its adoption.
On the adoption of the substitute, the yeas were 38, nays 0, and the Madden substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to by substitute.

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

Those voting in the affirmative were Senators:

Balfour Black

Blitch Boshears

Bowen Broun of 46th

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Brown of 26th Burton Cheeks Clay Crotts Day Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison

Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ralston Ray Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Cagle Dean

Henson Ragan

Scott Tanksley

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 38. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change the method of allocation and apportion ment of corporate net income of certain corporations for state and local income tax purposes.
Senate Sponsor: Senator Farrow of the 54th.

Senators Slotin of the 39th, Perdue of the 18th and Starr of the 44th offered the follow ing substitute to HB 38:
A BILL
To be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to income taxes, so as to change certain provisions relating to the calculation and payment of income taxes by persons or corporations; to increase the amount of certain exemptions; to increase the amount of certain standard deductions; to change the method of allocation and apportionment of corporate net income of certain corporations for state and local income tax purposes; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by striking subsection (b) of Code Section 48-7-26, relating to personal exemp tions with respect to income taxes, and inserting in its place a new subsection (b) to read as follows:
"(b)(l) An exemption of $0,000.00 $5,000.00 shall be allowed as a deduction in computing Georgia taxable income of a taxpayer and spouse, but only if a joint return is filed.

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(2) An exemption of $1,500.00 $2,500.00 shall be allowed as a deduction in computing Georgia taxable income for each taxpayer other than a taxpayer who files a joint return.
(3)(A) For taxable years beginning on or after January 1, 1994, and prior to January 1, 1995, an exemption of $2,000.00 for each dependent of a taxpayer shall be allowed as a deduction in computing Georgia taxable income of the taxpayer.
(B) For taxable years beginning on or after January 1, 1995, an exemption of $2,500.00 for each dependent of a taxpayer shall be allowed as a deduction in computing Georgia taxable income of the taxpayer."
SECTION 2.
Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 48-7-27, relating to the computation of taxable net income, and inserting in its place a new paragraph (1) to read as follows:
"(a)(l) Either the sum of all itemized nonbusiness deductions used in computing federal taxable income if the taxpayer used itemized nonbusiness deductions in computing fed eral taxable income or, if the taxpayer could not or did not itemize nonbusiness deduc tions, then a standard deduction as provided for in the following subparagraphs:
(A) In the case of a single taxpayer or a head of household, $2,300.00 $3,900.00;
(B) In the case of a head of household, $5,750.00;
(fiXC) In the case of a married taxpayer filing a separate return, $1,000.00 $3,275.00;
(XD) In the case of a married couple filing a joint return, $3,000.00 $6,550.00;
(BKE) An additional deduction of $700.00 $1,250.00 for the taxpayer if he such taxpayeFhas attained the age of 65 before the close of his such taxpayer's taxable year. An additional deduction of $700.00 $1,250.00 for the spouse of the taxpayer shall be al lowed if a joint return is made by the taxpayer and his such taxpayer's spouse and the spouse has attained the age of 65 before the close of the taxable year; and
(EKF) An additional deduction of $700.00 $1,250.00 for the taxpayer if he such tax payer is blind at the close of the taxable year. An additional deduction of $700:88 $1,250.00 for the spouse of the taxpayer shall be allowed if a joint return is made by the taxpayer and his such taxpayer's spouse and the spouse is blind at the close of the taxable year. For the purposes of this subparagraph, the determination of whether the taxpayer or the spouse is blind shall be made at the close of the taxable year except that, if either the taxpayer or the spouse dies during the taxable year, the determina tion shall be made as of the time of the death;".
SECTION 3.
Said chapter is further amended by striking paragraph (2) of subsection (d) of Code Section 48-7-31, relating to the allocation and apportionment of corporate net income for state in come tax purposes, and inserting in its place a new paragraph (2) to read as follows:
"(2) Where the net business income of the corporation is derived principally from the manufacture, production, or sale of tangible personal property, the portion of the net income therefrom attributable to property owned or business done within this state shall be taken to be the portion arrived at by application of the following tlnee fac-tui formula:
(A) Property factor. The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the aver age value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period;
(i) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate re ceived by the taxpayer from subrentals;

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(ii) The average value of property shall be determined by averaging the values at the beginning and end of the tax period, except that the commissioner may require the averaging of monthly values during the tax period if such averaging is reasonably required to reflect properly the average value of the taxpayer's property;
(B) Payroll factor. The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period. The term 'compensation' means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. Payments made to an independent contractor or any other person not properly classified as an employee are excluded. Compensation is paid in this state if:
(i) The employee's service is performed entirely within this state;
(ii) The employee's service is performed both within and outside this state and the service performed outside this state is incidental to the employee's service within this state; or
(iii) Some of the service is performed in this state and either the base of operations or the place from which the service is directed or controlled is in this state or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed but the employee's residence is in this state;
(C) Gross receipts factor. The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from business done every where during the tax period. For the purposes of this subparagraph, receipts shall be deemed to have been derived from business done within this state only if the receipts are received from products shipped to customers in this state or products delivered within this state to customers. In determining the gross receipts within this state, re ceipts from sales negotiated or effected through offices of the taxpayer outside this state and delivered from storage in this state to customers outside this state shall be excluded;
(D) Apportionment formula. The property factor, the payroll factor, and the gross receipts factor shall be separately determined and the three percentages aveiaged an apportionment fraction shall be calculated using the following formula:
(i) The property factor shall represent 25 percent of the fraction;
(ii) The payroll factor shall represent 25 percent of the fraction; and
(iii) The gross receipts factor shall represent 50 percent of the fraction. The net income of the corporation shall be apportioned to this state according to such average fraction;".
SECTION 4.
Said chapter is further amended by striking subsection (a) of Code Section 48-7-141, relat ing to the imposition of local income taxes, and inserting in its place a new subsection (a) to read as follows:
"(a) Subject to the requirement of a referendum election as provided in this article, the governing authority of each county or municipality of this state, by ordinance or resolu tion enacted pursuant to the procedure set forth in this article, may adopt a local income tax at the rate of 1 percent upon the entire Georgia taxable net income as defined in Code Section 48-7-27 of every resident individual of the county or municipality and of every corporation and fiduciary with respect to that portion of its Georgia taxable net income which is reasonably attributable to property owned and business done by it within the county or municipality, to be determined by application of the tluee factor ratio in the same manner as otherwise provided in Code Section 48-7-31 for state income tax purposes!"

MONDAY, MARCH 6, 1995

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SECTION 5.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1996.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.,
Senator Balfour of the 9th requested a ruling from the Chair as to the germaneness of the substitute offered by Senators Slotin of the 39th, Perdue of the 18th and Starr of the 44th.
The President ruled the substitute germane.
Senator Johnson of the 1st offered the following amendment:
Amend the Slotin, et al substitute to HB 38 by changing "$6,550.00" to "$7,800" on line 21, page 2.
On the adoption of the amendment, the yeas were 44, nays 0, and the Johnson of the 1st amendment to the Slotin, et al. substitute was adopted.
Senators Isakson of the 21st and Johnson of the 1st offered the following amendment:
A"3m,9e0n0d". the Slotin, et al. substitute to HB 38 by changing "3,275" on line 19 page 2 to
On the adoption of the amendment, the yeas were 44, nays 0, and the Isakson and Johnson of the 1st amendment to the Slotin, et al. substitute was adopted.
On the adoption of the substitute, the yeas were 51, nays 0, and the Slotin, et al. sub stitute was adopted as amended.
Pursuant to Senate Rule 143, action on HB 38 was suspended, and HB 38 was placed on the General Calender.
HB 120. By Representatives Smith of the 174th and Tillman of the 173rd:
A bill to amend Code Section 12-S-243 of the Official Code of Georgia Annotated, relating to subdivision, improvement, lease, or sale of Jekyll Island by the Jekyll Island--State Park Authority, so as to restrict certain activities on, over, or within 65 percent of the land area of Jekyll Island which lies above water at mean high tide. Senate Sponsor: Senator Perdue of the 18th.
The Senate Committee on Economic Development, Tourism and Cultural Affairs of fered the following substitute to HB 120:
A BILL
To be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to change certain provisions relative to the delegation of certain duties of the commissioner of natural resources; to create the Recrea tional Authorities Overview Committee; to provide for a report with regard to the authori ties subject to legislative overview by the Recreation Authorities Overview Committee; to provide for the appointment of members to the Stone Mountain Memorial Association in cluding one additional member; to provide for the appointment by the Governor of a chairperson of the association from the membership and his or her terms as chairperson; to define a certain term relative to such association; to provide for a master plan of Stone Mountain; to provide a procedure for the amendment of the master plan; to restrict devel opment within a certain area; to define certain terms relative to the Jekyll Island--State

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Park Authority; to provide that a certain area of Jekyll Island shall be protected from de velopment and alienation; to add three additional members to the Jekyll Island -- State Park Authority; to provide for the appointment by the Governor of a chairperson of the said authority from the membership and his or her terms as chairperson; to provide for an an nual audit by the state auditor of the books and records of the authority; to provide for a Citizens Resource Council for the authority on matters concerning Jekyll Island; to provide for a master plan of Jekyll Island; to provide a procedure for the amendment of the master plan; to restrict development within a certain area; to define a certain term relative to the North Georgia Mountains Authority; to reconstitute the membership of the authority and to provide for the appointment by the Governor of a chairperson from the membership and his or her terms as chairperson; to provide for an annual audit by the state auditor of the books and records of the authority; to provide for the powers of the said authority; to pro vide for a master plan of the said authority's projects; to provide a procedure for the amend ment of the master plan; to define a certain term relative to the Lake Lanier Islands Development Authority; to provide for the appointment by the Governor of a chairperson from the membership of the authority and his or her terms as chairperson; to provide for an annual audit by the state auditor of the books and records of the authority; to provide for the powers of the said authority; to provide for a master plan of the said authority's projects; to provide a procedure for the amendment of the master plan; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA;
SECTION 1.
Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking in its entirety subsection (b) of Code Section 12-2-1, relat ing to the creation of the Department of Natural Resources, and inserting in lieu thereof the followings
"(b)(l) There is created the position of commissioner of natural resources. The commis sioner shall be both appointed and removed by the Board of Natural Resources subject to approval of the Governor. Subject to the general policy established by the Board of Natu ral Resources, the commissioner shall supervise, direct, account for, organize, plan, ad minister, and execute the functions vested in the Department of Natural Resources by this article.
(2)(A) Except a& provided in subpaiagiaph (B) uf this paiagiaph, the The commissioner may delegate to any person in the Department of Natural Resources the power to be present and participate, including the power to vote as his or her representative or substitute, at any meeting, hearing, or other proceeding of any association, authority, committee, board, or other body upon which the commissioner serves pursuant to this title.
\j->j xTis cou.ijLLij.tSi.01161' m&y not el&16^&I nis ^iow^r to 06 present <iiici pctrticip3.te ETC or tlic t>ton6
&.nd insy o.i:iitijiit<j His pow^r to DC presenij cmci ^jLintitip3xe at iiiccLnigo, n.c*iinnigs( 01 other proceedings of the Jekyll Uland State Park Authority ui the Lake Laniei Islands Development Authority uiily to that person within the Department of Natural Resources wiio is responsiDle loi7 sLcit pfl.i'K.s.

MONDAY, MARCH 6, 1995

1001

SECTION 2.

Said title is further amended by designating Code Sections 12-3-1 through 12-3-11 as Part 1 of Article 1 and by inserting at the end thereof a new Part 2 to read as follows:

12-3-20.

"Part 2

There is created as a joint committee of the General Assembly the Recreational Authori ties Overview Committee to be composed of three members of the House of Representa tives appointed by the Speaker of the House of Representatives and three members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the Speaker of the House of Representatives from the membership of the committee, and the vice chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee. The chairperson and vice chairperson shall serve terms of two years concur rent with their terms as members of the G-eneral Assembly. Vacancies in an appointed member's position or in the offices of chairperson or vice chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Stone Mountain Memorial Association, the Jekyll Island--State Park Authority, the North Georgia Mountains Authority, and the Lake Lanier Islands Development Authority and shall periodically review and evaluate the success with which each of the said authorities is accomplishing its statutory duties and functions as provided in this chapter.
12-3-21.
The state auditor, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties as set forth in this part.
12-3-22.

The Stone Mountain Memorial Association, the Jekyll Island--State Park Authority, the North Georgia Mountains Authority, and the Lake Lanier Islands Development Author ity shall cooperate with the committee, its agents, the Attorney General, the state audi tor, and other state agencies in order that the duties of the committee set forth in this part may be timely and efficiently discharged. Each of the named authorities shall sub mit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. At least annually the commissioner of natural resources and the department's director of state parks and historic sites shall make a report to the committee of any legislative changes or revisions that may be needed to assist the named authorities in accomplishing their statutory duties and functions as provided in this chapter, either individually or as a group. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the authorities named in this part. The committee shell, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the chairpersons of the appropriate standing com mittees of each house of the General Assembly a report of its findings and recommenda tions based upon the review of each of the named authorities, as set forth in this part.
12-3-23.

In the discharge of its duties, the committee shall evaluate the performance of the Stone Mountain Memorial Association, the Jekyll Island--State Park Authority, the North

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Georgia Mountains Authority, and the Lake Lanier Islands Development Authority con sistent with the following criteria:
(1) Prudent, legal, and accountable expenditure of public funds;
(2) Efficient operation; and
(3) Performance of its statutory responsibilities. 12-3-24.
(a) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel; paying for services of independent accountants, engineers, and consultants; and paying all other necessary expenses incurred by the committee in performing its duties.
(b) The members of the committee shall receive the same compensation, per diem, ex penses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees.
(c) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government.
12-2-2G 12-3-25.
The committee shall report in each of its annual reports to the chairperson of the stand ing committees of each house of the General Assembly whether or not any of the authori ties named in this part have undertaken activities having a projected cost of over $1 million without having first evaluated the feasibility of involving private persons or enti ties in the development, construction, operation, and management of the authority's ex isting projects and such proposed activities or has failed to file a copy of such evaluation with the Office of Planning and Budget."
SECTION 3.
Said title is further amended by striking in its entirety Code Section 12-3-191, relating to definitions relative to the Stone Mountain Memorial Association, and inserting in lieu thereof the following:
"12-3-191.
As used in this part, the term:
(1) 'Association' means the Stone Mountain Memorial Association created by this part or any authority or body in which the duties and liabilities of the association created hereby may hereafter become vested.
(2) "Bonds' or 'revenue bonds' means any bonds issued by the association under this part, including refunding bonds.
(3) 'Cost of project' means the cost of acquiring, constructing, developing, improving, equipping, adding to, extending, remodeling, managing, and operating the project or any part thereof, including, without being limited to, the cost of all lands, properties, franchises, easements, and rights in property; the cost of all machinery and equipment necessary for constructing, improving, developing, adding to, remodeling, managing, maintaining, and operating the project; financing charges and interest accruing on any bonds issued by the association prior to and during the period estimated as necessary to complete the construction, development, and improvement of the project, and for one year thereafter; the cost of plans and specifications; the cost of engineering, engineers, and architects; legal fees; other expenses necessary or incident to determining the feasi bility or practicality of the project or any part thereof; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized by this part, including fiscal agents' fees and the estimated cost of operating the project for a period of not exceeding 12 months, and the expense of construction, development, im provement, management, maintenance, operation, or any other action permitted by this

MONDAY, MARCH 6, 1995

1003

part with respect to the project and the placing of the same in operation, and including any other expense authorized by this part to be incurred by the association which is incurred with respect to any action as regards the project. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a cost of the project and may be paid or reimbursed as such out of the proceeds of bonds issued under this part for such project.
(4) 'Governing authority of a county' means the commissioner, board of commissioners, commission, or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any county.
(5) 'Governing authority of a municipality" means the council, board of aldermen, or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any municipal corporation.
(6) 'Master plan' means that document created by Robert and Company and adopted by the association in December, 1992, consisting of districts and plans for various construc tion projects as amended prior to January 1, 1995, and as it may be amended from time to time pursuant to Code Section 12-3-194.2.
(6X7) 'Project' means Stone Mountain and property adjacent thereto acquired by the as sociation and all accommodations, utilities, facilities, services, and equipment necessary or convenient, and all property, real, personal, or mixed, used or useful, including franchises and easements, in constructing, erecting, improving, remodeling, developing, equipping, adding to, extending, maintaining, managing, and operating Stone Mountain, located in DeKalb County, Georgia, and property adjacent thereto, as a Confederate me morial and public recreational area, and the construction, improvement, development, maintenance, management, operation, and extension of any part thereof, as to which the association has undertaken or agreed to undertake any action permitted by this part."
SECTION 4.
Said title is further amended by striking in its entirety Code Section 12-3-193, relating to the membership of the Stone Mountain Memorial Association and the appointment of members, and inserting in lieu thereof the following:
"12-3-193.
(a) The association shall be composed of the commissioner of natural resources or his or her designee and seven eight members to be appointed by the Governor, one of whom shall be a resident of the metropolitan Atlanta area. The members appointed by the Governor shall be appointed for terms of four years, with the beginning and ending dates of terms to be specified by the Governor, and until the appointment and qualification of their successors, except that the fourth member to be appointed by the Governor as pro vided for in this part shall be appointed for an initial term of three years and until the appointment and qualification of his or her successor, and except that the members of the association appointed by the Governor and in office on July 1, 1978, shall continue in office until the expiration of the terms for which they were appointed and until the ap pointment and qualification of their successors, and except that the fifth member to be appointed by the Governor shall be appointed for an initial term beginning July 1, 1985, and ending December 31, 1987, and until the appointment and qualification of a succes sor. Appointments by the Governor to fill vacancies on the association shall be made for the unexpired term.
\t37 J.T16 C^jiiiLiLU.tJ.OIicll ulilCtil'S lliiiiliiu LO tlic ciS60Ci<itiOii. Slicill liliiilc^Ul^Lcl^ cliL^i OJ30I1
CllGi!' iiU.Lit3& \VitllOUL Ilii'tllSI* ctOL 01 lOl'iiiclllvyj &I1C1 tlWi ^)ctl&G.iiS ci^j^Oiii wSu Oy tllti (jrOVGmor
SI13.11 D6 COiUlfJUSu. Dy Lliti o&iitiLt^ 15 HGVlClGCl \jy l&W.
\C/\D^ i US ASSOCiclviOii Silcill filGCt OB.6 01 its iliOiUOtil'S IS Crl^Lil'illcLll kiid eliiOLrici' SLO ViCc
Governor. The Governor shall appoint the chairperson of the association for a term of one year from among the members of the association which the Governor appoints. A

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JOURNAL OF THE SENATE

member may serve no more than two consecutive terms as chairperson nor more than two terms as chairperson in any one four year term as a member of the association. The association shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person.
(trXc) The association may make such bylaws for its government as is deemed necessary butTs under no duty to do so.
Any fbnr five members of the association shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the associ ation by this part. No vacancy on the association shall impair the right of a quorum to transact any and all business as aforesaid.
The members shall receive no compensation for their services, but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the association shall receive reasonable compensation, to be determined by the members of the associa tion, for their services.
tgXf) Members of the association shall be accountable as trustees. They shall cause to be kept adequate books and records of all transactions of the association, including records of income and disbursements of every nature. The books and records shall be inspected and audited by the state auditor at least once in each year."
SECTION 5.
Said title is further amended by striking in their entirety paragraphs (2), (3), and (6) of Code Section 12-3-194, relating to powers of Stone Mountain Memorial Association, gener ally, and inserting in lieu thereof, respectively, the following:
"(2) To acquire Stone Mountain and such surrounding area as the association may deem necessary for the proper development, management, preservation, and protection of Stone Mountain, by purchase from the owner or owners thereof, and to pay therefor such price as may be agreed upon;
(3) To acquire, by purchase, lease, or otherwise, and to hold, lease, and dispose of, in any manner, real and personal property of every kind and character for its corporate pur poses; provided, however, that as provided in subsection (b) of Code Section 50-16-3.1, no real property may be sold unless necessary for a public road right of way;"
"(6) To construct, reconstruct, lay out, repair, develop, improve maintain, equip, manage, and operate the project as defined in Code Section 12-3-191, the cost of any such action to be paid in whole or in part from the proceeds of revenue bonds of the association; pro vided however, that:
(A) The the association shall not undertake any such activity having a projected cost of over $1 million unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the project, including the proposed activities, and has filed a copy of such evaluation with the Of fice of Planning and Budget and with the Recreation Authorities Overview Conmittee; and
(B) Except as contained in the master plan as it existed on January 1, 1995, no devel opment shall occur within the bounds of the natural district. The venues for the 1996 Summer Olympic Games for archery and for the velodrome shall be removed at the MJihpletion of the Olympic Games and the grounds returned to an undeveloped state. ATter the removal of such construction, only construction contained in the master plan aslt existed on January 1, 1995, may take place in the natural district except as the master plan may be amended in accordance with Code Section 12-3-194.2."

MONDAY, MARCH 6, 1995

1005

SECTION 6.
Said title is further amended by inserting immediately following Code Section 12-3-194.1 a new Code section to read as follows:
"12-3-194.2.
(a) The association, in the exercise of its authority to develop, manage, preserve, and protect Stone Mountain, shall be guided by and shall adhere to the master plan. That area shown on the master plan as the 'natural district' shall be surveyed on or before December 1, 1995, by a Georgia registered engineer or surveyor and that survey, as ap proved by the association members at a regularly scheduled public meeting of the associ ation, shall become a part of the master plan.
(b) The association may, from time to time, amend the master plan but only in compli ance with the following procedure:
(1) Any proposed amendment to the master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meeting of the association;
(2) A brief summary of the proposed change shall be advertised in the legal organs of DeKalb and Gwinnett counties along with the date on which a meeting of the associa tion shall be held to consider the proposed change. Directions as to the manner of re ceiving comments from the public, including the time and place of the public hearing on the proposed change required by paragraph (6) of this subsection, shall be provided. Information describing the proposed change and the public hearing also shall be dis tributed to the media by news release and published in appropriate publications of the association;
(3) The association shall transmit three copies of the summary provided for in para graph (2) of this subsection to the legislative counsel. The copies shall be transmitted at least 30 days prior to the date of the association's intended action. Within three days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding officers of each house with a copy of the summary, and the presiding officers shall assign the summary to the chairperson of the appropriate standing committee in each house for review and provide a copy to any member of that house who makes a stand ing 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 summary to the chairperson of the appropriate standing committee and provide the copies to members of each house who have made standing written requests. The legislative counsel shall also transmit within the time limitations provided in this sub section a notice of the assignment to the chairperson of the appropriate standing committee;
(4) In the event a standing committee to which a summary is assigned as provided in paragraph (3) of this subsection files an objection to a proposed amendment to the master plan with the chairperson of the association prior to its adoption and the associ ation adopts the proposed amendment over the objection, the amendment may be con sidered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the amend ment at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of the association if it adopts a proposed amendment to the master plan over such objection to notify the presiding officers of the Senate and the House of Representatives, the chairpersons of the Senate and House committees to which the summary was referred, and the legislative counsel within ten days after the adoption of the amendment to the master plan. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the

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amendment to the master plan. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the amendment shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of the Governor's veto, the amendment to the master plan shall remain in effect. In the event of the Governor's approval, the amendment to the master plan shall be void on the day after the date of his or her approval;
(5) Any proposed changes to the boundaries of that area delineated on the master plan as the natural district shall be surveyed and marked at least seven days prior to the public hearing required by paragraph (6) of this subsection in such a fashion as to be readily discernable on the ground by members of the public;
(6) A public hearing shall be held no earlier than 15 days after the most recent publica tion of the notice required by paragraph (2) of this subsection in either the legal organ of DeKalb or Gwinnett County; and
(7) No sooner than 30 days after the meeting of the association at which the proposed change was announced pursuant to paragraph (1) of this subsection, the association shall meet and consider in an open and public meeting the proposed change which, if approved, shall become a part of the master plan, subject, however, to the provisions of paragraph (4) of this subsection."
SECTION 7.
Said title is further amended by striking in its entirety Code Section 12-3-231, relating to definitions relative to the Jekyll Island--State Park Authority, and inserting in lieu thereof the following:
"12-3-231.
As used in this part, the term:
(1) 'Authority' means the Jekyll Island--State Park Authority created by this part.
(2) 'Bonds' or 'revenue bonds' means any bonds issued by the authority under this part, including refunding bonds.
(3) 'Cost of the project' means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after com pletion of construction; cost of engineering; architectural and legal expenses, cost of plans and specifications, and other expenses necessary or incident to determining the feasibil ity or practicability of the project; administrative expense; and such other expenses as may be necessary or incident to the financing authorized by this part, the construction of any project, the placing of the same in operation, and the condemnation of property nec essary for such construction and 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 this part for such project.
(4) "Master plan' means that document to be created under the auspices of and adopted by the authority of Jekyll Island and as it may be amended from time to time pursuant to Code Section 12-3-243.1.
(4X5) 'Park' means present and future parks, parkways, park and recreational resources andTacilities of the state or any department, agency, or institution of the state, and any such facility constituting part of the State Parks System and shall specifically include Jekyll Island State Park.
(5X6) 'Project' means any subdivision, hotel, cottage, apartment house, public building, school, utility, dock, facility, watercourse, airport, bridge, golf course, tennis court, or other resort recreational facility. This term also means one or a combination of two or

MONDAY, MARCH 6, 1995

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more of the following: buildings and facilities, and all other structures, electric, gas, steam, water, and sewerage utilities and facilities of every kind and character deemed by the authority to be necessary or convenient for the efficient operation of any department, board, commission, authority, or agency of the State of Georgia."
SECTION 8.
Said title is further amended by striking in its entirety Code Section 12-3-233, relating to the membership of the Jekyll Island--State Park Authority and the appointment of mem bers, and inserting in lieu thereof the following:
"12-3-233.
(a) The authority shall be composed of the commissioner of natural resources or his or her designee and fire eight residents of this state, one two of whom shall be from the coastal area~of Georgia Chatham, Bryan, Liberty, Mclntosh, Glynn, or Camden counties, to be appointed by the Governor. The five eight members appointed by the Governor shall be selected from the state at large but shall be representative of the geographical areas of the state. Except as provided in this Code section, the The members appointed by the Governor shall serve for a term of four years and until the appointment and quali fication of their successor, except that the teim uf thu. The first four appointments made by the Governor shall be as follows: one member shall be appointed for a term of one year beginning July 1, 1978; one member shall be appointed for a term of two years beginning July 1, 1978; one member shall be appointed for a term of three years begin ning July 1, 1978; and one member shall be appointed for a term of four years beginning July 1, 1978. The fifth member appointed by the Governor shall serve for a term of four years beginning July 1, 1984. The sixth member appointed by the Governor shall serve for an initial term beginning upon appointment and ending on June 30, 1997. The sev enth member appointed by the Governor shall serve for an initial term beginning upon appointment and ending on June 30, 1998. The eighth member appointed by the Governor shall serve for an initial term beginning upon appointment and ending on June 30, 1999. Subsequent terms for those members appointed as the sixth, seventh, and eighth members, or their successors, shall be for four years. An appointment by the Governor to fill a vacancy shall be made for the unexpired term.
(b) The Governor shall appoint the chairperson of the authority for a term of one year. A member may serve no more than two consecutive terms as chairperson nor more than two terms as chairperson in any one four year term as a member of the authority. The authority shall elect one of its members as criaiiuiaii and uue ah vice chairman" vicechairperson and shall elect a secretary and treasurer who may not necessarily be a member of the authority. The chairman chairperson shall be selected from among the mem bers appointed by the Governor.
(c) Pour Five members of the authority shall constitute a quorum. No vacancy in the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.
(d) The members of the authority shall not be entitled to compensation for their services but shall be reimbursed for their actual expenses necessarily incurred in the perform ance of their duties.
(e) The members of the authority shall constitute the policy-making body of the author ity. The authority shall employ a full-time executive director to execute the policy deci sions of the authority and to provide continuing professional management of the day-loday day-to-day activities of the authority."

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SECTION 9.
Said title is further amended by striking in its entirety Code Section 12-3-234, relating to the accountability of the members of the Jekyll Island--State Park Authority as trustees, and inserting in lieu thereof the following:
"12-3-234.
The members of the authority shall be accountable in all respects as trustees. The au thority shall keep suitable and proper books and records of all receipts, income, and ex penditures of every kind and shall submit for inspection all of the books, together with a proper statement of the authority's financial position, once a year on or about December 31 to the state auditor. The books and records shall be inspected and audited by the state auditor at least once in each year."
SECTION 10.
Said title is further amended by inserting immediately following Code Section 12-3-233 a new Code section to read as follows:
"12-3-233.1.
(a) The Governor shall appoint a body to be known as the Jekyll Island Citizens Resource Council. The purpose of the Citizens Resource Council shall be to improve, foster, and encourage communication and the exchange of thoughts and ideas between the authority and the community of persons interested in Jekyll Island including, but not limited to, residents of Jekyll Island; owners, operators, and employees of businesses located on or providing services to Jekyll Island; and environmental organizations.
(b) The Citizens Resource Council shall consist of seven members. Three members shall be representative of the Jekyll Island residential and business community with two of these members being residents of Jekyll Island and one being an owner, manager, or employee of a business or commercial facility located on Jekyll Island. Four members shall be appointed at large. The term of each member shall be for two years, provided that of the members first appointed, three shall be appointed for terms of one year, and four for terms of two years. Vacancies shall be filled by similar appointment for unexpired terms.
(c) The Citizens Resource Council shall meet once a month. The meetings shall be at tended by the authority's executive director and at least one member of the authority. Once in every calendar quarter, the meeting of the Citizens Resource Council shall be held as a town meeting at which comments and sentiments from the Jekyll Island com munity at large may be received.
(d) The Citizens Resource Council shall be available to consult with the authority, if re quested by the authority to do so, as to the authority's programs, projects and actions concerning Jekyll Island. The Citizens Resource Council may also, upon request of the authority, review and prepare written comments on proposed authority plans and projects. Such written comments may be submitted to the authority's executive director, the authority, and the Governor.
(e) Members of the Citizens Resource Council shall serve without compensation, but its members who are not employees or officials of state or local governmental entities shall receive reimbursement from funds available to the authority for their actual expenses necessarily incurred in the performance of their duties."

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SECTION 11.
Said title is further amended by striking in its entirety Code Section 12-3-235, relating to the powers of the Jekyll Island--State Park Authority generally, and inserting in lieu thereof the following:
"12-3-235.
The authority shall have power:
(1) To have a seal and alter it at pleasure;
(2) To acquire, hold, and dispose of personal property for its corporate purposes;
(3) To sell, by competitive bids, and dispose of all junk, salvage, and surplus materials, together with all obsolete, unused, or surplus machinery or equipment now or in the future upon or affixed to its leasehold property; and to apply the proceeds therefrom to permanent improvements on the island;
(4) To appoint and select officers, agents, and employees, including engineering, archi tectural, and construction experts and attorneys, and to fix their compensation;
(5) To make contracts, and to execute all instruments necessary or convenient, includ ing contracts for construction of projects or contracts with respect to the leasing or use of protects which it causes to be subdivided, erected, or acquired;
(6) To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, re pair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Code Section 12-3-231, to be located on property owned or leased by the authority, the cost of any such project to be paid from its income, from the proceeds of revenue anticipation certificates of the authority, or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof, or from the State of Georgia; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1 million unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed ac tivities and has filed a copy of such evaluation with the Office of Planning and Budget and with the Recreational Authorities Overview Committee;
(7) To accept loans and grants, either or both, of money or materials or property of any kind from the United States uf America or any agency or instrumentality thereof, in cluding the Department of Housing and Urban Development, upon such terms and conditions as the United States of America or such agency or instrumentality, includ ing the Department of Housing and Urban Development, may impose;
(8) To borrow money for any of its corporate purposes, to issue negotiable revenue an ticipation certificates from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof;
(9) To exercise any power usually possessed by private corporations performing similar functions, which power is not in conflict with the Constitution and laws of this state;
(10) To act as agent for the United States of America or any agency, department, corpo ration, or instrumentality thereof, in any manner coming within the purposes or pow ers of the authority;
(11) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner 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;
(12) To receive gifts, donations, or contributions from any person, firm, or corporation;
(13) To hold, use, administer, and expend, for any of the purposes of the authority, such sum or sums as may hereafter be received as income or as gifts or as may be appropriated by authority of the General Assembly;

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(14) To do any other things necessary or proper to beautify, improve, and render selfsupporting the island park, to make its facilities available to people of average income, and to advertise its beauties to the world;
(15) To acquire in its own name, by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with any and all existing laws applicable to the condemnation of property for public use, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to be the best advantage of the authority, the authority being under no obliga tion to accept and pay for any property condemned under this part except from the funds provided under the authority of this part; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or pro ceeding as may be just to the authority and to the owners of the property to be con demned; and no property shall be acquired under this part upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the authority shall deem it expedient to construct any project on lands which are a part of the real estate holdings of the State of Georgia, the Governor is authorized to execute, for and on behalf of the state, a lease upon such lands to the authority for such parcel or parcels as shall be needed for a period not to exceed 50 years; and if the authority shall deem it expedient to construct any project on any other lands, the title to which shall then be in the State of Georgia, the Governor is author ized to convey, for and in behalf of the state, title to such lands to the authority;
(16) 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;
(17) To make contracts and leases, and to execute all instruments necessary or conve nient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired; 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 general ity of the above, authority is specifically granted to any department, board, commis sion, or agency of the State of Georgia to enter into contracts and lease agreements for the use of any structure, building, or facility, or a combination of any two or more structures, buildings, or facilities, of the authority for a term not exceeding 50 years; and any department, board, commission, or agency of the State of Georgia may obli gate itself to pay an agreed sum for the use of such property so leased and also to obligate itself as part of the lease contract to pay the cost of maintaining, repairing, and operating the property so leased from the authority;
(18) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, im prove, equip, operate, and manage projects as defined in Code Section 12-3-231, to be located on property owned by or leased by the authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States uf America, or the State of Georgia, or any agency or instrumentality thereof;
(19) To borrow money for any of its corporate purposes, to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the pay ment of the same and for the rights of the holders thereof;
(20) To grant franchises to and make contracts with utility companies, both public and private, providing electric light or power, gas, steam heat, telephone, telegraph, cable, television, water, or sewerage services, for the use and occupancy of Jekyll Island or any part thereof, on an exclusive or nonexclusive basis; to permit the rendering of such

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utility services upon such conditions and for such time as the authority may deem appropriate or convenient;
(21) To do all things necessary or convenient to carry out the powers expressly given in this part; and to do any and all other acts and things which this part authorizes or requires to be done, whether or not included in the general powers mentioned in this Code section;
(22) To provide and operate, at the discretion of the authority, a fire department which shall have the powers of a fire department of a county, municipality, or other political subdivision set forth in Chapter 3 of Title 25 and to exercise the powers of a county, municipality, or other political subdivision set forth in Code Section 25-3-4; and Code Section 25-2-38.1 shall be applicable to the authority and any fire department of the authority in the provision of fire protection and suppression services provided;
(22.1) To sell, upon obtaining a license from the Department of Revenue, alcoholic bev erages for consumption on the premises only upon property operated and controlled by the authority and located within the territorial limits of Jekyll Island, Georgia; and
(23) To charge fees to all persons, natural and artificial, using or relying upon fire protection and suppression services or public safety services provided by the authority or the Uniform Division of the Department of Public Safety, which fees and each in stallment thereof and the interest thereon shall be liens against each tract of land benefited by the fire protection and suppression services or public safety services so provided from the date each such fee is charged until fully paid; and such liens shall be superior to all other liens, except liens for state and county taxes and taxes levied for any and all school purposes, and shall be collected by officers designated by the author ity in the same manner as state and county taxes are collected. The annual amount of any fee charged to any person, natural or artificial, or upon any property owned or leased by any such person under this paragraph shall not exceed the annual amount which would be levied for such services by the County of Glynn in the form of ad valorem taxes if such services had been provided by the County of Glynn."
SECTION 12.
Said title is further amended by striking in its entirety subsection (a) of Code Section 12-3243, relating to the subdivision, improvement, and alienation of certain property located on Jekyll Island, and inserting in lieu thereof the following:
"(a)(l) The authority is empowered to survey, subdivide, improve, and lease or sell to the extent and in the manner provided in this part, as subdivided and improved, not more than 35 percent of the land area of Jekyll Island which lies above water at mean high tide, provided that the authority shall in no way sell or otherwise dispose of any riparian rights; and provided, further, that the beach areas of Jekyll Island will never be sold but will be kept free and open for the use of the people of the state.
(2) The authority shall not survey, subdivide, improve, lease, sell, develop, or otherwise cause a project to be constructed on the 65 percent of the land area of Jekyll Island which the authority is not empowered to survey, subdivide, improve, and lease or sell pursuant to paragraph (1) of this subsection; provided, however, that nothing in this paragraph shall be construed as to require the removal of any improvement on such land area which was completed on the effective date of this paragraph."
SECTION 13.
Said title is further amended by inserting immediately following Code Section 12-3-243 a new Code section to read as follows:
"12-3-243.1.
(a) The authority shall, on or before July 1, 1996, cause to be created a master plan for the management, preservation, protection, and development of Jekyll Island. The master plan shall delineate, based upon aerial survey, the present and permitted future uses of

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the land area of Jekyll Island which lies above water at mean high tide and shall desig nate areas to be managed as environmentally sensitive, historically sensitive, and active use areas. The master plan shall also delineate the boundaries of the area or areas delin eated on the master plan as the 65 percent of the land area of Jekyll Island which lies above water at mean high tide and over which the authority has no power to improve, lease, or sell pursuant to subsection (a) of Code Section 12-3-243. If the aerial survey demonstrates that the percentage of undeveloped land on Jekyll Island is presently less than 65 percent, then no further development of undeveloped land shall be permitted in the master plan.
(b) In the creation of the master plan, the authority shall, after preparation of a prelimi nary plan, give notice of the existence of the preliminary plan in the legal organs of Glynn and Fulton counties and in at least two newspapers of state-wide general circula tion not less than 60 days prior to the meeting of the authority at which the preliminary plan is to be considered for final adoption. After giving this notice, the authority shall hold a public hearing at a convenient location on Jekyll Island and receive and consider such oral and written comments on the preliminary plan as may be presented.
(c) The authority, in the exercise of its authority to develop, manage, preserve, and pro tect Jekyll Island, shall be guided by and shall adhere to the master plan as the same may from time to time be amended as provided in subsection (d).
(d) The authority may, from time to time, amend the master plan but only in compliance with the following procedure:
(1) Any proposed amendment to the master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meeting of the authority;
(2) After the proposed amendment is presented publicly at a regular meeting of the authority, a brief summary of the proposed amendment shall be advertised in the legal organs of Glynn and Fulton counties, distributed to the media by news release and published in appropriate publications of the authority. Each such advertisement, news release, and publication shall also contain:
(A) The time and place of the public hearing on the proposed amendment, which public hearing shall be held no earlier than 15 days after the latest publication of the advertisement in the legal organ of Glynn or Fulton County as required by this paragraph;
(B) Directions as to the manner of receiving comments from the public regarding the proposed amendment; and
(C) The date on which the meeting of the authority at which the proposed amend ment will be considered for approval or rejection, which meeting shall not be held any sooner than 30 days after the meeting of the authority at which the proposed amendment was announced pursuant to paragraph (1) of this subsection;
(3) The authority shall transmit three copies of the information required by paragraph (2) of this subsection to the Office of Legislative Counsel at least 30 days prior to the date of the meeting at which the proposed amendment will be considered. The Office of Legislative Counsel shall immediately furnish the presiding officers of each house with a copy of the information received. The presiding officers, or the Office of Legislative Counsel if the presiding officer is unavailable, shall then assign the information to the chairperson of the appropriate standing committee in each house for review and pro vide copies to any member of that house who makes, or has made, a standing written request;
(4) In the event a standing committee to which the information has been assigned as provided in paragraph (3) of this subsection files an objection to a proposed amendment to the master plan with the chairperson of the authority prior to the authority's taking action on the proposed amendment and the authority adopts the proposed amendment over the objection, the authority shall notify the presiding officers of the Senate and

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House of Representatives, the chairpersons of the standing committees to which the information was referred, and the Office of the Legislative Counsel within ten days after the adoption of the amendment to the master plan. Thereafter, by introduction of a resolution to override the amendment within the first 30 days of the next regular session of the General Assembly, the amendment may be considered by the branch of the General Assembly whose committee objected to its adoption. In the event the reso lution is adopted by the members of the branch of the General Assembly in which it is introduced, it shall be immediately transferred to the other branch of the General Assembly, which branch shall consider the resolution within five days of its being re ceived. In the event the resolution to override the amendment to the master plan is adopted by a vote of two-thirds of the members of each branch, the amendment to the master plan shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by a vote of less than two-thirds of the members of either house, the resolution shall be submitted to the Governor for approval or veto. In the event the resolution fails to pass both houses or is vetoed by the Governor, the amendment to the master plan shall remain in effect. In the event of the Governor's approval of the resolution, the amendment to the master plan shall be void on the day after the date of the Governor's approval of the resolution;
(5) Any proposed changes to the boundaries of the area or areas delineated on the master plan as the 65 percent of the land area of Jekyll Island which lies above water at mean high tide and over which the authority has no power to improve, lease, or sell pursuant to subsection (a) of Code Section 12-3-243 shall be surveyed and marked at least seven days prior to the public hearing required by paragraph (2) of this subsec tion in such a fashion as to be readily discernable on the ground by members of the public; and
(6) At the meeting of the authority which has been identified in the advertisement required by paragraph (2) of this subsection as the meeting to consider the approval or rejection of the proposed amendment, the authority shall consider in an open and pub lic meeting the proposed amendment to the master plan which, if approved, shall be come a part of the master plan, subject, however, to the provisions of paragraph (4) of this subsection."
SECTION 14.
Said title is further amended by inserting immediately following paragraph (2) of Code Section 12-3-291, relating to definitions relative to the North Georgia Mountains Authority Act, a new subsection (2.1), to read as follows:
"(2.1) 'Master Plan' means that document to be created under the auspices of and adopted by the authority of one of its projects and as that master plan may be amended from time to time pursuant to Code Section 12-3-294.1."
SECTION 15.
Said title is further amended by striking in its entirety Code Section 12-3-292, relating to the membership of the North Georgia Mountains Authority and the appointment of mem bers, and inserting in lieu thereof the following:
"12-3-292.
(a) The authority shall consist of nine members who shall serve terms of four years from the date of their appointment and shall be appointed by the Governor from the same persons who comprise the Board of Natural Resources.
(b) The Governor shall appoint the chairperson of the authority for a term of one year trom among the members of the authority. A member may serve no more than two con secutive terms as chairperson nor more than two terms as chairperson in any one four year term as a member of the authority. The authority shall elect one of its members as chaiiman and another as vice-chaiiman vice-chairperson. It shall also elect a secretary

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and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person.
(c) The authority may make such bylaws for its government as is deemed necessary, but is under no duty to do so.
(d) Any eight five members of the authority shall constitute a quorum necessary for the transaction of business; and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted by this part. No vacancy on the authority shall impair the right of a quorum to transact any and all business as aforesaid.
(e) The unexpired term of any member who ceases to serve from any cause shall be filled in the same manner that such member was originally appointed to the authority.
(f) The members shall receive no compensation for their services, but all members shall be entitled to be reimbursed for actual expenses, including travel and any other ex penses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the author ity, for their services."
SECTION 16.
Said title is further amended by striking in its entirety Code Section 12-3-293, relating to the accountability of the members of the North Georgia Mountains Authority as trustees, and inserting in lieu thereof the following:
"12-3-293.
The members of the authority shall be accountable in all respects as trustees. The au thority shall keep suitable and proper books and records of all receipts, income, and ex penditures of every kind and shall submit for inspection all of the books together with the proper statement of the authority's financial position at the close of its fiscal year each year to the state auditor. The books and records shall be inspected and audited by the state auditor at least once in each year."
SECTION 17.
Said title is further amended by striking in its entirety Code Section 12-3-294, relating to the powers of the Authority generally, and inserting in lieu thereof the following:
"12-3-294.
The authority shall have power:
(1) To have a seal and alter it at pleasure;
(2) To acquire real and personal property of every kind and character by purchase or otherwise and to hold such property; to mortgage, hypothecate, or otherwise encumber its real and personal property for its corporate purposes; to grant a security interest by deed, financing statement, or bill of sale; and to construct a project on lands held by the state;
(3) To exercise the power of eminent domain;
(4) To appoint and select officers, agents, and employees, including engineering, archi tectural, and construction experts, and to fix their compensation;
(5) To make contracts, and to execute all instruments necessary or convenient, includ ing contracts to borrow money; contracts for mortgages, security deeds, or other secur ity interests; contracts for the construction of projects; and contracts with respect to the leasing or use of projects which it caused to be subdivided, erected, or acquired or which it constructs or manages pursuant to an agreement with the state;
(6) To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, re pair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Code Section 12-3-291, to be located on property owned or leased by the

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authority or the state. The cost of any such project may be paid in whole or in part from funds of or available to the authority including but not limited to borrowed money, income, the proceeds of revenue bonds of the authority, and any grant from the United States uf America or any agency or instrumentality thereof or from the State of Georgia; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1 million unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority' s existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Budget and the Recrea tional Authorities Overview Committee;
(7) To accept loans and grants, either or both, 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 instru mentality may impose;
(8) To borrow money for any of its corporate purposes, and to issue negotiable revenue bonds from earnings of projects, and to provide for the payment of the same and for the rights of the holders thereof;
(9) 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;
(10) To act as agent for the United States of America, or any agency, department, cor poration, or instrumentality thereof, in any manner within the purposes or powers of the authority;
(11) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner 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;
(12) To do any and all other acts and things in this part authorized or required to be done, whether or not included in the general powers mentioned in this Code section;
(13) To receive gifts, donations, or contributions from any person, firm, or corporation;
(14) To hold, use, administer, and expend such sum or sums as may hereafter be re ceived from any source, including income or gifts, for any of the purposes of this authority;
(14.1) To do any other things necessary or proper to foster and promote the involve ment of private persons, firms, corporations, and partnerships in the development, con struction, operation, and management of the authority's projects or projects which it manages pursuant to an agreement with the state, including but not limited to the entering into of contracts with such private entities for the development, construction, operation, and management of said projects for and on behalf of the authority;
(15) To do any other things necessary or proper to beautify, improve, and render projects self-supporting, including the establishment and modification of all reasonable fees, rentals, and other charges of whatever kind it deems necessary;
(16) To construct, maintain, and operate a project in White County, Georgia, to be known and designated as the 'Georgia Recreation Experiment Station." In connection with such project, the Governor is authorized to execute for and on behalf of the state a lease upon any and all lands owned and held by the state in such county to the author ity for a period not to exceed 50 years, such land so leased to be used by the authority only in connection with such project;
(17) To do all things necessary or convenient to carry out the powers expressly given in this part; and
(18) Upon obtaining a license from the Department of Revenue Subject to the provihioiiMji'Tills 3 and a refeienduni as required by Titled, to sell or dispense or to permit others to sell or dispense alcoholic beverages within or upon property or facilities

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owned, operated, managed, used, or controlled by the authority for consumption on the premises; provided, however, that the authority shall not sell or dispense alcoholic bev erages in unbroken containers to be carried off of the premises. The sales authorized by this paragraph shall be limited to hotels, motels, lodges, and convention halls and those auditoriums, club houses, meeting rooms, and restaurants related thereto. The authority shall determine and regulate by resolution, as it may amend from time to time, the conditions under which such sales or dispensing of alcoholic beverages for consumption on the premises shall be made or shall be permitted. The authority shall give at least 30 days' public notice by publication in the county organ of the county in which the property or facility is located of its intent to adopt such a resolution or to amend a previously adopted resolution. The authority shall hold a public hearing at a convenient time and location in such county at least 15 days prior to adopting such a resolution to hear public comments. Any such resolution or amendment to a previously adopted resolution shall be adopted only at an open and public meeting of the author ity after the required public notice has been given and the required public hearing has been held."
SECTION 18.
Said title is further amended by inserting immediately following Code Section 12-3-294 a new Code section to read as follows:
"12-3-294.1.
(a) The authority shall, on or before July 1, 1996, cause to be created a master plan for the management, preservation, protection, and development of each of its projects as defined in Code Section 12-3-291. The master plans for adjacent or contiguous projects may be combined into one document. The master plan for a project shall delineate, based upon aerial or other appropriate means of survey, the present and presently anticipated future uses of the land area of each project and shall also designate areas to be managed as environmentally sensitive, historically sensitive, and active use areas.
(b) In the creation of a master plan for a project, the Authority shall, after preparation of a preliminary plan, give notice of the existence of the preliminary plan in the legal organ of the county in which the project is located and in at least two newspapers of state-wide general circulation not less than 60 days prior to the meeting of the Authority at which the preliminary plan is to be considered for final adoption. After giving this notice, the authority shall hold a public hearing at a convenient location and receive and consider such oral and written comments on the preliminary plan as may be presented.
(c) The authority, in the exercise of its authority to development, manage, preserve and protect its projects, shall be guided by and shall adhere to the master plan for a project, as the same may from time to time be amended as provided in subsection (d) of this Code section.
(d) The authority may from time to time amend the master plan for a project, but only in compliance with the following procedure:
(1) Any proposed amendment to a master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meet ing of the authority;
(2) After the proposed amendment is presented publicly at a regular meeting of the Authority, a brief summary of the proposed amendment shall be advertised in the legal organ of the county where the project is located, distributed to the media by news re lease, and published in appropriate publications of the authority. Each such advertise ment, news release, and publication shall also contain:
(A) The time and place of the public hearing on the proposed amendment, which public hearing shall be held no earlier than 15 days after the latest publication of the advertisement in the legal organ as required by this paragraph;

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(B) Directions as to the manner of receiving comments from the public regarding the proposed amendment; and
(C) The date on which the meeting of the authority at which the proposed amend ment will be considered for approval or rejection, which meeting shall not be held any sooner than 30 days after the meeting of the authority at which the proposed change was announced pursuant to paragraph (1) of this subsection;
(3) The authority shall transmit three copies of the information required by paragraph (2) of this subsection to the Office of Legislative Counsel at least 30 days prior to the date of the meeting at which the proposed amendment will be considered. The Office of Legislative Counsel shall immediately furnish the presiding officers of each house of the General Assembly with a copy of the information received. The presiding officers, or the Office of the Legislative Counsel if a presiding officer is unavailable, shall then assign the information to the chairperson of the appropriate standing committee in each house for review and provide copies to any member of that house who makes, or has made, a written request;
(4) In the event a standing committee to which the information has been assigned as provided in paragraph (3) of this subsection files an objection to a proposed amendment to the master plan with the chairperson of the authority prior to the authority's taking action on the proposed amendment and the authority adopts the proposed amendment over the objection, the authority shall notify the presiding officers of the Senate and House of Representatives, the chairpersons of the standing committees to which the information was referred, and the Office of the Legislative Counsel within ten days after the adoption of the amendment to the master plan. Thereafter, by introduction of a resolution to override the amendment within the first 30 days of the next regular session of the General Assembly, the amendment may be considered by the branch of the General Assembly whose committee objected to its adoption. In the event the reso lution is adopted by the members of the branch of the General Assembly in which it is introduced, it shall be immediately transferred to the other branch of the General Assembly, which branch shall consider the resolution within five days of its being re ceived. In the event the resolution to override the amendment to the master plan is adopted by a vote of two-thirds of the members of each branch, the amendment to the master plan shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by a vote of less than two-thirds of the members of either house, the resolution shall be submitted to the Governor for approval or veto. In the event the resolution fails to pass both houses or is vetoed by the Governor, the amendment to the master plan shall remain in effect. In the event of the Governor's approval of the resolution, the amendment to the master plan shall be void on the day after the date of the Governor's approval of the resolution;
(5) Any proposed changes to the boundaries of any area or areas delineated on a master plan as a part of an area designated to be managed as environmentally or his torically sensitive shall, at least seven days prior to the public hearing required by paragraph (2) of this subsection, be surveyed and marked in such a fashion as to be readily discernible on the ground by members of the public; and
(6) At the meeting of the Authority which has been identified in the advertisement required by paragraph (2) of this subsection as the meeting to consider the approval or rejection of the proposed amendment, the authority shall consider in an open and pub lic meeting the proposed amendment to the master plan, which, if approved, shall be come a part of the master plan for that project, subject, however, to the provisions of paragraph (4) of this subsection."

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SECTION 19.
Said title is further amended by inserting immediately following paragraph (3) of Code Section 12-3-310, relating to definitions relative to the Lake Lanier Islands Development Authority, a new paragraph to read as follows:
"(3.1) 'Master plan' means that document to be created under the auspices of and adopted by the authority of one of its projects and as that master plan may be amended from time to time pursuant to Code Section 12-3-314.1."
SECTION 20.
Said title is further amended by striking in its entirety Code Section 12-3-312, relating to the membership of the Lake Lanier Islands Development Authority and the appointment of members, and inserting in lieu thereof the following:
"12-3-312.
(a) The authority shall consist of nine members as follows: the commissioner of natural resources or his or her designee and eight additional members appointed by the Governor as follows:
(1) Five members from the state at large;
(2) One member from Forsyth County;
(3) One member from Hall County; and
(4) One member from Gwinnett County.
Each member appointed by the Governor under this Code section shall serve for a term of four years, with the beginning and ending dates of terms to be specified by the Governor, and until his or her successor is appointed and has qualified.
(b) The Governor shall appoint the chairperson of the authority for a term of one year from among the members of the authority. A member may serve no more than two con secutive terms as chairperson nor more than two terms as chairperson in any one four year term as a member of the authority. The members of the authority shall elect one of their members as chairman and another as vice-chairman vice-chairperson. They shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person.
(c) The authority may make such bylaws for its government as is deemed necessary, but it is under no obligation to do so.
(d) Any five members of the authority shall constitute a quorum necessary for the trans action of business; and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this part. However, no person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business as aforesaid.
(e) The members shall receive no compensation for their services, but all members shall be entitled to be reimbursed for actual expenses, including travel and any other ex penses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the author ity, for their services.
(f) All members of the authority shall immediately enter upon their duties without fur ther act or formality."

MONDAY, MARCH 6, 1995

1019

SECTION 21.
Said title is further amended by striking in its entirety Code Section 12-3-313, relating to the accountability of the members of the Lake Lanier Islands Development Authority as trustees, and inserting in lieu thereof the following:
"12-3-313.
The members of the authority shall be accountable in all respects as trustees. The au thority shall keep suitable and proper books and records of all receipts, income, and ex penditures of every kind; and shall submit for inspection all the books together with the proper statement of the authority's financial position once a year on or about December 31 to the state auditor. The books and records shall be inspected and audited by the state auditor at least once in each year."
SECTION 22.
Said title is further amended by striking in its entirety Code Section 12-3-314, relating to the powers of the Lake Lanier Islands Development Authority generally, and inserting in lieu thereof the following:
"12-3-314.
The authority shall have power:
(1) To have a seal and alter it at pleasure;
(2) To acquire, hold, and dispose of personal property for its corporate purposes;
(3) To appoint, select, and employ officers, agents, and employees, including engineer ing, architectural, and construction experts, fiscal agents, and attorneys; to contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of attorneys, accountants, engineers, architects, consultants, and advihurs advisers, and to allow suitable compensation for such services; and to make provisions for group insurance, retirement, or other employee benefit arrangements, provided that no part-time or con tract employees shall participate in group insurance or retirement benefits;
(4) To make contracts and to execute all instruments necessary or convenient, includ ing contracts for construction of projects or contracts with respect to the leasing or use of projects which the authority causes to be subdivided, erected, or acquired;
(5) To plan, survey, subdivide, administer, construct, erect, acquire, own, repair, re model, maintain, add to, extend, improve, equip, operate, and manage projects as de fined in this part, such projects to be located on property owned or leased by the authority. The cost of any such project shall be paid from its income, from the proceeds of revenue anticipation certificates of the authority, or from such proceeds and any loan, gift, or grant from the United States of America or any agency or instrumentality thereof, or the State of Georgia, or any county, municipal, or local government or gov erning body; provided, however, that the authority shall not undertake any such activ ity having a projected cost of over $1 million unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Budget and the Recreational Authorities Overview Committee;
(6) To accept loans or grants, or both, of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof, including the Department of Housing and Urban Development, upon such terms and conditions as the United States of America or such agency or instrumentality, including the Depart ment of Housing and Urban Development, may impose;

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(7) To borrow money for any of its corporate purposes, to issue negotiable revenue an ticipation certificates from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof;
(8) 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;
(9) To act as agent for the United States of America, or any agency, department, corpo ration, or instrumentality thereof, in any manner within the purposes or powers of the authority;
(10) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner 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;
(11) To receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corpora tion or from the State of Georgia, or any agency or instrumentality thereof, or from any county, municipal, or local government or governing body;
(12) To hold, use, administer, and expend such sum or sums as may hereafter be re ceived as income, as gifts, or as appropriations by authority of the General Assembly for any of the purposes of this authority;
(13) To do any other things necessary or proper to beautify, improve, and render selfsupporting the island park, to make its facilities available to people of average income, and to advertise its beauties to the world;
(14) To acquire, lease (as lessee), purchase, hold, own, and use any franchise or any property, real or personal, tangible or intangible, or any interest therein; and to sell, lease (as lessor), transfer, or dispose thereof whenever the same is no longer required for purposes of the authority, or exchange the same for other property or rights which are useful for the purposes of the authority;
(15) To fix, alter, charge, and collect fares, rates, rentals, and other charges for its facilities and for admission to the islands at reasonable rates to be determined exclu sively by the authority;
(16) To operate for hire boats, taxicabs, trains, trolleys, and other vehicles, systems, and facilities and other activities designed for the transportation of persons and prop erty on the islands; to provide concessions, off-street parking, and other facilities for the comfort, safety, and convenience of visitors and other persons on the islands;
(17) To invest and reinvest any or all idle funds or moneys, including, but not limited to, funds held in reserve or debt retirement or received through the issuance of revenue certificates or from contributions, gifts, or grants, which cannot be immediately used for the purpose for which received, such investment to be made in any security or se curities which are legal investments for executors or trustees; provided, however, that investments in such securities will at all times be held for and, when sold, used for the purposes for which the money was originally received;
(18) To grant, on an exclusive or nonexclusive basis, the right to use and occupy streets, roads, sidewalks, and other public places for the purpose of rendering utility services, upon such conditions and for such time as the authority may deem wise;
(19) To do all things necessary or convenient to carry out the powers expressly given in this part; and to do any and all other acts and things which this part authorizes or requires to be done, whether or not included in the general powers mentioned in this Code section; or

MONDAY, MARCH 6, 1995

1021

(20) To sell or authorize others to sell, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises only:
(A) Upon property owned or controlled by the authority and located within the terri torial limits of property controlled by the authority; and
(B) Upon watercraft owned or controlled by the authority operating on Lake Sidney Lanier from such property.
The authority shall determine by resolution, as it may amend from time to time, the condi tions, including hours and days of sale, under which such sales shall be permitted."
SECTION 23.
Said title is further amended by inserting immediately following Code Section 12-3-314 a new Code section to read as follows:
"12-3-314.1.
(a) The authority shall, on or before July 1, 1996, cause to be created a master plan for the management, preservation, protection, and development of each of its projects as defined in Code Section 12-3-310. The master plans for adjacent or contiguous projects may be combined into one document. The master plan for a project shall delineate, based upon aerial or other appropriate means of survey, the present and presently anticipated future uses of the land area of each project and shall also designate areas to be managed as environmentally sensitive and active use areas.
(b) In the creation of a master plan for a project, the authority shall, after preparation of a preliminary plan, give notice of the existence of the preliminary plan in the legal organ of the county in which the project is located and in at least two newspapers of state-wide general circulation not less than 60 days prior to the meeting of the authority at which the preliminary plan is to be considered for final adoption. After giving this notice, the authority shall hold a public hearing at a convenient location and receive and consider such oral and written comments on the preliminary plan as may be presented.
(c) The authority, in the exercise of its authority to development, manage, preserve, and protect its projects, shall be guided by and shall adhere to the master plan for a project, as the same may from time to time be amended as provided in subsection (d).
(d) The authority may from time to time amend the master plan for a project, but only in compliance with the following procedure:
(1) Any proposed amendment to a master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meet ing of the authority;
(2) After the proposed amendment is presented publicly at a regular meeting of the authority, a brief summary of the proposed amendment shall be advertised in the legal organ of the county where the project is located, distributed to the media by news re lease and published in appropriate publications of the authority. Each such advertise ment, news release, and publication shall also contain:
(A) The time and place of the public hearing on the proposed amendment, which public hearing shall be held no earlier than 15 days after the latest publication of the advertisement in the legal organ as required by this paragraph;
(B) Directions as to the manner of receiving comments from the public regarding the proposed amendment; and
(C) The date on which the meeting of the authority at which the proposed amend ment will be considered for approval or rejection, which meeting shall not be held any sooner than 30 days after the meeting of the authority at which the proposed change was announced pursuant to paragraph (1) of this subsection;
(3) The authority shall transmit three copies of the information required by paragraph (2) of this subsection to the Office of Legislative Counsel at least 30 days prior to the

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date of the meeting at which the proposed amendment will be considered. The Office of Legislative Counsel shall immediately furnish the presiding officers of each house of the General Assembly with a copy of the information received. The presiding officers, or the Office of the Legislative Counsel if a presiding officer is unavailable, shall then assign the information to the chairperson of the appropriate standing committee in each house for review and provide copies to any member of that house who makes or has made a written request;
(4) In the event a standing committee to which the information has been assigned as provided in paragraph (3) of this subsection files an objection to a proposed amendment to the master plan with the chairperson of the authority prior to the authority's taking action on the proposed amendment and the authority adopts the proposed amendment over the objection, the authority shall notify the presiding officers of the Senate and House of Representatives, the chairpersons of the standing committees to which the information was referred, and the Office of the Legislative Counsel within ten days after the adoption of the amendment to the master plan. Thereafter, by introduction of a resolution to override the amendment within the first 30 days of the next regular session of the General Assembly, the amendment may be considered by the branch of the General Assembly whose committee objected to its adoption. In the event the reso lution is adopted by the members of the branch of the General Assembly in which it is introduced, it shall be immediately transferred to the other branch of the General Assembly, which branch shall consider the resolution within five days of its being re ceived. In the event the resolution to override the amendment to the master plan is adopted by a vote of two-thirds of the members of each branch, the amendment to the master plan shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by a vote of less than two-thirds of the members of either house, the resolution shall be submitted to the Governor for approval or veto. In the event the resolution fails to pass both houses or is vetoed by the Governor, the amendment to the master plan shall remain in effect. In the event of the Governor's approval of the resolution, the amendment to the master plan shall be void on the day after the date of the Governor's approval of the resolution;
(5) Any proposed changes to the boundaries of any area or areas delineated on a master plan as a part of an area designated to be managed as environmentally sensi tive shall, at least seven days prior to the public hearing required by paragraph (2) of this subsection, be surveyed and marked in such a fashion as to be readily discernible on the ground by members of the public; and
(6) At the meeting of the authority which has been identified in the advertisement required by paragraph (2) of this subsection as the meeting to consider the approval or rejection of the proposed amendment, the authority shall consider in an open and pub lic meeting the proposed amendment to the master plan, which, if approved, shall be come a part of the master plan for that project, subject, however, to the provisions of paragraph (4) of this subsection."
SECTION 24.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

MONDAY, MARCH 6, 1995

1023

SECTION 25.

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

Senators McGuire of the 30th, Gochenour of the 27th and Glanton of the 34th offered the following amendment:

Amend the committee substitute to HB 120 by striking lines 35 through 37 on page 29 and inserting in lieu thereof the following:
"(18) Subject to the provisions of Title 3 and a referendum as required by Title 3, to sell or dispense".

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:

Cagle Day Glanton

Gochenour McGuire

Starr Tysinger

Those voting in the negative were Senators:

Abernathy Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Dean Edge Egan Farrow Gillis

Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Stokes Taylor Thomas Thompson Turner Walker

Not voting were Senators Balfour and Tanksley.

On the adoption of the amendment, the yeas were 7, nays 47, and the McGuire, et al amendment to the committee substitute was lost.
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 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th

Burton Cagle Cheeks Clay Crotts Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison

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JOURNAL OF THE SENATE

Henson Hill
Hooks Isakson James Johnson of 2nd Johnson of 1st
Kemp Land Langford Madden

Marable McGuire
Middleton Newbill Oliver Perdue Pollard
Ragan Ralston Ray

Not voting was Senator Tanksley.

Scott Slotin
Starr Stokes Taylor Thomas Thompson
Turner Tysinger Walker

On the passage of the bill, the yeas were 55, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Gochenour of the 27th introduced the doctor of the day, Dr. Peter Holliday, Macon, Georgia.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:

HB 694. By Representatives Smith of the 169th, Byrd of the 170th, Streat of the 167th, Mosley of the 171st, Watts of the 26th and others:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to define a cer tain term; to provide that no state agency may expend state funds in any man ner which assists, supports, or encourages certain activities.
The President announced that the Senate would stand in recess from 12:15 P.M. until 1:30 P.M.
The President called the Senate to order at 1:30 P.M.
Senator Edge of the 28th moved that Senator Day of the 48th be excused from the Senate for the remainder of the day to attend a funeral.
On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Day of the 48th was excused from the Senate.
The Calendar was resumed.

HB 489. By Representatives Dixon of the 150th and Smith of the 174th:
A bill to amend Chapter 6 of Title 52 of the Official Code of Georgia Annotated, relating to pilots and pilotage, so as to change the provisions relating to pre scribing rules and regulations relating to pilotage fees; to change the provisions relating to qualifications for a pilot's license. Senate Sponsor: Senator Johnson of the 2nd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, MARCH 6, 1995

1025

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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton
Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks
Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston
Ray Slotin Starr Stokes Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Day (excused)

Scott Tanksley

Taylor Walker

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

SB 361. By Senator Madden of the 47th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions which are un lawful, so as to provide that the written solicitation for inclusion in the listing of a local telephone classified advertising directory shall be an unfair or deceptive practice and declared unlawful unless the form of such solicitation meets certain requirements and has certain text printed on the form.

The Senate Committee on Consumer Affairs offered the following substitute to SB 361:
A BILL
To be entitled an Act to amend Code Section 10-1-393.1 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in office supply transactions which are unlawful, so as to provide that the written solicitation for inclusion in the listing of a tele phone classified advertising directory shall be an unfair or deceptive practice and declared unlawful unless the form of such solicitation meets certain requirements and has certain text printed on the form; to define a certain term; to provide penalties; to repeal conflicting laws; and for the other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 10-1-393.1 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in office supply transactions which are unlawful, is amended by striking the word "or" at the end of paragraph (8) of subsection (b), by striking the period at the end of paragraph (9) of subsection (b) and inserting "; or", and by adding the following para graph (9) a new paragraph (10) to read as follows:

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JOURNAL OF THE SENATE

"(10XA) Solicitation for inclusion in the listing of a telephone classified advertising direc tory unless such solicitation form has prominently printed therein at least one inch apart from any other text on the form and in type size and boldness equal to or greater than any other type size and boldness on the form the words:

'THIS IS NOT A BILL. THIS IS A SOLICITATION.'

(B) For the purposes of this paragraph, the term 'telephone classified advertising direc tory" refers to any telephone classified advertising directory which is distributed to some or all telephone subscribers in any area of the state and includes such directories distrib uted by telephone service companies as well as such directories distributed by other parties."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Her.^on Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Day (excused)

Scott Tanksley

Taylor

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

SR 97. By Senators Oliver of the 42nd, Edge of the 28th and Pollard of the 24th:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to create, by law, a State Commission on Judicial Compensation and to authorize such commission to establish, subject to amendment or rejection by the General Assembly, the compensation of Justices of the Supreme Court, Judges of the Court of Appeals, and judges

MONDAY, MARCH 6, 1995

1027

of the superior courts and to provide that the General Assembly shall not be deprived of the power to enact laws establishing or changing the compensation of Justices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior courts; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article VI, Section VII, Paragraph V of the Constitution is amended by designating the existing provisions of Paragraph V as subparagraph (a) thereof and by adding at the end thereof a new subparagraph (b) to read as follows:
"(b) Notwithstanding the provisions of Article III, Section I, Paragraph I and subpara graph (a) of this Paragraph, the General Assembly is authorized to create, by law, a State Commission on Judicial Compensation and to authorize such commission to establish, subject to amendment or rejection by the General Assembly, the compensation of Jus tices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior courts The provisions of this subparagraph or of any law enacted pursuant to this subparagraph shall not limit or deprive she General Assembly of the rower to enact laws establishing or changing the compensation of Justices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior courts, provided that an incumbent's salary, allowance, or supplement shall not be decreased during the incumbent's term of office."

SECTION 2.

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to ( ) NO create, by law, a State Commission on Judicial Compensation and to author
ize such commission to establish, subject to amendment or rejection by the General Assembly, the compensation of Justices of the Supreme Court, Judg es of the Court of Appeals, and judges of the superior courts and to provide that the General Assembly shall not be deprived of the power to enact laws establishing or changing the compensation of Justices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior courts?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle

Cheeks Clay Crotts Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James

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JOURNAL OF THE SENATE

Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray

Slotin Starr Stokes Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Day (excused)

Scott Tanksley

Taylor

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SB 74. By Senators Abernathy of the 38th, Scott of the 36th, Walker of the 22nd and Ray of the 19th:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to provide that it shall be unlawful for any person who is a party thereto to intercept any wire, oral, or electronic communication without the prior consent of the other party.

The Senate Judiciary Committee offered the following substitute to SB 74:
A BILL
To be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and re lated offenses, so as to provide that it shall be unlawful for any person to use the content or substance of any private message intercepted lawfully in tortious interference with busi ness relations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance and related offenses, is amended by striking Code Section 16-11-62, relating to eavesdropping, surveillance, or intercepting communication which invades the privacy of another, and inserting in lieu thereof a new Code Section 16-11-62 to read as follows:
"16-11-62.
It shall be unlawful for:
(1) Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the private conversation of another which shall originate in any private place;
(2) Any person, through the use of any instrument or apparatus, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view; provided, however, that it shall not be unlawful to use any camera, photographic equipment, videotape equipment, or other devices to observe, photograph, or record the activities of persons incarcerated in any jail, correctional institution, or any other facility in which persons who are charged

MONDAY, MARCH 6, 1995

1029

with or who have been convicted of the commission of a crime are incarcerated, pro vided that such equipment shall not be used while the prisoner is discussing his or her case with his or her attorney;
(3) Any person to go on or about the premises of another or any private place for the purpose of invading the privacy of others another by eavesdropping upon their his or her conversations or secretly observing their his~or her activities;
(4) Any person intentionally and secretly to intercept by the use of any device, instru ment, or apparatus the contents of a message sent by telephone, telegraph, letter, fac simile, or by any other means of private communication;
(5) An person to use the content or substance of any private message intercepted law fully in the manner provided for in Code Section 16-11-64, 16-11-65, or 16-11-66 in tortious interference with business relations.
(5X6) Any person to divulge to any unauthorized person or authority the content or suBstance of any private message intercepted lawfully in the manner provided for in Code Section 16-11-65; or
(6X7) Any person to commit any other acts of a nature similar to those set out in paragraphs (1) through (5) of this Code section which invade the privacy of another."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.
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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Day (excused) Scott

Tanksley

Taylor

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

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JOURNAL OF THE SENATE

SR 128. By Senators Boshears of the 6th, Blitch of the 7th and Kemp of the 3rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the state to incur debt to fund activities associated with the investigation, detoxification, removal, and disposal of any hazardous wastes, hazardous constituents, or hazardous substances at sites where cor rective action is necessary to mitigate a present or future danger to human health or the environment; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article VII, Section IV, Paragraph I of the Constitution is amended by inserting at the end thereof a new subparagraph (g) to read as follows:
"(g) General obligation to fund activities associated with the investigation, detoxification, removal, and disposal of any hazardous wastes, hazardous constituents, or hazardous substances at sites where corrective action is necessary to mitigate a present or future danger to human health or the environment."

SECTION 2.

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide that the state may incur ( ) NO debt to fund activities associated with the investigation, detoxification, re
moval, and disposal of any hazardous wastes, hazardous constituents, or haz ardous substances?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy

Edge

Balfour Black Blitch
Boshears
Bowen

Egan Farrow Gillis
Glanton
Griffin

Broun of 46th Brown of 26th Burton Cagle Cheeks Clay
Crotts Dean

Guhl Harbison Henson Hill Hooks Isakson
James Johnson of 2nd

Johnson of 1st
Kemp Land Langford Madden Marable
McGuire Middleton Newbill Oliver Perdue Pollard
Ragan Ralston

MONDAY, MARCH 6, 1995

1031

Ray
Slotin Starr

Stokes
Thomas Thompson

Those not voting were Senators:

Day (excused) Gochenour

Scott Tanksley

Turner Tysinger
Taylor Walker

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

SR 64. By Senators Thompson of the 33rd, Hooks of the 14th, Perdue of the 18th and Hill of the 4th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation of enterprise zones by counties or municipalities; to provide for exemptions, credits, or reductions of taxes' or any combination thereof, within such zones with respect to taxes levied by a county or municipality; to provide for limita tions and requirements; 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 II, Paragraph VII of the Constitution is amended by adding a new subparagraph (c) at the end thereof to read as follows:
"(c) In addition to the authority granted by subparagraphs (a) and (b) of this Paragraph, the General Assembly is authorized to provide by general law for the creation of enter prise zones by counties and municipalities. Such law may provide for exemptions, cred its, or reductions of any tax, or any combination thereof, with respect to taxes within such zones which are levied by a county, municipality, or both, to any person, firm, or corporation which creates job opportunities within an enterprise zone for unemployed and low and moderate income persons in accordance with the standards set forth in such general law. Such general law shall define enterprise zones so as to limit such tax exemp tions, credits, or reductions to persons, firms, or corporations within counties, municipal ities, or both, or census tracts located in such counties, municipalities, or both, which are determined to be underdeveloped as evidenced by the unemployment rate in the area and the average personal income in the area when compared to the remainder of the state."
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 Shall the Constitution be amended so as to authorize the General Assembly to ( ) NO provide by general law for the creation of enterprise zones by counties, munic
ipalities, or both and to provide for exemptions, credits, or reductions of county and municipal taxes, or any combination thereof, as tax incentives to persons, firms, or entities which create jobs for unemployed and low and mod erate income persons?"

1032

JOURNAL OF THE SENATE

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Day (excused) Scott

Tanksley

Taylor

On the adoption of the resolution, the yeas were 52, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SB 370. By Senators Slotin of the 39th, Scott of the 36th and Thomas of the 10th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," as amended, so as to authorize each member on the board of the Authority who represents the State to designate a person to serve in place of that member.

Senator Newbill of the 56th offered the following amendment:
Amend SB 370 by adding after "of on page 2 line 10 "unincorporated".
On the adoption of the amendment, the yeas were 35, 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.

MONDAY, MARCH 6, 1995

1033

On 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Day (excused) Hooks

Scott Tanksley

Taylor

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

SB 77. By Senators Abernathy of the 38th, Scott of the 36th, Walker of the 22nd and Ray of the 19th:
A bill to amend Code Section 15-11-36.1 of the Official Code of Georgia Annotat ed, relating to counseling or counsel and advice for children and their parents, so as to provide for counseling once a child is brought within the jurisdiction of the juvenile court.

The Senate Committee on Judiciary offered the following substitute to SB 77:

A BILL
To be entitled an Act to amend Code Section 15-11-36.1 of the Official Code of Georgia Annotated, relating to counseling or counsel and advice for children and their parents, so as to provide for counseling once a child is brought within the jurisdiction of the juvenile court; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 15-11-36.1 of the Official Code of Georgia Annotated, relating to counseling or counsel and advice for children and their parents, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"15-11-36.1.
Wllfcil Sitiy Cllilu iS utilOl'& & jLLV^Ililfi COUi't 101 Lil^ lli'SL Lllllti cnlu SliCll Cililu iS IO1U1C1 t)y tilt; COlirt tO H3.Vc COlillliiLLtiCl SL ClllilQU.ilt 3.0L, tO DC 3. dGJ/ttVeCl CiVilO., t(j Dfe 3.il tiili Ulj CliilCl, Or LO liJiVc COiliiiiiLwiu. <i jUVtililti tl cilllC OilciiSti SiS utiliiicu lii vJCiu.6 OtCLiOli J.u~ J- J.-il*o > At tOG
time that a child is initially within the jiirisdiction of the juvenile court, the court shall be authorized, iii addition to any "Other disposition authorized by this article, to may order

1034

JOURNAL OF THE SENATE

such child and such child's parents or guardian to participate in counseling or in counsel and advice as determined by the court. Willful failure by such a child's parents or guardian to comply with such an order shall be cause for punishment as for contempt. Such counseling and counsel and advice may be provided by the court, court personnel, probation officers, professional counselors or social workers, psychologists, physicians, quali fied volunteers, or appropriate public, private, or volunteer agencies as directed by the court and shall be designed to assist in deterring future delinquent or unruly acts, condi tions of deprivation, or other conduct or conditions which would be harmful to the child
or society."

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 vole was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Egan
Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden

Marable McGuire Middleton Newbill Oliver Perdue Pollard Ralston Ray Slotin Stokes Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Day (excused) Hooks
Ragan

Scott Starr

Tanksley Taylor

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 385. By Senators Gillis of the 20th, Dean of the 31st and Ray of the 19th:
A bill to amend Code Section 12-5-372 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Safe Dams Act of 1978", so as to extend a certain exemption from such Act.

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

MONDAY, MARCH 6, 1995

1035

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

Those voting in the affirmative were Senators:

Abernathy
Balfour Blitch Boshears
Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis

Glanton
Gochenour Griffin Guhl
Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire
Middleton Newbill Oliver
Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Thomas Thompson Turner Tysinger

Those not voting were Senators:

Black Day (excused)

Scott Tanksley

Taylor Walker

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

SR 162. By Senators Farrow of the 54th and Oliver of the 42nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for additional penalties or fees in any case in which a person is adjudged guilty of an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state and to provide for the allocation of such additional penalties or fees for the construction, operation, and staffing of child abuse treatment and prevention cen ters and the operation of counseling and other programs to reduce and prevent child abuse; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article III, Section IX, Paragraph VI of the Constitution is amended by adding at the end of Paragraph VI the following:
"(k) The General Assembly is authorized to provide by general law for additional penal ties or fees in any case in any court in this state in which a person is adjudged guilty of an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state. The General Assembly is authorized to provide by general law for the allocation of such additional penalties or fees for the construction, operation, and staffing of child abuse treatment and prevention centers and the operation of counseling and other programs to reduce and prevent child abuse."

1036

JOURNAL OF THE SENATE

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 Shall the Constitution be amended so as to authorize the General Assembly to ( ) NO provide for additional penalties or fees in any case in which a person is ad
judged guilty of an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state and to provide for the allo cation of such additional penalties or fees for the construction, operation, and staffing of child abuse treatment and prevention centers and the operation of counseling and other programs to reduce and prevent child abuse?'"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears. Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Day (excused) Egan

Oliver Scott

Tanksley Walker

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

SB 375. By Senators Taylor of the 12th, Gillis of the 20th and Kemp of the 3rd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that the director of the En vironmental Protection Division of the Department of Natural Resources may

MONDAY, MARCH 6, 1995

1037

include numeric effluent limitations or may substitute best management prac tices in certain permits for the discharge of pollutants; to provide for best man agement practices in relation to certain land-disturbing activities.
The Senate Committee on Natural Resources offered the following substitute to SB 375:
A BILL
To be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that the director of the Environmen tal Protection Division of the Department of Natural Resources may include numeric efflu ent limitations or may substitute best management practices in certain permits for the discharge of pollutants; to provide for best management practices in relation to certain land-disturbing activities; to provide that adherence to such best management practices shall constitute a defense to any allegation of noncompliance with the terms of certain permits; to provide for penalties for failure to adhere to such practices with certain results; to provide for the monitoring of certain waters; to change certain provisions relating to the maximum allowable turbidity allowed in storm-water runoff; to change provisions relating to the authority of the director to initiate enforcement action; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking in its entirety subsection (f) of Code Section 12-5-30, relating to the construction, modification, or operation of facilities which discharge pollu tants into waters of the state, and inserting in lieu thereof the following:
"(f) The director may issue general permits for discharges of pollutants from categories of point sources which are subject to the same permit limitations and conditions. Such general permits may be issued without individual applications. At the discretion of the director, numeric effluent limitations and effluent monitoring provisions may be included in general permits or best management practices may be substituted for numeric effluent limitations without a showing that it would be infeasible to include effluent limitations; provided, however, that the director shall incorporate the provisions related thereto as provided in paragraphs (1), (2), and (3) of subsection (a) of Code Section 12-7-6 into any general permit issued for the discharge of storm water from construction activity."
SECTION 2.
Said title is further amended by striking in its entirety Code Section 12-7-6, relating to the minimum requirements for certain rules, regulations, ordinances, or resolutions, and in serting in lieu thereof the following:
"12-7-6.
(a)(l) Best management practices as set forth in subsection (b) of this Code section shall be "required for all land-disturbing activities. Proper design, installation, and mainte nance of best management practices shall constitute a complete defense to any action by the director or to any other allegation of noncompliance with paragraph (2) of this sub section or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection (f) of Code Section 12-5-30. As used in this subsection, the terms 'proper design' and 'properly designed' mean designed to control soil erosion and sedimentation for all rainfall events up to and including a 25 year rain fall event
(2) A discharge of storm-water runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a

1038

JOURNAL OF THE SENATE

separate violation of any land-disturbing permit issued by a local issuing authority or Ey the division or of any general permit for construction activities issued by the divi sion pursuant to subsection (t) of Code Section 12-5-30 for each day on which such discharge results in the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units for waters supporting warm water fisheries or by more than ten nephelometric turbidity units for waters classified as trout waters. The tur bidity of the receiving waters shall be measured in accordance with guidelines to be issued by the director.
(3) Failure properly to design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a local issuing authority or by the division or of any general permit for construction activities issued by the division pursuant to subsection (f) of Code Section 12-5-30 for each day on which such failure occurs.
(4) The director may require, in accordance with regulations adopted by the board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing activities occurT
(b) The rules and regulations, ordinances, or resolutions adopted pursuant to this chap ter for the purpose of governing land-disturbing activities shall require, as a minimum, best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the 'Manual for Erosion and Sediment Control In Georgia' published by the Georgia Soil and Water Conservation Commission as of January 1 of each year, as well as the following:
(1) Stripping of vegetation' regrading, and other development activities shall be con ducted in such a manner so as to minimize erosion;
(2) Cut and fill operations must be kept to a minimum;
(3) Development plans must conform to topography and soil type, so as to create the lowest practicable erosion potential;
(4) Whenever feasible, natural vegetation shall be retained, protected, and supplemented;
(5) The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum;
(6) Disturbed soil shall be stabilized as quickly as practicable;
(7) Temporary vegetation or mulching shall be employed to protect exposed critical areas during development;
(8) Permanent vegetation and structural erosion control measures must be installed as soon as practicable;
(9) To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of this chapter;
(10) Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surfaces of fills;
(11) Cuts and fills may not endanger adjoining property;
(12) Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners;
(13) Grading equipment must cross flowing streams by the means of bridges or cul verts, except when such methods are not feasible; provided, in any case, that such crossings must be kept to a minimum;

MONDAY, MARCH 6, 1995

1039

(14) Land-disturbing activity plans for erosion and sedimentation control shall include provisions for treatment or control of any source of sediments and adequate sedimenta tion control facilities to retain sediments on site or preclude sedimentation of adjacent streams waters beyond the levels specified in paiagraph (17) uf subsection (a) of this Code section;
(15) Land-disturbing activities shall not be conducted within 25 feet of the banks of any state waters, as measured from the point where vegetation has been wrested by normal stream flow or wave action, except where the director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the director pursuant to Code Section 12-2-8, or where a drainage structure or a roadway drainage structure must be constructed, provided that ade quate erosion control measures are incorporated in the project plans and specifications and are implemented; provided, however, that buffers of at least 25 feet established pursuant to Part 6 of Article 5 of Chapter 5 of this title shall remain in force unless a variance is granted by the director as provided in this paragraph; and
(16) Land-disturbing activities shall not be conducted within 100 horizontal feet, as measured from the point where vegetation has been wrested by normal stream flow or wave action, of the banks of any state waters classified as 'trout stream waters' pursu ant to Article 2 of Chapter 5 of this title unless a variance for such activity is granted by the director except where a roadway drainage structure must be constructed, pro vided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented.
^ ii 7\AJ UiSClicll gcS OI SLui'iii Wdtfil1 i'Lliiull li'OIU uiStU-i'Dcu 3.1'ciife Sri3.ll D^ COiitl Oll^Cl tO
the extent that turbidity of the htoi'oi water runoff shall not exceed 100
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3,idrtiS3.1ia iltlpllfelciiltiLl iC tLllDluiL^ UlliLS.
(D) On and aftei July 1, 1994, the Board of Natural Resources hliall be aulhurijsej to
GSLclDllSrl 't)il6 H13.XliIllJ.rk.l 3.110 Wiiul^ tVU'Oiuity IcVSlS 3.t lli^flGV 01 iOWtil* iSV^iS ui7 tSliu~
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(c)(b) Nothing contained in this chapter shall prevent an issuing authority from adopting rules and regulations, ordinances, or resolutions which contain requirements that exceed the minimum requirements in subsection subsections (a) and (b) of this Code section.
(d)(e)(l) The fact that land-disturbing activity for which a permit has been issued results IrT injury to the property of another shall neither constitute proof of nor create a pre sumption 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 gi eater magnitude, storm
Wltci' JfUilOlT tU.lDiClj.ty 6XCccuS Lllti 1&V6IS plOVxufiu. ror^ iil p<il ci^l'cipri \j.i) OI^SUDSSCtiOil
ity, SUCIl &XC36ulH OI SlidI IftVBlS Slielll llOt COHStitUtt^ a. ViOlciLiuil 01 Lliti IGt^LtirSIlTGilLS
provided for or authorized under this Code section if all huch i equipments other than
Lllurfti l*6I3till tO tlll'Diulty O3.V6 l^citili UlcL.

1040

JOURNAL OF THE SENATE

(0) Tlili. subsection shall cease to apply upon the adoption of a lulu ui mgulatiou as piuvided for in subpatagiaph (a)(17)(D) uf this Code section."

SECTION 3.

Said title is further amended by striking in its entirety subsection (d) of Code Section 12-78, relating to the certification of a local governing authority as an issuing authority, and inserting in lieu thereof the following:
"(d) The Upon written request made by an issuing authority, the director may determine that the public interest requires initiation of an enforcement action by the division. Such
Itii^Ucibl Slid.il 06 ciCCulUjiclilicQ Dy ClOCUiiltij.lLtiLiOll LllclL CliilllOilSti clt^iS tO tilG CtlFGCliGl S SilLiS-
IclCLiOii I/licit 10C3.I I'fitUGdy liclS D6611 tX113.U.SL(:;u clilu. LliHt COlUj^lictiiCc Witll 1OC3.1 (jitlllictiiCcB
or re&olutiuns has not been achieved. Where such a determination is made and the issu ing authority has failed to secure compliance, the director may implement the board's rules and seek compliance under provisions of Code Sections 12-7-12 through 12-7-15. For purposes of this subsection, enforcement actions taken by the division pursuant to Code Sections 12-7-12 through 12-7-15 shall not require prior revocation of certification of the county or municipality as an issuing authority."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed. Senator Isakson of the 21st offered the following amendment:

Amend the committee substitute to SB 375 by striking the word "each" at the end of line 22 of page 3, striking line 23 of page 3, and inserting in lieu thereof the following:
"the year in which the land-disturbing activity was permitted, as well as the following:".
On the adoption of the amendment, the yeas were 45, nays 0, and the Isakson amend ment to the committee substitute was adopted.

Senator Egan of the 40th offered the following amendment:

Amend the committee substitute to SB 375 by adding on line 16 page 2 after "activities." "Proof by clear and convincing evidence of.

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

Those voting in the affirmative were Senators:

Black Blitch Boshears Burton Cheeks

Clay Egan Guhl Kemp Oliver

Ralston Slotin Turner Tysinger

Those voting in the negative were Senators:

Abernathy Balfour Bowen Broun of 46th Cagle Crotts Dean Edge Farrow Gillis Glanton
Gochenour

Griffin Harbison Hill Hooks Isakson James Johnson of 1st Land Langford Madden Marable

McGuire Middleton Newbill Perdue Pollard Ragan Starr Stokes Taylor Thomas Thompson

MONDAY, MARCH 6, 1995

1041

Those not voting were Senators:

Brown of 26th Day (excused) Henson

Johnson of 2nd Ray Scott

Tanksley Walker

On the adoption of the amendment, the yeas were 14, nays 34; and the Egan amend ment to the committee substitute was lost.
On the adoption of the substitute, the yeas were 39, nays 2, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden

Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Slotin Starr Stokes Taylor Thompson Turner Tysinger

Voting in the negative was Senator Boshears.

Those not voting were Senators:

Brown of 26th Day (excused) Ray

Scott Tanksley

Thomas Walker

On the passage of the bill, yeas were 48, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 292. By Senators Langford of the 29th, Gochenour of the 27th and Thompson of the 33rd:
A bill to amend Code Section 15-11-4.1 of the Official Code of Georgia Annotat ed, relating to training seminars for judges and associate judges exercising juve nile court jurisdiction, so as to provide for establishment of seminars by the Council of Juvenile Court Judges in conjunction with the Institute of Continuing Judicial Education of Georgia; to provide for court rules relating to such semi nars.

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JOURNAL OF THE SENATE

The Senate Judiciary Committee offered the following substitute to SB 292:
A BILL
To be entitled an Act to amend Code Section 15-11-4.1 of the Official Code of Georgia Anno tated, relating to training seminars for judges and associate Judges exercising juvenile court jurisdiction, so as to provide for establishment of seminars by the Council of Juvenile Court Judges in conjunction with the Institute of Continuing Judicial Education of Georgia; to provide for court rules relating to such seminars; to restrict credit received for out-of-state seminars; to require participation in established or approved seminars by Judges and associate Juvenile court judges; to require compliance with rules established by the Council of Juvenile Court Judges relating to such training; to require certification that annual training has been accomplished; to provide for hardship extensions for compliance deadlines; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-11-4.1 of the Official Code of Georgia Annotated, relating to training semi nars for judges and associate Judges exercising juvenile court jurisdiction, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) The Council of Juvenile Court Judges, in conjunction with the Institute of Continu ing Judicial Education of Georgia, shall establish seminars tor all Judges and associate Juvenile court judges exercising juvenile court jurisdiction and may make provisions rel ative to those seminars by court rules properly adopted; provided, however, that all semi nars will be held within this state said judges shall receive credit for attending seminars outside of this state only in circumstances of hardship as determined by the Council of Juvenile Court Judges."
SECTION 2.
Said Code section is further amended by striking in its entirety subsection (d) and inserting in its place a new subsection (d) to read as follows:
"(d) Each judge and associate juvenile court judge exercising juvenile jurisdiction shall participate in at least one seminar established or approved by the Council of Juvenile Court Judges each year and meet such rules as established by the council pertaining to such training. Superior court judges may meet this requirement by attending seminars held in conjunction with the seminars for superior court judges provided by the Institute for of Continuing Judicial Education of Georgia. Judges and associate juvenile court judges Such judges shall not exercise juvenile court jurisdiction after January 1, 1983, unless the Council of Juvenile Court Judges certifies that annual training has been ac complished or unless the judge is in the first year of his or her initial appointment; pro vided, however, that the council may in hardship cases extend deadlines for compliance with this Code section.1'
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 1, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

MONDAY, MARCH 6, 1995

1043

On 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
Black Blitch Boshears
Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks
Clay Crotts Dean Edge Egan Farrow

Gillis Glanton
Gochenour Griffin Guhl
Harbison Henson Hill Hooks Isakson James
Johnson of 2nd Johnson of 1st Kemp Land Langford Madden

Marable McGuire
Middleton Newbill Oliver
Perdue Pollard Ragan Ralston Ray Slotin
Stokes Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Day (excused) Scott

Starr Tanksley

Thomas

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

SB 247. By Senators Burton of the 5th, Harbison of the 15th, Kemp of the 3rd and others:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Student Finance Authority Act," so as to provide education grants to certain children of members of the armed forces who are killed in action, die in service, or who are missing in action and to certain children of members of the Georgia National Guard who are killed while on active duty either in the service of this state or the United States.

Senators Burton of the 5th and Harbison of the 15th offered the following amendment:
Amend SB 247 by striking from line 27 of page 1 the word "citizen" and inserting lieu thereof the word "resident".
By adding on line 6 of page 2 between the word "States" and the period the following:
"and who was a resident of the State of Georgia at the time of entering service in the armed forces of the United States or was a registered voter of the State of Georgia at the time of his or her death or when he or she was listed as missing in action",
and by adding on line 14 of page 2 between the word "States" and the period the following:
"and was a resident of the State of Georgia at the time such person was called on active duty".

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JOURNAL OF THE SENATE

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 27, 1995
The Honorable Ed Harbison, Chairman Senate Defense and Veterans Affairs Committee Legislative Office Building, Room 320 Atlanta, Georgia 30334
SUBJECT: Fiscal Note Senate Bill 247 (AM 10 0395)
Dear Chairman Harbison:
This bill would provide education grants of $2,000 per academic year to certain chil dren of members of the armed forces who are killed in action, die in service, are missing in action, or whose death is documented to be caused by illness or injury connected with ser vice in the armed forces. This bill also makes these education grants available to certain children of members of the Georgia National Guard who are killed while on active duty either in the service of this state or the United States.
The fiscal impact of this bill cannot be determined. We are unable to determine the number of Georgia residents who would apply for this education grant and meet certain eligibility criteria. The eligibility criteria include requirements that the person be under age 26 and a child of a member of the armed forces of the United States who is killed in action, dies in service, is missing in action, or whose death is documented to be caused by illness or injury connected with service in the armed forces. The amendment also requires the service member to have been a resident of Georgia at the time of entering service in the armed forces or a registered voter in Georgia at the time of death or when listed as missing in action.
To estimate the fiscal impact of this bill, the United States Department of Veterans Affairs has indicated that as of September, 1994, there were 1,399 children of service mem bers receiving dependency and indemnity compensation benefits. Of these children, 1,152 would qualify for the educational grant established by this bill. This represents the number of children living in Georgia and receiving V.A. benefits and does not necessarily reflect the number of children whose parent was a resident or registered voter of Georgia. In addition, this represents a maximum number of grant-eligible children; some may have completed their education or may not desire to further their education and therefore will not apply for the grant funds. However, if all eligible children who meet the qualifying criteria contained in the bill applied for the grant, the potential fiscal impact is estimated at $9.24 million based on the $8,000 maximum grant award spread over a number of fiscal years. The fiscal years in which this amount would be paid to eligible students are depen dent upon the year of enrollment. Using the $2,000 annual limit contained in the bill, the potential annual fiscal impact is estimated at $2.31 million assuming all eligible students enrolled in the same fiscal year. This cost estimate does not include any children who would become eligible due to any future conflicts.
This fiscal impact of the provision in this bill relating to benefits for children of Georgia National Guard members killed while on active duty cannot be determined. The Georgia Department of Defense has indicated that 12 aviators have been killed while on active duty since January 1972 and there have been 10 ground accidents resulting in death since

MONDAY, MARCH 6, 1995

1045

January 1983. No information is available regarding the number of children of these 22 National Guard members who would be eligible for the education grant.
Sincerely,
Is/ Claude L. Vickers State Auditor
Isi Henry M. Huckaby, Director Office of Planning and Budget

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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Day (excused) Dean

Scott Starr

Tanksley

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 347. By Senator Boshears of the 6th:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, so as to clarify provisions relating to guardians' commis sions generally; to provide for appointment of guardians for beneficiaries of the United States Department of Veterans Affairs; to provide for numbers of wards per guardian; to provide for compensation of guardians and fiduciaries for bene ficiaries of the United States Department of Veterans Affairs.

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JOURNAL OF THE SENATE

The Senate Committee on Defense and Veterans Affairs offered the following substi tute to SB 347:

A BILL
To be entitled an Act to amend Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, so as to clarify provisions relating to guardians' commissions gen erally; to provide for appointment of guardians for beneficiaries of the United States De partment of Veterans Affairs; to provide for numbers of wards per guardian to provide for compensation of guardians of beneficiaries of the United States Department of Veterans Affairs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, as amended by striking in its entirety Code Section 29-2-42, relating to guardians' commis sions, extra compensation, and traveling expenses, and inserting in its place a new Code Section 29-2-42 to read as follows:
"29-2-42.

(a) Guardians shall be allowed the same commissions for receiving and paying out the estates of their wards as are allowed to administrators. Guardians may be allowed an additional annual commission of 5 one-half of 1 percent of the market value, determined as of December 31 of each year, of the property held in their estates.
(b) Extra compensation, compensation for delivery of property in kind, and traveling ex penses shall be allowed to them guardians upon the same principles as to administrators.
(c) The provisions of this Code section shall not apply to any guardianship created by appointment made Pursuant to the provisions of Chapter 6 of this title."

SECTION 2.

Said title is further amended by striking in its entirety Code Section 29-6-7, relating to appointment of fit and proper guardians for beneficiaries of the United States Department of Veterans Affairs, and inserting in its place a new Code Section 29-6-7 to read as follows:
"29-6-7.
Before making an appointment under this chapter, the judge of the probate court shall be satisfied that the guardian whose appointment is sought is a fit and proper person to be appointed. A qualified natural person shall ordinarily be preferred for appointment as guardian under this chapter, but the judge of the probate court may in his or her discre tion appoint a qualified nonnatural person as guardian."

SECTION 3.

Said title is further amended by striking in its entirety Code Section 29-6-8, relating to limitation on the number of wards per guardian of beneficiaries of the United States De partment of Veterans Affairs, and inserting in its place a new Code Section 29-6-8 to read as follows:

"29-6-8.

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MONDAY, MARCH 6, 1995

1047

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burs uf the kaaie family. There shall be no limit upon the number of wards for whom a person may accept appointment as guardian under this chapter. The decision whether to appoint a person who already serves as a guardian to any additional guardianship shall be within the sole discretion of the judge of the probate court having jurisdiction."

SECTION 4.

Said title is further amended by striking in its entirety Code Section 29-6-15, relating to compensation of guardians of beneficiaries of the United States Department of Veterans Affairs, and inserting in its place a new Code Section 29-6-15 to read as follows:
"29-6-15.
(a) As compensation for his or her service, a guardian shall have a commission of 5 per cent on all income of the ward during any year.
(b) In the event that the ward's monthly service connected disability compensation pay ment from the United States Department of Veterans Affairs is discontinued or sus pended pursuant to Public Law 101-508, kiiuwii as Lhe federal Guiignashiuiidl Omnibus Budget Reconciliation Act of 1990, then in that event, the guardian, subject to court ap proval which shall be given unless it appears to the court that the estate is unfairly prejudiced or the payment would be a manifest injustice, shall be entitled to 5 percent additional commission on all sums paid out by him or her from the time the disability compensation payment is discontinued or suspended until the time the disability com pensation payment is resumed.
(c) In the event that extraordinary services are rendered by the guardian, the court, upon petition and after hearing thereon, may authorize additional compensation therefor, pay able from the estate of the ward. Notice of the petition and hearing shall be given to the proper office of the United States Department of Veterans Affairs not less than 30 days prior to the hearing on the petition. No compensation shall be allowed on the corpus of an estate received from a preceding guardian. The guardian may also be allowed from the estate of his or her ward reasonable premiums paid by him the guardian to any corporate surety upon his or her bond."

SECTION 5.

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 Black
Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks

Clay Crotts Dean
Edge Egan Farrow Gillis Glanton Gochenour Griffin

Guhl Harbison Henson
Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land

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JOURNAL OF THE SENATE

Langford
Madden Marable McGuire Middleton
Newbill Oliver

Perdue Pollard Ragan Ralston Ray Slotin

Stokes Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Blitch Day (excused) Isakson

Scott Starr

Tanksley Walker

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 346. By Senators James of the 35th, Harbison of the 15th and Griffin of the 25th:

A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special and distinctive license plates, so as to provide that members of the reserve components of the United States armed forces shall be eligible to retain their special license plates after retirement; to define a certain term; to provide for clarification; to provide for editorial revisions.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch
Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle Cheeks
Crotts Dean Edge Egan
Farrow
Gillis

Glanton Gochenour Griffin Guhl
Harbison Henson
Hill Hooks Isakson James Johnson of 2nd
Johnson of 1st Kemp Land Langford
Madden
Marable

McGuire Middleton Newbill Oliver
Perdue Pollard
Ragan Ralston Ray Slotin Stokes
Taylor Thomas Thompson Turner
Tysinger

Those not voting were Senators:

Clay Day (excused)

Scott Starr

Tanksley Walker

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

MONDAY, MARCH 6, 1995

1049

SR 228. By Senators Johnson of the 1st and Johnson of the 2nd:

A RESOLUTION
Proposing an amendment to the Constitution so as to allow the owners of certain real prop erty located in certain industrial areas to remove the property from the industrial area; to provide that such removal shall be irrevocable and binding on successors and heirs; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.

SECTION 1.

Article XI, Section I, Paragraph IV of the Constitution is amended by adding at the end thereof a new subparagraph (e) to read as follows:
(e) Any person owning property in an industrial area described in subparagraph (d) may voluntarily remove the property from the industrial area by filing a certificate to that effect with the clerk of the superior court for the county in which the property is located, but only if the property is located on an island. Once the certificate is filed, the property described in the certificate, together with all public streets and rights of way within the property, abutting the property, or connecting the property to property outside the indus trial area will no longer be in the industrial area and may be annexed by an adjacent city. The filing of a certificate will be irrevocable and will bind the owners, their heirs, and their assigns. The term 'owner' includes anyone with a legal or equitable ownership in property but does not include a beneficiary of any trust or a partner in any partnership owning an interest in the property or anyone owning an easement right in the property."

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 Shall the Constitution be amended so as to allow the owner of island property ( ) NO located within a constitutional industrial area voluntarily to remove the prop
erty from the industrial area?"
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.

Senators Johnson of the 1st and Johnson of the 2nd offered the following amendment:
Amend SR 228
by inserting "public" on line 19 of page 1 after "and" and before "rights".
On the adoption of the amendment, the yeas were 39, nays 0, and the Johnson of the 1st and Johnson of the 2nd amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears

Bowen Broun of 46th Brown of 26th Burton Cagle

Cheeks Clay Crotts Dean Edge

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JOURNAL OF THE SENATE

Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson
Hill Hooks Isakson

James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire
Middleton Newbill

Perdue Pollard Ragan Ralston Ray Slotin Stokes Thomas Thompson
Turner Tysinger

Those not voting were Senators:

Day (excused) Oliver Scott

Starr Tanksley

Taylor Walker

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted as amended.

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

Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:

HB 490. By Representatives Streat of the 167th, Benefield of the 96th, Floyd of the 138th, Shaw of the 176th, Smith of the 169th and others:
A bill to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the regulation and use of public roads generally, so as to change pro visions relating to weights authorized for vehicles carrying nonuniform and noncontainerized loads to the point of the first delivery.

The Calendar was resumed.

SB 343. By Senator Thomas of the 10th:
A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to clarify the power of the Secretary of State to issue rules and regulations con cerning duties required of that office or which necessarily attach to it.

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

On 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 Black Boshears Bowen Broun of 46th

Burton Cagle Cheeks Clay Crotts Dean

Edge Farrow Gillis Glanton Gochenour Griffin

MONDAY, MARCH 6, 1995

1051

Harbison Henson Hill Hooks Isakson James Johnson of 2nd Kemp Land Langford

Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston

Ray Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger

Those voting in the negative were Senators:

Blitch

Guhl

Egan

Johnson of 1st

Those not voting were Senators:

Day (excused) Brown of 26th

Scott Tanksley

Walker

On the passage of the bill, the yeas were 47, nays 4. The bill, having received the requisite constitutional majority, was passed.

HB 3. By Representative Buck of the 135th:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for claims for refunds of certain state income taxes paid with respect to federal pension income; to provide for tax refunds with respect to income taxes owed by a taxpayer.
Senate Sponsor: Senator Perdue of the 18th.

The Senate Committee on Finance and Public Utilities offered the following substitute toHB 3:

A BILL
To be entitled an Act to amend Chapter 2 of Title 48 of the Official Code of Georgia Anno tated, relating to state administrative organization, administration, and enforcement, so as to provide for the refund of certain income taxes to certain retired federal employees; to provide for definitions; to provide for refund requests and procedures; to provide for rights and duties of persons making requests; to provide for powers, duties, and authority of the state revenue commissioner, the Department of Revenue, and the Office of State Adminis trative Hearings; to provide for automatic repeal of the foregoing provisions; 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 48 of the Official Code of Georgia Annotated, relating to state adminis trative organization, administration, and enforcement, is amended by adding a new article at the end thereof, to be designated Article 4, to read as follows:
"ARTICLE 4
48-2-100. As used in this article, the term:
(1) 'Common fund' means the total dollar amount of reduced principal to be refunded with simple interest calculated pursuant to this article to eligible recipients.

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(2) 'Eligible recipient' means a retired federal employee whose retirement income was taxed by the State of Georgia for the year 1985, 1986, 1987, or 1988 and who was a resident Georgia taxpayer during that tax year, who failed to file a timely refund claim for that tax year pursuant to Code Section 48-2-35, and who did not qualify to receive a refund for that tax year pursuant to HB 90, if such Act is enacted and approved at the 1995 regular session of the General Assembly, notwithstanding the accord and satis faction provisions of any other Act enacted and approved at the 1995 regular session of the General Assembly, specifically including, but not limited to, HB 90, if it is so en acted and approved, or any other law to the contrary.
(3) 'Installment payments' means those payments of reduced principal and interest thereon to eligible recipients which are to be made according to the schedule provided for by this article.
(4) 'Reduced principal' means an amount equal to 85 percent of the taxes collected in tax years 1985, 1986, 1987, and 1988 by the state from retired federal employees who are eligible recipients under this article, which taxes were unconstitutional under the principles set forth in Davis v. Michigan, 489 U.S. 803 (1989).
(5) 'Refund request" means a written notice, whether on a Form 500 X or other appro priate written notice provided by the commissioner, which must be filed by the tax payer with the department on or after November 1,1995, and on or prior to December 15, 1995, for one or more of the tax years 1985, 1986, 1987, and 1988 in accordance with this article.
(6) 'Retired federal employees' means federal civil service employees and United States military personnel or their heirs or their estate or legal representative.
(7) 'Retirement income' means income which was taxed by the State of Georgia for tax years 1985, 1986, 1987, and 1988 and which taxes were unconstitutional under the principles set forth in Davis v. Michigan, 489 U.S. 803 (1989).
48-2-101.
(a) The state shall pay refund requests to eligible recipients in the amount of the reduced principal paid by the eligible recipient for each year that the eligible recipient filed a refund request. Refunds shall be paid in four approximately equal installment payments on or before the fifteenth day of October 1996, 1997, 1998, and 1999 until the reduced principal and interest thereon have been paid in full. The state shall pay to an eligible recipient interest calculated at 7 percent simple interest on the unpaid balance of the reduced principal due that eligible recipient from the date of the first installment pay ment until paid in full.
(b) The total amount of the reduced principal and interest due the eligible recipients shall constitute a common fund. The state may pay refunds prior to the scheduled install ment date and no prepayment penalty shall be assessed. The common fund exists only as an accounting device for purposes of calculation of the amount of the reduced principal and interest thereon due eligible recipients. No appropriations are required to fund the common fund. The common fund is not a separate fund for purposes of any appropria tions Act.
48-2-102.
(a) The department shall calculate the amount of each eligible recipient's refund and at the time of the first disbursement shall provide each eligible recipient with written notice mailed to the last known address of each eligible recipient. The written notice shall detail the estimated total amount of the common fund, the installment payment schedule, and the pro rata share annually estimated to be due the particular taxpayer who is an eligi ble recipient. The amount shown as the pro rata share for each eligible recipient shall separately disclose the amount of reduced principal and interest thereon and any setoffs for other unpaid taxes due by the taxpayer at the time of the written notice.

MONDAY, MARCH 6, 1995

1053

(b) The written notice shall advise eligible recipients that negotiation of the first dis bursement shall constitute a release and full accord and satisfaction for any and all re fund requests for tax years 1985,1986, 1987, and 1988 which the eligible recipient has or may have for recovery of taxes alleged to be illegal based on 4 U.S.C. Section 111, the doctrine of intergovernmental immunity, or the decision of the United States Supreme Court in Davis v. Michigan Dep't of Treasury 489 U.S. 803 (1989). Negotiation of the first disbursement shall also constitute full and complete acceptance of all the terms and conditions set forth in this article and shall bar any challenges to this article.
(c) An eligible recipient may decline to participate in the refund procedure under this article by providing written objection of same to the commissioner on or before 90 days from receipt of the notice. Notice shall be presumed to have been received three days from the date of mailing by the commissioner. Failure to send timely written objection shall forever bar any claim the eligible recipient may have for recovery of taxes for tax years 1985, 1986, 1987, and 1988 alleged to be illegal based on 4 U.S.C. Section 111, the doctrine of intergovernmental immunity, or the decision of the United States Supreme Court in Davis v. Michigan, except as otherwise provided for in this article.
(d) The written notice shall also advise each eligible recipient that such recipient may request a conference within 30 days of receipt of the written notice and first disburse ment provided for in subsection (b) of this Code section before the commissioner or the commissioner's designee in connection with any dispute involving the amount calculated as the refund due, taking into account any setoffs applied. To exercise this right, the eligible recipient shall specify such desire in writing directed to the commissioner, and the commissioner or the commissioner's designee shall grant a conference at a time he or she shall reasonably specify, which in any event, shall be no more than 30 days from the date of such request. Negotiation of the first disbursement by the eligible recipient shall forever bar any right to dispute the amount calculated as the refund due as shown in the written notice.
(e) The commissioner or the commissioner's designee must make a determination of the amount due the eligible recipient within 60 days of the conference. Notice of the determi nation must be in writing and must be mailed to the last known address of the eligible recipient. Appeals of the determination of the commissioner shall be made within 60 days to the Office of State Administrative Hearings.
(f) All other disputes pursuant to this article not involving questions regarding the spe cific refund due the eligible recipient shall be referred to the Office of State Administra tive Hearings. Any disputes brought before the Office of State Administrative Hearings shall be heard and decided pursuant to the procedures specified in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' unless specifically provided otherwise in this article. The Office of State Administrative Hearings shall enter such orders and make such findings as necessary to implement this article and to effectuate the full, prompt, and final disposition of the refund requests of eligible recipients under this article. With out limitation, the Office of State Administrative Hearings shall determine the validity and timeliness of individual refund requests. The Office of State Administrative Hear ings shall also review the determination of the commissioner or the commissioner's des ignee as to the amounts due eligible recipients.
(g) Eligible recipients may appeal any decision of the Office of State Administrative Hearings to the superior court of the county of the residence of the taxpayer, except that if the taxpayer is a nonresident individual, any appeal shall be made to the Superior Court of Fulton County. All appeals from the Office of State Administrative Hearings shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
48-2-103.
(a) In the event of a refund to an eligible recipient, the commissioner may set off other state taxes which have become due, whether at the time of initial calculation or thereafter.

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(b) The department may not exercise the right to set off other state taxes which have become due unless and until it provides written notice to the eligible recipient. The eligi ble recipient may contest the setoff according to laws, policies, and procedures of the department.
(c) When the setoff authorized by this Code section is exercised, the refund shall be deemed granted and the amount of the setoff shall be considered for all purposes as a payment toward the particular tax debt which is being set off. Any excess refund amount remaining after the setoff has been applied shall be refunded to the taxpayer as other wise provided in this Code section.
48-2-104.
Notwithstanding any provision of law to the contrary, interest paid to eligible recipients pursuant to this article shall not constitute income for the purposes of Chapter 7 of this title.
48-2-105.
This article shall stand repealed and shall be null and void and of no effect with no fur ther legislative action required on December 31, 2000."
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 Tysinger of the 41st moved that pursuant to Senate Rule 175, he be excused from voting.
On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Tysinger of the 41st was excused from voting on HB 3.
Senator Ragan of the llth moved that pursuant to Senate Rule 175, he be excused from voting.
On the motion, the yeas were 45, nays 0; the motion prevailed, and Senator Ragan of the llth was excused from voting on HB 3.
Senator James of the 35th moved that pursuant to Senate Rule 175, she be excused from voting.
On the motion, the yeas were 46, nays 0; the motion prevailed, and Senator James of the 35th was excused from voting on HB 3.
Senators Perdue of the 18th, Land of the 16th and Harbison of the 15th offered the following amendment:
Amend the Committee on Finance and Public Utilities substitute to HB 3 by inserting at the end of line 7 on page 2 the following:
"A retired federal employee whose retirement income was taxed by the State of Georgia for the year 1985, 1986, 1987, or 1988 who qualifies for a refund for only some of those four years pursuant to the provisions of HB 90 may file a refund request under this article for any of those four years for which such retired federal employee did not receive a refund under HB 90 if such retired federal employee otherwise meets the qualifications specified under this article."
On the adoption of the amendment, the yeas were 43, nays 0, and the Perdue et al. amendment to the committee substitute was adopted.
Senators Perdue of the 18th, Land of the 16th and Harbison of the 15th offered the following amendment:

MONDAY, MARCH 6, 1995

1055

Amend the Senate Committee on Finance and Public Utilities substitute to HB 3 by strik ing from line 42 of page 2 through line 4 of page 3 the following:
"The state shall pay to an eligible recipient interest calculated at 7 percent simple inter est on the unpaid balance of the reduced principal due that eligible recipient from the date of the first installment payment until paid in full.",
and inserting in its place the following:
"The state shall pay eligible recipients simple interest calculated at 7 percent from the date the income tax payment was due and payable by the eligible recipient until payment of the first installment payment due October 15, 1996. The state shall further pay to an eligible recipient interest calculated at 7 percent simple interest on the unpaid balance of the reduced principal due that eligible recipient, plus accrued interest, until paid in full."
On the adoption of the amendment, the yeas were 41, nays 0, and the Perdue, et al. amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Egan
Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson Johnson of 2nd Johnson of 1st Kemp Land Langford Madden

Marable McGuire Middleton Newbill Oliver Perdue Pollard Ralston Ray Slotin Starr Stokes Taylor Thompson Turner Walker

Those not voting were Senators:

Day (excused) James (excused)
Ragan (excused)

Scott Tanksley

Thomas Tysinger (excused)

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Perdue of the 18th moved that the Senate do now adjourn until 9:00 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 3:17 P.M.

1056

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, March 7, 1995
Thirty-third Legislative Day
The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by the President.
Senator Brown of the 26th 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 Jour nal 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 869. By Representatives Watson of the 139th, Walker of the 141st, Ray of the 128th and Floyd of the 138th:
A bill to provide a homestead exemption from all City of Warner Robins ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $20,000.00 of the assessed value of the homestead for certain persons who have been residents of the City of Warner Robins for at least the immediately preceding five years and who are 65 years of age or over.
HB 872. By Representative Smith of the 109th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Butts County.
HB 874. By Representatives Royal of the 164th and Greene of the 158th:
A bill to amend an Act providing for the compensation of the chairman and members of the Board of Education of Mitchell County, so as to change the com pensation of the chairman and members of such board.
HB 877. By Representative Smith of the 109th:
A bill to amend an Act making provisions for the Magistrate Court of Butts County, so as to change the provisions relating to the election of the chief magis trate of such court.
HB 879. By Representatives Harris of the 17th, Pinholster of the 15th and Stancil of the 16th:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," so as to change the qualifications of the chairman and members; to change the provisions relating to compensation of the chairman and mem bers.
HB 882. By Representative Smith of the 102nd:
A bill to create the Harris County Public Improvements Authority and to pro vide for the appointment of members of the Authority.

TUESDAY, MARCH 7, 1995

1057

HB 883. By Representative Smith of the 102nd:
A bill to create the Harris County Streets and Roads Authority and to provide for the appointment of members of the Authority.
HB 888. By Representatives Hart of the 116th and DeLoach of the 119th:
A bill to amend an Act creating the State Court of Burke County, so as to change the compensation of the judge of such court.
HB 893. By Representative Hudson of the 156th:
A bill to amend an Act incorporating the City of Ocilla, so as to provide for the election of the mayor and councilmembers from districts; to provide for such districts.
HB 897. By Representative Jenkins of the 110th:
A bill to amend an Act to provide a new charter for the City of Forsyth, so as to change the time for holding elections for the offices of mayor and councilmembers.
SB 176. By Senator Middleton of the 50th:
A bill to create the Board of Commissioners of Dawson County; to provide for continuation of certain obligations and liabilities; to provide for a chairperson and four additional members; to provide for elections and terms of office; to pro vide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk.
SB 177. By Senator Middleton of the 50th:
A bill to amend an Act providing for an elected Board of Education of Dawson County, as amended, so as to change the number of and reapportion the educa tion districts for the election of members of the board of education; to provide for the manner of electing members of the board of education; to provide for submis sion of this Act.
SB 357. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, as amended, so as to change the compensation of said of ficer.
SB 358. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act creating the board of commissioners of Clayton County, as amended, so as to change the compensation of the members of said board.
SB 371. By Senators Farrow of the 54th and Black of the 53rd:
A bill to amend an Act creating the Board of Commissioners of Whitfield County, as amended, so as to provide for staggered terms of office for members of the board of commissioners; to provide for initial and regular terms of office; to provide for a referendum; to provide for submissions and the automatic repeal of this Act.

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JOURNAL OF THE SENATE

HB 611. By Representatives Parham of the 122nd, Twiggs of the 8th and Parrish of the 144th:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change the provisions relating to definitions; to change the provisions relating to the powers of the State Board of Pharmacy; to change the provisions relating to licensing of reciprocity; to pro vide for the registration of reverse drug distributors.
HB 523. By Representatives Kinnamon of the 4th, Shanahan of the 10th, Stephenson of the 25th, Childers of the 13th, Perry of the llth and others:
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 authorize tax collectors, tax commissioners, and certain other tax officials to waive certain interest due on unpaid ad valorem taxes.
HB 530. By Representatives Floyd of the 138th, Hudson of the 156th, Walker of the 141st, Royal of the 164th and Chambless of the 163rd:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for a limitation on the liability of persons acting in good faith to prevent, minimize, and repair injury and damage resulting from catastrophic acts of nature.
HB 641. By Representatives Benefield of the 96th and Bailey of the 93rd:
A bill to amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the membership of the State Transportation Board, so as to provide for per diem and transportation costs for expenses incurred when acting as a representative of the State Transportation Board.
HB 468. By Representative Cox of the 160th:
A bill to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to change the method for computing minimum compensation for magistrates, chief magistrates, and senior magis trates; to provide for increases in such minimum compensation.
HB 601. By Representatives Snow of the 2nd and Coker of the 31st:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, so as to provide for the permanent registration and issuance of permanent license plates for vehi cles owned by the State of Georgia and its political subdivisions.
HB 492. By Representatives Coker of the 31st and Barnes of the 33rd:
A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, so as to change the provisions relative to population relating to issuance of marriage licenses at sat ellite courthouses in certain counties.

TUESDAY, MARCH 7, 1995

1059

HB 493. By Representatives Coker of the 31st and Barnes of the 33rd:
A bill to amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to time, place, and procedure of the probate courts, so as to change the provisions relative to population relating to additional courthouse locations of the probate court.

HB 570. By Representatives Lucas of the 124th, Sinkfield of the 57th and Martin of the 47th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition and rate of income taxes, so as to provide for a tax credit for employers who employ AFDC recipients; to provide for conditions and procedures regarding such credits; to provide for automatic repeal; to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotat ed, the "Aid to Dependent Children Act," so as to provide for a subsidized em ployment demonstration "Jobs First Program".

HB 595. By Representatives Towery of the 30th, Harbin of the 113th and Shipp of the 38th:
A bill to amend Code Section 33-10-1 of the Official Code of Georgia Annotated, relating to assets to be considered in determining the financial condition of in surers, so as to provide that electronic and mechanical machines constituting a data processing, record keeping, or accounting system shall be allowed to be counted as assets under certain conditions.

HB 609. By Representative Watson of the 139th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change the definition of cer tain terms; to define additional terms; to provide considerations determining granting of a certificate generally with respect to motor common carriers of pas sengers or household goods.

HB 653. By Representative Watson of the 139th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by handicapped persons, so as to provide for access and use of such facilities by persons with disabilities.

HB 610. By Representatives Baker of the 70th, Chambless of the 163rd and Bostick of the 165th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the method of determining whether a breath test used to determine whether a person was driving under the influence of alcohol or drugs was properly conducted; to provide for two breath samples to be taken in such testing.

1060

JOURNAL OF THE SENATE

HB 528. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th, Walker of the 141st, Childers of the 13th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create a new Department of Public Health and transfer to that department certain functions and duties previously performed by the Depart ment of Human Resources; to create a Board of Public Health and provide for the appointment, qualification, terms, organization, and compensation and ex penses of its members.
HB 474. By Representatives Stancil of the 91st, Coleman of the 142nd, Porter of the 143rd and Parham of the 122nd:
A bill to amend Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to state motor vehicle transportation, so as to change the reimbursement rate for actual traveling expenses incurred when traveling in the service of the state by personal motor vehicle.
HB 579. By Representatives Lane of the 146th, Dobbs of the 92nd and Barnes of the 33rd:
A bill to amend Article 10 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Self-insurers Guaranty Trust Fund, so as to define the terms self-insurer to include a county or municipal hospital authority; to delete references to the term of office of the chairman of the board of trustees; to revise provisions relative to the assessment of participants.
HB 636. By Representative Mueller of the 152nd:
A bill to amend Code Section 21-2-98 of the Official Code of Georgia Annotated, relating to compensation of county poll officers, so as to increase the minimum compensation of the chief manager in all counties of this state having a popula tion of 200,000 or more according to the United States decennial census of 1990 or any future such census.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 420. By Representatives Teper of the 61st, Baker of the 70th, Lawrence of the 64th, McClinton of the 68th, Polak of the 67th and others:
A resolution creating the Joint Study Committee on DeKalb County's Form of Government.
HR 335. By Representatives Royal of the 164th and Greene of the 158th:
A resolution authorizing the lease of certain real property located in the City of Pelham.
HR 334. By Representative Parham of the 122nd:
A resolution authorizing the conveyance of certain state owned real property located in the City of Milledgeville.

TUESDAY, MARCH 7, 1995

1061

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 462. By Senator Pollard of the 24th:
A bill to provide for a local salary supplement to the compensation, expenses, and allowances of the judges of the superior courts of the Toombs Judicial Cir cuit by the counties comprising such circuit; to provide for the amount of such supplements.
Referred to Committee on State and Local Governmental Operations.
SB 463. By Senators Gillis of the 20th and Ray of the 19th:
A bill to amend an Act providing for the election of members of the Board of Education of Laurens County from single member districts and providing for said districts, as amended, so as to provide for the redrawing of the district lines.
Referred to Committee on State and Local Governmental Operations.
SB 464. By Senators Gillis of the 20th and Ray of the 19th:
A bill to amend an Act providing a charter for the City of East Dublin, as amended, so as to change the corporate limits.
Referred to Committee on State and Local Governmental Operations.
SB 465. By Senator Walker of the 22nd:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotat ed, relating to real estate appraisers, so as to provide for appraiser review of appraisal reports prepared by other appraisers for financial institutions; to pro vide for notice and opportunity to respond to reviews of appraisal reports; to provide for certain conflicts of interest in preparing and reviewing appraisal re ports.
Referred to Committee on Banking and Financial Institutions.
SB 466. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act creating the Alcovy Judicial Circuit, as amended, so as to change the salary supplement for each superior court judge of the Alcovy Judi cial Circuit.
Referred to Committee on State and Local Governmental Operations.
SR 293. By Senators Broun of the 46th, Ray of the 19th, Gillis of the 20th and others:
A resolution creating the Senate Fire Ant Study Committee.
Referred to Committee on Rules.
SR 294. By Senators Bowen of the 13th, Pollard of the 24th and Oliver of the 42nd:
A resolution creating the Joint Public Safety Radar Enforcement Regulatory Study Committee.
Referred to Committee on Rules.

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JOURNAL OF THE SENATE

The following bills and resolutions of the House were read the first time and referred to committees:
HB 468. By Representative Cox of the 160th:
A bill to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to change the method for computing minimum compensation for magistrates, chief magistrates, and senior magis trates; to provide for increases in such minimum compensation.
Referred to Committee on Judiciary.
HB 474. By Representatives Stancil of the 91st, Coleman of the 142nd, Porter of the 143rd and Parham of the 122nd:
A bill to amend Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to state motor vehicle transportation, so as to change the reimbursement rate for actual traveling expenses incurred when traveling in the service of the state by personal motor vehicle.
Referred to Committee on Appropriations.
HB 490. By Representatives Streat of the 167th, Benefield of the 96th, Floyd of the 138th and others:
A bill to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the regulation and use of public roads generally, so as to change pro visions relating to weights authorized for vehicles carrying nonuniform and noncontainerized loads to the point of the first delivery.
Referred to Committee on Transportation.
HB 492. By Representatives Coker of the 31st and Barnes of the 33rd:
A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, so as to change the provisions relative to population relating to issuance of marriage licenses at sat ellite courthouses in certain counties.
Referred to Committee on Special Judiciary.
HB 493. By Representatives Coker of the 31st and Barnes of the 33rd:
A bill to amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to time, place, and procedure of the probate courts, so as to change the provisions relative to population relating to additional courthouse locations of the probate court.
Referred to Committee on Special Judiciary.
HB 523. By Representatives Kinnamon of the 4th, Shanahan of the 10th, Stephenson of the 25th and others:
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 authorize tax collectors, tax commissioners, and certain other tax officials to waive certain interest due on unpaid ad valorem taxes.
Referred to Committee on Finance and Public Utilities.

TUESDAY, MARCH 7, 1995

1063

HB 528. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create a new Department of Public Health and transfer to that department certain functions and duties previously performed by the Depart ment of Human Resources; to create a Board of Public Health and provide for the appointment, qualification, terms, organization, and compensation and ex penses of its members.
Referred to Committee on Health and Human Services.
HB 530. By Representatives Floyd of the 138th, Hudson of the 156th, Walker of the 141st and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relating to torts, so as to provide for a limitation on the liability of persons acting in good faith to prevent, minimize, and repair injury and damage resulting from castastrophic acts of nature.
Referred to Committee on Judiciary.
HB 570. By Representatives Lucas of the 124th, Sinkfield of the 57th and Martin of the 47th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition and rate of income taxes, so as to provide for a tax credit for employers who employ AFDC recipients; to provide for conditions and procedures regarding such credits; to provide for automatic repeal; to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotat ed, the "Aid to Dependent Children Act," so as to provide for a subsidized em ployment demonstration "Jobs First Program".
Referred to Committee on Health and Human Services.
HB 579. By Representatives Lane of the 146th, Dobbs of the 92nd and Barnes of the 33rd:
A bill to amend Article 10 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Self-insurers Guaranty Trust Fund, so as to define the term self-insurer to include a county or municipal hospital authority; to de lete references to the term of office of the chairman of the board of trustees; to revise provisions relative to the assessment of participants.
Referred to Committee on Insurance and Labor.
HB 595. By Representatives Towery of the 30th, Harbin of the 113th and Shipp of the 38th:
A bill to amend Code Section 33-10-1 of the Official Code of Georgia Annotated, relating to assets to be considered in determining the financial condition of in surers, so as to provide that electronic and mechanical machines constituting a data processing, record keeping, or accounting system shall be allowed to be counted as assets under certain conditions.
Referred to Committee on Insurance and Labor.

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JOURNAL OF THE SENATE

HB 601. By Representatives Snow of the 2nd and Coker of the 31st:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, so as to provide for the permanent registration and issuance of permanent license plates for vehi cles owned by the State of Georgia and its political subdivisions.
Referred to Committee on Transportation.
HB 609. By Representative Watson of the 139th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change the definition of cer tain terms; to define additional terms; to provide considerations determining granting of a certificate generally with respect to motor common carriers of pas sengers or household goods.
Referred to Committee on Transportation.
HB 610. By Representatives Baker of the 70th, Chambless of the 163rd and Bostick of the 165th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the method of determining whether a breath test used to determine whether a person was driving under the influence of alcohol or drugs was properly conducted; to provide for two breath samples to be taken in such testing.
Referred to Committee on Special Judiciary.
HB 611. By Representatives Parham of the 122nd, Twiggs of the 8th and Parrish of the 144th:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change the provisions relating to definitions; to change the provisions relating to the powers of the State Board of Pharmacy; to change the provisions relating to licensing by reciprocity; to provide for the registration of reverse drug distributors.
Referred to Committee on Health and Human Services.
HB 636. By Representative Mueller of the 152nd:
A bill to amend Code Section 21-2-98 of the Official Code of Georgia Annotated, relating to compensation of county poll officers, so as to increase the minimum compensation of the chief manager in all counties of this state having a popula tion of 200,000 or more according to the United States decennial census of 1990 or any future such census.
Referred to Committee on State and Local Governmental Operations--General.
HB 641. By Representatives Benefield of the 96th and Bailey of the 93rd:
A bill to amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the membership of the State Transportation Board, so as to provide for per diem and transportation costs for expenses incurred when acting as a representative of the State Transportation Board.
Referred to Committee on Transportation.

TUESDAY, MARCH 7, 1995

1065

HB 653. By Representative Watson of the 139th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by handicapped persons, so as to provide for access and use of such facilities by persons with disabilities.
Referred to Committee on Health and Human Services.
HB 694. By Representatives Smith of the 169th, Byrd of the 170th, Streat of the 167th and others:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to define a cer tain term; to provide that no state agency may expend state funds in any man ner which assists, supports, or encourages certain activities.
Referred to Committee on Appropriations.
HB 869. By Representatives Watson of the 139th, Walker of the 141st, Ray of the 128th and Floyd of the 138th:
A bill to provide a homestead exemption from all City of Warner Robins ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $20,000.00 of the assessed value of the homestead for certain persons who have been residents of the City of Warner Robins for at least the immediately preceding five years and who are 65 years of age or over.
Referred to Committee on State and Local Governmental Operations.
HB 872. By Representative Smith of the 109th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Butts County.
Referred to Committee on State and Local Governmental Operations.
HB 874. By Representatives Royal of the 164th and Greene of the 158th:
A bill to amend an Act providing for the compensation of the chairman and members of the Board of Education of Mitchell County, so as to change the com pensation of the chairman and members of such board.
Referred to Committee on State and Local Governmental Operations.
HB 877. By Representative Smith of the 109th:
A bill to amend an Act making provisions for the Magistrate Court of Butts County, so as to change the provisions relating to the election of the chief magis trate of such court.
Referred to Committee on State and Local Governmental Operations.
HB 879. By Representatives Harris of the 17th, Pinholster of the 15th and Stancil of the 16th:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," so as to change the qualifications of the chairman and members; to change the provisions relating to compensation of the chairman and mem bers.
Referred to Committee on State and Local Governmental Operations.

1066

JOURNAL OF THE SENATE

HB 882. By Representative Smith of the 102nd: A bill to create the Harris County Public Improvements Authority and to pro vide for the appointment of members of the Authority.
Referred to Committee on State and Local Governmental Operations.
HB 883. By Representative Smith of the 102nd: A bill to create the Harris County Streets and Roads Authority and to provide for the appointment of members of the Authority.
Referred to Committee on State and Local Governmental Operations.
HB 888. By Representatives Hart of the 116th and DeLoach of the 119th: A bill to amend an Act creating the State Court of Burke County, so as to change the compensation of the judge of such court.
Referred to Committee on State and Local Governmental Operations.
HB 893. By Representative Hudson of the 156th: A bill to amend an Act incorporating the City of Ocilla, so as to provide for the election of the mayor and councilmembers from districts; to provide for such districts.
Referred to Committee on State and Local Governmental Operations.
HB 897. By Representative Jenkins of the 110th: A bill to amend an Act to provide a new charter for the City of Forsyth, so as to change the time for holding elections for the offices of mayor and councilmembers.
Referred to Committee on State and Local Governmental Operations.
HR 334. By Representative Parham of the 122nd: A resolution authorizing the conveyance of certain state owned real property located in the City of Milledgeville.
Referred to Committee on Finance and Public Utilities.
HR 335. By Representative Royal of the 164th and Greene of the 158th: A resolution authorizing the lease of certain real property located in the City of Pelham.
Referred to Committee on Finance and Public Utilities.
HR 420. By Representatives Teper of the 61st, Baker of the 70th, Lawrence of the 64th and others: A resolution creating the Joint Study Committee on DeKalb County's Form of Government.
Referred to Committee on Rules.

TUESDAY, MARCH 7, 1995

1067

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

Mr. President:

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

HB 129. Do pass by substitute.

HB 233. Do pass by substitute.

HB 202. Do pass by substitute.

HB 328. Do pass by substitute.

Respectfully submitted, Senator Hooks of the 14th District, Chairman

Mr. President:

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

SR 277. Do pass.

HR 231. Do pass by substitute.

Respectfully submitted, Senator Starr of the 44th 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 116. Do pass.
Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President: The Committee on Reapportionment has had under consideration the following bill of
the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 440. Do pass.
Respectfully submitted, Senator Blitch of the 7th District, Chairman

Mr. President: The Committee on Science, Technology and Industry has had under consideration the
following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 344. Do pass.
Respectfully submitted, Senator Tysinger of the 41st District, Chairman

1068

JOURNAL OF THE SENATE

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation 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 458. Do pass.

HB 857. Do pass.

SB 457. Do pass.

HB 808. Do pass.

SB 456. Do pass.

HB 809. Do pass.

SB 399. Do pass.

HB 812. Do pass.

SB 433. Do pass as amended. SB 450. Do pass.

HB 826. Do pass. HB 829. Do pass.

SB 455. Do pass.

HB 830. Do pass.

SB 401. Do pass.

HB 853. Do pass.

SB 402. Do pass. SB 430. Do pass.

HB 855. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:

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

SR 281. Do pass.

HR 291. Do pass.

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

The following bills and resolutions were read the second time:

SR 247 HB 471

SR 254 HB 646

SR 266

HB 253

HB 268

HB 395

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

Black Blitch Boshears Bowen
Brown of 26th Burton Cagle Cheeks
Clay Crotts
Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl
Harbison Henson Hill Hooks
Isakson James
Johnson of 2nd Johnson of 1st Kemp Land Langford Madden

Marable McGuire Middleton Newbill
Oliver Pollard Ragan Ralston
Ray Slotin
Starr Stokes Thomas Turner Tysinger Walker

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Those not answering were Senators:

Abernathy Balfour Broun of 46th

Perdue Scott Tanksley

Taylor Thompson

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Bowen of the 13th introduced the chaplain of the day, Reverend Jim Mcllrath, pastor of First United Methodist Church, Cordele, Georgia, who offered scripture reading and prayer.
The following resolution was read and adopted:

SR 295. By Senator Land of the 16th: A resolution commending John Adams.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday, March 7, 1995 THIRTY-THIRD LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 458 E. Johnson, 1st TYBEE ISLAND
An Act to provide for a new charter for the City of Tybee Island to provide for the reincorporation of the City.

SB 457 Griffin, 25th BALDWIN COUNTY
Amend an Act creating county courts (now State Courts) in certain designated counties of this State to provide for terms of the State Court of Baldwin County.

SB 456 Oliver, 42nd Thomas, 10th CITY OF DECATUR
An Act to provide a homestead exemption from the City of Decatur school dis trict ad valorem taxes for educational purposes.

SB 399 Crotts, 17th Guhl, 45th ROCKDALE COUNTY
Amend an Act to create a board of commissioners for Rockdale County so as to provide for the advertising of bids for certain county expenditures.

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SB 433 Henson, 55th Oliver, 42nd Stokes, 43rd Thomas, 10th Burton, 5th Tysinger, 41st DEKALB COUNTY
An Act to create DeKalb Memorial Stadium Authority to provide for the organi zation and meetings of the authority in DeKalb County. (AMENDMENT)
SB 450 Thompson, 33rd Clay, 37th CITY OF MARIETTA
Amend an Act reincorporating the City of Marietta so as to deannex a certain area of the City.
SB 455 Starr, 44th Thomas, 10th CLAYTON COUNTY
An Act to repeal an Act to determine the millage rate by the governing authori ties of Clayton County.
SB 401 Crotts, 17th Guhl, 45th ROCKDALE COUNTY
Amend an Act to create a board of commissioners for Rockdale County so as to provide for the appointment of a director of finance.
SB 402 Crotts, 17th HENRY COUNTY
An Act to provide for the Henry County Board of Elections and provide that it will succeed to the powers and duties of another board of elections.
SB 430 Johnson, 2nd TOWN OF THUNDERBOLT
Amend and Act to change the provisions relating to the powers of the mayor and town council.
HB 857 Pollard, 24th WILKES COUNTY
An Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Wilkes County.
HB 808 Crotts, 17th Guhl, 45th ROCKDALE COUNTY
An Act to create the Board of Elections and Registration of Rockdale County.

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HB 809 Crotts, 17th Guhl, 45th ROCHDALE COUNTY
Amend an Act creating the Magistrate Court of Rockdale County so as to pro vide that county law library fees shall be charged and collected in actions and cases in the magistrate court.
HB 812 Cagle, 49th TOWN OF CLERMONT
Amend an Act to provide a new charter for the Town of Clermont so as to change certain requirements for holding certain offices.
HB 826 Middleton, 50th LUMPKIN COUNTY
An Act to provide a homestead exemption from Lumpkin County School District ad valorem taxes for educational purposes.
HB 829 Johnson, 2nd Johnson, 1st CHATHAM COUNTY
An Act creating the Chatham County Recreation Authority and the Georgia In ternational and Maritime Trade Center Authority.
HB 830 Johnson, 2nd Johnson, 1st CHATHAM COUNTY
An Act to create the Chatham County Recreation Authority.
HB 853 Pollard, 24th CITY OF LEXINGTON
Amend an Act creating a new charter for the City of Lexington so as to change the terms of office of the Mayor and members of the Council.
HB 855 Pollard, 24th WILKES COUNTY
Amend an Act making provisions for the Magistrate Court of Wilkes County.
The amendment to the following bill was put upon its adoption: *SB 433
The Senate State and Local Governmental Operations Committee offered the following amendment: Amend SB 433 by striking lines 13 through 17 of page 4 and inserting in their place the following:
"(a) The authority shall consist of seven members. Three of such authority members shall be members of the DeKalb County Board of Education who are appointed to such authority membership by majority vote of said board. Four of such authority members shall not be members of the DeKalb County Board of Education but shall be appointed by majority vote of the DeKalb County Board of Education and shall be residents of DeKalb County.

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(b) The terms of office of the three members of the authority who are members of the DeKalb County Board of Education shall be concurrent with their terms of office as mem bers of such board. The terms of office of the other four members of the authority shall be two years each and until the appointment and qualification of their respective successors."
By striking lines 27 through 30 of page 4 and inserting in their place the following:
"practicable. The members of the authority shall elect one of their number to serve as chairperson of the authority and another of their number to serve as vice chairperson of the authority. The chairperson and vice chairperson of the authority shall serve as such for terms of one year and until their respective successors are selected. The members shall elect".
On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean Egan Farrow Gillis

Griffin Harbison Henson Hill Isakson James Johnson of 2nd Johnson of 1st Kemp Langford Madden Marable McGuire Middleton Newbill Oliver

Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Cagle Edge

Glanton Gochenour Guhl

Hooks Land Tanksley

On the passage of all the local bills, the yeas were 47, nays 0.
All the bills on the Senate Local Consent Calendar, except SB 433, having received the requisite constitutional majority, were passed.
SB 433, having received the requisite constitutional majority, was passed as amended.

SENATE RULES CALENDAR
Tuesday, March 7, 1995 THIRTY-THIRD LEGISLATIVE DAY

SB 404 Institute for Community Economic Development--create (SLGO-G--2nd) SR 253 Community Economic Development Task Force--create (SLGO-G--2nd)

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SB 216 Local Government Fiscal Impact Act--provide (Substitutes) (Amendments) (SLGO-G--35th)
SB 324 Education--reading, posting certain writings without censorship (Ed--30th)
SB 400 Lottery--fidelity fund provisions (EDT&CA--46th)
SB 366 Council for Civic Renewal--create (H&HS--22nd)
SB 446 Welfare Fraud--definitions, penalties (Substitute) (H&HS--6th)
SB 246 Child Custody--visitation rights, certain noncustodial parents (Judy--52nd)
SB 316 Trade Secrets Act of 1990--customer, supplier information is trade secret (Judy--41st)
SB 310 MARTA--compensation of members and Board of Directors (Substitute) (SLGO-G--10th)
SB 410 Juvenile Proceedings--transfer certain nonresidents to resident county (Judy-- 37th)
SB 317 School Facilities--exempt certain building permits, impact fees (Ed--21st)
SB 213 Child Support Receivers--no bonuses, commissions (Substitute) (Judy--35th)
SB 387 Southern Regional Emergency Management Compact--provide (Substitute) (Pub Saf--12th)
SR 4 CA: Public Initiative--procedures, restrictions (Judy--30th)
SB 418 Theft of Trade Secrets--provide for offense (ST&I--41st)
SB 420 Disorderly Conduct-- obscene, profane language, harassing calls (Judy--51st)
SB 436 MARTA--medical insurance required for general public riders (SLGO-G--38th)
SB 408 Interest and Usury--interest on certain bankruptcy claims (Judy--21st)
SB 438 Special Motorcycle Plates--for handicapped (Substitute) (Pub Saf--31st)
SB 451 Administrative Procedure Act--no agency rule adoption during certain period (Judy--54th)
SR 274 Joint Study Committee on Pilot Projects in Douglas Judicial Circuit--create (Substitute) (Rules--30th)
SB 71 QBE Capital Outlay Funds--Board of Education policy on historic landmarks (Substitute) (Ed--26th)
SB 296 Teacher--false certificate, license cause for termination (Ed--llth)
SB 325 Augusta Judicial Circuit Superior Court--provide seventh judgeship (Judy-- 22nd)
SR 240 Joint Study Committee on Certificate of Need for Health Care Facilities--create (Amendment) (Rules--1st)
SR 269 Bartow County--conveyance of certain state properties (F&PU--52nd)

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SB 423 Child Support--life insurance on one or both parents (Judy--42nd)

SB 356 Merit System--grievance system for classified employees (Substitute) (SLGOG--55th)

SB 434 State Courts--deferred partial payment of judgments (Amendment) (S Judy-- 6th)

SB 397 Family Violence Reports--preparation, review by victim (Judy--54th)

SB 396 Deprivation of a Minor--penalty for contributing to (Substitute) (S Judy--1st)

SB 415 Central of Georgia Railroad Shops Complex in Savannah--designate as official railroad museum (SLGO-G--1st)

SB 406 Inmate Convicted of Crime While in Prison--consecutive service of sentence (Substitute) (S Judy--27th)

SB 306 Western Judicial Circuit Superior Court--new third judgeship (Judy--46th)

SB 394 Certain Revenue Agents--retain badge, weapon after twenty-five years (Pub Saf--12th)

SB 278 Alcovy Judicial Circuit Superior Court--additional judge (Substitute) (Judy-- 45th)

SB 411 Special License Plates--retired reservists (D&VA--9th)

SR 248 Richmond County--conveyance of certain state owned property (F&PU--23rd)
Respectfully submitted, /s/ Scott of the 36th, Chairman
Senate Rules Committee

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

SB 404. By Senators Johnson of the 2nd, Walker of the 22nd, Kemp of the 3rd and others:

A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Institute for Community Economic Development; to define terms; to provide for the purposes of the institute; to provide for the powers of the institute; to provide for a board of directors and a director of the institute; to provide for the powers and duties of the director of the institute; to provide that the costs of operating the institute shall be paid from public funds.

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

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

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Bo wen Brown of 26th Dean

Farrow Gillis Griffin Harbison Henson Hill

Hooks James Johnson of 2nd Johnson of 1st Kemp Langford

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Madden Marable Oliver Ragan Ray

Scott Slotin Stokes Taylor

Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Balfour Black Burton Cagle Clay Crotts Day

Edge Egan Glanton Gochenour Guhl Isakson

Land McGuire Newbill Pollard Ralston Tysinger

Those not voting were Senators:

Broun of 46th Cheeks

Middleton Perdue

Starr Tanksley

On the passage of the bill, the yeas were 31, nays 19.
The bill, having received the requisite constitutional majority, was passed.
Senator Edge gave notice that at the proper time, he would move that the Senate re consider its action on SB 404.
The President stated that, as provided in Senate Rule 94, he would set the time to entertain the motion to reconsider for 11:30 A.M. today.
Senator McGuire of the 30th introduced the doctor of the day, Dr. Tammy Robinson, Douglasville, Georgia.
The Calendar was resumed.

SR 253. By Senators Johnson of the 2nd, Walker of the 22nd, Kemp of the 3rd and others:

A resolution creating the Community Economic Development Task Force to co ordinate and promote growth and economic development efforts of rural, minori
ty, and economically distressed communities 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:

Abernathy Black Blitch Boshears
Bowen Broun of 46th Brown of 26th Burton Cagle Crotts Day Dean Edge Farrow Gillis

Griffin Harbison Henson Hill
Hooks Isakson Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard
Ragan Ralston Ray Scott Slotin Stokes Taylor Thomas Thompson Turner

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JOURNAL OF THE SENATE

Tysinger Walker

Those voting in the negative were Senators:

Balfour Clay

Egan Glanton

Those not voting were Senators:

Cheeks James

Starr

Gochenour Guhl
Tanksley

On the adoption of the resolution, the yeas were 46, nays 6. The resolution, having received the requisite constitutional majority, was adopted.

SB 324. By Senators McGuire of the 30th, Ray of the 19th, Perdue of the 18th and others:

A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to authorize the reading or posting of certain writings, documents, and records without content based censorship thereof; to provide for notice to local school superintendents.

Senator Egan of the 40th moved that SB 324 be placed on the Table.

On the motion, Senators McGuire of the 30th called for the yeas and nays; the call was sustained and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Bowen Brown of 26th Egan Griffin Harbison Henson

James Johnson of 2nd Langford Middleton Oliver Scott

Slotin Stokes Taylor Thomas Turner Walker

Those voting in the negative were Senators:

Balfour Black Blitch Boshears Broun of 46th Burton Cagle Cheeks Clay Crotts Day
Dean

Edge Farrow Glanton
Gochenour Guhl Hill Isakson Johnson of 1st Kemp Land Madden

Marable McGuire Newbill
Perdue Pollard Ragan Ralston Ray Starr Thompson Tysinger

Those not voting were Senators:

Gillis

Hooks

Tanksley

On the motion, the yeas were 19, nays 34; and the motion to Table was lost.
Senator Newbill of the 56th moved the previous question.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the previous ques tion was ordered.

TUESDAY, MARCH 7, 1995

1077

Senators McGuire of the 30th and Ray of the 19th offered the following amendment: Amend SB 324 as follows: Delete on page 2 line 11:
", including the "and insert"." Delete lines 12 & 13 on pg. 2.
On the adoption of the amendment, the yeas were 39, nays 0, and the McGuire and Ray amendment was adopted.

Senators Thomas of the 10th and Henson of the 55th offered the following amendment to SB 324:

Delete on page 2 line 11 through 17.
Insert on page 2 after "and" on line 10 "Notwithstanding anything contained herein to the contrary, the Bill shall not:
(1) Recommend any policies or include any curricula which would result in the promo tion or teaching of any activities contrary to Georgia law,"

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 Blitch Bowen Broun of 46th Brown of 26th Dean Egan Griffin Harbison

Henson Hooks James Johnson of 2nd Langford Marable Middleton Oliver Perdue

Ragan Ray Scott Slotin Starr Stokes Taylor Thomas Walker

Those voting in the negative were Senators:

Balfour Black Boshears Burton Cagle Cheeks Clay Crotts Day

Edge Farrow Glanton Gochenour Guhl Hill Isakson Johnson of 1st Kemp

Land Madden McGuire Newbill Pollard Ralston Thompson Tysinger

Those not voting were Senators:

Gillis

Tanksley

Turner

On the adoption of the amendment, the yeas were 27, nays 26, and the Thomas and Henson amendment was adopted.
Senator McGuire of the 30th moved that the Senate reconsider its action in adopting the amendement.

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

Those voting in the affirmative were Senators:

Balfour Black Blitch

Boshears Burton Cagle

Cheeks Clay Crotts

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Day Dean Edge Glanton Gochenour
Guhl Hill

Isakson Johnson of 1st Kemp Land Marable
McGuire Newbill

Perdue Pollard Ragan Ralston Ray Tysinger

Those voting in the negative were Senators:

Abernathy Broun of 46th Brown of 26th Egan Farrow Griffin Harbison Henson

Hooks James Johnson of 2nd Langford Madden Middleton Scott

Slotin Starr Stokes Taylor Thomas Turner Walker

Those not voting were Senators:

Bowen Gillis

Oliver Tanksley

Thompson

On the motion to reconsider, the yeas were 29, nays 22; the motion prevailed, and the Senate reconsidered its action in adopting the Thomas and Henson amendment.

Senator Langford of the 29th offered the following amendment:

Amend the Thomas and Henson amendment to SB 324 by adding on line 9 "(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."
On the adoption of the amendment, the yeas were 36, nays 0, and the Langford amend ment to the Thomas and Henson amendment to SB 324 was adopted.

On the adoption of the Thomas and Henson amendment, as amended, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch Broun of 46th Brown of 26th Dean Egan Farrow Gillis

Griffin Harbison Henson James Johnson of 2nd Langford Oliver Ragan

Scott Slotin Starr Stokes Taylor Thomas Turner Walker

Those voting in the negative were Senators:

Balfour Black Boshears Bowen Burton Cagle Cheeks
Clay Crotts
Day

Edge Glanton Gochenour Guhl Hill Hooks Isakson
Johnson of 1st Kemp
Land

Marable McGuire Middleton Newbill Perdue Pollard Ralston
Ray Thompson
Tysinger

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1079

Not voting were Senators Madden and Tanksley.

On the adoption of the amendment, the yeas were 24, nays 30, and the Thomas and Henson amendment was lost.

Senator Langford of the 29th offered the following amendment:
Amend SB 324 by striking on page two, lines 4 thru 9.
On the adoption of the amendment, the yeas were 14, nays 20, and the Langford amendment was lost.
Senator Langford of the 29th moved that the Senate reconsider its action in defeating the amendment.

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

Those voting in the affirmative were Senators:

Abernathy Blitch Brown of 26th Griffin Harbison Henson

James Johnson of 2nd Kemp Langford Marable Oliver

Scott Slotin Stokes Taylor Thomas Walker

Those voting in the negative were Senators:

Balfour Black Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts
Day Dean

Edge Egan Farrow Gillis Glanton Gochenour Guhl Hill Hooks Isakson
Johnson of 1st Land

McGuire Middleton Newbill Perdue Pollard Ragan Ralston Ray Starr Thompson
Turner Tysinger

Not voting were Senators Madden and Tanksley.

On the motion, the yeas were 18, nays 36; the motion was lost, and the Langford amendment was not reconsidered.

Senator Ragan of the llth offered the following amendment: Amend SB 324 by striking lines 4-13, page 2.

On the adoption of the amendment, Senator Taylor of the 12th called for the yeas and nays; the call was sustained and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Broun of 46th Brown of 26th Egan Farrow Griffin
Harbison

Henson
James Langford Middleton Oliver Ragan

Scott
Slotin Stokes Taylor Thomas Walker

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Balfour Black Blitch Boshears Burton Cagle Cheeks Clay Crotts
Day Dean Edge

Gillis Glanton Gochenour Guhl Hill Hooks Isakson Johnson of 1st Kemp
Land Madden

Marable McGuire Newbill Perdue Pollard Ralston Ray Starr Thompson
Turner Tysinger

Those not voting were Senators:

Bo wen

Johnson of 2nd

Tanksley

On the adoption of the amendment, the yeas were 19, nays 34, and the Ragan amend ment was lost.
Senators Thompson of the 33rd, Starr of the 44th and Dean of the 31st offered the following amendment:
Amend SB 324 by adding on line 23, page 2, the following:
"In the event any part of this Act is found to be unconstitutional, the remaining provi sions shall not be affected."
On the adoption of the amendment, the yeas were 37, nays 1, and the Thompson, et al. amendment was adopted.
Senator Thomas of the 10th offered the following substitute to SB 324:
A BILL
To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to authorize the read ing 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 adding at the end thereof a new Article 31 to read as follows:
"ARTICLE 31
20-2-2060. This article shall be known and may be cited as the 'American Heritage in Education Act.' 20-2-2061. (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

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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;
(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';
(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 Presi dents of the United States;
(9) Organic documents from the precolonial, colonial, revolutionary, federalist, and postfederalist eras;
(10) United States Supreme Court decisions; and
(11) Acts of the United States Congress, including the published text of the United States Congressional Record.
(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; provided, however that no such written material shall be read, posted, or other wise made available to students if such material may be deemed to promote particular religious beliefs, to promote certain alternative nontraditional lifestyles which are con trary to local community values, to promote sexual activity including activities which constitute criminal offenses under the laws of this state such as fornication and sodomy, or to promote belief or value systems other than traditional family values.
20-2-2062.
On July 1, 1995, 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 2.

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:

Bowen Broun of 46th Brown of 26th Dean Egan Farrow Gillis Griffin Harbison

Henson Hooks James Langford Marable Middleton Oliver Perdue Ray

Scott Slotin Starr Stokes Taylor Thomas Turner Walker

Those voting in the negative were Senators:

Balfour Black Blitch Boshears

Burton Cagle Cheeks Clay

Crotts Day Edge Glanton

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JOURNAL OF THE SENATE

Gochenour Guhl Hill Isakson Johnson of 1st

Kemp Land Madden McGuire Newbill

Those not voting were Senators:

Abernathy

Johnson of 2nd

Pollard Ragan Ralston Thompson Tysinger
Tanksley

On the adoption of the substitute, the yeas were 26, nays 27, and the Thomas substi tute was lost.
Senator Thomas of the 10th moved that the Senate reconsider its action in defeating the substitute.

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

Those voting in the affirmative were Senators:

Abernathy Blitch Broun of 46th Brown of 26th Dean Egan Gillis Griffin Harbison Henson

James Johnson of 2nd Langford Marable Middleton Oliver Perdue Ragan Ray

Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Balfour Black Boshears Burton Cagle Cheeks Clay Crotts Day

Edge Farrow Glanton Gochenour Guhl Hill Hooks Isakson Johnson of 1st

Kemp Land Madden McGuire Newbill Pollard Ralston Tysinger

Not voting were Senators Bowen and Tanksley.

On the motion, the yeas were 28, nays 26; the motion prevailed, and the Senate recon sidered its action in defeating the substitute.
On the adoption of the substitute, the yeas were 29, nays 26, and the Thomas substi tute was adopted.
Pursuant to Senate Rule 143, action on SB 324 was suspended and the bill was placed on the Senate General Calendar.
Senators Johnson of the 1st and Johnson of the 2nd introduced St. Patrick's Day Offi cials from Savannah, Georgia, commended by SR 291, adopted previously, who addressed the Senate briefly.
The Calendar was resumed.

SB 400. By Senator Broun of the 46th:
A bill to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Lottery for Education Act," so as to change the provisions relating to the fidelity fund for

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1083

retailers; to authorize the Georgia Lottery Corporation to establish a fidelity fund; to provide for the use of moneys in such fund; to repeal certain provisions
relating to the assessment of retailers when the balance in the fund falls below a certain amount.

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

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 Black Boshears Bowen Broun of 46th Brown of 26th Burton
Cagle Cheeks Clay Day Edge Farrow Gillis Glanton Gochenour

Griffin Guhl Harbison Henson Hill Hooks Isakson
James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Perdue Ragan Ralston Ray Scott
Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy
Blitch Crotts Dean

Egan Newbill Oliver

Pollard Slotin Tanksley

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

The time having arrived to entertain the reconsideration motion, Senator Edge of the 28th moved that the Senate reconsider its action previously today in passing the following bill of the Senate:

SB 404. By Senators Johnson of the 2nd, Walker of the 22nd, Kemp of the 3rd and others:
A bill to amend Title 50 of the O.C.G.A., relating to state government, so as to create the Georgia Institute for Community Economic Development; to define terms; to provide for the powers of the institute; to provide for a board of direc tors and a director of the institute; to provide that the costs of operating the institute shall be paid from public funds.

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

Those voting in the affirmative were Senators:

Balfour Black Burton Cagle Cheeks

Clay Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl

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JOURNAL OF THE SENATE

Hooks Isakson Land McGuire

Newbill Pollard Ralston

Those voting in the negative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Griffin Harbison Henson

Hill James Johnson of 2nd Kemp Langford Madden Marable Middleton Oliver

Those not voting were Senators:

Crotts Johnson of 1st

Perdue

Starr Turner Tysinger
Ragan Ray Scott Slotin Stokes Taylor Thomas Thompson Walker
Tanksley

On the motion, the yeas were 25, nays 27; the motion lost and SB 404 was not reconsidered.

The Calendar was resumed.

SB 366. By Senator Walker of the 22nd:

A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to create the Council for Civic Renewal; to provide a short title; to provide for legislative findings and expressions of intent; to pro vide for functions and duties of the council; to provide for administration and staffing of the council; to provide for financing of the council.

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

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Dean Gillis Griffin Harbison

Hill Hooks James Johnson of 2nd Kemp Langford Madden Marable Middleton

Oliver Ragan Ray Slotin Starr Stokes Taylor Thompson Walker

Those voting in the negative were Senators:

Balfour Black Burton Cagle Cheeks Clay Crotts

Day Edge Egan Farrow Glanton Gochenour Guhl

Isakson Land McGuire Newbill Pollard Ralston Tysinger

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Those not voting were Senators:

Henson Johnson of 1st Perdue

Scott Tanksley

Thomas Turner

On the passage of the bill, the yeas were 28, nays 21.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Walker of the 22nd gave notice that at the proper time, he would move that the Senate reconsider its action in defeating SB 366.
The President stated that, as provided in Senate Rule 94, he would set the time to entertain the motion to reconsider SB 366 for 2:30 P.M. today.
SB 446. By Senator Boshears of the 6th:
A bill to amend Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to fraud in obtaining and wrongful receipt of public assistance and ben efits, so as to change provisions relating to definitions of criminal offenses and penalties; to specifically provide that it shall be a. criminal offense for any person to accept assistance and benefits with the knowledge that he or she is not eligi ble for such assistance or benefits.

The Senate Committee on Health and Human Services offered the following substi tutes to SB 446:
A BILL
To be entitled an Act to provide for legislative findings and intent; to amend Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to fraud in obtaining and wrong ful receipt of public assistance and benefits, so as to provide notice and opportunity for a fair hearing to individuals believed by the Department of Human Resources to have re ceived an overpayment; to require the department to promulgate rules and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
The General Assembly finds that the Department of Human Resources operates an aggres sive program to eliminate fraud and abuse in public benefits programs. The General Assembly also finds, however, that a significant number of cases referred to the Office of Fraud and Abuse involve persons who did not receive an overpayment of benefits or who received an overpayment through inadvertent household error or agency error. In many cases, persons receive no notice of the fact that the department believes there is an over payment until they receive letters from the local district attorney's office stating that they have been accused of fraud. Some persons have signed consent agreements to avoid crimi nal prosecution even though they have not received an overpayment or have not intention ally violated program requirements. The General Assembly finds and declares that it is contrary to the policy of this state to refer cases for investigation and other action by the Office of Fraud and Abuse until the department has notified the person of its belief that an overpayment has been made and has provided such person an opportunity for a fair hearing.

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SECTION 2.
Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to fraud in ob taining and wrongful receipt of public assistance and benefits, is amended by adding after subsection (c) a new subsection (d) to read as follows:
"(d) Upon a determination by the department that a person may have obtained or re ceived an overpayment of public assistance or benefits, the department shall promptly notify the person of the alleged overpayment and shall provide an opportunity for a fair hearing pursuant to Code Section 49-4-13 before determining whether to refer the case to the Office of Fraud and Abuse."
SECTION 3.
The department shall promulgate rules and regulations pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," to implement the provisions of this Act.
SECTION 4.
This Act shall become effective on July 1, 1995.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Senator Hill of the 4th offered the following amendment:
Amend the committee substitute to SB 446 by deleting on page 2, line 10 after "over payment," lines 10 through 13, and substituting the following:
"Prior to any transfer of any documents or evidence to the district attorney or other law enforcement persons, the Department shall grant to the person who may have obtained or received an overpayment of public assistance or benefits an opportunity to meet with the Department for purpose of mediation or resolution. In the event that such dispute cannot be resolved by mediation or restitution, and where there is not clear and overwhelming evidence of fraud or criminal misconduct, the Department shall provide an opportunity for a fair hearing pursuant to Code Section 49-4-13 before referring the dispute to the Office of Fraud and Abuse."
On the adoption of the amendment, the yeas were 39, nays 0 and the Hill amendment to the committee substitute was adopted.
Senators Ralston of the 51st, Newbill of the 56th, Edge of the 28th, et al offered the following amendment:
Amend the Senate Committee on Health and Human Services substitute to SB 446 by striking lines 1 through 4 of page 1 and inserting in lieu thereof the following:
"To provide for legislative findings and intent; to amend Chapter 4 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide".
By adding following the word and symbol "regulations;" on line 8 of page 1 the following:
"to require certain statistical summaries regarding certain means-tested programs; to provide for sample surveys of certain assistance recipients; to require cooperation of state departments and agencies;".

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1087

By striking lines 2 through 6 of page 2 and inserting in lieu thereof the following: "Chapter 4 of the Official Code of Georgia Annotated, relating to public assistance, is amended by adding after subsection (c) of Code Section 49-4-15, relating to fraud in ob taining and wrongful receipt of benefits, a new subsection (d) to read as follows:".
By striking line 18 of page 2 and inserting in lieu thereof the following: "of Section 2 of this Act.".
By redesignating Sections 4 and 5 as Sections 5 and 6, respectively. By inserting between lines 18 and 19 of page 2 the following:
"SECTION 4.
Said chapter is further amended by adding at the end a new Code section to read as follows: '49-4-118.
(a) For purposes of this Code section, the term "means-tested program" means any of the following:
(1) Medicaid; (2) Medical care for veterans without service-connected disability; (3) General assistance (Medical care component); (4) Indian health services; (5) Maternal and child health services block grant, Title V of the Social Security Act; (6) Community health centers; (7) Medical assistance to refugees and Cuban and Haitian entrants; (8) Migrant health services; (9) Aid to Families with Dependent Children; (10) Supplemental security income; (11) Earned income tax credit; (12) Pensions for needy veterans, their dependents, and survivors; (13) General assistance (nonmedical care component); (14) Foster care; (15) Adoption assistance; (16) Emergency assistance to needy families with children; (17) Assistance to refugees and Cuban and Haitian entrants (cash component); (18) Dependency and indemnity compensation and death compensation; (19) General assistance to Indians; (20) Food stamps; (21) School lunch program (free and reduced-price segments); (22) Special supplemental food program for women, infants, and children; (23) Temporary emergency food assistance program; (24) Nutrition program for the elderly; (25) School breakfast program (free and reduced-price segments); (26) Child care food program; (27) Summer food service program for children; (28) Food distribution program on Indian reservations; (29) Commodity supplemental food program; (30) Special milk program (free segment);

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(31) Section 8 lower income housing assistance; (32) Low-rent public housing; (33) Rural housing loans (Section 502); (34) Section 236 interest reduction payments; (35) Rural rental housing loans (Section 515); (36) Rural rental assistance payments (Section 521); (37) Section 235 homeownership assistance for low-income families; (38) Section 101 rent supplements; (39) Farm labor housing loans (Section 514) and grants (Section 516); (40) Rural housing repair loans and grants (Section 504); (41) Indian housing improvement grants; (42) Rural housing preservation grants (Section 533); (43) Rural housing self-help technical assistance grants (Section 523) and rural hous ing site loans (Sections 523 and 524); (44) Pell grants; (45) Stafford loans (formerly called guaranteed student loans); (46) Headstart; (47) College work-study program; (48) Supplemental educational opportunity grants; (49) Vocational educational opportunities, disadvantaged activities; (50) Chapter 1 migrant education program; (51) Perkins loans; (52) Special programs for students from disadvantaged backgrounds (TRIO Programs); (53) State student incentive program; (54) Fellowships for graduate and professional study; (55) Migrant high school equivalency program; (56) Follow Through; (57) Health professions student loans and scholarships; (58) Ellender fellowships; (59) Child development associate scholarship program; (60) College assistance migrant program; (61) Training for disadvantaged adults and youth; (62) Summer youth employment program; (63) Job corps; (64) Senior community service employment program; (65) Work incentive program; (66) Foster grandparents; (67) Senior companions; (68) Social services block grant (Title XX); (69) Community services block grant; (70) Legal services; (71) Emergency food and shelter program; (72) Social services for refugees and Cuban and Haitian entrants;

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1089

(73) Low-income home energy assistance program;
(74) Weatherization assistance; and
(75) State legalization impact assistance group.
(b) The state auditor shall have prepared by December 31, 1995, and by that date each year thereafter a statistical summary showing for each means-tested program the follow ing information by county for the most recently ended fiscal year:
(1) Expenditure of federal, state, and local government funds;
(2) Number of family units receiving benefits from or participating in the program; and
(3) Number of individuals receiving benefits from or participating in the program.
(c) The state auditor shall have prepared either by employees thereof or through contrac tual arrangement with persons or entities outside state government a statistically valid state-wide sample survey of at least 1,000 family units which receive money payments under this article. The survey shall show for each family every means-tested program in which that family participates and the estimated cost of benefits provided to such family under that program, including direct and indirect costs. This survey shall be prepared annually in conjunction with the statistical summary required by subsection (a) of this Code section and both shall be submitted annually to the Governor and General Assembly. Each state department or agency which administers any means-tested pro gram shall cooperate with the state auditor and provide to the state auditor information for such program required for the summary under subsection (b) of this Code section and the survey under this subsection.'".
Senators Ralston of the 51st, Newbill of the 56th, Edge of the 28th, et al. offered the following amendment:
Amend the Senate Committee on Health and Human Services substitute to SB 446 by striking lines 1 through 4 of page 1 and inserting in lieu thereof the following:
"To provide for legislative findings and intent; to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide".
By adding following the word and symbol "regulations;" on line 8 of page 1 the following:
"to prohibit the denial of assistance under the Act to families wherein the principal wage earner is employed 100 hours a month or more; to provide for waivers and effective dates;".
By striking lines 2 through 6 of page 2 and inserting in lieu thereof the following:
"Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assist ance, is amended by adding after subsection (c) of Code Section 49-4-15, relating to fraud in obtaining and wrongful receipt of public assistance, a new subsection (d) to read as follows:".
By striking line 18 of page 2 and inserting in lieu thereof the following:
"of Section 2 of this Act.".
By striking lines 19 through 23 of page 2 and inserting in lieu thereof the following:
"SECTION 4.
Said chapter is further amended by adding after Code Section 49-4-117 a new Code section to read as follows:
'49-4-118.
In a home in which both parents of a child are living, assistance may not be denied solely upon the basis that the principal wage earner in the home is employed 100 hours a month or more.'

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SECTION 5.
No later than July 1, 1995, the Department of Human Resources shall request from the appropriate federal agencies any waivers necessary to implement Section 4 of this Act.
SECTION 6.
Section 4 of this Act shall become effective only if the waivers required under Section 2 of this Act are obtained and in that event shall become effective upon the ninetieth day follow ing receipt of such waivers. Sections 1, 2, and 3 of this Act shall become effective on July 1, 1995. The remainder of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed."
Senators Ralston of the 51st, Newbill of the 56th, Edge of the 28th, et al. offered the following amendment:
Amend SB 446 by striking lines 2 through 4 on page 1 and inserting in lieu thereof the following
"Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assist ance, so as to provide".
By inserting on line 9 of page 1, immediately following the word and symbol "regulations;", the following:
"to change the provisions relating to when the birth of a child disqualifies recipients of public assistance from certain additional benefits; to provide for waivers and effective dates;".
By striking lines 2 through 5 on page 2 and inserting in lieu thereof the following:
"Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assist ance, is amended by adding after subsection (c) of Code Section 49-4-15, relating to fraud in obtaining and wrongful receipt of public assistance and benefits, a new subsection (d) to read as".
By striking lines 18 through 23 on page 2 and inserting in lieu thereof the following:
"of Section 2 of this Act.
SECTION 4.
Said chapter is further amended by striking Code Section 49-4-115, relating to when the birth of a child disqualifies recipients of public assistance from additional benefits, and inserting in its place a new Code section to read as follows:
'49-4-115.
The schedule of benefits to be paid to a recipient family under this article shall eliminate the increment in benefits the money payment component of assistance under the pro gram for which that family would otherwise be eligible as a result of the birth of a child during the period in which the family is eligible for Aid to Families with Dependent Chil dren benefits or during a temporary period in which the family or recipient is ineligible for Aid to Families with Dependent Children benefits purhuanl to a penally iaiputeJ by the commissioner fui failure to comply with benefit eligibility requirement!), subsequent to which the family or recipient is again eligible for benefits, such money payments. The recipient family in which the recipient parent gives birth to an additional child during the recipient's period of eligibility for Aid to Families with Dependent Children benefits, or during a temporary penalty period of ineligibility for benefits, may not receive addi tional benefits money payments, except in the case of a general increase in the amount of Aid to Families with Dependent Children benefits money payments which is provided to

TUESDAY, MARCH 7, 1995

1091

all program recipients. This provision shall only apply to recipient families who have been in receipt of cash benefits under this article for a period of a total of 24 ten months after January 1, 1994. Nothing in this Code section shall be construed to disqualify a recipient family from an incremental increase in benefits money payments in cases in which the birth of a child is the result of a verifiable rape or incest.'
SECTION 5.
No later than July 1, 1995, the Department of Human Resources shall request from the appropriate federal agencies any waivers necessary to implement Section 4 of this Act.
SECTION 6.
Section 4 of this Act shall become effective only if the waivers required under Section 2 of this Act are obtained and in that event shall become effective upon the ninetieth day follow ing receipt of such waivers. Sections 1, 2, and 3 of this Act shall become effective on July 1, 1995.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed."
Senators Ralston of the 51st, Newbill of the 56th, Edge of the 28th, et al. offered the following amendment:
Amend SB 446 by striking lines 2 through 4 on page 1 and inserting in lieu thereof the following:
"Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assist ance, so as to provide".
By inserting on line 9 of page 1, immediately following the word and symbol "date;", the following:
"to change provisions requiring certain applicants for public assistance to live in the home of their parents or guardians so as to impose those requirements upon recipients of such assistance; to change the provisions relating to inapplicability; to provide for waiv ers and effective dates;".
By striking lines 2 through 5 on page 2 and inserting in lieu thereof the following:
"Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assist ance, is amended by adding after subsection (c) of Code Section 49-4-15, relating to fraud in obtaining and wrongful receipt of public assistance and benefits, a new subsection (d) to read as".
By striking lines 18 through 23 on page 2 and inserting in lieu thereof the following:
"of Section 2 of this Act.
SECTION 4.
Said chapter is further amended by striking Code Section 49-4-112, requiring certain appli cants for public assistance to live in the homes of their parents or guardians, and inserting in its place the following:
'49-4-112.
(a) As used in this Code section, the term 'applicant' means a person who has applied for or is receiving assistance under this article.
(aXb) Except as provided in subsection (tt (c) of this Code section, if a person applying for assistance undei this article an applicantTs under 18 years of age, has never married,

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and is either pregnant or has a dependent child in the applicant's care, the applicant is not eligible for such assistance if:
(1) The applicant and the applicant's dependent child or children do not live in a place maintained by the applicant's parent, legal guardian, or other adult relative as such parent's, legal guardian's, or other adult relative's own home or do not live in a foster home, maternity home, or other supportive living arrangement supervised by an adult; and
(2) The department determines after investigation that the physical or emotional health or safety of the person applying fui assistance applicant or the dependent child or children would not be jeopardized if the applicant and the dependent child or chil dren were required to live in one of the situations described in paragraph (1) of this subsection.
(b)(c) Subsection (aXb) of this Code section does not apply if:
(1) The person applying for assistance applicant has no parent or legal guardian whose whereabouts are known;
\) JNO J}Ufcilt 01 ic^cil ^U.&i'ul&U 01 tri6 pSl'SOU 3.pplyiHf TO I1 flSSiSLciiiCti 3.1lO~WS t/116pGFSOll
to live in the home of that paienl m legal guardian Reserved;
(3) The pei suit applying for assistance applicant lived apart from that person's parent or legal guardian for at least one year before the birth of any dependent child or before the person applied for assistance; or
(4) The department otherwise determines that there is good cause not to apply subsec tion (a) (b) of this Code section.'
SECTION 5.
No later than July 1, 1995, the Department of Human Resources shall request from the appropriate federal agencies any waivers necessary to implement Section 4 of this Act.
SECTION 6.
Section 4 of this Act shall become effective only if the waivers required under Section 2 of this Act are obtained and in that event shall become effective upon the ninetieth day follow ing receipt of such waivers. Sections 1, 2, and 3 of this Act shall become effective on July 1, 1995.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed."
Senators Ralston of the 51st, Newbill of 56th, Edge of the 28th, et al. offered the follow ing amendment:
Amend the committee substitute to SB 446 by striking lines 2 through 4 on page 1 and inserting in lieu thereof the following:
"Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assist ance, so as to provide". By inserting on line 8 of page 1, immediately following the word and symbol "regulations;", the following: "to change a definition and terminate money payments;".
By inserting immediately following line 32 on page 1 the following:
"SECTION 2.
The General Assembly finds that the federal government's effort to eliminate poverty has not succeeded. In fact, there are more persons living in poverty now than in 1965. The aid to families with dependent children (AFDC) program, which was created to help lift the

TUESDAY, MARCH 7, 1995

1093

poor from poverty and aid them in becoming productive citizens, has been a failure. AFDC has discouraged honest work and the establishment of family units, two foundations of our society. All attempts to reform AFDC have been fruitless, and taxpayers are weary of the high costs and meager positive results from AFDC. The General Assembly therefore finds that money payments under AFDC should be terminated by a date certain to provide an incentive to attempt other more effective approaches to the problems of society's poor." By striking lines 1 through 5 on page 2 and inserting in lieu thereof the following:
"SECTION 3.
Said chapter is further amended by adding after subsection (c) of Code Section 49-4-15, relating to fraud in obtaining and wrongful receipt of public assistance and benefits, a new subsection (d) to read as". "B4y". striking the number "3" on line 14 on page 2 and inserting in lieu thereof the number
By striking lines 18 through 23 on page 2 and inserting in lieu thereof the following: "of Section 3 of this Act.
SECTION 5.
Said chapter is further amended by striking paragraph (1) of Code Section 49-4-101, relat ing to definitions, and inserting in its place the following:
'(1) "Assistance" means money payments or medical care, any other type of remedial care recognized under state law, or foster care in behalf of a dependent child or dependent children and includes money payments, medical care, any type of remedial care recog nized under state law, or foster care provided during any month to meet the needs of the relatives with whom any dependent child is living, if inonuy payments have been made
VuiiU3i' Cllc StiiLti ^ilaii wiLll I'cSipcCL LO &ui>li Clillu lui ou^li uiOiltli.
SECTION 6.
Said chapter is further amended by adding after Code Section 49-4-101 a new Code section to read as follows:
'49-4-101.1.
On and after December 31, 2002, the money payment component of assistance otherwise payable under this article shall be terminated and no longer be payable.'
SECTION 7.
No later than July 1, 1995, the Department of Human Resources shall request from the appropriate federal agencies any waivers necessary to implement Sections 5 and 6 of this Act.
SECTION 8.
Sections 5 and 6 of this Act shall become effective only if the waivers required under Sec tion 7 of this Act are obtained and in that event shall become effective upon the ninetieth day following receipt of such waivers. The remainder of this Act shall become effective on July 1, 1995.
SECTION 9.
All laws and parts of laws in conflict with this Act are repealed." Senator Ralston of the 51st asked unanimous consent to withdraw all of his previous
amendments. The consent was granted and all four previous Ralston, Newbill, Edge, et al. amend
ments were withdrawn.

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Senators Ralston of the 51st and Newbill of the 56th offered the following amendment:
Amend the committee substitute to SB 446 by inserting on line 8 on page 1, immediately following the word and symbol "regulations;", the following:
"to provide an additional penalty for any person who fraudulently obtains public assistance or food stamps; to provide a short title; to provide that any such person shall be ineligible for such public benefits for one year for the first offense and forever for the second offense;".

By striking line 5 on page 2 and inserting in lieu thereof the following:
"adding after subsection (c) two new subsections to read as".
By striking line 13 on page 2 and inserting in lieu thereof the following:
"case to the Office of Fraud and Abuse.
(e) Any person convicted of an offense stated in this Code section shall, upon the first such conviction, be ineligible to receive any form of public assistance or food stamps for a period of one year. For a second such conviction, such person shall be barred from receiv ing any form of public assistance or food stamps in this state for life; provided, however, that nothing in this subsection shall be construed so as to preempt any other law or regulation which would require an earlier denial of such benefits.'"
On the adoption of the amendment, the yeas were 39, nays 0, and the Ralston and Newbill amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 33, nay 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 Black Blitch Boshears Bowen Broun of 46th
Brown of 26th Burton Cagle Cheeks
Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson
Hill Hooks Isakson James
Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston
Ray Scott Slotin Starr
Stokes Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Johnson of 2nd and Tanksley.

On the passage of the bill, the yeas were 54, nay 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The President announced that the Senate would stand in recess at 12:15 P.M. until 1:30 P.M.
The President called the Senate to order at 1:30 P.M.

TUESDAY, MARCH 7, 1995

1095

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

SB 246. By Senators Marable of the 52nd, Dean of the 31st, Gillis of the 20th and others:

A bill to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to encourage the granting of visita tion rights to certain noncustodial parents.

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

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

Those voting in the affirmative were Senators:

Black Boshears
Bowen Broun of 46th Burton
Cagle Clay Crotts Dean Edge Egan Farrow Gillis
Glanton Gochenour

Griffin Guhl
Harbison Henson Hill
Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden
Marable McGuire

Middleton Newbill
Oliver Perdue Pollard
Ragan Ralston Ray Slotin Starr Thomas Thompson Turner
Tysinger

Those not voting were Senators:

Abernathy Balfour Blitch
Brown of 26th

Cheeks Day Isakson
Scott

Stokes Tanksley Taylor
Walker

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

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

Mr. President:

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

HB 717. By Representative Benefield of the 96th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to the permits for excess weight and dimensions, so as to authorize the commissioner to issue emergency permits for vehicles and loads in excess of 16 feet wide.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 80. By Representative Parham of the 122nd:
A resolution compensating Mr. Alonzo Key.

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HR 78. By Representative Royal of the 164th: A resolution compensating Ms. Sue F. Condrey.
HR 100. By Representatives Skipper of the 137th and Epps of the 131st: A resolution compensating Mr. William H. Clark.
HR 102. By Representative Streat of the 167th: A resolutin compensating Ms. Carrie Fletcher.
HR 172. By Representatives Dobbs of the 92nd and Stancil of the 91st: A resolution compensating Ms. Charlotte Brandenburg.
HR 277. By Representative Reichert of the 126th: A resolution compensating Mr. Robert T. Cramer.
HR 319. By Representative Reichert of the 126th: A resolution compensating Five Star Dodge, Inc.
The following bills and resolutions of the House were read the first time and referred to committees:
HR 78. By Representative Royal of the 164th: A resolution compensating Ms. Sue F. Condrey.
Referred to Committee on Appropriations. HR 80. By Representative Parham of the 122nd:
A resolution compensating Mr. Alonzo Key. Referred to Committee on Appropriations. HR 100. By Representatives Skipper of the 137th and Epps of the 131st:
A resolution compensating Mr. William H. Clark. Referred to Committee on Appropriations. HR 102. By Representative Streat of the 167th:
A resolution compensating Ms. Carrie Fletcher. Referred to Committee on Appropriations. HR 172. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A resolution compensating Ms. Charlotte Brandenburg. Referred to Committee on Appropriations. HR 277. By Representative Reichert of the 126th:
A resolution compensating Mr. Robert T. Cramer. Referred to Committee on Appropriations.

TUESDAY, MARCH 7, 1995

1097

HR 319. By Representative Reichert of the 126th: A resolution compensating Five Star Dodge, Inc..
Referred to Committee on Appropriations.

HB 717. By Representative Benefield of the 96th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to the permits for excess weight and dimensions, so as to authorize the commissioner to issue emergency permits for vehicles and loads in excess of 16 feet wide.
Referred to Committee on Transportation.
The Calendar was resumed.

SB 316. By Senators Tysinger of the 41st, Oliver of the 42nd and Broun of the 46th:

A bill to amend Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Trade Secrets Act of 1990," so as to change the definition of "trade secret"; to provide that information regarding actual or potential customers or suppliers is a trade secret without regard to the form of such information in certain circumstances.

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

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 Black Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Blitch Bowen

Guhl Scott Stokes

Tanksley Walker

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

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JOURNAL OF THE SENATE

SB 310. By Senator Thomas of the 10th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," as amended, so as to change the compensation and al lowances of the members and the chairman of the Authority's Board of Direc tors.
The State and Local Governmental Operations Committee offered the following substi tute to SB 310:
A BILL
To be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to change the compensation and allowances of the members and the chairman of the Au thority's Board of Directors; 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 known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10,1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking in their entirety the first two sentences of subsection (f) of Section 6 of the said Act, and inserting in lieu thereof the following:
"Each appointed member of the Board, except the Chairman, shall be paid by the Author ity a per diem allowance, in an amount equal to that provided by Code Section 45-7-21 of the Official Code of Georgia Annotated, as now in effect or as it may hereafter be amended, for each day on which that member attends an official meeting of the Board, of any committee of the Board, or of the Authority's Pension Committee, Board of Ethics, or Arts Council; provided, however, that the said per diem allowance shall not be paid to any such member for more than 130 days in any one calendar year. If the Chairman of the Board is an appointed member of the Board, the Chairman shall be paid by the Au thority a per diem allowance in the same amount for each day in which the Chairman engages in official business of the Authority, including but not limited to attendance of any of the aforesaid meetings.",
so that when so amended said subsection shall read as follows:
"(f) Each appointed uitmibei uf the Board, except the Cliaiiman, shall be paid by the
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official business of the Authority, but he shall not be paid more than eleven hundred dollars fin any one calendar mouth. Each appointed member of the Board, except the Chairman, shall be paid by the Authority a per diem allowance, in an amount equal to that provided by Code Section 45-7-21 of the Official Code of Georgia Annotated, as now in effect or as it may hereafter be amended, for each day on which that member attends an official meeting of the Board, of any committee of the Board, or of the Authority's Pension Committee, Board of Ethics, or Arts Council; provided, however, that said per diem allowance shall not be paid to any such member for more than 130 days in any one calendar year. If the Chairman of the Board is an appointed member of the Board, the Chairman shall be paid by the Authority a per diem allowance in the same amount for each day in which the Chairman engages in official business of the Authority, including but not limited to attendance of any of the aforesaid meetings. A member of the Board shall also be reimbursed for actual expenses incurred by that member in the performance

TUESDAY, MARCH 7, 1995

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of that members duties as authorized by the Board. A Board member shall not be al lowed employee benefits authorized under Section 8(b)."

SECTION 2.

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

SECTION 3.

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

Senators Broun of the 46th and Dean of the 31st offered the following amendment:

Amend the committee substitute to SB 310 by striking on page 1, line 25 and on page 2, line 20 the symbols "130" and inserting in lieu thereof the symbols "60".
On the adoption of the amendment, the yeas were 12, nays 28, and the Broun of the 46th and Dean amendment to the committee substitute was lost.
On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Black and Newbill.

Those not voting were Senators:

Blitch

Middleton

Tanksley

On the passage of the bill, the yeas were 51, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 410. By Senators Clay of the 37th and Ralston of the 51st:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relat ing to the transfer of a nonresident child to the county of the child's residence for disposition following adjudication that the child has committeed an unruly or

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delinquent act; to authorize the adjudicating court to retain jurisdiction over the disposition of the nonresident child.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Blitch and Tanksley.

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

SB 317. By Senator Isakson of the 21st:

A bill to amend Code Section 20-2-261 of the Official Code of Georgia Annotated, regarding common minimum school facility requirements, so as to remove a cer tain provision providing for automatic repeal.

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

On 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 Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean

Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson Johnson of 2nd

Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston

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Ray Scott Slotin

Starr Stokes Taylor

Thomas Tysinger Walker

Those not voting were Senators:

Blitch James

Tanksley Thompson

Turner

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

SB 213. By Senator James of the 35th:
A bill to amend Chapter 15 of Title 15 of the Official Code of Georgia Annotated, relating to child support receivers, so as to prohibit the receipt of any extra com pensation in the form of bonuses or commissions for child support receivers or employees of such office; to provide for an additional duty of child support re ceivers.

The Senate Committee on Judiciary offered the following substitute to SB 213:
A BILL
To be entitled an Act to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, so as to prohibit wage incentive payments to employees of state agencies who are found to have committed acts of abuse or harassment towards members of the public; to provide a definition; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, is amended by adding at the end thereof a new Code Section 45-2018 to read as follows:
"45-20-18.
(a) As used in this Code section, the term "wage incentive plan' means any plan to provide wage incentives above regular merit pay increases to certain employees of the state in return for superior performances pursuant to policies promulgated by the Office of Plan ning and Budget and the State Personnel Board.
(b) Any agency of state government, as defined in Code Section 45-20-2, which has devel oped and implemented a plan providing for wage incentives to employees of such agency shall provide as a policy of any such wage incentive plan that any employee of such agency who commits an act of abuse or harassment towards a member of the public while in performance of his or her employment duties and which act, upon written complaint being issued, is documented and validated under the personnel rules of the agency and which act results in an oral or written reprimand for abusive behavior shall not be eligi ble for participation in the wage incentive plan for the period in which such abusive act occurred."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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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 Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Day Dean Egan

Farrow Gillis Griffin Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Langfbrd Madden

Marable Middleton Oliver Pollard Ragan Ralston Scott Slotin Starr Stokes Thomas Turner Walker

Those voting in the negative were Senators:

Crotts
Glanton Gochenour

Guhl
Land McGuire

Newbill Tysinger

Those not voting were Senators:

Blitch Edge Isakson

Perdue Ray Tanksley

Taylor Thompson

On the passage of the bill, the yeas were 40, nays 8.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 387. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to enact the Southern Regional Emer gency Management Compact; to provide a short title; to provide for the purpose and authorities of said compact; to provide for general implementation; to pro vide for the responsibilities of each state which is a party to the compact; to provide for limitations; to provide for licenses and permits; to provide for liabili ties and immunities.

The Senate Committee on Public Safety offered the following substitute to SB 387:
A BILL
To be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Anno tated, relating to emergency management, so as to enact the Southern Regional Emergency Management Compact; to provide a short title; to provide for the purpose and authorities of said compact; to provide for general implementation; to provide for the responsibilities of each state which is a party to the compact; to provide for limitations; to provide for licenses and permits; to provide for liabilities and immunities; to provide for supplementary agree ments; to provide for compensation and death benefits for members of emergency forces of the states; to provide for reimbursement to states rendering aid; to provide for the orderly evacuation and interstate reception of portions of a state's population; to provide for evacu ation plans; to provide for implementation; to provide for validity; to provide for limitations with respect to the use of military force by the National Guard of a state at any place outside of such state; to provide for the repeal of the Interstate Civil Defense and Disaster

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1103

Compact under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORIGA;
SECTION 1.
Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency man agement, is amended by adding at the end of Article 4, known as the "Interstate Civil Defense and Disaster Compact," a new Code Section 38-3-73 to read as follows:
"38-3-73.
This article shall remain effective unless and until the Southern Regional Emergency Management Compact provided for in Article 5 of this chapter becomes effective and is adopted in all states having a common boundary with this state, at which time this arti cle shall stand repealed in its entirety."
SECTION 2.
Said chapter is further amended by adding following Article 4 a new Article 5 to read as follows:
"ARTICLE 5
38-3-80.
This article shall be known and may be cited as the 'Southern Regional Emergency Man agement Compact.' 38-3-81.
The Southern Regional Emergency Management Compact is enacted into law and en tered into by the State of Georgia with all other states which adopt the compact in a form substantially as follows:
SOUTHERN REGIONAL EMERGENCY MANAGEMENT COMPACT
The contracting states solemnly agree that:
ARTICLE I--PURPOSE AND AUTHORITIES
This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agree ment, the term 'states' is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions.
The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state(s), whether arising from natural disaster, technological haz ard, man-made disaster, civil emergency aspects of resources shortages, community disor ders, insurgency, or enemy attack.
This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency peri ods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.

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ARTICLE II--GENERAL IMPLEMENTATION
Each party state entering into this compact recognizes many emergencies transcend polit ical jurisdictional boundaries and that intergovernmental coordination is essential in man aging these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.
The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the Federal Government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood.
On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.
ARTICLE III--PARTY STATE RESPONSIBILITIES
(a) It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, inso far as practical, shall:
(1) Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack.
(2) Review party states' individual emergency plans and develop a plan which will de termine the mechanism for the interstate management and provision of assistance concerning any potential emergency.
(3) Develop interstate procedures to fill any identified gaps and to resolve any identi fied inconsistencies or overlaps in existing or developed plans.
(4) Assist in warning communities adjacent to or crossing the state boundaries.
(5) Protect and assure uninterrupted delivery of services, medicines, water, food, en ergy and fuel, search and rescue, and critical lifeline equipment, services, and re sources, both human and material.
(6) Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.
(7) Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.
(b) The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information:
(1) A description of the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transporta tion, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.

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(2) The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed.
(3) The specific place and time for staging of the assisting party's response and a point of contact at that location.
(c) There shall be frequent consultation between state officials who have assigned emer gency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities.
ARTICLE IV--LIMITATIONS
Any party state requested to render mutual aid or conduct exercises and training for mu tual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state.
Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (expect that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emer gency services authorities of the state receiving assistance. These conditions may be acti vated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving state(s), whichever is longer.
ARTICLE V--LICENSES AND PERMITS
Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such per son shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by execu tive order or otherwise.
ARTICLE VI--LIABILITY
Officers or employees of a party state rendering aid in another state pursuant to this com pact shall be considered agents of the requesting state for tort liability and immunity pur poses; and no party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness.
ARTICLE VII--SUPPLEMENTARY AGREEMENTS
Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with an other state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and

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reception of injured and other persons and the exchange of medical, fire, police, public util ity, reconnaissance, welfare, transportation and communications personnel, and equip ment and supplies.
ARTICLE VIII--COMPENSATION
Each party state shall provide for the payment of compensation and death benefits to in jured members of the emergency forces of that state and representatives of deceased mem bers of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.
ARTICLE IX--REIMBURSEMENT
Any party state rendering aid in another state pursuant to this compact shall be reim bursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such request; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this provision.
ARTICLE X--EVACUATION
Plans for the orderly evacuation and interstate reception of portions of the civilian popula tion as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/ services directors of the various jurisdictions where any type of incident requiring evacua tions might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evauees come shall mutually agree as to reimbursement of out-of-pocket expenses in curred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines, and medical care, and like items. Such expenditures shall be reim bursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.
ARTICLE XI--IMPLEMENTATION
(a) This compact shall become operative immediately upon its enactment into law by any two states and when Congress has given consent thereto; thereafter, this compact shall become effective as to any other state upon its enactment by such state.
(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 30 days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.
(c) Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropri ate agencies of the United States Government.

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ARTICLE XII--VALIDITY

This compact shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this com pact and the applicability thereof to other persons and circumstances shall not be affected thereby.

ARTICLE XIII--ADDITIONAL PROVISIONS

Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of Title 18, United States Code."

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 30, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle
Cheeks Clay Crotts Day Dean Egan Farrow Gillis

Griffin Guhl Harbison Henson
Hill Hooks Isakson James
Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Pollard
Ragan Ralston Scott Slotin
Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Black

Glanton

Gochenour

Those not voting were Senators:

Blitch Edge

Perdue Ray

Tanksley

On the passage of the bill, the yeas were 48, nays 3.
The bill, having received the requisite constitutional majority, was passed by substitute.

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SR 4. By Senators McGuire of the 30th, Edge of the 28th, Newbill of the 56th and others:
A resolution proposing an amendment to the Constitution so as to reserve to the people of the state the power to propose laws and amendments to the Constitu tion and to enact or reject the same; to provide procedures and restrictions con nected therewith; to provide for the submission of this amendment for ratifica tion or rejection.
Senator McGuire of the 30th moved to postpone SR 4 until 4:00 P.M.
On the motion, the yeas were 33, nays 3; the motion prevailed, and SR 4 was postponed until 4:00 P.M.
The time having arrived to entertain the reconsideration motion, Senator Walker of the 22nd moved that the Senate reconsider its action in defeating the following bill of the Senate:

SB 366. By Senator Walker of the 22nd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to create the Council for Civic Renewal; to provide a short title; to provide for legislative findings and expressions of intent.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Gillis Glanton Gochenour

Griffin Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Marable McGuire Middleton

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Egan Farrow

Guhl

Newbill

Those not voting were Senators:

Blitch Bowen

Broun of 46th Madden

Tanksley Thomas

On the motion, the yeas were 46, nays 4; the motion prevailed and SB 366 was recon sidered and placed on the General Calendar.
The Calendar was resumed.

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1109

SB 418. By Senators Tysinger of the 41st and Oliver of the 42nd:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the offense of theft of trade secrets; to provide for definitions; to provide for a penalty; to provide for preserv ing the secrecy of trade secrets in prosecutions; to provide for exceptions.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour
Black Boshears Bowen
Broun of 46th Brown of 26th Burton
Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis

Glanton Gochenour
Griffin Guhl Harbison
Henson Hill Hooks
Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton
Newbill Oliver Perdue
Pollard Ragan Ralston
Ray Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Blitch Day

Scott Tanksley

Walker

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

SB 420. By Senator Ralston of the 51st:

A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to change certain pro visions relating to the use of "fighting words," obscene and vulgar or profane language, and harassing phone calls; to provide for the offense of disorderly con duct; to provide that certain powers of counties or municipalities shall not be affected or limited; to provide for the offense of harassing phone calls.

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

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

Those voting in the affirmative were Senators:

Balfour Boshears Bowen Broun of 46th Brown of 26th Burton

Cheeks Clay Crotts Dean Edge Egan

Farrow Gillis Glanton Gochenour Griffin Guhl

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Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land

Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan

Those not voting were Senators:

Abernathy Black Blitch

Cagle Day Ray

Ralston Slotin Starr Stokes Taylor Thomas Thompson Turner Walker
Scott Tanksley Tysinger

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 436. By Senator Abernathy of the 38th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to require medical insurance coverage for the general public riding aboard Authority vehicles.

Senator Abernathy of the 38th offered the following amendment:
Amend SB 436 by inserting on pg 1 line 31 after the word "Coverage" the following "in an amount not more than 2,500 for reasonable and necessary medical expenses."
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 Boshears Brown of 26th Dean

Harbison Henson James Kemp

Langford Ralston Stokes Walker

Those voting in the negative were Senators:

Balfour Black Bowen Burton Cagle Cheeks Clay Crotts Day Edge Egan Farrow

Gillis Glanton Gochenour Guhl Hill Hooks Isakson Johnson of 1st Land Madden Marable McGuire

Middleton Newbill Oliver Pollard Ragan Slotin Starr Taylor Thompson Turner Tysinger

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1111

Those not voting were Senators:

Blitch Broun of 46th Griffin

Johnson of 2nd Perdue Ray

Scott Tanksley Thomas

On the passage of the bill, the yeas were 12, nays 35. The bill, having failed to receive the requisite constitutional majority, was lost.

SB 408. By Senator Isakson of the 21st:

A bill to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to general provisions regarding interest and usury, so as to provide for interest on certain claims in bankruptcy.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks
Clay Crotts Day Dean
Edge
Egan Farrow

Gillis Glanton Gochenour Griffin Guhl
Henson Hooks Isakson
James Johnson of 2nd
Johnson of 1st Kemp Land
Langford
Madden Marable

McGuire
Middleton Newbill
Oliver Pollard
Ragan Ralston
Scott Slotin Starr
Stokes Taylor Thompson Turner
Tysinger
Walker

Voting in the negative was Senator Black.

Those not voting were Senators:

Brown of 26th Harbison Hill

Perdue Ray

Tanksley Thomas

On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed.

SB 438. By Senators Dean of the 31st, Bowen of the 13th, Gillis of the 20th and Marable of the 52nd:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige motor vehicle license plates and special plates for certain persons and vehicles, so as to provide for special motorcycle plates for handicapped persons; to provide for special antique plates for motorcycles.

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The Senate Committee on Public Safety offered the following substitute to SB 438:
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 motor vehicle license plates and special plates for certain persons and vehicles, so as to provide for special motorcycle plates for handicapped persons; to provide for special antique plates for motorcycles; 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 motor vehicle license plates and special plates for certain persons and vehicles, is amended by striking in its entirety subsection (a) of Code Section 40-2-74, relating to spe cial license plates for disabled persons, and inserting in lieu thereof the following:
"(a) Any motor vehicle owner, including without limitation the owner of a motorcycle, who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submitting 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 pur suant to Article 8 of Chapter 5 of this title shall constitute proof of disability."

SECTION 2.

Said article is further amended by striking in its entirety subsection (a) of Code Section 402-77, relating to special license plates for antique, hobby, or special interest vehicles, and inserting in lieu thereof the following:
"(a) As used in this Code section, the term 'antique or hobby or special interest vehicle' means any motor vehicle, including a motorcycle, which is over 25 years old or a motor vehicle, including a motorcycle, which has been designed and manufactured to resemble an antique or historical vehicle and which is owned as a collector's item and for participa tion in club activities, exhibitions, tours, parades, and similar uses but which may be used for general transportation."

SECTION 3.

This Act shall become effective on January 1, 1996.

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 Black
Blitch

Boshears Bowen Broun of 46th
Brown of 26th

Burton Cagle Cheeks
Clay

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Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison
Henson

Hill Hooks Isakson James
Johnson of 2nd Johnson of 1st Kemp Land Langford Madden McGuire Middleton

Newbill Pollard Ragan Ralston
Scott Slotin Starr Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Marable Oliver Perdue

Ray Stokes

Tanksley Thomas

On the passage of the bill, the yeas were 49, nays 0.
This bill, having received the requisite constitutional majority, was passed by substitute.

SB 451. By Senator Farrow of the 54th:
A bill to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to provide that during a certain period of time no state agency shall adopt any rule.

Senator Henson of the 55th moved that SB 451 be placed on the Table.

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

Those voting in the affirmative were Senators:

Abernathy Bowen Broun of 46th Brown of 26th Dean Egan Gillis Henson

Hooks James Langford Madden Marable Middleton Newbill Oliver

Perdue Ray Scott Slotin Starr Stokes Thompson Turner

Those voting in the negative were Senators:

Balfour Blitch Boshears Burton Cagle Cheeks Clay Crotts Day
Edge

Farrow Glanton Gochenour Griffin Guhl Harbison Hill Isakson Johnson of 2nd
Johnson of 1st

Kemp Land McGuire Pollard Ragan Ralston Taylor Thomas Tysinger

Those not voting were Senators:

Black

Tanksley

Walker

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On the motion, the yeas were 24, nays 29; and the motion to Table was lost.
Senator Isakson of the 21st offered the following amendment:
Amend SB 451 as follows:
On line 17 page 1 delete the period at the end of the sentence and insert, "that is more strict than existing rules and regulations."
Senator Isakson of the 21st asked unanimous consent that his amendment be withdrawn.
The consent was granted and the Isakson amendment was withdrawn.
Senator Kemp of the 3rd offered the following amendment:
Amend SB 451 by inserting on line 17 page 1 after the word adoption: "the provisions of this code section shall not apply to any rule regulating game, fish or natural resources."
On the adoption of the amendment, the yeas were 38, nays 0, and the Kemp amend ment was adopted.
Senator Thomas of the 10th offered the following amendment:
Amend SB 451 by inserting on line 17 page 1 after the word adoption "The provisions of this code section shall not apply to any rule regulating the State Board of Nursing."
On the adoption of the amendment, the yeas were 40, nays 0, and the Thomas amend ment was adopted.
Senator Madden of the 47th offered the following amendment:
Amend SB 451 by inserting on line 17 page 1 after the word adoption: "The provisions of this code section shall not apply to any rules regulating the State Board of Pharmacy."
On the adoption of the amendment, the yeas were 41, nays 1, and the Madden amend ment was adopted.
Senator Gillis of the 20th offered the following amendment:
Amend SB 451 by inserting on page 1, after line 17, the following: "The provisions of this Code section shall not apply to the Forestry Commission." Senator Farrow of the 54th moved that SB 451 be committed to the Senate Judiciary Committee. On the motion, the yeas were 46, nays 0; the motion prevailed, and SB 451 was com mitted to the Senate Judiciary Committee.
SR 274. By Senator McGuire of the 30th:
A resolution creating the Joint Study Committee on Pilot Projects in the Douglas Judicial Circuit.
The Senate Rules Committee offered the following substitute to SR 274:
A RESOLUTION
Creating the Joint Study Committee on Pilot Projects in the Douglas Judicial Circuit; and for other purposes. WHEREAS, at the 1994 general election, the voters ratified an amendment to the Constitu tion of the State of Georgia to allow the General Assembly, by general law, to provide for, as nonuniform pilot programs of limited duration, courts which are not uniform within their class of courts in jurisdiction, powers, rules of practice and procedure, and selection, qualifi cations, terms, and discipline of judges; and

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WHEREAS, a study should be undertaken to determine if there are any recommendations which should be made to the General Assembly concerning the establishment of a pilot program within the Douglas Judicial Circuit.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Pilot Projects in the Douglas Judicial Circuit to be composed of five members to be appointed by the members of the Douglas County delegation in the General Assembly of Georgia. Any member of the General Assembly, any judge of any court within Douglas County, and any citizen of Douglas County shall be eligible for appointment as a member of the committee. The members of the committee shall elect a chairperson. The chairperson shall call all meetings of the com mittee, except that the first meeting of the committee shall be called by the chairperson of the Douglas County delegation in the General Assembly of Georgia.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the condi tions, needs, issues, and problems confronting the courts of the Douglas Judicial Circuit or related thereto and recommend any actions or legislation which the committee deems nec essary 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 effec tively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive no additional compensation, ex penses, or allowances for service on the committee. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31,1995. The committee shall stand abolished on December 31, 1995.
On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Egan

Farrow Glanton Gochenour Griffin Guhl Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford

Marable McGuire Newbill Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Thomas Thompson Tysinger Walker

Those voting in the negative were Senators:

Broun of 46th Gillis Harbison

Madden Middleton Oliver

Stokes Taylor Turner

Not voting were Senators Day and Tanksley.

On the adoption of the resolution, the yeas were 45, nays 9.

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The resolution, having received the requisite constitutional majority, was adopted by substitute.
SB 71. By Senators Brown of the 26th, Perdue of the 18th, Taylor of the 12th and Ray of the 19th:
A bill to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to capital outlay funds under the "Quality Basic Education Act," so as to provide for State Board of Education policies relating to facilities which are his toric landmarks; to provide for use of capital outlay funds for facilities registered as historic landmarks under certain conditions; to eliminate the scale for local participation relating to facilities which are historic landmarks.
The Senate Committee on Education offered the following substitute to SB 71:
A BILL
To be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Edu cation Act," so as to provide for State Board of Education policies relating to facilities which are historic landmarks; to provide for use of capital outlay funds for facilities registered as historic landmarks under certain conditions; to provide for common minimum facility re quirements for buildings registered as historic landmarks; 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 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," is amended by striking subsections (c) and (e) of Code Section 20-2-260, relating to capital outlay funds generally, and inserting in their places new subsections (c) and (e), respectively, to read as follows:
"(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 in clude 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 construc tion and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; designations for each instructional space in permanent and temporary buildings occupied by designated state approved instruc tional programs, federal programs, or local programs not required by the state; local property assessment for bond purposes; outstanding school bonds and annual debt ser vice; 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 Education staff shall annu ally 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 required 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. How ever, 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 agencies servicing the local board; and individuals

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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 devel opment patterns; assessment of existing instructional and support space; assessment of existing educational facilities; extent of obsolescence of facilities; and recommenda tions for improvements, expansion, modernization, safety, and energy retrofitting 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 procedures 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 lim ited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educational facilities pro jected 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 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 facil ities as may be reasonably necessary to assure effective, efficient, and economical oper ation 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; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other require ments 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 reno vated facility provides comparable instructional and supportive space and has an ex tended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or addi tions 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 assist ance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics pub lished by the Department 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 ed ucational facilities construction plans and shall reflect circumstances where rapid pop ulation 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 projections which will be used in the development of needs within each local unit. Projections shall not be confined to fulltime equivalent resident students but shall be based on full-time 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 be tween local school systems. The full-time equivalent projection shall be calculated 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.

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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 for 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 regulations by the State Board of Education;
(6) To adopt policies, standards, and guidelines to ensure that the provisions of subsec tions (e), (f), (g), (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 construc tion projects, and consolidation of schools across system lines are carried out;
(7) To review and approve proprosed sites and all architectural and engineering draw ings and specifications on construction projects for educational facilities to ensure com pliance with state standards and requirements, and inspect and approve completed construction projects financed in whole or in part with state funds, except construction projects under supervision of the Georgia State Financing and Investment Commis sion. The state board may designate selected local units of administration which have stuff 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 Fi nancing 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 unfore seen 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 re quirements under subsection (q) of this Code section; andr
(10) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use ot education facili ties that are historic landmarks and are registered as such with the National Register of Historic Places or the Georgia Register of Historic Places.*
"(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 destroyed by fire or natural disaster and which shall consist of new buildings and facil ities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof to different sites;
(2) To provide construction projects to renovate, modernize, or replace educational fa cilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, 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 pro visions 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 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

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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 structure but neither shall such vocational wing be excluded for funding pur poses; 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 system may request funds for the purposes of this paragraph unless and until all con struction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed; and:
(7) To provide construction projects to renovate or modernize facilities which are his toric landmarks and are registered as such with the National Register of Historic Places or the Georgia Register of Historic Places in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments; provided, however, that local school boards shall be required to use the facility which is a historic landmark as an educational facility; and provided, further, that facilities which are historic landmarks be used as public schools and be registered as historic landmarks on or before December 31, 1994. No lottery proceeds shall be appropriated from the Lottery for Education Account to fund any project or purpose authorized by this paragraph"
SECTION 2.
Said part is further amended by adding to the end of Code Section 20-2-261, relating to common minimum facility requirements, a new subsection (e) to read as follows:
"(e) The provisions of subsection (a) of this Code section notwithstanding, the State Board of Education shall adopt policies to ensure the maintenance of each school facility that is a historic landmark and is registered as such with the National Register of His toric Places or the Georgia Register of Historic Places."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 February 16, 1995
The Honorable Richard Marable, Chairman Senate Education Committee State Capitol, Room 420 Atlanta, Georgia 30334
SUBJECT: Fiscal Note Senate Bill 71 (LC 23 0156)
Dear Chairman Marable:
This bill authorizes the State Board of Education to adopt rules regarding educational facilities which qualify as historic landmarks. The bill also authorizes the use of state capi tal outlay funds for the renovation or modernization of historic landmarks, provided local

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school boards use the facility as an educational facility. In addition, the bill exempts con struction projects on historic landmarks from the calculation of the appropriation for state capital outlay funds for educational facilities.
The fiscal impact of this bill cannot be determined. The extent to which state capital outlay funds would be used is dependent upon the criteria established in O.C.G.A. 20-2260(c)(4). These criteria include whether renovation costs exceed the cost of new construc tion of a replacement facility and whether the renovated facility provides comparable in structional and supportive space and has an extended life comparable to that of a new facility. In this respect, it appears that the bill, by exempting historic landmarks from the requirements of O.C.G.A. 20-2-260(g), may conflict with the provisions of O.C.G.A. 20-2260(c)(4), possibly precluding State participation in the funding of the provisions of this bill.
Sincerely,
Isl Claude L. Vickers State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget
Senator McGuire of the 30th offered the following amendment:
Amend committee substitute to SB 71 by striking lines 1 through 3 on page 1 and inserting in lieu thereof the following:
"To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as".
By inserting on line 9 on page 1, immediately following the word and symbol "landmarks;", the following:
"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;".
By inserting on line 10 of page 1 immediately following the word and symbol "matters;" the following:
"to provide for severability;".
By striking lines 13 through 15 on page 1 and inserting in lieu thereof the following:
"Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is".
By striking the word "part" on line 15 on page 7 and inserting in lieu thereof the word "chapter".
By striking lines 24 through 26 on page 7 and inserting in lieu thereof the following:
"SECTION 3.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by adding at the end thereof a new Article 31 to read as follows:
'ARTICLE 31
20-2-2060.
This article shall be known and may be cited as the "American Heritage in Education Act."
20-2-2061.
(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

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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;
(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";
(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 Presi dents of the United States;
(9) Organic documents from the precolonial, colonial, revolutionary, federalist, and postfederalist eras;
(10) United States Supreme Court decisions; and
(11) Acts of the United States Congress.
(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.
20-2-2062.
On July 1, 1995, 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 4.

In the event any part of this Act is found to be unconstitutional, the remaining provisions shall not be affected.

SECTION 5.

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

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 Black Burton Cagle Cheeks Clay Crotts Day Dean Edge

Farrow Glanton Gochenour Guhl Henson Hooks Isakson Johnson of 1st Kemp Land

Egan

Marable McGuire Newbill Perdue Pollard Ralston Starr Thompson Turner Tysinger

Those voting in the negative were Senators:

Abernathy Blitch Bowen Broun of 46th

Brown of 26th Gillis Griffin Harbison

Hill James Johnson of 2nd Langford

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Madden Middleton Oliver Ragan

Ray Scott Slotin Stokes

Not voting were Senators Boshears and Tanksley.

Taylor Thomas Walker

On the adoption of the amendment, the yeas were 31, nays 23; and the McGuire amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Johnson of 2nd and Tanksley.

On the passage of the bill, the yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following resolution, having been postponed earlier today, was put upon its adoption:

SENATE RESOLUTION 4
By: Senators McGuire of the 30th, Edge of the 28th, Newbill of the 56th and others
A RESOLUTION
Proposing an amendment to the Constitution so as to reserve to the people of the state the power to propose laws and amendments to the Constitution and to enact or reject the same; to provide procedures and restrictions connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article III of the Constitution of Georgia is amended by adding at the end thereof a new Section XI to read as follows:
"SECTION XI
PUBLIC INITIATIVE
Paragraph I. Power vested in the people, (a) The legislative power of the state shall be vested in the General Assembly which shall consist of a Senate and House of Representa tives, both to be elected by the people, but the people reserve to themselves the power to propose laws and amendments to the Constitution and to enact or reject the same at the polls independent of the General Assembly and also reserve power at their own option to approve or reject at the polls any Act or item, section, or part of any Act of the General Assembly.
(b) The first power hereby reserved by the people is the initiative, and signatures as provided in subsection (d) of this Paragraph shall be required to propose any measure by petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions for state legislation and amendments to the Constitution, in such form as may be prescribed pursuant to law, shall be addressed to and filed with the Secretary of State at least three months before the general election at which they are to be voted upon.
(c) The second power hereby reserved is the referendum, and it may be ordered against any Act or item, section, or part of any Act of the General Assembly by a petition signed by registered electors in an amount equal to at least 5 percent of the total number of votes cast for all candidates for the office of Governor at the previous general election. Referendum petitions, in such form as may be prescribed pursuant to law, shall be ad dressed to and filed with the Secretary of State not more than 270 days after the final adjournment of the session of the General Assembly that passed the bill on which the referendum is demanded. The filing of a referendum petition against any item, section, or part of any Act shall not delay the Act from becoming operative.
(d) Statutory initiatives and constitutional initiatives must be signed by at least 5 per cent and 8 percent, respectively, of the total number of votes cast for all candidates for the office of Governor at the previous general election, in at least two-thirds of the United States congressional districts in the state, in order to be placed on the ballot.
(e) The veto power of the Governor shall not extend to measures initiated by or referred to the people. All elections on measures initiated by or referred to the people of the state shall be held at the biennial regular general election, and all such measures shall become the law or a part of the Constitution, when approved by a majority of the votes cast thereon, and not otherwise, and shall take effect from and after the date of the official declaration of the vote thereon by proclamation of the Governor but not later than 30 days after the vote has been canvassed. This section shall not be construed to deprive the General Assembly of the power to enact any measure.
(f) The original draft of the text of proposed initiated constitutional amendments and initiated laws shall be submitted to the Office of Legislative Counsel for review and com ment. No later than two weeks after submission of the original draft, unless withdrawn by proponents, the Office of Legislative Counsel shall render their comments to the pro ponents of the proposed measure at a meeting open to the public which shall be held only after full and timely notice to the public. Such meeting shall be held prior to the fixing of a ballot title. Neither the General Assembly nor its committees or agencies shall have any power to require the amendment, modification, or other alteration of the text of any such proposed measure or to establish deadlines for the submission of the original draft of the text of any proposed measure.

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(g) The petition shall consist of sheets having such general form printed or written at the top thereof as shall be designated or prescribed by the Secretary of State; such peti tion shall be signed by registered electors in person only and shall have attached the residence address of such persons and the date of signing the same. To each of such petitions, which may consist of one or more sheets, shall be attached an affidavit of some registered elector that each signature thereon is the signature of the person whose name it purports to be and that, to the best of the knowledge and belief of the affiant, each of the persons signing said petition was, at the time of signing, a registered elector. Such petitions shall be verified by the Secretary of State's office as prescribed pursuant to law as to the signatures thereon being genuine and true and that the persons signing the same are registered electors.
(h) The Secretary of State shall submit all measures initiated by or referred to the people for adoption or rejection at the polls in compliance with this section. The text of all measures to be submitted shall be published as constitutional amendments are pub lished; and, in submitting the same and in all matters pertaining to the form of all peti tions, the Secretary of State and all other officers shall be guided by the general laws.
(i) It shall be a misdemeanor to pay in money or other valuable considerations for the signing of petitions or ballots and each such payment to a voter shall constitute a sepa rate offense, but it shall not be illegal to pay for the work of collecting initiative signatures.
(j) Any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection of any initiative or referendum petition shall be subject to the requirements for public disclosure and reporting as provided by general law; provided, however, that no person, organization, or political action commit tee shall be allowed to contribute to any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection of any initiative or referendum petition an aggregate amount in excess of the maximum allowable amount specified by general law which may be contributed to a candidate for state-wide office in any election."

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 Shall the Constitution be amended so as to provide that the people of the state ( ) NO may propose laws and amendments to the Constitution and vote on such laws
and amendments in state-wide referenda?"
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 Egan of the 40th moved that SR 4 be committed to the Senate Judiciary Committee.

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

Those voting in the affirmative were Senators:

Abernathy Bowen
Broun of 46th Egan

Gillis James
Oliver Scott

Slotin Stokes
Taylor Turner

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Those voting in the negative were Senators:

Balfour Black Blitch Boshears Burton Cagle Cheeks Crotts Day Dean Edge Farrow Glanton Gochenour

Griffin Guhl Harbison Henson Hill Hooks Isakson Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Perdue Pollard Ragan Ralston Ray Starr Thomas Thompson Tysinger Walker

Those not voting were Senators:

Brown of 26th

Clay

Tanksley

On the motion, the yeas were 12, nays 41; and the motion was lost.

Senator McGuire of the 30th offered the following amendment:
Amend SR 4 by striking lines 25 through 28 on page 1 and inserting in lieu thereof the following:
"initiative, and signatures as provided in subsection (d) of this Paragraph shall be".
By striking on line 6 on page 2 the words "Secretary of State" and inserting in lieu thereof the word "Governor".
By striking lines 16 through 18 on page 2 and inserting in lieu thereof the following:
"must be signed by at least 5 percent and 8 percent, respectively, of the total number of vato"t.es cast for all candidates for the office of Governor at the previous general election, in
By striking lines 36 through 40 on page 2 and inserting in lieu thereof the following:
"submitted to the Office of Legislative Counsel for review and comment. No later than two weeks after submission of the original draft, unless withdrawn by proponents, the Office of Legislative Counsel shall render".
By striking lines 32 through 35 on page 3 and inserting in lieu thereof the following:
"(i) It shall be a misdemeanor to pay in money or other valuable considerations for the signing of petitions or ballots and each such payment to a voter shall constitute a sepa rate offense, but it shall not be illegal to pay for the work of collecting initiative signatures.
(j) Any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection of any initiative or referendum petition shall be subject to the requirements for public disclosure and reporting as provided by general law; provided, however, that no person, organization, or political action committee shall be allowed to contribute to any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection of any initiative or referendum petition an aggregate amount in excess of the maximum allowable amount specified by general law which may be contributed to a candidate for state-wide office in any election.'"

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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 Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Guhl Henson Hill Hooks Isakson Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Starr Taylor Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Brown of 26th Griffin Harbison

James Johnson of 2nd Scott Slotin

Stokes Tanksley Thomas Walker

On the adoption of the amendment, the yeas were 44, nays 0; and the McGuire amend ment was adopted.

Senator McGuire of the 30th offered the following amendment:

Amend SR 4 by striking the word "seven" on line 19 of page 2 and inserting in lieu thereof the word "two-thirds".

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 Black Blitch Boshears Bowen
Broun of 46th Burton Cagle
Cheeks Clay Crotts Day Dean Edge
Egan

Farrow Gillis Glanton Gochenour Guhl
Henson Hill Hooks
Isakson Johnson of 1st Kemp Land Langford Madden

Marable McGuire Middleton Newbill Perdue
Pollard Ragan Ralston
Ray Starr Taylor Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Brown of 26th Griffin

Harbison James Johnson of 2nd

Oliver Scott Slotin

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Stokes Tanksley

Thomas Walker

On the adoption of the amendment, the yeas were 43, nays 0; and the McGuire amend ment was adopted.
Senators Marable of the 52nd, Dean of the 31st, Ray of the 19th, et al. offered the following substitute to SR 4:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process, statutes and amendments to statutes and amendments to the Constitution and to repeal statutes and amendments to statutes; to provide procedures and restrictions connected therewith; to provide exceptions; to provide that the provisions shall be self-executing; 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 of the Constitution of Georgia is amended by adding at the end thereof a new Section XI to read as follows:

"SECTION XI.
PUBLIC INITIATIVE
Paragraph I. Power vested in the people, (a) Notwithstanding any other provision of this Constitution, the people of Georgia reserve to themselves the power, through the process of obtaining the required number of signatures of registered voters on an initia tive petition and submitting the petition to the registered voters of the state for approval or rejection, which shall be known as the initiative petition process, to enact or reject statutes and amendments to statutes and amendments to the Constitution and to repeal statutes and amendments to statutes, provided that the people allow, prior to the sub mission of the petition to the registered voters of the state for approval or rejection, the General Assembly two regular legislative sessions within which to act upon the proposal contained in the petition. The people, through the initiative petition process, shall have the power to make all laws consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the state.
(b) If conflicting initiative petitions submitted to the people at the same general elec tion are approved, the petition receiving the highest number of affirmative votes shall become law. If an initiative petition is defeated by the people voting in a general elec tion, an initiative petition which contains essentially the same provisions shall not be submitted to the people at the next two general elections.
(c) Each person signing an initiative petition shall affix thereto his or her signature, residence address, and the name of the county in which he or she is a registered voter. A person who has signed a petition may strike his or her name from the petition at any time prior to the presentation of the petition to the Secretary of State. The petition may consist of one or more documents, but each document shall contain only the signatures of persons residing in the same county, and each document shall have affixed thereto an affidavit made by one of the signers of such document to the effect that all of the signa tures are genuine and that each individual who signed such document was at the time of signing a registered voter in the county of his or her residence. The affidavit shall be executed before a person authorized by law to administer oaths in the State of Georgia.

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(d) Any person who signs a name other than his or her own on an initiative petition, or who knowingly signs his or her name more than once for the same proposition at one election, or who signs a petition knowing that he or she is not a qualified registered voter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than one year, or both. Each peti tion shall include a warning statement setting forth the preceding sentence.
(e) Any person who gives or receives money or anything of value for signing an initia tive petition, for obtaining the signatures of others on an initiative petition, for striking a signature from an initiative petition, or for obtaining the retraction of signatures of others on an initiative petition shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than one year, or both. Each petition shall include a warning statement setting forth the preceding sentence.
(f) Any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection of any initiative petition shall be subject to requirements for public disclosure and reporting of such contributions and expendi tures as provided by general law; provided, however, no person, organization, or political action committee shall be allowed to contribute an aggregate amount in excess of $500.00 to any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection of any initiative petition.
Paragraph II. Initiative petitions process, (a) An initiative petition shall be signed in each congressional district by a number of registered voters equal to 10 percent or more of the number of voters who voted for the candidates for the office of Governor in the last preceding gubernatorial election in that congressional district, and the total number of registered voters signing the initiative petition shall be equal to 10 percent or more of the total number of voters within the state who voted for the candidates for the office of Governor in the last preceding gubernatorial election.
(b) An initiative petition shall be approved as to its form by the Secretary of State. The Secretary of State shall then send the petition to the General Assembly, where the General Assembly shall have two regular legislative sessions within which to act on the proposal in the petition, for the purpose of providing to the General Assembly the option to enact either an identical constitutional amendment, statute, or amendment to a stat ute or one with minor modifications which do not subvert the main intent of the petition or to repeal the statute or amendment to a statute or to reject the constitutional amend ment, statute, or amendment to a statute or to reject the repeal of a statute or amend ment to a statute. Should the General Assembly enact or reject the constitutional amendment, statute, or amendment to a statute in language identical to that of the peti tion, the initiative petition process ends. Should the General Assembly repeal the stat ute or amendment to a statute, the initiative petition process also ends. Should the General Assembly enact the constitutional amendment, statute, or amendment to a stat ute with modifications to the language of the petition, any person may bring a direct action in the Supreme Court of Georgia to challenge whether the modifications meet the main intent test. Should such an action result in a ruling which declares that the modifi cations do not meet the main intent test, the petition as originally written shall be sub mitted for approval or disapproval by the voters of the entire state at the next regular general election, provided that the ruling precedes the general election by at least 150 days. Should the ruling not precede the general election by at least 150 days, the petition shall be submitted for approval or disapproval by the voters of the entire state at the second general election following the ruling. Should the General Assembly fail to act on the constitutional amendment, statute, or amendment to a statute or repeal of a statute or amendment to a statute or fail to act thereon, the petition shall be submitted for ap proval or disapproval by the voters of the entire state at the next general election pro vided that the General Assembly's failure to act on the amendment precedes the next general election by at least 150 days. Should the General Assembly's failure to act on the constitutional amendment, statute, or amendment to a statute or repeal of a statute or

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amendment to a statute not precede the next general election by at least 150 days, the petition shall be submitted for approval or disapproval by the voters of the entire state at the second general election following the rejection.
(cXD An initiative petition proposing a constitutional amendment shall state the full text of the constitutional amendment, shall state the language which is to appear on the ballot, and shall contain the following enacting clause: "BE IT RESOLVED BY THE PEOPLE OF THE STATE OF GEORGIA:'. An initiative petition proposing an amendment to the Constitution shall not refer to more than one subject matter and shall not contain matter different from what is expressed in the title thereof.
(2) An initiative petition proposing a statute, amendment to a statute, or repeal of a statute or amendment to a statute shall state the full text of the statute or amendment to a statute or statute or amendment to a statute to be repealed and shall contain the following enacting clause: 'BE IT ENACTED BY THE PEOPLE OF THE STATE OF GEORGIA:'. No statute or section of the Official Code of Georgia Annotated shall be amended or repealed by mere reference to its title or to the number of the section of the Official Code of Georgia Annotated, but the amending or repealing Act shall distinctly describe the law to be amended or repealed as well as the alteration to be made. An initiative petition proposing a statute or amendment to a statute or repeal of a statute shall not refer to more than one subject matter and shall not contain matter different from what is expressed in the title thereof.
(d) Such initiative petition shall be filed with the Secretary of State not less than 60 days before a regular legislative session of the General Assembly. The Secretary of State shall immediately proceed to examine each petition filed and compute whether or not the proper number of signatures appear on the petition. If the petition contains less than the required number of signatures, no further action shall be taken on such petition. If the petition appears to contain the required number of signatures, the Secretary of State shall certify the total number of signatures appearing on the petition and the total for each congressional district. If any citizen shall furnish proof satisfactory to the Secretary of State within 30 days following the date on which the Secretary of State certifies the total number of signatures appearing on the petition that 300 or more signatures appear ing on the petition are not the signatures of registered voters or are duplicate signatures or are not the genuine signatures of such persons, the Secretary of State shall provide the election officials of each county with a certified copy of the petition or appropriate portions thereof. Such county election officials shall examine the signatures appearing on the petition and shall certify the number of signatures of registered voters which ap pear on the petition to the Secretary of State within 30 days following the receipt of the copy of such petition. The Secretary of State shall tabulate and certify the total number of valid signatures appearing on the petition and shall certify whether the necessary number of signatures appear on the petition. If an insufficient number of signatures appear on the petition, no further action shall be taken on such petition. If the required number of signatures appear on the petition, the Secretary of State shall proceed to send the petition to the General Assembly.
(e) If the General Assembly fails to act on the petition within two regular legislative sessions, or if the Supreme Court rules that any modification to the petition fails the main intent test, the Secretary of State shall cause the entire text of the proposed consti tutional amendment, statute, or amendment to a statute or statute or amendment to a statute to be repealed to be published in a newspaper of general circulation in each con gressional district of the state as provided by law once each week for three consecutive weeks immediately preceding the date of the general election at which such proposed amendment is to be submitted.
(f)(l) Amendments to the Constitution proposed by initiative petition shall appear on the ballots in the same form as other proposed amendments. The provisions of Article X, Section I, Paragraph VI of the Constitution, relating to effective dates of amend ments to the Constitution, shall be applicable to amendments proposed by initiative petition, except that any amendment affecting taxation or relating to the raising of

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revenue shall become effective on the first day of the nineteenth month following its ratification.
(2) The Secretary of State, the Attorney General, and the Governor shall examine each statute and each amendment to a statute and statute to be repealed proposed by an initiative petition and shall adopt language to appear on the ballot which shall ade quately identify the measure to be voted upon. Such language shall be in the form of a question and shall not imply or suggest a vote either for or against such proposal. Such ballot question shall be in essentially the following form:
'( ) YES Shall the Act ........................... be enacted by the people and become the ( ) NO law of the State of Georgia?'
All persons desiring to vote in favor of such proposed statute or amendment becoming the law of the state or in favor of the repeal of a statute shall vote Tfes' and those persons desiring to vote against the proposed statute or amendment or repeal of a statute becoming the law of the state shall vote 'No.' It shall be the duty of the Secre tary of State to tabulate the results of such election and to declare and certify the results thereof. If a majority of the voters voting on such question at such election vote for approval of such proposed statute or amendment to a statute or of such repeal of a statute, it shall become law and take effect on the thirtieth day following the election, except that any proposed statute or amendment to a statute which affects taxation or relates to the raising of revenue shall become effective on the first day of the nine teenth month following the election. If a majority of such voters vote for disapproval of such statute or amendment to a statute or repeal of a statute, no further action shall be taken on such petition. An initiative measure approved by the voters shall have the same force of authority as a law enacted by the General Assembly.
Paragraph III. Provisions of section self-executing; legislative procedures. The provi sions of this section are self-executing but the General Assembly may provide by law for procedures to facilitate the operation thereof."

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 Shall the Constitution be amended so as to provide that the people of the ( ) NO State of Georgia shall have the limited power through initiative petition to
enact or reject statutes, amendments to statutes, and amendments to the Constitution and to repeal statutes and amendments to statutes?"
The ballot submitting the above proposed amendment shall have written or printed thereon the following: All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amend ment 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.

On the adoption of the Marable, et al. substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bowen Broun of 46th Dean Egan Farrow Gillis

Henson Hill Hooks Langford Madden Marable

Middleton Oliver Perdue Pollard Ragan Ray

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Starr Taylor

Thompson Turner

Those voting in the negative were Senators:

Balfour Black Blitch Boshears Brown of 26th Burton Cagle Cheeks Clay Crotts Day

Edge Glanton Gochenour Griffin Guhl Harbison Isakson James Johnson of 2nd Johnson of 1st Kemp

Land McGuire Newbill Ralston Scott Slotin Stokes Thomas Tysinger Walker

Not voting were Senators Abernathy and Tanksley.

On the adoption of the substitute, the yeas were 22, nays 32; and the Marable, et al. substitute was lost.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch
Boshears Broun of 46th Brown of 26th Burton
Cagle Cheeks
Clay Crotts Day Dean
Edge Egan
Farrow

Glanton Gochenour Griffin
Guhl Harbison Henson Hill
Hooks Isakson
James Johnson of 2nd Johnson of 1st Kemp
Land Madden
Marable

McGuire Middleton Newbill
Perdue Pollard Ragan Ralston
Ray Scott
Starr Stokes Thomas Thompson
Turner Tysinger
Walker

Those voting in the negative were Senators:

Bowen Gillis

Langford Oliver

Slotin Taylor

Not voting were Senators Abernathy and Tanksley.

On the adoption of the resolution, the yeas were 48, nays 6.
The resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended.

SB 296. By Senator Ragan of the llth.
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for definitions of certain terms; to prohibit the creation, use, or procurement of a

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false and fraudulent certificate, license, permit, credential, or other document with intent to deceive; to provide that the same is good and sufficient cause for termination, suspension, or nonrenewal of a contract of employment.

Senator Ragan of the llth offered the following amendment:

Amend SB 296 by striking lines 6 through 9 of page 1 and inserting in lieu thereof the following:
"ocr"r.edential, or other document with intent to deceive; to provide that the creation, use,

By striking from line 38 of page 2 through line 2 of page 3 and inserting in lieu thereof the following:
"licensing authority shall be guilty of a felony".
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:

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

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Black Clay

Isakson Perdue Tanksley

Thomas Walker

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

SB 325. By Senator Walker of the 22nd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to increase to seven the number of judges for the Augusta Judicial Circuit; to pro vide for the appointment and term of the initial seventh judge; to provide for the appointment and term of the initial seventh judge; to provide for the election and term of successors to the initial seventh judge; to provide for the qualifica tions of such judge; to provide for the compensation, salary, and expense allow ance of said judge.

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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 Black Boshears Bowen Broun of 46th
Brown of 26th Burton
Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison
Henson Hill
Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard
Ragan Ralston
Ray Scott Slotin Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Blitch

Isakson Starr

Tanksley

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

SR 240. By Senators Johnson of the 1st, Walker of the 22nd and Thomas of the 10th:
A resolution creating the Joint Study Committee on Certificate of Need for Health Care Facilities.

The Senate Committee on Rules offered the following amendment:

Amend SR 240 by striking on line 8 on page 2 the word "ten" and inserting in its place the word "five".
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 as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle
Cheeks Clay

Crotts Day Dean Edge Egan Farrow Gillis Glanton
Gochenour Griffin

Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st
Kemp Land

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Langford Madden Marable McGuire Middleton Newbill Oliver Perdue

Pollard Ragan Ralston Ray Scott Slotin Starr

Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Blitch

Isakson

Tanksley

On the adoption of the resolution, the yeas were 52, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 269. By Senators Marable of the 52nd and Dean of the 31st:
A resolution authorizing the conveyance of certain state owned real properties located in Bartow County, Georgia,

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

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

Those voting in the affirmative were Senators:

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

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Those not voting were Senators:

Abernathy Blitch

Scott

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker
Tanksley

On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SB 423. By Senator Oliver of the 42nd:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support, so as to authorize an order for child sup port to require insurance for the benefit of a minor child on the life of either or

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1135

both parents; to provide that premiums for such insurance be reviewed for rea sonableness and counted as a part of child support; to provide that the mainte nance of such insurance and the availability of the proceeds of such insurance shall not be required.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ralston Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Black Broun of 46th Edge

Griffin Ragan Ray

Scott Tanksley Walker

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 356. By Senators Henson of the 55th, Thomas of the 10th and Black of the 53rd:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, so as to change the grievance system for classified employees; to provide for definitions; to provide for a uni form four-step grievance procedure to be implemented by rules and regulations of the State Personnel Board; to provide for court ordered compliance; to provide for notice to employees, reports, appeals, group grievances, employee advocates, and granting of relief for failure to provide a timely decision or response; to pro vide a misdemeanor offense for retaliation or harassment.

The Senate State and Local Governmental Operations Committee offered the following substitute to SB 356:

A BILL
To be entitled an Act to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, so as to change the grievance system for classified employees; to provide for definitions; to provide what employment ac tions shall be the subject of grievances; to provide for a uniform four-step grievance filing procedure to be implemented by rules of the State Personnel Board; to provide for monitor ing, determining, and compelling of compliance; to provide for notice to employees, reports, mediation, appeals, group grievances, employee spokespersons, continuances, granting of

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relief for failure to provide a timely decision or response, and termination of the grievance for failure to appeal; to provide for disciplinary action for retaliation, harassment, or false or misleading information; to authorize different procedures for unlawful discrimination complaints; 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 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, is amended by inserting a new Code section at the end thereof to be designated Code Section 45-20-18 to read as follows:
"45-20-18.
(a) As used in this Code section, the term:
(1) 'Employee' means an employee in the classified service as defined in paragraph (2) of Code Section 45-20-2.
(2) 'Grievance' means a claim initiated by an employee alleging that the employee's personal employment has been affected by adverse employment decisions or conditions due to unfair treatment; unsafe or unhealthful working conditions; a performance rat ing which directly results in the denial of a salary increase; erroneous or capricious interpretation or application of department policies and procedures or the rules of the State Personnel Board; a violation of state or federal law; or allegations of unlawful discrimination because of race, color, sex, national origin, disability, age, or religious or political opinions or affiliations.
(b) The State Personnel Board shall adopt rules regarding employee grievances to pro vide for a grievance filing procedure which shall be uniform throughout state government for employees in the classified service. The merit system shall monitor, determine, and compel compliance with such grievance procedure by the departments of state govern ment. The commissioner of the State Merit System shall submit an annual report outlin ing departmental compliance with this Code section to the Governor, Lieutenant Governor, Speaker of the House of Representatives, House Governmental Affairs Com mittee, and Senate State and Local Governmental Operations Committee.
(c) State Personnel Board rules shall require the departments to post a notice outlining the grievance procedures and the employee's right to file a grievance.
(d) The rules of the State Personnel Board regarding employee grievances shall provide for an initial step of filing a written grievance with the employee's departmental person nel office. A grievance shall be filed in writing no later than 15 days following an event upon which the grievance is based or no later than 15 days after the employee became aware of the problem. Board rules shall incorporate the admissibility of patterns of ac tions resulting in grievances. Except as provided elsewhere in this Code section, the personnel office shall, within five business days of receiving the written grievance, deter mine if the matter is grievable. If the matter is determined to be grievable, the personnel office shall grant the relief requested, contest the grievance, or refer the grievance to a trained mediator who is not an employee of the same department as the aggrieved em ployee. Should mediation fail to achieve a resolution to the grievance, the aggrieved em ployee may reinstate his or her grievance at the second step of the grievance procedure no later than five days following the final attempt at mediation.
(e) The rules of the State Personnel Board regarding employee grievances shall provide for a second step in the grievance procedure. Within five business days after the person nel office contests a grievance, there shall be appointed a committee of three persons to take testimony and other evidence regarding the grievance and issue a recommended resolution. Supervisory employees, aggrieved employees, participants in a group griev ance, and witnesses or other persons named or referred to in the written grievance shall

TUESDAY, MARCH 7, 1995

1137

not serve on the committee. All members of the committee shall be employees of the same department as the aggrieved employee and shall work at the same geographic loca tion as the aggrieved employee. One member of the committee shall be designated by the aggrieved employee; one member of the committee shall be designated by the manage ment official most familiar with the grievance; and the two committee members thus chosen shall choose the third committee member. A written statement of the commit tee's recommended resolution shall be provided to the aggrieved employee and the man agement of the state employer within ten business days after the committee members are appointed. If there is no timely appeal of the committee's recommended resolution, the resolution shall be implemented.
(f) Step three of the grievance procedure provided in the rules of the State Personnel Board shall allow an appeal to the head of the department or such person's designee by either the aggrieved employee or a representative of management within five business days after receiving the written statement of the committee's recommended resolution. The final agency decision on the grievance shall be provided in writing to the aggrieved employee and management within ten business days after receipt of the appeal.
(g) The grievant may file an appeal of an alleged violation of the board's rules, excluding the factual findings and substance of the grievance, to the State Personnel Board no later than 15 days following notification of the final agency decision.
(h) The rules of the State Personnel Board shall provide for group grievances and shall allow another employee of the same department to act as the grievant's spokesperson. The grievant and the spokesperson shall each be granted, during regular work hours and without loss of pay or credits, up to four hours preparation time per grievance. No em ployee shall be entitled to or provided more than 16 hours of preparation time in any calendar year to pursue an individual grievance or serve as a spokesperson.
(i) At any step in the process, if the aggrieved employee fails to file an appeal within the time period specified, the grievance process shall be terminated. At any step of the pro cess, if the recommendation is not rendered within specified time frames, the employee may notify the commissioner in writing that established time frames have not been met. In this event, the commissioner shall notify in writing the affected department head who shall provide appropriate relief within five business days. The department may apply for and the commissioner may grant continuances for unforeseen contingencies.
(j) Any state officer, supervisor, management representative, or employee who knowingly supplies false or misleading information in a grievance or who attempts to harass, intim idate, or retaliate against any employee, state officer, supervisor, or management repre sentative as a result of the action in filing or processing a grievance or providing testimony or evidence regarding a grievance shall be subject to disciplinary action, in cluding dismissal from employment.
(k) Departments may institute procedures designed specifically for unlawful discrimina tion complaints and may process grievances alleging unlawful discrimination according to such procedures or according to the grievance procedure provided for in this Code section. State Personnel Board rules shall require that the grievant in such cases be given an opportunity to provide information relative to the complaint and, upon request, to receive information regarding the status of the complaint. At the conclusion of the investigation, the employee will be notified in writing of the decision and of any available alternatives.
(1) The State Personnel Board shall adopt rules to implement the provisions of this Code section pertaining to, but not limited to, nongrievable matters, group grievances, media tion, training requirements of persons associated with the grievance process, and neces sary reporting procedures and requirements."

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JOURNAL OF THE SENATE

SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Henson of the 55th offered the following amendment:
Amend the committee substitute to SB 356 by striking line 13 of page 1 and inserting in lieu thereof the following:
"termination of the grievance for failure to appeal; to provide for a pool of certified hear ing officers for employee grievances; to".
By striking line 3 of page 3 and inserting in lieu thereof the following:
"(e)(l) The rules of the State Personnel Board regarding".
By striking lines 12 through 26 of page 3 and inserting in lieu thereof the following:
"written grievance shall not serve on the committee. One member of the committee shall be designated by the aggrieved employee, and one member of the committee shall be designated by the management official most familiar with the grievance. The first and second members of the committee shall be employees of the same department as the aggrieved employee and shall work at the same geographic location as the ag grieved employee. The third member of the committee shall be a certified hearing of ficer for employee grievances in accordance with paragraph (3) of this subsection who is not an employee of the same department as the grievant. The state merit system shall provide the grievant with a list of certified hearing officers. The grievant shall nominate five persons from the pool of certified hearing officers, and the state merit system shall make one of the nominated persons available to serve as the third mem ber of the committee. The third member of the committee shall be chairperson of the committee.
(2) The committee selected in accordance with paragraph (1) of this subsection shall by majority vote adopt a recommended resolution for the grievance. A written statement of the committee's recommended resolution shall be provided to the aggrieved em ployee and the management of the state employer within ten business days after the committee members are appointed. If there is no timely appeal of the committee's rec ommended resolution, the resolution shall be implemented.
(3) The rules of the State Personnel Board shall provide for the establishment of a pool of certified hearing officers for employee grievances and a selection process for the hearing officer pool which ensures a balance of nonmanagement and management em ployees and which includes a procedure for self-nomination. To be certified as hearing officers for employee grievances, selected candidates shall successfully complete a training course and meet any other certification requirements established by the state merit system.".
Senator Henson of the 55th offered the following amendment:
Amend the committee substitute to SB 356 by striking in its entirety line 13 of page 1 and inserting in lieu thereof the following:
"termination of the grievance for failure to appeal; to prohibit relief which cannot reason ably be granted or which imposes an undue burden or significant financial cost; to".
By striking in its entirety line 13 of page 4 and inserting in lieu thereof the following:
"not been met; provided, however, that at any step of the process relief which cannot reasonably be granted by the department or which imposes an undue burden or signifi cant financial cost upon the department or state government shall not be granted. In this event, the commissioner shall".

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1139

Senator Henson of the 55th offered the following amendment:
Amend the committee substitute to SB 356 by striking line 16 of page 1 in its entirety and inserting in lieu thereof the following:
"procedures for unlawful discrimination complaints; to provide that no cause of action against the state or any political subdivision of the state is created by the provisions of this Act; to provide that the state shall incur no legal liability in the administration of the grievance procedure; to provide that this Act does not require, cause, or permit the state to enter into any contract not otherwise authorized by law or to recognize any third party as an authorized bargaining representative for any employee or group of employ-

By striking in its entirety line 44 of page 4 and inserting in lieu thereof the following:
"reporting procedures and requirements.
(m) Nothing in this Code section shall be interpreted so as to grant to any employee a right or cause of action against the state or any department, authority, commission, bu reau, agency, board, or political subdivision thereof; nor shall the state incur any legal liability in the administration of the grievance procedure provided herein; nor shall this Code section be interpreted as to require, cause, or permit the state to enter into any contract not otherwise authorized under law or to recognize any third party as an author ized bargaining representative for any employee or group of employees.'"
Senator Ray of the 19th, President Pro Tempore, assumed the Chair.
Senator Edge of the 28th moved that SB 356 be placed on the Table.

On the motion, Senator Black of the 53rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean

Edge Egan Gillis Glanton Gochenour Guhl Hooks Isakson Johnson of 1st Land

Madden McGuire Newbill Perdue Pollard Ralston Taylor Turner Tysinger

Those voting in the negative were Senators:

Abernathy Black Boshears Brown of 26th Farrow Griffin Henson Hill

James Johnson of 2nd Kemp Langford Marable Middleton Oliver

Ragan Slotin Starr Stokes Thomas Thompson Walker

Those not voting were Senators:

Blitch Harbison

Ray (presiding) Scott

Tanksley

On the motion, the yeas were 29, nays 22; the motion prevailed, and SB 356 was placed on the Table.

The President resumed the Chair.

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JOURNAL OF THE SENATE

SB 434. By Senator Boshears of the 6th:
A bill to amend Article 3 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in state courts of counties, so as to provide for deferred partial payment of judgments in state courts.

The Senate Committee on Special Judiciary offered the following amendment:

Amend SB 434 by striking from line 14 of page 2 the words "he or she" and inserting in lieu thereof the words "the judge".
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 Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden

McGuire Middleton Newbill Oliver Perdue Pollard Ralston Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch Harbison Marable

Ragan Ray

Scott Tanksley

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator James of the 35th moved that Senator Harbison of the 15th be excused from the Senate due to an emergency.
On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Harbison of the 15th was excused from the Senate.

SB 397. By Senators Farrow of the 54th and Black of the 53rd:
A bill to amend Code Section 17-4-20.1 of the Official Code of Georgia Annotat ed, relating to investigation of family violence, preparation of written reports, review of reports by defendants arrested for family violence, and compilation of statistics, so as to change the provisions relating to the preparation of family violence reports; to provide that a victim of family violence may review and copy a family violence report.

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1141

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Gochenour Griffin Guhl Henson Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Black Broun of 46th Glanton

Harbison (excused) Hill Isakson

Marable Scott Tanksley

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 396. By Senators Johnson of the 1st and Clay of the 37th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morality, so as to change the pen alties for contributing to the deprivation of a minor; to provide a definition.

The Senate Committee on Special Judiciary offered the following substitute to SB 396:

A BILL
To be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against public health and morality, so as to change the penalties for contributing to the deprivation of a minor; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morality, is amended by striking in its entirety Code Section 16-12-1,

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JOURNAL OF THE SENATE

relating to contributing to the delinquency, unruliness, or deprivation of a minor, and in serting in lieu thereof a new Code section 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) Telony' 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.
(4) 'Serious injury' means an injury involving a broken bone, the loss of a member of the body, the loss of use of a member of the body, or the substantial disfigurement of the body or of a member of the body or an injury which is life threatening.
(b) A person commits the offense of contributing to the delinquency, unruliness, or depri vation of a minor when such person:
(1) 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) 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;
(3) 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;
(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 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; or
(5) Knowingly and willfully provides to a minor any weapon as defined in subsection(b) paragraph (2) of subsection (a) 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 en compasses 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 pursuant to paragraph (1); or (2), or (0) 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 imprisoned 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.

TUESDAY, MARCH 7, 1995

1143

(d.l) A person convicted pursuant to paragraph (3) of subsection (b) of this Code Sec tion shall be punished as follows:
(1) Upon conviction of an offense which resulted in the serious injury or death of a child, without regard to whether such offense was a first, second, third, or subsequent offense, the defendant shall be guilty of a felony;
(2) Upon conviction of an offense which does not result in the serious injury or death of a" child and which is the first conviction, the defendant shall be guilty of a misdemeanor and shall be fined not more than $1,000.00 or shall be imprisoned for not more than 12 months, or both fined and imprisoned;
(3) Upon conviction of an offense which does not result in the serious injury or death of a child and which is the second conviction, the defendant shall be guilty of a high and aggravated misdemeanor 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, or both fined and impris oned; ami
(4) Upon the conviction an offense which does not result in the serious injury or death of a child and which is the third or subsequent conviction, the defendant shall be guilty of a felony and shall be fined not less than $10,000.00 or shall be imprisoned for not less than one year nor more than five 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.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

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

Gochenour Griffin Guhl Henson Hill Hooks Isakson Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy Black Crotts

Glanton Harbison (excused) James

Ray Tanksley

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

SB 415. By Senator Johnson of the 1st:

A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Central of Georgia Railroad Shops Complex as the official state railroad museum of Georgia.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ralston Ray Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Black
Blitch Brown of 26th

Harbison (excused)
Henson Ragan

Scott
Tanksley Walker

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 406. By Senators Gochenour of the 27th, McGuire of the 30th and Glanton of the 34th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide for the consecutive service of sentences by inmates convicted of a crime while in prison; to provide for related matters; to provide for an effective date and applicability.

TUESDAY, MARCH 7, 1995

1145

The Senate Committee on Special Judiciary offered the following substitute to SB 406:

A BILL
To be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide for the consecutive service of sentences by inmates convicted of a crime com mitted while in prison; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and of other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

SECTION 1.

Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, is amended by adding a new Code Section 17-10-10.1 to read as follows:
"17-10-10.1.
(a) A person who is convicted of a crime under the laws of this state, which crime was committed while such person was imprisoned in a county jail or a correctional institution operated by or under the jurisdiction and supervision of the Department of Corrections, shall serve any sentence imposed in connection therewith consecutively to the term of the original imprisonment.
(b) This Code section shall govern and be followed by the Department of Corrections in the computation of time that sentences shall run."

SECTION 2.

This Act shall become effective on July 1, 1995, and shall apply to crimes committed on or after July 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 30, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Farrow Gillis Glanton

Gochenour Griffin Guhl Henson Hill Hooks Isakson James Kemp Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Black Blitch Brown of 26th

Egan Harbison (excused) Johnson of 2nd

Johnson of 1st Tanksley Walker

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 306. By Senator Broun of the 46th:

A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Western Judicial Circuit; to provide for the election and term of office of said judge; to provide for the manner of impaneling jurors; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to prescribe the qualifications and prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties composing the Western Judicial Circuit.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Farrow

Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Brown of 26th Egan Harbison (excused)

Johnson of 2nd Oliver Perdue

Tanksley Walker

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

SB 394. By Senators Taylor of the 12th, Bowen of the 13th, Henson of the 55th and Brown of the 26th:
A bill to amend Code Section 3-2-30 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue with respect to the manufacture, transportation,

TUESDAY, MARCH 7, 1995

1147

distribution, sale, and possession of alcoholic beverages, and to amend Code Sec tion 48-11-19 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Reve nue with respect to the manufacture, transportation, distribution, sale, and pos session of cigars, cigarettes, and little cigars.

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

On 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 Black Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Henson
Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston
Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Harbison (excused)

Johnson of 2nd

Tanksley

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 278. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to provide for an additional judge of the superior court of the Alcovy Judi cial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to provide for terms; to prescribe the powers of said judge; to prescribe the compensation and allowances of said judge; to provide for the sharing of work by the judges; to provide for an addi tional court reporter.

The Senate Judiciary Committee offered the following substitute to SB 278:

A BILL
To be entitled an Act to provide for an additional judge of the superior court of the Alcovy Judicial Circuit; to provide for the election of such judge and of such judge's successors; to provide for terms; to prescribe the powers of said judge; to prescribe the compensation and allowances of said judges; to provide for the sharing of work by the judges; to provide for an additional court reporter; to provide for courtrooms, facilities, equipment, and personnel; 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 Alcovy Judicial Circuit; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, is amended by striking paragraph (2) of said Code section in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Alcovy Circuit ...................................................... 23".
SECTION 2.
A new judge of the superior court is added to the Alcovy Judicial Circuit, thereby increasing to three the number of judges of said circuit.
SECTION 3.
The initial judge shall be elected at a special election in 1995 at the earliest date possible under Code Section 21-2-540 and in compliance with the federal Voting Rights Act for a term beginning on the day following the date of election and expiring December 31, 1996, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 1996, for a term of four years beginning on January 1, 1997, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.
SECTION 4.
Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the superior court of said circuit may preside over any case therein and per form any official act as judge thereof.
SECTION 5.
The compensation, salary, and expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Alcovy Judicial Circuit. Any salary supplements paid by the counties of said circuit shall also be applicable to the additional judge provided for in this Act.
SECTION 6.
The judges of the Alcovy Judicial Circuit, in transacting the business of said courts and in performing their duties and responsibilities, shall share, divide, and allocate the work and duties to be performed by each. The judges of the superior courts of the Alcovy Judicial Circuit shall have full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets and fixing the calendars and order of busi ness in said courts. Any of them may conduct trials by jury at the same time in the same county or otherwise within said circuit, or any or all of them may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts.

TUESDAY, MARCH 7, 1995

1149

SECTION 7.

The judges of the superior courts of the Alcovy Judicial District shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.

SECTION 8.

Upon the request of any judge, the governing authorities of the counties comprising the Alcovy Judicial Circuit are authorized to furnish the judges of said courts with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary to the proper functioning of the court. All expenditures authorized by this section are declared to be an expense of court and paya ble from the county treasury as such.

SECTION 9.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Gillis

Glanton Gochenour Griffin Guhl Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Black Farrow

Harbison (excused) Johnson of 2nd

Tanksley

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

SB 411. By Senator Balfour of the 9th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, so as to provide for special li cense plates for persons who are retired reservists; to provide for procedures and fees.

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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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th
Burton
Cagle Cheeks
Clay Crotts
Day Dean
Edge Farrow

Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks
Isakson
James Johnson of 1st
Kemp Land
Langford Madden
Marable

McGuire Middleton Newbill Perdue Pollard Ragan Ralston Ray
Scott
Slotin Starr
Taylor Thomas
Thompson Turner
Tysinger

Those not voting were Senators:

Egan Harbison (excused) Johnson of 2nd

Oliver Stokes

Tanksley Walker

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

SR 248. By Senators Cheeks of the 23rd and Walker of the 22nd:

A resolution authorizing the conveyance of certain state owned real property located in Richmond County, Georgia, subject to provisions of a certain lease agreement, as amended.

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 Black
Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton
Cagle Cheeks Clay
Crotts
Day

Dean Edge Egan
Farrow Gillis Glanton
Gochenour Griffin Guhl
Henson Hill Hooks
Isakson
James

Kemp Land Langford
Madden Marable McGuire
Middleton Newbill Perdue
Pollard Ralston Ray
Scott
Slotin

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1151

Starr Stokes Taylor

Thomas Thompson Turner

Tysinger Walker

Those not voting were Senators:

Harbison (excused) Johnson of 2nd

Johnson of 1st Oliver

Ragan Tanksley

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

SB 216. By Senator James of the 35th:
A bill to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, so as to provide for a short title; to provide for legislative intent; to provide for prohibition against the pas sage of certain laws affecting political subdivisions; to provide for certain excep tions; to allow a showing of undue hardship.

The Senate State and Local Governmental Operations Committee offered the following substitute to SB 216:

A BILL
To be entitled an Act to amend Chapter 5 of Title 28 of the Official Code of Georgia Anno tated, relating to financial affairs of the General Assembly, so as to provide for a short title; to provide for legislative intent; to provide that counties and municipalities shall be given one year in which to comply with any Act of the General Assembly that impacts expendi tures and revenues of such local governments under certain conditions; to allow a showing of undue hardship; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, is amended by adding at the end thereof a new article to be desig nated as Article 6 to read as follows:
"Article 6
28-5-130.
This article shall be known and may be cited as the 'Local Government Fiscal Impact Act.'
28-5-131.
The General Assembly recognizes that the fiscal strength of Georgia is necessarily re flected by the ability of Georgia's counties and municipalities to operate efficiently. The General Assembly further recognizes that certain state laws often adversely affect the activities or programs of political subdivisions by not providing any corresponding funds to comply with these laws. It is declared to be the policy of the General Assembly of Georgia that counties and municipalities not be encumbered by state laws which impose an undue fiscal burden or impact upon any of Georgia's political subdivisions.
28-5-132.
(a) Notwithstanding the provisions of Code Section 28-5-131, the General Assembly may adopt legislation which would require a county, municipality, or any combination thereof to expand or modify that political subdivision's services, activities, or programs without

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providing the funding for any necessary additional expenditures, provided that the af fected political subdivision be granted an extension not to exceed one year to comply with the state law.
(b) Prior to the approval of the extension provided for in subsection (a) of this Code sec tion, a political subdivision must first demonstrate that compliance with the state law will be unduly burdensome and will result in undue hardship to the affected political subdivision."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator James of the 35th offered the following amendment:
Amend the Senate Committee on State and Local Governmental Operations substitute to SB 216 by inserting on page 1 immediately following line 32 the following:
"28-5-132.
As used in this article, the term 'undue fiscal burden' means any bill or joint resolution requiring an expenditure in the aggregate of more than $1 million of public funds by counties or municipalities or both.
28-5-133.
Prior to the introduction of any bill affecting the expenditures or revenues of local gov ernments, the primary sponsor of the bill must present a copy of the bill to the Depart ment of Community Affairs for a cost analysis, which which department shall determine whether the bill is an undue fiscal burden and shall provide a written certification of that determination to the member of the General Assembly sponsoring the bill. If the bill is introduced into the General Assembly, it shall have attached thereto the original of the certification of the Department of Community Affairs."
By striking "28-5-132" and inserting in lieu thereof "28-5-134" on line 1 on page 2.
Senator Johnson of the 1st offered the following amendment to the James amendment: Insert "School Systems," on Line 10, Page 1 between "By" and "Counties".
On the adoption of the amendment, the yeas were 43, nays 0, and the Johnson of the 1st amendment to the James amendment was adopted.
On the adoption of the James amendment to the committee substitute, the yeas were 50, nays 0, and the amendment was adopted as amended.
Senator Johnson of the 1st offered the following amendment:
Amend the committee substitute to SB 216 by inserting "School Systems," on--
Line 4, page 1 between "that" and "counties".
And on--
Line 24, page 1 between "Georgia's" and "counties"
And on--
Line 30, Page 1 between "that" and "counties"
On the adoption of the Johnson of the 1st amendment to the Committee substitute, the yeas were 41, nays 0; and the amendment was adopted.
On the adoption of the Senate State and Local Governmental Operations Committee substitute, the yeas were 32, nays 20; and the substitute was adopted as amended.

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1153

Senators Land of the 16th, Gochenour of the 27th, Edge of the 28th, et al. offered the following substitute to SB 216:
Senators Land of the 16th, Gochenour of the 27th, Edge of the 28th, et al., offered the following substitute to SB 216:
A BILL
To be entitled an Act to amend Chapter 5 of Title 28 of the Official Code of Georgia Anno tated, relating to financial affairs of the General Assembly, so as to repeal the "Local Gov ernment Impact Fiscal Notes Act"; to provide procedures for the introduction, consideration, and passage of bills imposing unfunded costs on counties, municipalities, or school boards or any combination thereof or bills reducing sources of revenue for counties, municipalities, or school boards or any combination thereof; to provide a short title; to de fine certain terms; to provide that a mandated expenditure bill shall carry a legislative counsel number when introduced; to provide for changes in mandated expenditure bills prior to introduction; to provide prerequisites to introduction of bills affecting the expendi tures of counties, municipalities, or school boards or any combination thereof; to provide for the amendment of bills affecting the expenditures of counties or municipalities or both which are not mandated expenditure bills; to provide for the introduction of mandated ex penditure bills and for preliminary consideration by legislative committees; to provide for perfection of mandated expenditure bills by legislative committees and for a cost analysis of such bills; to provide for the scope of the cost analysis undertaken by the state auditor; to provide for the publication and distribution of the cost analysis and summary of the find ings of the state auditor; to provide for consideration of a mandated expenditure bill by the General Assembly and procedures and restrictions relative to amendments to such bills; to provide for the effect of bills which have been passed without compliance with this Act; to provide that this Act shall not apply to certain bills affecting expenditures of counties, mu nicipalities, or school boards or any combination thereof; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, is amended by striking in its entirety Article 3A, known as the "Local Government Impact Fiscal Notes Act," and inserting in lieu thereof a new Article 3A to read as follows:
"ARTICLE 3A
28-5-47.
This article shall be known and may be cited as the 'Local Government Unfunded Man date Procedures Act.'
28-5-48.
As used in this article, the term:
(1) 'Cost analysis' means an analysis of the costs to counties, municipalities, or school boards as a result of the passage and implementation of a proposed mandated expendi ture bill.
(2) 'County means a county government located in the State of Georgia.
(3) 'Local governments' means counties, municipalities, or school boards or any combi nation thereof.

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(4)(A) 'Mandated expenditure bill' means any bill or joint resolution introduced into the General Assembly which:
(i) Would require a county, municipality, or school board to provide or increase a service or which would increase the costs to a county, municipality, or school board in providing a service;
(ii) Would require a county, municipality, or school board to undertake a new pro gram or function or to expand an existing program or function;
(iii) Would forbid, restrict, or reduce any source of revenue for a county, municipal ity, or school board; or
(iv) Would result in any combination of the requirements, restrictions, or reduc tions enumerated in divisions (i) through (iii) of this subparagraph.
(B) 'Mandated expenditure bill' shall not mean any bill or joint resolution requiring an expenditure of less than $100,000.00 of public funds or the employment of less than five persons by counties, municipalities, or school boards.
(5) "Municipality" means an incorporated municipality of the State of Georgia. Such term shall also include consolidated municipal and county governments and unified municipal and county governments.
(6) 'School board' means the board of education of a county, independent, or area public school system.
28-5-49.
No bill affecting the expenditures or revenues of local governments may be introduced by any member of the General Assembly unless, at the time of its introduction, the bill has printed thereon in the upper right portion of each page of the bill an LC number. Once a mandated expenditure bill is presented by the Office of Legislative Counsel to a member of the General Assembly, neither the Office of Legislative Counsel nor any person shall make any change in the mandated expenditure bill prior to its introduction into the General Assembly unless the bill is returned to the Office of Legislative Counsel and that office assigns a new LC number to the bill.
28-5-50.
As a condition precedent to the introduction of any bill affecting the expenditures or reve nues of local governments, the member of the General Assembly who intends to be the primary sponsor of the bill must present an exact copy of the proposed bill, which must bear an LC number, of the state auditor. The state auditor shall determine whether the proposed bill is a mandated expenditure bill and provide a written certification of that determination to the member of the General Assembly who intends to be the primary sponsor of the bill. Such certification shall specifically identify the proposed bill by refer ence to the LC number. If the proposed bill is introduced into the General Assembly, it shall have attached thereto the original of the certification of the state auditor. If the LC number on the bill as offered for introduction is different from the LC number shown on the state auditor's certification or if the bill as offered for introduction does not bear an LC number on each page of the bill, the bill may not be accepted for introduction by the Secretary of the Senate or the Clerk of the House of Representatives, and the bill may not be considered by any committee of the House or Senate or by the House or Senate. If the bill is certified as a mandated expenditure bill, its introduction shall also be limited by the provisions of subsection (a) of Code Section 28-5-52.
28-5-51.
(a) A bill affecting the expenditures or revenues of local governments which is not a man dated expenditure bill may be introduced at any time during any regular session of the General Assembly. After its introduction into the General Assembly, such a bill may not be amended in any manner to cause the bill to become a mandated expenditure bill. Any amendment to such a bill shall be submitted to the state auditor by the chairperson of the committee, if a committee amendment, or by the presiding officer of the Senate or

TUESDAY, MARCH 7, 1995

1155

House if the amendment was made by the Senate or House. If the state auditor certifies in writing that the amendment does not cause the bill to become a mandated expenditure bill, the bill, as amended, may continue in the legislative process as any other bill. If the state auditor will not issue such a certification for the amendment, the bill's progress in the legislative process will end, and the bill shall not be considered further by either the House or the Senate, and, if passed by the General Assembly, the bill shall not become law and shall stand repealed in its entirety on the first day of July immediately following its enactment.
(b) An amendment to a bill affecting the expenditures or revenues of local governments which is not a mandated expenditure bill which is prohibited by subsection (a) of this Code section may be withdrawn by the committee which made the amendment, if a com mittee amendment, or by the Senate, if that body made the amendment, or by the House, if that body made the amendment. If the amendment is withdrawn, the bill may con tinue in the legislative process as any other bill, unless it is subsequently amended, and, in that event, this Code section shall apply to the subsequent amendment.
(c) A bill affecting the expenditures or revenues of local governments which is not a man dated expenditure bill and which is not amended during the legislative process may be considered as any other bill.
28-5-52.
(a) Any mandated expenditure bill may be introduced in the General Assembly only dur ing the regular session which is held during the first year of the term of office of members of the General Assembly. Any such mandated expenditure bill may be passed by the General Assembly only during the regular session which is held during the second year of the term of office of members of the General Assembly, except as otherwise provided in Code Section 28-5-56.
(b) When a mandated expenditure bill is introduced, it shall be assigned by the presiding officer of the Senate or the House, as the case may be, to the appropriate Senate or House standing committee. If a majority of the total membership of the respective committee is opposed to the bill on its merits, no cost analysis provided for in Code Section 28-5-54 shall be necessary, and the bill shall not be reported out of the committee and shall not be adopted or considered by the House or Senate. If a majority of the committee wishes to consider the bill further and votes in favor of a cost analysis of the bill, a cost analysis shall be required as provided in Code Section 28-5-54. Except as otherwise provided by subsection (c) of this Code section, no mandated expenditure bill may be reported out of the committee to which it is assigned or may be considered or adopted by the House or Senate unless a cost analysis of the bill is made.
(c) The committee to which a mandated expenditure bill is assigned following its intro duction may at any time amend the bill so that it is not a mandated expenditure bill. If the bill is so amended, an exact copy of the amended version shall be submitted by the chairperson of the committee to the state auditor. If the state auditor issues a written certification that the committee amendment has converted the status of the bill so that it is not a mandated expenditure bill, the bill shall no longer be a mandated expenditure bill for all purposes under this article as of the date of the state auditor's certification. Only the committee to which a mandated expenditure bill is originally assigned following its introduction may convert the bill as authorized in this subsection.
28-5-53.
(a) A mandated expenditure bill which the committee wishes to consider shall first be perfected, if necessary, by the committee. The committee may delay further considera tion of the bill until after the close of the regular session during which the bill was intro duced, but the committee shall complete its consideration of the bill for submission to the state auditor under Code Section 28-5-54 by not later than July 15 immediately following the close of the legislative session. The committee shall be authorized to meet for not more than five days, unless additional days are authorized by the President of the Senate for the Senate committee or by the Speaker of the House for the House committee, during

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the period beginning with the day following the close of the session and ending on July 1 immediately following the close of the session for the purpose of considering and perfect ing the bill. If the bill originated in the Senate, the appropriate House committee as determined by the Speaker of the House of Representatives shall be authorized to meet with the Senate committee to consider and perfect a bill during the period following the close of a regular session, and, if the bill originated in the House, the appropriate Senate committee as determined by the President of the Senate shall have the same authority. The committees may adopt such procedures as they find appropriate for conducting meetings at which both committees are present as authorized by this subsection. For attending meetings of their respective committees as authorized by this subsection, the members of the Senate and House committees shall receive the expenses and allowances provided by law for members of legislative interim committees. If a mandated expendi ture bill is changed by the committee to which it is assigned, such change shall be accom plished only by a substitute bill, and no committee amendment to the bill, except by substitute, shall be authorized.
(b) Immediately after a mandated expenditure bill has been considered and perfected as provided in subsection (a) of this Code section, the chairperson of the committee to which the bill was assigned shall transmit an exact copy of the bill, as perfected by the commit tee, when applicable, to the state auditor. The copy submitted to the state auditor shall bear an LC number. The submission of the bill to the state auditor shall have attached thereto a letter signed by the chairperson of the committee requesting the state auditor to make or cause to be made a cost analysis on the bill.
28-5-54.
(a) If a cost analysis of a mandated expenditure bill is requested under Code Section 285-53, it shall be the duty of the state auditor to complete or cause to be completed such cost analysis by not later than November 1 of the same year during which the request for the cost analysis was made. The cost analysis shall estimate the aggregate costs, to tax payers of local governments in Georgia of the proposed mandated expenditure bill.
(b) By not later than November 1 of the same year that the request for a cost analysis was made, the completed cost analysis shall be submitted by the state auditor to the chairperson of the committee who requested it along with a summary of the findings of the state auditor.
(c) The chairperson of the committee, upon receipt of the information provided for under subsection (b) of this Code section, shall cause the cost analysis and summary to be printed by the Secretary of the Senate or the Clerk of the House of Representatives, depending on whether the bill is a Senate bill or a House bill, in sufficient quantity to attach a copy thereof to all printed copies of the bill. The original cost analysis and sum mary shall be attached by the Secretary of the Senate or Clerk of the House of Represent atives to the original version of the substitute bill, as perfected by the committee under Code Section 28-5-53, if applicable, or to the original version of the bill as introduced if the bill was not changed by the committee prior to its submission to the state auditor for a cost analysis.
(d) By not later than November 1 of the same year that the request for a cost analysis was made, the completed cost analysis and summary shall be submitted by the state auditor to the commissioner of community affairs. The commissioner of community af fairs shall publicize the findings of the state auditor in such a way as to reasonably in form affected local governments.
28-5-55.
(a) When a mandated expenditure bill has had a cost analysis pursuant to Code Section 28-5-54, the bill may be considered at the next regular session of the General Assembly. If the bill as originally introduced was not changed by the committee and the original version was submitted to the state auditor for a cost analysis, then the original version of

TUESDAY, MARCH 7, 1995

1157

the bill is the only one, except as otherwise provided by subsection (b) of this Code sec tion, which may be considered by any committee or by the House or Senate. If the origi nal bill was substituted by the committee and the substitute version was the one submitted to the state auditor, then that substitute bill is the only one, except as other wise provided by subsection (b) of this Code section, which may be considered by any committee or by the House or Senate.
(b) After completion of a cost analysis, any amendment to a mandated expenditure bill shall be out of order and shall not be allowed either by a committee or by the House or Senate, except for a nonfiscal or a reduction in cost amendment. Any amendment to a mandated expenditure bill shall be submitted to the state auditor by the chairperson of the committee, if a committee amendment, or by the presiding officer of the Senate or House if the amendment was made by the Senate or House. If the state auditor certifies in writing that the amendment is a nonfiscal or a reduction in cost amendment, then the bill as amended, with the state auditor's certification attached to the original of the amendment, may continue in the legislative process. If the state auditor will not issue such a certification for the amendment, the bill's progress in the legislative process will end and the bill shall not be considered further by either the House or Senate and, if passed by the General Assembly, the bill shall not become law and shall stand repealed in its entirety on the first day of July immediately following its enactment.
(c) An amendment to a mandated expenditure bill which is prohibited by subsection (b) of this Code section may be withdrawn by the committee which made the amendment, if a committee amendment, or by the Senate, if that body made the amendment, or by the House, if that body made the amendment. If the amendment is withdrawn, the bill may continue in the legislative process as any other bill, unless it is subsequently amended, and, in that event, this Code section shall apply to the subsequent amendment.
28-5-56.
The provisions of this article shall not apply to:
(1) Any bill for which the General Assembly provides a contemporaneous appropriation sufficient to fund the costs imposed upon local governments by such bill. In any year in which the appropriation is less than the required funding level, compliance by local governments with the mandates of the unfunded law shall be optional, not mandatory;
(2) Any bill proposed or passed in a special session of the General Assembly;
(3) Any bill protecting the environment or containing mandates which the federal gov ernment requires the state to impose on local governments;
(4) Any bill prohibiting discrimination against persons on the basis of race, sex, reli gion, national origin, or any disability;
(5) Any bill providing for the health, welfare, or protection of persons under the age of 21; or
(6) Any bill approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Due to the adoption of the Senate State and Local Governmental Operations substi tute, the Land of the 16th, et al. substitute to SB 216 was moot.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to, as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour

Black Blitch

Boshears Bowen

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Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin

Guhl Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver

Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Harbison (excused)

Johnson of 2nd

Tanksley

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

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

Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:

HB 354. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to define and provide for the establishment of commu nity development districts; to prescribe the methods by which alcoholic bever ages may be lawfully sold within such districts.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:

HR 323. By Representative Jamieson of the 22nd: A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs.
The House has passed by the requisite constitutional majority the following bills of the House:

HB 755. By Representatives Royal of the 164th, Skipper of the 137th and Culbreth of the 132nd:
A bill to amend Code Section 48-5-7.5 of the Official Code of Georgia Annotated, relating to assessment and taxation of standing timber, so as to change the millage rate to be used in calculating such tax; to change certain provisions relating to the provision of weighted average prices by the state revenue commissioner to tax assessors.

TUESDAY, MARCH 7, 1995

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HB 790. By Representatives Walker of the 141st, Watson of the 139th and Floyd of the 138th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, so as to specify which county shall receive ad valorem taxes from certain real and tangible personal property located on an airport split by a county line under certain conditions.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 448. By Representatives Bates of the 179th, Royal of the 164th, Murphy of the 18th, Bargeron of the 120th, Lord of the 121st and others:
A resolution honoring Walter E. Cox and designating a portion of Georgia High way 1 and U.S. Highway 27 as the "Walter E. Cox Parkway".
HR 497. By Representatives McCall of the 90th, Powell of the 23rd, Walker of the 141st, Watts of the 26th, Skipper of the 137th and others:
A resolution recognizing Honorable Charles W. Yeargin and urging the State Board of Technical and Adult Education to designate the "Charles W. Yeargin Building".
HR 324. By Representatives Walker of the 141st, Royal of the 164th, Scoggins of the 24th, McBee of the 88th and Jamieson of the 22nd:
A resolution creating the Georgia Future Communities Commission.
HR 419. By Representatives Cummings of the 27th, Childers of the 13th and Lewis of the 14th:
A resolution authorizing the conveyance of certain state owned real properties located in Bartow County.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 757. By Representatives Childers of the 13th, Perry of the llth and Smith of the 12th:
A bill to amend Code Section 42-4-70 of the Official Code of Georgia Annotated, relating to definitions regarding deductions from inmate accounts for medical treatment expenses, so as to change the definition of a detention facility for pur poses of liability for such expenses.
HB 285. By Representatives Martin of the 47th, Parham of the 122nd, Chambless of the 163rd, Cox of the 160th, Holmes of the 53rd and others:
A bill to amend Code Section 43-34-103 of the Official Code of Georgia Annotat ed, relating to approval of physicians' assistants, so as to provide for the delega tion of additional duties and functions to physicians' assistants; to provide for construction of said provisions as they relate to liability.
HB 308. By Representative Campbell of the 42nd:
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 pro vide for enhanced criminal penalties for the use of dangerous weapons, machine

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guns, sawed-off rifles, sawed-off shotguns, or firearms equipped with silencers during the commission of certain offenses.
HB 214. By Representatives Stancil of the 16th, Pinholster of the 15th, Lawrence of the 64th, Breedlove of the 85th and Harris of the 17th:
A bill to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding public officers, so as to provide for ter mination requirements for certain state or local employees.
HB 167. By Representatives Pelote of the 149th, Thomas of the 148th, Bordeaux of the 151st and Dixon of the 150th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant in general, so as to provide that land lords shall be required to give a prospective tenant written notice of any previ ous flooding of such property and of the danger of future flooding of such prop erty.
HB 435. By Representatives Dobbs of the 92nd, Barfoot of the 155th and Cox of the 160th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to change the provisions relating to contracting for probation services by counties, municipalities, and the state; to expand the scope of the County Probation Advisory Council to include municipal probation systems; to add two members and provide for the powers and duties of the County and Municipal Probation Advisory Council.
HB 765. By Representatives Martin of the 47th, Childers of the 13th, Skipper of the 137th, Sinkfield of the 57th, Irvin of the 45th and others:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to pro vide that hospital authorities shall have the power to establish and operate health care networks; to arrange for the provision of health care services through such networks.
HB 824. By Representative Watson of the 139th:
A bill to amend Code Section 10-1-410 of the Official Code of Georgia Annotated, relating to definitions applicable to multilevel distribution companies and the sale of business opportunities, so as to change the definition of the term "busi ness opportunity".
HB 365. By Representatives Skipper of the 137th, Walker of the 141st, Godbee of the 145th, O'Neal of the 75th, Coleman of the 80th and others:
A bill to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to provide for the applicability of advanced placement examination fees to students enrolled in private secondary schools.

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HB 236. By Representatives McBee of the 88th, Heard of the 89th, Scoggins of the 24th and Stancil of the 91st:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Western Judicial Circuit.
HB 356. By Representatives Scoggins of the 24th, Dixon of the 168th and McBee of the 88th:
A bill to amend Code Section 36-1-11.1 of the Official Code of Georgia Annotat ed, relating to the expenditure of funds for insurance and employment benefits by county governing authorities, so as to provide for the exclusion of elected county officials, during the term for which elected, from the provision of certain insurance, retirement, and other employment benefits established and funded during such term.
HB 456. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Watson of the 139th, Buckner of the 95th and others:
A bill to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling, so as to change the definition of activi ties which constitute a lottery; to authorize certain raffles.
HB 433. By Representatives Orrock of the 56th, Childers of the 13th, McBee of the 88th, Henson of the 65th, Taylor of the 134th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to enact the "Osteoporosis Prevention and Treatment Education Act"; to provide for a short title; to provide for legislative findings and purpose; to provide for an osteoporosis prevention and treatment education program and the components thereof.
HB 480. By Representatives Snow of the 2nd, Coker of the 31st and Purcell of the 147th:
A bill to amend Code Section 17-5-54, relating to the disposition of personal property in the custody of law enforcement agencies, so as to provide for the advertising and sale in lots of items valued at $30.00 or less.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 417. By Representatives Mosley of the 171st, Walker of the 141st, Byrd of the 170th, Stanley of the 50th and Kinnamon of the 4th:
A resolution creating the Joint Study Committee on School Construction.
HR 437. By Representative Jenkins of the 110th:
A resolution designating Harold G. Clarke Parkway.
HR 438. By Representative Jenkins of the 110th:
A resolution designating Benson Ham Road.
HR 358. By Representatives Twiggs of the 8th and Jamieson of the 22nd:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Rabun County.

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HR 382. By Representatives Orrock of the 56th, Smith of the 174th, Taylor of the 134th, Henson of the 65th, Williams of the 63rd and others:
A resolution designating the month of March, 1995, as "Women's History Month".
The House has passed by the requisite constitutional majority the following bills of the House:
HB 868. By Representatives Irvin of the 45th, Walker of the 141st, Lee of the 94th and Ehrhart of the 36th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to provide that a candidate shall be required to verify in writing the accuracy of each campaign contribution dis closure report as to the names of contributors and the amount each contributed; to provide that the verifying candidate shall be accountable for certain viola tions of the law in connection with the filing of certain erroneous information.
HB 419. By Representatives Smith of the 174th, Watson of the 139th and Williams of the 63rd:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to local excise taxation of rooms and lodgings, so as to change certain expenditure requirements for local governments levying such taxes at a certain rate; to provide that in such cases the amount spent in each fiscal year for pro motion of tourism, conventions, and trade shows shall be at least equal to the amount spent in the most recent fiscal year.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 388. By Representative Holland of the 157th:
A resolution authorizing the conveyance of certain state owned real property located in Worth County.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 354. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to define and provide for the establishment of commu nity development districts; to prescribe the methods by which alcoholic bever ages may be lawfully sold within such districts.
Referred to Committee on Consumer Affairs.
HB 755. By Representatives Royal of the 164th, Skipper of the 137th and Culbreth of the 132nd:
A bill to amend Code Section 48-5-7.5 of the Official Code of Georgia Annotated, relating to assessment and taxation of standing timber, so as to change the millage rate to be used in calculating such tax; to change certain provisions relating to the provision of weighted average prices by the state revenue commissioner to tax assessors.
Referred to Committee on Finance and Public Utilities.

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1163

HB 790. By Representatives Walker of the 141st, Watson of the 139th and Floyd of the 138th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, so as to specify which county shall receive ad valorem taxes from certain real and tangible personal property located on an airport split by a county line under certain conditions.
Referred to Committee on Finance and Public Utilities.
HB 757. By Representatives Childers of the 13th, Perry of the llth and Smith of the 12th:
A bill to amend Code Section 42-4-70 of the Official Code of Georgia Annotated, relating to definitions regarding deductions from inmate accounts for medical treatment expenses, so as to change the definition of a detention facility for pur poses of liability for such expenses.
Referred to Committee on Corrections, Correctional Institutions and Property.
HB 285. By Representatives Martin of the 47th, Parham of the 122nd, Chambless of the 163rd and others:
A bill to amend Code Section 43-34-103 of the Official Code of Georgia Annotat ed, relating to approval of physicians' assistants, so as to provide for the delega tion of additional duties and functions to physicians' assistants; to provide for construction of said provisions as they relate to liability.
Referred to Committee on Health and Human Services.
HB 308. By Representative Campbell of the 42nd:
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 pro vide for enhanced criminal penalties for the use of dangerous weapons, machine guns, sawed-off rifles, sawed-off shotguns, or firearms equipped with silencers during the commission of certain offenses.
Referred to Committee on Public Safety.
HB 214. By Representatives Stancil of the 16th, Pinholster of the 15th, Lawrence of the 64th and others:
A bill to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding public officers, so as to provide for ter mination requirements for certain state or local employees.
Referred to Committee on State and Local Governmental Operations--General.
HB 167. By Representatives Pelote of the 149th, Thomas of the 148th, Bordeaux of the 151st and Dixon of the 150th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant in general, so as to provide that land lords shall be required to give a prospective tenant written notice of any previ ous flooding of such property and of the danger of future flooding of such prop erty.
Referred to Committee on Consumer Affairs.

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HB 435. By Representatives Dobbs of the 92nd, Barfoot of the 155th and Cox of the 160th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to change the provisions relating to contracting for probation services by counties, municipalities, and the state; to expand the scope of the County Probation Advisory Council to include municipal probation systems; to add two members and provide for the powers and duties of the County and Municipal Probation Advisory Council.
Referred to Committee on Corrections, Correctional Institutions and Property.
HB 765. By Representatives Martin of the 47th, Childers of the 13th, Skipper of the 137th and others:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to pro vide that hospital authorities shall have the power to establish and operate health care networks; to arrange for the provision of health care services through such networks.
Referred to Committee on Health and Human Services.
HB 824. By Representative Watson of the 139th:
A bill to amend Code Section 10-1-410 of the Official Code of Georgia Annotated, relating to definitions applicable to multilevel distribution companies and the sale of business opportunities, so as to change the definition of the term "busi ness opportunity".
Referred to Committee on Consumer Affairs.
HB 365. By Representatives Skipper of the 137th, Walker of the 141st, Godbee of the 145th and others:
A bill to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to provide for the applicability of advanced placement examination fees to students enrolled in private secondary schools.
Referred to Committee on Education.
HB 236. By Representatives McBee of the 88th, Heard of the 89th, Scoggins of the 24th and Stancil of the 91st:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Western Judicial Circuit.
Referred to Committee on Judiciary.
HB 356. By Representatives Scoggins of the 24th, Dixon of the 168th and McBee of the 88th:
A bill to amend Code Section 36-1-11.1 of the Official Code of Georgia Annotat ed, relating to the expenditure of funds for insurance and employment benefits by county governing authorities, so as to provide for the exclusion of elected county officials, during the term for which elected, from the provision of certain insurance, retirement, and other employment benefits established and funded during such term.
Referred to Committee on State and Local Governmental Operations--General.

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HB 419. By Representatives Smith of the 174th, Watson of the 139th and Williams of the 63rd:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to local excise taxation of rooms and lodgings, so as to change certain expenditure requirements for local governments levying such taxes at a certain rate; to provide that in such cases the amount spent in each fiscal year for pro motion of tourism, conventions, and trade shows shall be at least equal to the amount spent in the most recent fiscal year.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
HB 456. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and others:
A bill to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling, so as to change the definition of activi ties which constitute a lottery; to authorize certain raffles.
Referred to Committee on Consumer Affairs.
HB 433. By Representatives Orrock of the 56th, Childers of the 13th, McBee of the 88th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to enact the "Osteoporosis Prevention and Treatment Education Act"; or provide for a short title; to provide for legislative findings and purpose; to provide for an osteoporosis prevention and treatment education program and the components thereof.
Referred to Committee on Health and Human Services.
HB 480. By Representatives Snow of the 2nd, Coker of the 31st and Purcell of the 147th:
A bill to amend Code Section 17-5-54, relating to the disposition of personal property in the custody of law enforcement agencies, so as to provide for the advertising and sale in lots of items valued at $30.00 or less.
Referred to Committee on Public Safety.
HB 868. By Representatives Irvin of the 45th, Walker of the 141st, Lee of the 94th and Ehrhart of the 36th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to provide that a candidate shall be required to verify in writing the accuracy of each campaign contribution dis closure report as to the names of contributors and the amount each contributed; to provide that the verifying candidate shall be accountable for certain viola tions of the law in connection with the filing of certain erroneous information.
Referred to Committee on Ethics.
HR 323. By Representative Jamieson of the 22nd:
A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs.
Referred to Committee on State and Local Governmental Operations--General.

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HE 448. By Representatives Bates of the 179th, Royal of the 164th, Murphy of the 18th and others: A resolution honoring Walter E. Cox and designating a portion of Georgia High way 1 and U.S. Highway 27 as the "Walter E. Cox Parkway".
Referred to Committee on Transportation.
HR 497. By Representatives McCall of the 90th, Jamieson of the 22nd and Powell of the 23rd: A resolution recognizing Honorable Charles W. Yeargin and urging the State Board of Technical and Adult Education to designate the "Charles W. Yeargin Building".
Referred to Committee on Higher Education.
HR 324. By Representatives Walker of the 141st, Royal of the 164th, Scoggins of the 24th and others: A resolution creating the Georgia Future Communities Commission.
Referred to Committee on Rules.
HR 419. By Representatives Cummings of the 27th, Childers of the 13th and Lewis of the 14th: A resolution authorizing the conveyance of certain state owned real properties located in Bartow County.
Referred to Committee on Finance and Public Utilities.
HR 388. By Representative Holland of the 157th: A resolution authorizing the conveyance of certain state owned real property located in Worth County.
Referred to Committee on Finance and Public Utilities.
HR 358. By Representatives Twiggs of the 8th and Jamieson of the 22nd: A resolution authorizing the leasing of certain real property owned by the State of Georgia in Rabun County.
Referred to Committee on Finance and Public Utilities.
HR 417. By Representatives Mosley of the 171st, Walker of the 141st, Byrd of the 170th and others: A resolution creating the Joint Study Committee on School Construction.
Referred to Committee on Rules.
HR 437. By Representative Jenkins of the 110th: A resolution designating Harold G. Clarke Parkway.
Referred to Committee on Transportation.
HR 438. By Representative Jenkins of the 110th: A resolution designating Benson Ham Road.
Referred to Committee on Transportation.

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1167

HR 382. By Representatives Orrock of the 56th, Smith of the 174th, Taylor of the 134th and others:
A resolution designating the month of March, 1995, as "Women's History Month".
Referred to Committee on Rules.
Senator Perdue of the 18th moved that the Senate stand in recess until 9:00 P.M. and at that time adjourn until 10:00 A.M. tomorrow; the President announced that the motion prevailed at 6:45 P.M.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, March 8, 1995
Thirty-fourth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Ray of the 19th, President Pro Tempore.
Senator Marable of the 52nd 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 Jour nal 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 780. By Representative Burkhalter of the 41st:
A bill to increase the homestead exemptions from Fulton County ad valorem taxes for county purposes for certain persons who are disabled or 65 years of age or over and provide for conditions and procedures relating thereto.
HB 810. By Representatives Campbell of the 42nd, Trense of the 44th and Burkhalter of the 41st:
A bill to provide a homestead exemption from all City of Roswell ad valorem taxes for any city purposes, but not including taxes to retire bonded indebted ness in the amount of $20,000.00 of the assessed value of the homestead for residents of the City of Roswell who are 65 years of age or older.
HB 823. By Representatives Williams of the 63rd, Jones of the 71st, O'Neal of the 75th, Polak of the 67th, Baker of the 70th and others:
A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judi cial Circuit, so as to increase the amount of such supplement.
HB 902. By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act changing the method of electing members of the Board of Education of Putnam County, so as to change the compensation of such mem bers.
HB 903. By Representatives Pelote of the 149th, Thomas of the 148th, Bordeaux of the 151st, Dixon of the 150th and Mueller of the 152nd:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to provide that the chief magistrate of Chatham County shall appoint any part time magis trates.

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1169

HB 904. By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A bill to provide a homestead exemption from certain Henry County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or

HB 905. By Representative Banner of the 159th:
A bill to abolish the elected office of treasurer of Webster County; to authorize the Board of Commissioners of Webster County to designate an employee of the county or some other person or entity to perform the duties of treasurer and prescribe the powers and duties of such person or entity.
HB 906. By Representative Crawford of the 129th:
A bill to amend an Act creating a board of commissioners of roads and revenues for Upson County, so as to provide for the appointment of a county administra tor.
HB 908. By Representatives Ray of the 128th and James of the 140th:
A bill to provide a homestead exemption from Peach County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the as sessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 65 years of age or over or disabled.
HB 909. By Representative Hanner of the 159th:
A bill to amend an Act providing a new charter for the City of Dawson, so as to change the penalty for contempt in the municipal court.
HB 913. By Representatives Lee of the 94th, Buckner of the 95th and Bailey of the 93rd:
A bill to amend an Act establishing a new charter for the City of Forest Park, so as to authorize the City of Forest Park to have and to exercise any and all rede velopment and other powers authorized or granted to municipalities pursuant to Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelop ment Powers Laws," as now or hereafter amended, and to provide for certain such powers.
HB 914. By Representatives Bordeaux of the 151st, Pelote of the 149th, Thomas of the 148th, Day of the 153rd, Mueller of the 152nd and others:
A bill to create the Georgia International and Maritime Trade Center Authority and to authorize such authority to acquire, construct, equip, maintain, and oper ate 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.
HB 917. By Representatives Floyd of the 138th, Walker of the 141st and James of the 140th:
A bill to amend an Act creating a board of commissioners of Dooly County, so as to change the provisions relative to the compensation of the chairperson and other members of said board of commissioners.

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JOURNAL OF THE SENATE

HB 918. By Representative Purcell of the 9th:
A bill to amend an Act creating a new charter for the City of Cleveland, so as to provide for a city administrator.
HB 919. By Representatives Sauder of the 29th, Coker of the 31st, Shipp of the 38th, Woods of the 32nd, Parsons of the 40th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges of Division 1 and the associate judges of Division 2 of the State Court of Cobb County.
HB 922. By Representatives Coker of the 31st, Sauder of the 29th, Shipp of the 38th, Wiles of the 34th, Parsons of the 40th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court.
HB 923. By Representatives Coker of the 31st, Sauder of the 29th, Shipp of the 38th, Wiles of the 34th, Parsons of the 40th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.
HB 932. By Representatives Lucas of the 124th, Randall of the 127th, Ray of the 128th and Reichert of the 126th:
A bill to amend an Act known as the "Macon-Bibb County Transit Authority Act of 1980," so as to revise the composition of the board of the authority.
HB 933. By Representative Smith of the 175th:
A bill to amend an Act creating the Board of Commissioners of Camden County, so as to repeal provisions relating to the clerk; to change the provisions relating to the chairman and chairman pro tempore and their right to vote on matters before the board.
SB 391. By Senators Land of the 16th and Langford of the 29th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Harris County and the judge of the Magistrate Court of Harris County; to provide for terms of office.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 254. By Senators Slotin of the 39th, Thomas of the 10th, Oliver of the 42nd, Henson of the 55th and Scott of the 36th:
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," as amended, so as to reduce the minimum acreage required for a residential zone within 1,000 feet of a MARTA station from 2.5 to one; to reduce the minimum acreage re quirement from eight to five for a mixed-use commercial and residential zone.

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1171

The following bills and resolutions of the Senate were introduced, read the first time and referred to Committees:
SB 467. By Senator Middleton of the 50th:
A bill to amend an Act creating the Habersham County Water and Sewerage Authority so as to change the membership of the Authority; to change the number for a quorum on the authority.
Referred to Committee on State and Local Governmental Operations.
SB 468. By Senator Boshears of the 6th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Pierce County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act.
Referred to Committee on State and Local Governmental Operations.
SB 469. By Senator Boshears of the 6th:
A bill to amend an Act providing for the composition and selection of the board of education of Pierce County, as amended, so as to provide for the nonpartisan nomination and election of the members of such board.
Referred to Committee on State and Local Governmental Operations.
SB 470. 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 Pierce County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act.
Referred to Committee on State and Local Governmental Operations.
SB 471. By Senator Boshears of the 6th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Brantley County and the chief magistrate of Brantley County; to provide for terms of office.
Referred to Committee on State and Local Governmental Operations.
SB 472. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to create the Rockdale County Water and Sewerage Authority; to author ize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply, small watershed projects, works of improvements for watersheds, projects for watershed protec tion and flood control and prevention, recreational facilities developed in connec tion therewith, the distribution and sale of water and related facilities to indi viduals, private concerns, municipal corporations, and the State of Georgia and its political subdivisions and instrumentalities thereof.
Referred to Committee on State and Local Governmental Operations.

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JOURNAL OF THE SENATE

SB 473. By Senators Day of the 48th and Cagle of the 49th:
A bill to provide a homestead exemption from Forsyth County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over; to provide for a threeyear phase in period for such exemption; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto.
Referred to Committee on State and Local Governmental Operations.
SR 297. By Senators Kemp of the 3rd, Boshears of the 6th, Madden of the 47th and others:
A resolution creating the Senate Study Committee on Motor Vehicle Title Pawn Loans.
Referred to Committee on Rules.
SR 298. By Senator Henson of the 55th:
A resolution supporting House Resolution 20, which urges the General Assembly to regulate telephone solicitation sales, as passed by the Silver-Haired Legislature of Georgia.
Referred to Committee on Rules.
SR 299. By Senators Cagle of the 49th and Edge of the 28th:
A resolution relating to and affecting America's governments, organizations, and citizens.
Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committee:
HB 780. By Representative Burkhalter of the 41st:
A bill to increase the homestead exemptions from Fulton County ad valorem taxes for county purposes for certain persons who are disabled or 65 years of age or over and provide for conditions and procedures relating thereto.
Referred to Committee on State and Local Governmental Operations.
HB 810. By Representatives Campbell of the 42nd, Trense of the 44th and Burkhalter of the 41st:
A bill to provide a homestead exemption from all City of Roswell ad valorem taxes for any city purposes, but not including taxes to retire bonded indebted ness in the amount of $20,000.00 of the assessed value of the homestead for residents of the City of Roswell who are 65 years of age or older.
Referred to Committee on State and Local Governmental Operations.
HB 823. By Representatives Williams of the 63rd, Jones of the 71st, OTMeal of the 75th and others:
A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judi cial Circuit, so as to increase the amount of such supplement.
Referred to Committee on State and Local Governmental Operations.

WEDNESDAY, MARCH 8, 1995

1173

HB 902. By Representative Channell of the lllth:
A bill to amend an Act changing the method of electing members of the Board of Education of Putnam County, so as to change the compensation of such mem bers.
Referred to Committee on State and Local Governmental Operations.
HB 903. By Representatives Pelote of the 149th, Thomas of the 148th, Bordeaux of the 151st and others:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to provide that the chief magistrate of Chatham County shall appoint any part time magis trates.
Referred to Committee on State and Local Governmental Operations.
HB 904. By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A bill to provide a homestead exemption from certain Henry County ad valorem taxes for county purposes in the amount of $15,000.00 of the addressed value of the homestead for certain residents of that county who are 65 years of age or over.
Referred to Committee on State and Local Governmental Operations.
HB 905. By Representative Hanner of the 159th:
A bill to abolish the elected office of treasurer of Webster County; to authorize the Board of Commissioners of Webster County to designate an employee of the county or some other person or entity to perform the duties of treasurer and prescribe the powers and duties of such person or entity.
Referred to Committee on State and Local Governmental Operations.
HB 906. By Representative Crawford of the 129th:
A bill to amend an Act creating a board of commissioners of roads and revenues for Upson County, so as to provide for the appointment of a county administra tor.
Referred to Committee on State and Local Governmental Operations.
HB 908. By Representatives Ray of the 128th and James of the 140th:
A bill to provide & homestead exemption from Peach County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the as sessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 65 years of age or over or disabled.
Referred to Committee on State and Local Governmental Operations.
HB 909. By Representative Hanner of the 159th:
A bill to amend an Act providing a new charter for the City of Dawson, so as to change the penalty for contempt in the municipal court.
Referred to Committee on State and Local Governmental Operations.

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JOURNAL OF THE SENATE

HB 913. By Representatives Lee of the 94th, Buckner of the 95th and Bailey of the 93rd:
A bill to amend an Act establishing a new charter for the City of Forest Park, so as to authorize the City of Forest Park to have and to exercise any and all rede velopment and other powers authorized or granted to municipalities pursuant to Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelop ment Powers Laws," as now or hereafter amended, and to provide for certain such powers.
Referred to Committee on State and Local Governmental Operations.
HB 914. By Representatives Bordeaux of the 151st, Pelote of the 149th, Thomas of the 148th and others:
A bill to create the Georgia International and Maritime Trade Center Authority and to authorize such authority to acquire, construct, equip, maintain, and oper ate 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.
Referred to Committee on State and Local Governmental Operations.
HB 917. By Representatives Floyd of the 138th, Walker of the 141st and James of the 140th:
A bill to amend an Act creating a board of commissioners of Dooly County, so as to change the provisions relative to the compensation of the chairperson and other members of said board of commissioners.
Referred to Committee on State and Local Governmental Operations.
HB 918. By Representative Purcell of the 9th:
A bill to amend an Act creating a new charter for the City of Cleveland, so as to provide for a city administrator.
Referred to Committee on State and Local Governmental Operations.
HB 919. By Representatives Sauder of the 29th, Coker of the 31st, Shipp of the 38th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges of Division I and the associate judges of Division 2 of the State Court of Cobb County.
Referred to Committee on State and Local Governmental Operations.
HB 922. By Representatives Coker of the 31st, Sauder of the 29th, Shipp of the 38th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court.
Referred to Committee on State and Local Governmental Operations.

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1175

HB 923. By Representatives Coker of the 31st, Sauder of the 29th, Shipp of the 38th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.
Referred to Committee on State and Local Governmental Operations.
HB 932. By Representatives Lucas of the 124th, Randall of the 127th, Ray of the 128th and Reichert of the 126th:
A bill to amend an Act known as the "Macon-Bibb County Transit Authority Act of 1980," so as to revise the composition of the board of the authority.
Referred to Committee on State and Local Governmental Operations.
HB 933. By Representative Smith of the 175th:
A bill to amend an Act creating the Board of Commissioners of Camden County, so as to repeal provisions relating to the clerk; to change the provisions relating to the chairman and chairman pro tempore and their right to vote on matters before the board.
Referred to Committee on State and Local Governmental Operations.
The following reports of standing committees were read by the Secretary:
Mr. President: The Committee on Finance and Public Utilities has had under consideration the fol
lowing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 336. Do pass by substitute.
Respectfully submitted, Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation 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 419. Do pass.

HB 848. Do pass.

HB 811. Do pass.

HB 854. Do pass.

HB 814. Do pass.

HB 856. Do pass.

HB 821. Do pass.

HB 858. Do pass.

HB 827. Do pass.

HB 799. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

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Mr. President:
The Committee on Transportation has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 185. Do pass as amended.
Respectfully submitted,
Senator Thompson of the 33rd District, Chairman

The following bills and resolutions were read the second time:

SR 277 HB 328

SR 281 HB 344

HB 116 HB 440

HB 129 HR 231

HB 202 HR 291

HB 233

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

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Isakson James Johnson of 2nd Johnson of 1st Land Langford

Madden Marable McGuire Middleton Newbill Pollard Ragan Ralston Slotin Stokes Taylor Thomas Turner Tysinger

Those not answering were Senators:

Abernathy Hill Hooks Kemp

Oliver Perdue Ray (presiding) Scott

Starr Tanksley Thompson Walker

The President Pro Tempore led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Ray of the 19th introduced Joy Hill, daughter of the Sergeant at Arms, Mat thew Hill, who sang an inspirational song.
Senator Cagle of the 49th introduced the chaplain of the day, Reverend James Yopp, pastor of Westside Baptist Church, Gainesville, Georgia, who offered scripture reading and prayer.

WEDNESDAY, MARCH 8, 1995

1177

The following communication was filed with the Secretary:
The State Senate Atlanta, Georgia 30334
March 8, 1995
Mr. Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, GA 30334
Dear Frank:
At the time of roll call today I was detained in a meeting in the Lt. Governor's office. This is a request that I be counted present.
Thank you.
Sincerely,
/s/ Terrell Starr
Senator Henson of the 55th introduced Barbara Miller, principal of Pine Ridge Ele mentary School, commended by SR 258, adopted previously, who addressed the Senate briefly.
Senator Broun of the 46th introduced Nancy Panoz, Vice President of Chateau Elan Winery, commended by SR 220, adopted previously, who addressed the Senate briefly.
Senator Cagle of the 49th introduced the doctor of the day, Dr. Rodney Smith of Gainesville, Georgia.
The President assumed the Chair.
The following resolutions were read and adopted:
SR 296. By Senator Ralston of the 51st:
A resolution expressing sympathy at the passing of Mary Ann (Mollie) Daven port.

SR 300. By Senators Burton of the 5th and Tysinger of the 41st: A resolution expressing regret at the passing of Mr. Hal Suit.

SR 301. By Senators Burton of the 5th and Tysinger of the 41st: A resolution commending Ray Moore.

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The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Wednesday, March 8, 1995
THIRTY-FOURTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 419 Edge, 28th Langford, 29th GRIFFIN-SPALDING COUNTY
An Act to create and establish the Griffin-Spalding County Charter and Unifica tion Commission.
HB 811 Hooks, 14th TAYLOR COUNTY
An Act to create and establish the Taylor County Building Authority.
HB 814 Hooks, 14th TAYLOR COUNTY
An Act to create the Taylor County Water and Sewerage Authority.
HB 848 Langford, 29th PIKE COUNTY
Amend an Act creating a board of commissioners of roads and revenues for the County of Pike.
HB 854 Pollard, 24th WILKES COUNTY
Amend an Act to change the definition of the term "project" to include the acqui sition of land for the construction and operation of utility systems and for trans portation purposes.
HB 856 Pollard, 24th TOWN OF TIGNALL
Amend an Act granting a new charter to the Town of Tignall so as to change the punishment for misdemeanor offenses.
HB 858 Crotts, 17th Guhl, 45th ROCKDALE COUNTY
Amend an Act so as to provide for the advertising of bids for certain county expenditures.

WEDNESDAY, MARCH 8, 1995

1179

HB 799 Oliver, 42nd James, 35th Thomas, 10th Slotin, 39th Henson, 55th Scott, 36th FULTON COUNTY

Amend an Act to change the membership and number of members of the library board of trustees.

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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean

Edge Farrow Glanton Gochenour Griffin Guhl Harbison Henson Hooks James Johnson of 2nd Johnson of 1st Land Langford

Madden Marable McGuire Middleton Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Thompson Turner

Voting in the negative were Senators Egan and Newbill.

Those not voting were Senators:

Abernathy Gillis Hill Isakson

Kemp Oliver Perdue Tanksley

Taylor Thomas Tysinger Walker

On the passage of all the local bills, the yeas were 42, nays 2. All the bills on the Senate Local Consent Calendar, having received the requisite con stitutional majority, were passed.
SENATE RULES CALENDAR
Wednesday, March 8, 1995 THIRTY-FOURTH LEGISLATIVE DAY

HB 594 Poultry Capital of the World; designate Georgia (Ag--llth) Reaves--178th
HB 375 Insurance premium finance agreement; renewed or extended (I&L--19th) Wil liams--114th
HB 330 Insurance; nonrecording/nonlicensing and vendor's single interest (I&L--19th) Williams--114th

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HB 684 Sales tax; exempt certain sales by parent-teacher organizations (F&PU--44th) Trense--44th
HB 455 Peace officers; define; include certain county probation officers (Pub Saf--54th) Coker--31st
HB 327 Retirement systems; computation of contributions; IRS amount (Ret--5th) Cummings--27th
HB 297 Employer immunity for disclosure of job performance; include banks (Substi tute) (B&FI--37th) Campbell--42nd
HB 62 General Assembly; expense allowance (Substitute) (Approp--18th) Walker-- 141st
HB 640 Municipal Employees Benefit System; contributions (Ret--34th) Stallings-- 100th
HB 571 Motor vehicle registration and licensing; certain trailers (Trans--23rd) Greene--158th
HB 462 Income tax on federal pensions; agreement with federal office (Amendment) (F&PU--18th) Watson--139th
HB 510 Motor fuel tax; exempt certain dyed fuel oils (F&PU--44th) Skipper--137th
HB 100 Funeral directors and embalmers; licensing; continuing education (H&HS-- 25th) Childers--13th
HB 379 Motor vehicles; staggered registration (Substitute) (Trans--33rd) Powell--23rd
SR 232 Veterans Day--urge Board of Education designate school holiday (Ed--5th)
SR 117 Senate Study Committee on Privatization of State Government Services--cre ate (Rules--51st)
SR 196 Senate Task Force on Violence in the Media--create (Amendment) (Rules-- 43rd)
SR 266 Secretary of Defense--urge not change Ft. Stewart 24th Infantry designation (D&VA--1st) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:
HB 594. 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 state symbols, so as to designate Georgia as the Poultry Capital of the World. Senate Sponsor: Senator Ragan of the llth.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, MARCH 8, 1995

1181

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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Glanton

Johnson of 1st Tanksley

Taylor Walker

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

HB 375. By Representatives Williams of the 114th and Culbreth of the 132nd:
A bill to amend Chapter 22 of Title 33 of the Official Code of Georgia Annotated, known as the "Insurance Premium Finance Company Act," so as to allow a re newed or extended policy to be financed with the same insurance premium fi nance company without the execution of a new premium finance agreement; to provide for an addendum to a premium finance agreement to be mailed or deliv ered to the insured.
Senate Sponsor: Senator Ray of the 19th.

Senator Ray of the 19th offered the following amendment:
Amend HB 375 by adding on line 16 of page 1 after the semicolon and before the word "to" the following:
"to provide for applicability;".
By adding on line 11 of page 4 after the word "business" and before the period the following:
**; provided, however, this subsection shall not apply to insurer direct bill programs not required to be filed in accordance with this chapter".
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Balfour Black

Blitch Boshears

Bowen Broun of 46th

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Brown of 26th Burton
Cagle Cheeks Clay Crotts
Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl

Harbison Henson
Hill Hooks Isakson James
Johnson of 2nd Johnson of 1st Kemp Land Langford Marable McGuire Middleton

Newbill Oliver
Perdue Pollard Ralston Ray
Scott Slotin Starr Stokes Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Day Madden

Ragan Tanksley

Taylor Tysinger

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Johnson of the 1st introduced Kirby and Lynda Beam, National Outstanding Tree Farmers of the Year, commended by SR 259, adopted previously. The Calendar was resumed.

HB 330. By Representative Williams of the 114th and Culbreth of the 132nd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide definitions for certain types of credit insurance known as nonrecording or nonlicensing insurance and vendors' single interest insurance; to provide for the maximum premium charge for nonrecording or nonfiling insurance.
Senate Sponsor: Senator Ray of the 19th.

Senator Ray of the 19th offered the following amendment: Amend HB 330 by inserting on line 13 on page 1, immediately following the word and symbol "foregoing;", the following:
"to provide an effective date;".
By striking the word "includes" on line 24 on page 2 and inserting in lieu thereof the words "may include".
By striking lines 8 and 9 on page 4 and inserting in lieu thereof the following:
"This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed." On the adoption of the 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.

WEDNESDAY, MARCH 8, 1995

1183

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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Marable McGuire

Middleton Newbill Oliver Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Griffin

Madden Perdue

Tanksley 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.

HB 455. By Representative Coker of the 31st:

A bill to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Peace Officer Standards and Training Act," so as to include certain employees of county probation systems within the definition of the term "peace officer".
Senate Sponsor: Senator Farrow of the 54th.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp

Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr

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Stokes Taylor

Thompson Turner

Tysinger Walker

Not voting were Senators Tanksley and Thomas.

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

HB 327. By Representative Cummings of the 27th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the maximum amount of compen sation used in computing employee contributions to and benefits due from any public retirement or pension system shall be that established by the federal In ternal Revenue Code.
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

January 11, 1995

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

SUBJECT: State Auditor's Certification House Bill 327 (LC 21 3004)

Dear Chairman Cummings:

This bill would provide that the maximum salary used to calculate employee and em ployer contributions to, and benefits due from, any public retirement or pension system shall be the maximum compensation allowed in Section 401(a)(17) of the Internal Revenue Code provided that the maximum compensation used for such computations for eligible employees shall be the maximum amount allowed by the respective retirement or pension system.
This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.
Sincerely,
Isl 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 Black Blitch

Boshears Bowen Broun of 46th Brown of 26th

Burton Cheeks Clay Crotts

WEDNESDAY, MARCH 8, 1995

1185

Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson

Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Newbill Oliver Perdue Pollard Ragan Scott Slotin Starr Stokes Thompson Turner Tysinger

Those not voting were Senators:

Cagle Middleton Ralston

Ray Tanksley Taylor

Thomas Walker

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

HB 297. By Representative Campbell of the 42nd:
A bill to amend Code Section 34-1-4 of the Official Code of Georgia Annotated, relating to employer immunity for disclosure of information regarding job per formance, so as to include banks and employees of banks within the provisions of said Code section.
Senator Sponsor: Senator Clay of the 37th.

The Senate Committee on Banking and Financial Institutions offered the following substitute to HB 297:
A BILL
To be entitled an Act to amend Code Section 34-1-4 of the Official Code of Georgia Anno tated, relating to employer immunity for disclosure of information regarding job perform ance, so as to include banks, licensed home care providers, home health agencies, savings and loan associations, and credit unions and their employees within the provisions of said Code section; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 34-1-4 of the Official Code of Georgia Annotated, relating to employer immu nity for disclosure of information regarding job performance, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 34-1-4 to read as follows:
"34-1-4.
(a) As used in this Code section, the term:
(1) 'Employee' means any person who is employed by a bank, a licensed home care provider, a home health agency, a savings and loan association, credit union, a hospi tal, health care institution, school, day care center, or other child care institution.
(2) 'Employer' means a bank, a licensed home care provider, a home health agency, sayings and loan association, credit union, a hospital, health care institution, school, public health facility, day care center, or other child care center.

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(b) An employer as defined in subsection (a) of this Code section or any person employed by an employer who discloses information concerning an employee's or former employee's job performance, any act committed by such employee which would constitute a violation of the laws of this state if such act occurred in this state, or ability or lack of ability to carry out the duties of such job to a prospective employer of such employee or former employee upon request of the prospective employer or of the person seeking employment is presumed to be acting in good faith unless lack of good faith is shown by a preponder ance of the evidence, unless the information was disclosed in violation of a nondisclosure agreement or the information disclosed was otherwise considered confidential according
to applicable federal, state, or local statute, rule, or regulation."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Cagle Ray

Tanksley

Thomas

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 62. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and others:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain public officials, so as to change the amount of the daily expense allowance of members of the General Assembly.
Senate Sponsor: Senator Perdue of the 18th.

WEDNESDAY, MARCH 8, 1995

1187

The Senate Committee on Appropriations offered the following substitute to HB 62:
A BILL
To be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to compensation of certain public officials, so a to change provisions relating to expense reimbursement and expense allowances for members of the General Assembly; to provide for the amounts and manner of such allowances and reimbursements; to provide for items for which such reimbursements and allowances may be paid; to authorize the increasing of certain amounts in future appropriations Acts; to provide that amounts not claimed shall lapse and shall be remitted to the general fund of the state treasury; to pro vide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain public officials, is amended by striking the fourth undesignated subparagraph of paragraph (22) of subsection (a) and inserting in its place a new undesignated subpara graph to read as follows:
"In addition to any other compensation and allowances authorized for members of the General Assembly, each member shall be reimbursed for actual expenses incurred in the performance of duties within the state as a member of the General Assembly in an amount not to exceed $4,800.00 per year. For the purposes of this paragraph, a year shall begin on the convening date of the General Assembly in regular session each year and end on the day prior to the convening of the General Assembly in the next calendar year. Expenses reimbursable up to such amount shall be limited to one or more of the following purposes: per diem dUTei'eniial, lodging, meals, office equipment, postage, personal serv ices, printing and publications, rents, supplies, telecommunications, transportation, and utilities. No reimbursement shall be made for any postage which is used for a political newsletter. Per diem differential shall be the difference between the daily expense allow-
cfcilCc: iuLliOl'iZciu 101' ilit^iliDz'S Ot tlic \jrcilcial Aoaciilulj ailu Llic Ic^ucl'al ^^1' UICJLU incite ux
bflbct for the state capital as specified \iy the Gh-jiigial Oyi vices Administration. Such ex penses shall be reimbursed upon the submission of sworn vouchers to the legislative fis cal office. Such sworn vouchers shall be accompanied by a supporting document or documents showing payment for each expense claimed or an explanation of the absence of such documentation. No supporting document or documents shall be required for the per diem differential. Any voucher for any expense incurred in any year as defined in this paragraph shall be submitted no later than the fifteenth of April immediately following the end of such year. No reimbursement shall be made on any voucher submitted after that date. Any amounts remaining in such expense account which are not claimed by April 15 and any amounts claimed which are returned as hereafter provided for in this paragraph shall lapse and shall be remitted by the legislative fiscal office to the general fund of the state treasury. No reimbursement shall be paid tor lodging or meals for any day for which a member receives the daily expense allowance as provided in this para graph (22). Any equipment for which reimbursement was paid may be disposed of in any manner by the member when such equipment has been fully depreciated. Any former member of the General Assembly may be reimbursed for expenses incurred while a mem ber of the General Assembly upon compliance with the provisions of this paragraph. The Legislative Services Committee is empowered to provide such procedures as it deems advisable to administer the provisions of this paragraph (22), including, but not limited to, definitions of the above list of items for which reimbursement may be made, and the form of the voucher which must be submitted to the legislative fiscal office, and the deter mination of depreciation of equipment. In the event of any disagreement as to whether any reimbursement shall be made or any allowance shall be paid, the Legislative Serv ices Committee shall make the final determination. In the event any reimbursement is

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made or any allowance is paid and it is later determined that such reimbursement or payment was made in error, the person to whom such reimbursement or payment was made shall remit to the legislative fiscal office the amount of money involved. In the event any such person refuses to make such remittance, the legislative fiscal office is authorized to withhold the payment of any other moneys to which such person is entitled until the amount of such reimbursement or payment which was made in error shall be realized. In addition to reimbursement for actual expenses incurred, as provided above, each member shall upon his or her claim be entitled to receive an allowance of per diem differential for up to 50 days per year for which the member received the daily expense allowance. The amount of per diem differential which may be claimed tor each such day shall be the difference between the daily expense allowance authorized for members of the General Assembly and the federal per diem rate in effect for the state capital on January 1,1995, as specified by the General Services Administration; provided, however, that the amount of per diem differential.may be changed prospectively in any appropria tions Act, but not above the difference between the amount of the daily expense allow ance then in effect and the federal per diem rate then in effect for the state capital as specified by the General Services Administration. Per diem differential shall be paid by the legislative fiscal office to the member upon the member's notification to the legisla tive fiscal office of the days for which the daily expense allowance was received for which the member wishes to claim the per diem differential, and the legislative fiscal office shall keep a record of the days for which per diem differential is so claimed and paid."

SECTION 2.

This Act shall become effective on the convening date of the 1996 regular session of the General Assembly.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 41, nays 0; and the substitute was adopted.
Senator Slotin of the 39th moved that HB 62 be placed on the Table.
On the motion, the yeas were 1, nays 43; and the motion was lost.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Griffin Guhl Harbison
Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard
Ragan Ralston Ray Scott Starr Stokes Taylor Thomas Thompson Turner

WEDNESDAY, MARCH 8, 1995

1189

Tysinger Walker
Voting in the negative were Senators Cagle and Slotin.
Not voting were Senators Johnson of 2nd and Tanksley.
On the passage of the bill, the yeas were 52, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute.
HB 640. By Representatives Stallings of the 100th, Mobley of the 86th and DeLoach of the 172nd:
A bill to amend Article 3 of Chapter 5 of Title 47 of the Official Code of Georgia Annotated, relating to retirement plans under the Georgia Municipal Employ ees Benefit System, so as to provide a limitation on employee contributions. Senate Sponsor: Senator Glanton of the 34th.

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 30, 1995

The Honorable Tracy Stallings State Representative Legislative Office Building, Room 507C Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification House Bill 640 (LC 21 3158) Georgia Municipal Employees Benefit System

Dear Representative Stallings:

This bill would provide that Georgia Municipal Employees Benefit System members' contribution to the retirement system shall not exceed 50 percent of the value of such mem bers employee benefit payable from the plan at the earlier of termination of employment or commencement of benefits.
This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.
Sincerely,
/s/ Claude L. Vickers State Auditor

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch

Boshears Bowen Broun of 46th Brown of 26th

Burton Cagle Cheeks Clay

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JOURNAL OF THE SENATE

Crotts
Day Dean Edge Egan Farrow Gillis
Glanton Gochenour Griffin Guhl Harbison Henson Hill

Hooks
Isakson James Johnson of 1st Kemp Land Langford
Madden Marable McGuire Middleton Newbill Oliver Perdue

Pollard
Ragan Ralston Ray Scott Slotin Starr
Stokes Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Johnson of 2nd and Tanksley.

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

HB 571. By Representatives Greene of the 158th, Bostick of the 165th and Powell of the 23rd:

A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, and to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, so as to provide for the issu ance, at the option of the owner, of permanent license plates for trailers used as or in connection with a motor vehicle, truck, or tractor used as a private carrier or a motor carrier of property.
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 Black Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 1st Kemp Land Langford Madden Marable

McGuire Newbill Oliver Perdue Pollard Ragan Ralston
Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner

Those not voting were Senators:

Balfour Bowen

Isakson Johnson of 2nd

Middleton Tanksley

WEDNESDAY, MARCH 8, 1995

1191

Tysinger Walker
On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. The President announced that the Senate would stand in recess from 12:00 P.M. until 1:30 P.M. The President called the Senate to order at 1:30 P.M. The Calendar was resumed.

HB 462. By Representatives Watson of the 139th, Walker of the 141st, Skipper of the 137th and others:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to require the state revenue commissioner to enter into a federal agreement with respect to with holding of state income taxes on benefits paid to certain annuitants.
Senate Sponsor: Senator Perdue of the 18th.

The Senate Committee on Finance and Public Utilities offered the following amendment:
Amend HB 462 by striking "1995" and inserting in its place "1996" on line 16 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 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 Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Starr Stokes Taylor Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Brown of 26th Day

Johnson of 2nd Scott Slotin

Tanksley Thomas Walker

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

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HB 510. By Representative Skipper of the 137th, Manner of the 159th, Floyd of the 138th and others:

A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel taxes, so as to provide for a tax exemption with respect to certain dyed fuel oils; to change licensing requirements in connection therewith.
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:

Balfour Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Brown of 26th

Johnson of 2nd Tanksley

Thomas

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

HB 100. By Representative Childers of the 13th:
A bill to amend Part 3 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for funeral directors and embalmers, so as to provide for continuing education requirements for those licenses.
Senate Sponsor: Senator Griffin of the 25th.

Senator Griffin of the 25th offered the following amendment to HB 100:
Page 1, line 16, change "16 hours" to "10 hours".
Page 2, line 10, change "16 hours" to "10 hours".
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.

WEDNESDAY, MARCH 8, 1995

1193

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Burton Cheeks Clay Crotts
Day Dean
Edge Egan Farrow
Gillis Glanton

Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st
Kemp Land
Langford Madden Marable
McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin
Starr Stokes
Taylor Thompson Turner
Tysinger Walker

Those voting in the negative were Senators:

Black

Cagle

Gochenour

Those not voting were Senators:

Abernathy Brown of 26th

Johnson of 2nd Tanksley

Thomas

On the passage of the bill, the yeas were 48, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Crotts of the 17th moved that Senator Guhl of the 45th be excused from the Senate in order to attend a House committee meeting.
On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Guhl of the 45th was excused from the Senate.

Senator Newbill of the 56th moved that she be excused from 2:00 P.M. on, in order to attend a House committee meeting.
On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Newbill of the 56th was excused from the Senate.

Senator Oliver of the 42nd moved that she be excused from 2:00 P.M. on, in order to attend a House committee meeting.
On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Oliver of the 42nd was excused from the Senate.

Senator Harbison of the 15th moved that he be excused from 2:00 P.M. on, in order to attend a House committee meeting.
On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Harbison of the 15th was excused from the Senate.

Senator Scott of the 36th moved that he be excused from 2:00 P.M. on, in order to attend a House committee meeting.
On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Scott of the 36th was excused from the Senate.

Senator Hill of the 4th moved that he be excused from 2:00 P.M. on, in order to attend a House committee meeting.

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On the motion, the yeas were 36, nays 1; the motion prevailed, and Senator Hill of the 4th was excused from the Senate.
The Calendar was resumed.
HB 379. By Representatives Powell of the 23rd, Parham of the 122nd, Bostick of the 165th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for op tional staggered motor vehicle registration over either a four-month or a 12 month period; to change certain licensing and registration deadlines.
Senate Sponsor: Senator Thompson of the 33rd.
The Senate Transportation Committee offered the following substitute to HB 379:
A BILL
To be entitled as Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for staggered motor vehicle registration over a 12 month period; to provide for four-month registration by local Act; to change certain licensing and registration deadlines; to provide for penalties for late registrations; to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, so as to change certain provisions relative to filing an application for a certificate of title; to change certain provisions relative to perfec tion of a dealer's security interest in a motor vehicle; to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to change the method of evaluation of motor vehicles for ad valorem tax purposes; to change the time at which ad valorem taxes on motor vehicles become due and payable; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, so as to change the expiration date for obtaining license plates; to provide for related matters; to provide for an effective date; to provide for the repeal of certain local laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-8, relating to the operation of unregistered vehicles, in its entirety and inserting in lieu thereof the following:
"40-2-8.
(a) Any person owning or operating any vehicle described in Code Section 40-2-20 on any public highway or street after May 1 of each year without complying with that Code section shall be guilty of a misdemeanor, provided that a person shall register his or her motor vehicle within 30 days after becoming a resident of this state. Any person renting, leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street after Ma.y 1 of each year without complying with that Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be a separate and distinct offense.
(b) Any vehicle operated in the State of Georgia after May 1 of any year which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal decals affixed to the upper right hand uui iiei1 a cor ner or corners of the license plate as designated by the commissioner, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the

WEDNESDAY, MARCH 8, 1995

1195

State of Georgia without a valid numbered license plate properly validated; provided, however, that the purchaser of a new vehicle or a vehicle which does not have a current and valid registration or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the 21 day period within which the purchaser is required by Code Section 40-2-20 to register or transfer the registration of such vehicle and provided, further, that the purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration or transfer of registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehi cle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties.
(c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle re quired to be registered in the State of Georgia without a valid county decal designating the county where the vehicle was last registered. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subse quent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate."
SECTION 2.
Said chapter is further amended by striking subsection (a) of Code Section 40-2-20, relating to registration and licensing requirements, in its entirety and inserting in lieu thereof the following:
"(a)(l) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, on or before May 1 except as provided in paragraph (3) of this subsection, during the owner's registration period in each yearrfaefore upeiating such mutui vehicle ui trailer, register such vehicle as provided in this chapter, ami obtain a license to operate it for the ensu ing year 12 month period until such person's next registration period, and return such vehicle foTtaxation and remit the ad valorem taxes due on such vehicle. The purchaser of every new motor vehicle or other motor vehicle which does not have a current and valid Georgia registration, including tractors and motorcycles, or trailer shall, within 21 days of the date of purchase of such vehicle, register such vehicle as provided in this chapter and obtain a license to operate it for the eiihumg year period remaining until such person's next registration period; provided, however, that if such vehicle is ac quired after the owner's registration period it shall not be subject to and no ad valorem taxes shall be collected until the owner's next registration period and unless such vehi cle is owned by such person during such owner's next registration period. The pur chaser of every used motor vehicle, including tractors and motorcycles, or trailer which is currently registered shall, within 21 days of the purchase of such vehicle, transfer such registration as provided in Code Section 40-2-42. No person, company, or corpora tion, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the current Georgia certificate of registration on such vehicle at the time of such sale or transfer or, if such vehicle does not have a current and valid Georgia certificate of registration, the last certificate of registration for such vehicle; provided, however, that in the case of a repossessed or leased motor vehicle, a court ordered sale or other involuntary transfer, a salvage motor vehicle, or a motor vehicle which is sto len but subsequently recovered by the insurance company after payment of a total loss claim, the lienholder or lessor, the transferor, the salvage dealer, or insurer, respec tively, shall not be required to obtain and transfer the certificate of registration for such vehicle, but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation; provided, further, that in those cases where there is no current and valid Georgia certificate of registration or in those situations where the

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JOURNAL OF THE SENATE

person, company, or corporation selling or transferring the motor vehicle does not pos sess the certificate of registration, then the purchaser or transferee of such motor vehi cle, if such purchaser or transferee is a licensed motor vehicle dealer, may apply to the appropriate county or state for a replacement certificate of registration.
(2) An application for the registration of a motor vehicle may not be submitted sepa rately from the application for a certificate of title for such motor vehicle, unless a certificate of title has been issued in the owner's name, has been applied for in the owner's name, or the motor vehicle is not required to be titled. An and an application for a certificate of title for a motor vehicle may be submitted separately from the appli cation for the registration of such motor vehicle.
(3) In calendar year 1997, motor vehicles registered in Georgia prior to January 1, 1997, shall:
(A) In those counties which, prior to January 1, 1996, have enacted a four-month staggered system of vehicle registration, be registered during the month established by such staggered registration system and shall obtain a registration which shall be valid until the owner's registration period in 1998, and shall return such vehicle for taxation and remit the ad valorem taxes due; or
(B) In those counties which, prior to January 1, 1996, do not have a four-month stag gered system of vehicle registration, be registered on or before May 1, 1997, and shall obtain a registration which shall be valid until the owner's registration period in 1998, and shall return such vehicle for taxation and remit the ad valorem taxes due."
SECTION 3.
Said chapter is further amended by striking Code Section 40-2-21, relating to staggered registration periods, in its entirety and inserting in lieu thereof the following:
"40-2-21.
(a) As used in this CuJe section chapter, the term:
\-L/ il&tUS Ulc&ilS.
\A.) 1 Ol iiJiLU-l'til |jt;l'SOilS, tllG SUl'llellllti 01 Llici OWiitil1 WllGS
rtlG Ol* 0 til 31* I'GCOI'Cl 01 OW^ilfel'Siii^)) 01"
(,LJ) i* ui* ciititiss ctiiGr iftfl.ii iiciLQifli pt^i'soii^, Liit^ ill'si istEcr or word or tiife owii^i1
W11OSG ii<iiilti Lp)&irS lll'SL Oil WIG CGrtltlCfltG OI LlLlii Of Otri&l FGCOlu Or GWilGl Slttp.
(2X1) 'Registration period' means:
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B;
(D) The month of February for an owner whose name begins with the letter E, F, Q, II, I, J, or K,
(C) The mouth uf March for an owner wliut,e name begins with the letter L, M, N, O, P, Q, or R, or
^U/ 1' rOili A^L il 1 Uiltil OI1 Gi~ b10rc iVlci^y J. 10i~ tn'i OWiici' WiiOSci nai'i ic uc^ni> Witll Lllc 1L_cllLl_c.l L"J, T1, TUT, Vv^ TV1VT , ATT., VA , .uLIi a7.
(A) In all counties except those for which a local Act has been enacted pursuant to this Code sectionT
(i) For natural persons, the 30 day period ending at midnight on the birthday of the owner whose surname appears first on the certificate of title or other record of ownership; or
(ii) For entities other than natural persons, the period each year beginning on February 1 and ending at midnight on the last day of MarchT

WEDNESDAY, MARCH 8, 1995

1197

(B) In those counties which are authorized by a local Act enacted pursuant to this Code section to have a four-month staggered registration period:
(i) For natural persons:
(I) The month of January for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of January, February, or March;
(II) The month of February for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of April, May, or June;
(III) The month of March for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of July, August, or September; and
(IV) The month of April for the owner whose surname appears first on the certif icate of title or other record of ownership and whose birthday is in the month of October, November, or December;
(ii) For entities other than natural persons, the period each year beginning on February 1 and ending at midnight on the last day of MarchT
(C) In those counties which are authorized by a local Act enacted pursuant to this Uode section not to have staggered registration periods, January 1 through April 30.
(8X2) Vehicle' means every motor vehicle, including a tractor or motorcycle, and every trailer required to be registered and licensed under Code Section 40-2-20.
\0) 1.116 ILXCGjyt &.S tlU.tri.Oi'iZtiu ill SUuS^iCtiOii \w 01 LlnS vJOu.6 SGCtlOil, ill ^EtCll COUOty tO
WiTtl-lCil tile pl'OVT.SiGi'lS 01 MiiS vvOClfe SGCtilGIl 3.1 c lilHClt LO Hpply 3.S prOViuSu. Ill SU.DScCtj.Gil \i)
of this Code section, the owner of every vehicle registered in the previous calendar year shall, between January 1 and May 1 of each year, register and obtain a license to operate such vehicle not later than the last day of the owner's registration period. The lessee of a vehicle being operated under a lease agreement may elect to register and obtain a license to operate such vehicle not later than the last day of the registration period of either the lessee or the lessor.
(c) The owner of any vehicle registered in the previous calendar year who moves his or her residence between January 1 and May 1 from a county to which this Code section is Hot applicable to a county lu which Ihis Code section is applicable from a county which does not have staggered registration to a county which has a four-month or 12 month staggered registration period or who moves his or her residence from a county which has a 12 month staggered registration period to a county which has a four-month staggered registration period or to a county which does not have staggered registration or the new owner of a vehicle registered in the previous calendar year which was transferred to such new owner between Januaiy 1 and May 1 after the owner's registration period and who resides in a county lu which this Code section ib applicable which has a staggered regis tration period shall, unless such vehicle has been registered during the curiuiil calendar year a current registration, register and obtain a license to operate such vehicle prior to the last day of the owner's renewal registration period or, if such renewal registration period has passed at the time of the change of residence or at the time of transfer, on or befere-May-t not later than 30 days following the date of the change of residence or the date of transfer!
(d) Any owner of a vehicle who does not register and obtain a license to operate such vehicle as provided in subsections (b) and (c) of this Code section shall, in addition to any other penalty which may be imposed if such vehicle is registered after May 1 the final date on which such vehicle is required to be registered, be subject to a $15.00 late registration penalty. Such penalty shall be paid prior to obtaining a registration and license and shall be in addition to the fee provided by law. The penalty provided for in this subsection shall be paid into the general fund of the county. The penalty provided for in this subsection shall be waived if the penalties provided for in Code Section 40-2-40 are

1198

JOURNAL OF THE SENATE

waived or are determined not to be applicable under rules or regulations issued by the commissioner.
(e) The transferee of a new or unregistered vehicle shall register and obtain a license to operate such vehicle as provided in subsection (a) of Code Section 40-2-20.
(f) Tills Code section shall only apply lu a comity which has been brought uiidtii Hie
JjlOVlSlOiiS OI CiliS \_JOuc DcCtiOli pUrSU.ci.lit CO 8t 1OC3.1 13.W^ tillclCttiU Dy tf!6 \jreHGrll ASS^tli01iy
3.11(1 Sll3.ll flpply D6JlillliriJ J cHIUeiry J. 01 LllS C3.1611C13.1.' VG3.11 Sp6ClI16u 111 SU.C11 iOCcll 13.W. AjlV
local law enacted pursuant to this Code section shall specify either a staggered registra tion period of four months or a nonstaggered registration period of four months. If such local law is conditioned upon approval in a referendum, the results of such referendum shall be certified to the Department of Revenue.
\7 JNOtfliil^ lil L11J.S vJOuG SSCllOn SI13.11 pl'cClUClc Cilc OWilGl OI flliy VGfliCiG IFOill legiSttii'.i.ilgJ
&11C1 Gut<iii'lii'l ti liCtiilSiS IO1* SUCH VGIHClfe priOF tO lliS 1 ^Ji.Stl*3.ti011 pdMOQ..
SECTION 4.
Said chapter is further amended by striking Code Section 40-2-31, relating to license plates and revalidation decals, in its entirety and inserting in lieu thereof the following:
"40-2-31.
(a) If the applicant meets the requirements set forth in this chapter, the commissioner shall assign to the vehicle a license plate bearing a distinctive number.
(b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the Teach State.' The metal shall be of such strength and quality that the plate shall provide a minimum service period of five years. Every five years a new metal license plate shall be provided by the commissioner for issuance, ex cept that license plates issued for vehicles in excess of 24,000 26,000 pounds shall be issued annually and no revalidation decal shall be issued for such plates. Metal license plates issued on or after January 1, 1980, may be used until December 01, 1989. Metal license plates Issued on or after January 1, 1990 1997, shall be used for a period of five
y63I*S. JJi.CciiLiiiIiI.iiii liCciilSci j3lkt>&& iSS 11(30 iil 19/0 SI13.11 IlOt DG TlSGu^iiLcir tfl y6lF J_yoy.
(c) The face of the license plate to be displayed shall be treated completely with a retroreflective material which will increase the nighttime visibility and legibility of the plate. The Office of Highway Safety shall prepare the specifications which such retroreflective material shall meet.
(d) In those years in which a metal plate is not issued, a revalidation decal with a distinc tive serial number shall be issued and affixed in the space provided on the license plate assigned to the vehicle: which shall indicate the year and month through which the regis tration of the vehicle shall be valid; provided, however, that if the commissioner deter mines that it is necessary two revalidation decals shall be issued for each license plate to reflect the required information. When an applicant is issued a revalidation decal and such applicant registered the vehicle in another county the previous year, the applicant shall also be issued a new county decal which shall be properly affixed to the license plate and shall replace the other county decal.
(e) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the name of the agent's county. Such a decal shall be issued with each metal license plate and shall be affixed in

WEDNESDAY, MARCH 8, 1995

1199

the space provided on the license plate without obscuring any number or other informa tion required to be present on the plate. A tounty Jeual shall be issued with each invalidation Jecal is&ued in 1982 and hhall be pioperly affixed to the liceu&e plate.
(f) A county tag agent shall issue a county name decal for the agent's county only if:
(1) The vehicle for which the decal is issued is currently registered in the county named on the decal;
(2) The registration for the vehicle for which the decal is issued is being transferred to a resident of the county named on the decal; or
(3) An application for registration of the vehicle for which the decal is issued is being made in the county named on the decal."
SECTION 5.
Said chapter is further amended by striking Code Section 40-2-34, relating to reports and remittances by tag agents, in its entirety and inserting in lieu thereof the following:
"40-2-34.
(a) All county tag agents accepting license applications shall endeavor to submit to the commissioner on at least a weekly basis reports of license applications handled and remit with such reports related sums of money to which the Department of Revenue is entitled. Except as provided in subsectkm (e) uf this Code section, all All tag reports of license applications handled and related sums of money to which the Department of Revenue is entitled must be submitted to the commissioner within 14 calendar days from the close of the business week during which the aforementioned license applications were handled and related sums of money received. The term tmsiness week' shall mean Monday through Friday (or Saturday if applicable).
(b) Funds received as a result of the handling of license applications shall be considered trust funds in the hands of such tag agents until such time as paid over to the commissioner.
(c) Failure Except as provided ill subsecliuu (e) uf this Code hectiuii, failure to submit the reports or remit the funds within the 14 day period as required by this Code section shall result in the penalties imposed by Code Section 48-2-44.
(d) Before the expiration of the time period within which a tag report is required to be filed with the commissioner or related funds remitted to the commissioner, application may be made to the commissioner for an extension. The commissioner shall be author ized, upon a showing of justifiable cause, to grant up to a 30 day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports or funds due the commissioner for a specific busi ness week.
(e) Irrespective uf any deadline stated in subsection (c) uf this Code section, fur the
liiOiitilS 01 JVlcil Cli tilu Apl'll lllti Uticluiiiiti IOir SUDlillttiil^1 teljf 1'ci^jOl Lfc dilu I'tiictLOu &U.LT1S OI
money to the commissioner shall be 30 days from the close uf the business week dmiug
Siiiu illOIILiiS. J.Tl^f6 Sfl&ii Dfi 110 cXtcilSiOil ^Ji'&IltGCl IFGill SeiiCl UU diy CIG3.C1I111G IO11 Jju.Si.i.lcfcfe
weeks which close iu March and Apiil.
(f) Proof of mailing within the appropriate time periods provided for in this Code section, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the county tag agent has complied in a timely manner with the duties enumerated by this Code section."

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SECTION 6.
Said chapter is further amended by striking subsection (a) of Code Section 40-2-40, relating to the registration of delinquent vehicles, in its entirety and inserting in lieu thereof the following:
"(a) On and dftei May 2 in each year, the The owner of a vehicle required to be registered under Code Section 40-2-20 which was registered for the previous year, who has failed to comply with Code Section 40-2-20 for the current year; shall be deemed and held to be a delinquent under this Code section; and the registration of such vehicle shall, on May 2 and thereafter after the expiration of the owner's registration period, be subject to a pen alty of 25 percent of the registration fee for such vehicle in addition to the fee provided by law, provided that such penalty shall in no event be levied prior to May 2 the expiration of the owner's registration period, notwithstanding that the owner failed to register such vehicle within 21 days of its purchase."
SECTION 7.
Said chapter is further amended by striking Code Section 40-2-62, relating to special li cense plates for members of the General Assembly, in its entirety and inserting in lieu thereof the following:
"40-2-62.
The commissioner shall mail special and distinctive license plates printed for members of the General Assembly to the local tag agent in the counties wherein such members reside on or before December 01 uf the owner's registration period each year. Such special and distinctive license plates shall be issued only upon applications made to the local tag agent and payment of a $25.00 manufacturing fee. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this chap ter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Special and distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The special license plates issued pursuant to this Code section may be transferred to another vehicle as provided in Code Section 40-2-80."
SECTION 8.
Said chapter is further amended by striking Code Section 40-2-63, relating to special li cense plates issued to sheriffs, in its entirety and inserting in lieu thereof the following:
"40-2-63.
On or before December 31 uf each yeai, the The commissioner shall mail to the local tag agents special and distinctive license plates for the elected sheriffs in the counties of this state on or before the owner's registration period of each sheriff. The sheriffs shall make application with the local tag agent and shall pay a fee of $25.00. Special sheriff's sher iffs' license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. License plates shall be issued by the local tag agents upon proper application and in accordance with the terms of Article 2 of this chapter. Only one special and distinctive license plate shall be issued to each elected sheriff fui his personal motui vehicle; however, a sheriff may choose to use his the sheriff's distinctive license plate either on his the law enforcement vehicle as signed to such sheriff or his sheriff's on his or her personal vehicle."

WEDNESDAY, MARCH 8, 1995

1201

SECTION 9.
Said chapter is further amended by striking Code Section 40-2-65, relating to special li cense plates for active reserve components of the United States, in its entirety and in serting in lieu thereof the following:
"40-2-65.
(a) Motor vehicle owners who are assigned or attached members of troop program units of any branch of the active reserve components of the United States inside or outside the State of Georgia shall be eligible to receive free motor vehicle license plates for private passenger cars or trucks used for personal transportation. Motor vehicle owners who are members of any National Guard unit in a state adjoining the State of Georgia and for whom there is no National Guard unit in the county of their residence shall be eligible to receive free motor vehicle plates for private passenger cars or trucks used for personal transportation to identify such vehicle owner as a reservist. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licens ing of motor vehicles as prescribed in Article 2 of this chapter. No person shall be entitled to more than one free motor vehicle license plate for any calendar year; provided, how ever, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a reservist shall be entitled to receive one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols in addition to numbers and letters prescribed by law shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the "United States military reserve.' The major commanders of each active reserve component pro gram shall furnish to the commissioner each yeai prior to the date that license plates aie ihhuud a list of the members of their command assigned or attached to troop program units who reside in Georgia. The adjutant general of each neighboring state shall furnish to the commissioner each yeai prior to the date that license plates are issued a list of the members of that state's National Guard unit who reside in Georgia. The lists of reserv ists and guardsmen required under this subsection shall be updated as necessary throughout the calendar year.
(b)(l) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a member of the "United States military reserve,' such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the said reservist acquire another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle, and such re servist shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regula tion. No transfer or cancellation fee shall be charged for the transfer of free reservist license plates. There shall be a transfer and cancellation fee of $5.00 for the transfer of any other reservist license plate.
(2) Should an active reservist who has been issued a free license plate or license plates be discharged or otherwise separated from his or her reserve unit, the immediate commanding officer of such active reservist shall obtain the discharged member's free li cense plate or license plates at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such person has been dis charged, and thereupon the commissioner shall issue a regular license plate or license plates, at no additional charge, to such former reservist to replace the reservist plate or plates. Should an active reservist enlist or be commissioned after he has purchased! purchasing a regular license plate for the his or her current year registration period, the commanding officer of the unit in which such person enlists or is commissioned shall likewise secure the regular license plate of such person and return same to the

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JOURNAL OF THE SENATE

commissioner, along with a certificate to the effect that such person has been enlisted or commissioned in a troop program unit of the reserve components, and the effective date thereof, whereupon the commissioner shall issue a reservist license plate, at no extra charge, to such new member to replace the returned regular plate. Upon such request for a change in plate for a discharged reservist or a newly enlisted reservist, the commanding officer shall furnish such member with a copy of his the commanding officer's letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate.
(c) The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these plates in lieu of the regular Georgia li cense plates, and all applications for such plates shall be made to the commissioner. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable."
SECTION 10.
Said chapter is further amended by striking Code Section 40-2-66, relating to special li cense plates for members of the Georgia National Guard, in its entirety and inserting in lieu thereof the following:
"40-2-66.
(a)(l) Motor vehicle owners who are members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate, as prescribed in that article for private passenger cars or trucks used for personal transportation. Each member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the Georgia National Guard. The adjutant general of Georgia shall furnish to the commissioner each yeai, prior to the date that limu&e plates aie ihhued, a list of the members of the Georgia National Guard which list shall be updated throughout the year as necessary.
(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, 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 re tired member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual 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 paragraph (1) of this subsection. The adjutant general of Georgia shall

WEDNESDAY, MARCH 8, 1995

1203

furnish to the commissioner each year, prior to the dale that lioame plates am issued, a list of the retired members of the Georgia National Guard which list shall be updated as necessary throughout the year.
(b) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words "National Guard,' such plate shall be removed and the authority to use the same shall thereby be canceled; however, after such a transfer of ownership occurs, should the said member or retired member of the National Guard ac quire another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle and such member or retired member shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation and shall pay a transfer and cancellation fee of $5.00 and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. No transfer or cancellation fee shall be charged for the transfer of free National Guard license plates. There shall be a transfer and cancellation fee of $5.00 for the transfer of any other National Guard license plate. Should a member of the National Guard who has been issued a National Guard license plate be discharged or otherwise separated except by retirement from the National Guard, the immediate commanding officer of such member shall obtain the discharged member's National Guard license plate or plates at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such member has been discharged, and there upon the commissioner shall issue a regular license plate or plates, at no additional charge, to such former National Guard member to replace the National Guard plate. Should a member of the National Guard enlist or be commissioned in the National Guard after he lias puicha&ed purchasing a regular license plate for the current year, the com manding officer of the unit in which such member enlists or is commissioned shall like wise secure the regular license plate of such new member and return same to the commissioner, along with a certificate to the effect that such new member has been en listed or commissioned in the National Guard and the effective date thereof, whereupon the commissioner shall issue a National Guard license plate, at no extra charge, to such new member to replace the returned regular plate relumed to him. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard, the commanding officer shall furnish such member with a copy of his the commanding officer's letter to the commissioner requesting the appropri ate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate.
(c) The commissioner shall, un ui before March 1 la. eadi .year, furnish to the sheriff of each county in the state an alphabetical arrangement of the list of names, addresses, and license plate letters of each person to whom a license plate is issued under this Code section, and it shall be the duty of the sheriffs of the state to maintain and to keep cur rent such lists for public information and inquiry.
(d) The commissioner shall make such rules and regulations as necessary to enforce com pliance with all state license laws relating to the use and operation of a private passen ger car before issuing National Guard plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The commissioner is specifically authorized to make all rules and regulations necessary to make adequate provision for instances where such vehicles have been transferred or sold. Except as pro vided in subsection (b) of this Code section, such plates shall be nontransferable."
SECTION 11.
Said chapter is further amended by striking subsection (a) of Code Section 40-2-75, relating to special license plates for amateur radio operators, in its entirety and inserting in lieu thereof the following:
"(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

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JOURNAL OF THE SENATE

Communications Commission, upon application, accompanied by proof of ownership of such license, and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles shall be issued, free of charge, a special de sign license plate for a private passenger vehicle upon which shall be inscribed the offi cial 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, howevei, that, upon payment uf the
icguleLi~ liucuSc Ice i^iCrViucu I0i" 111 (_/Ou^ oc^Lxuix *xo-J.U-^ ailu ciii ii^iLial uiunulciuliii ni{^ ice
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fees and shall be remitted to the state as piuvided in Code Section 49-2-04. The commis sioner 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 12.
Said chapter is further amended by striking subsection (a) of Code Section 40-2-78, relating to special license plates for firefighters, in its entirety and inserting in lieu thereof the following:
"(a) Any resident motor vehicle owners who are firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 and who are members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are certified firefighters of legally organized volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25 may submit an application to the commissioner for a special and distinctive vehicle license plate identifying the owner as a certified firefighter for a private passenger car or truck used for personal transportation. The commissioner shall retain all applications for such special firefighters' license plates until a minimum of 500 applications have been received. If the commissioner does not receive the required minimum 500 applications no later than July 31 of the year preceding the initial year of issuance of such plates, no such special plates shall be issued and all fees shall be re funded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No firefighter shall be entitled to more than one special and distinctive motor vehicle license plate. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as determined by the commis sioner to identify the owner as a certified firefighter. The chiefs of the various fire depart ments shall furnish to the commissioner uadi year prior lu Ihe dale that license plates aie issued a list of the certified firefighters of their fire departments who reside in Georgia winch list shall by updated as iieceshaiy."
SECTION 13.
Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, security interests, and liens, is amended by striking subsection (b) of Code Section 40-3-21, relating to application for a first certificate of title, in its entirety and inserting in lieu thereof the following:
"(b) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of the holder of any security interest created or reserved at the time of the sale by the dealer. The application shall be signed by the owner and, unless the dealer's signature appears on the certificate of title or manufacturer's statement of origin submitted in support of the title application, the dealer. The dealer shall promptly mail or deliver the application to the commissioner or his appropi iale authorized the county tag agent of the county in which the seller is located, of the county in which thelale takes place, of the county in which the vehicle is delivered, or of the county wherein the vehicle

WEDNESDAY, MARCH 8, 1995

1205

owner resides so as to have the application submitted to the commissioner or his dppiupiiate dutliumeJ such county tag agent within 90 days from the date of the sale of the vehicle. If the application is not submitted within that time, the dealer, or in nondealer sales the transferee, shall be required to pay a penalty of $10.00 in addition to the ordi nary title fee paid by the transferee provided for in this chapter. If the documents sub mitted in support of the title application are rejected, the dealer submitting the documents shall have 60 days from the date of initial rejection to resubmit the docu ments required by the commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional pen alty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a cer tificate of title for a purchaser shall be grounds for suspension or revocation of the dealer's state issued license and registration for the sale of motor vehicles."
SECTION 14.
Said chapter is further amended by striking subsection (b) of Code Section 40-3-50, relating to perfection of security interests generally, in its entirety and inserting in lieu thereof the following:
"(b) A security interest is perfected by delivery to the commissioner or to the county tag agent in of the county in which the seller is located, of the county in which the sale takes place, of tEe county in which the vehicle is delivered, or of the county wherein the vehicle owner resides of the existing certificate of title, if any, and an application for a certificate of title containing the name and address of the holder of a security interest and the re quired fee. The security interest is perfected as of the time of its creation if the initial delivery to the commissioner or local tag agent is completed within 20 days thereafter, regardless of any subsequent rejection of the application for errors; otherwise, as of the date of the delivery to the commissioner or local tag agent. The local tag agent shall issue a receipt or other evidence of the date of filing of such application. When the security interest is perfected as provided for in this subsection, it shall constitute notice to every body of the security interest of the holder."
SECTION 15.
Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, is amended by striking Code Section 48-5-442, relating to preparation and distribution of uniform evaluation of motor vehicles for tax purposes, in its entirety and inserting in lieu thereof a new Code Section 48-5-442 to read as follows:
"48-5-442.
(a)(l) The commissioner shall prepare at least annually and distribute to each of the tax"cbllectors and tax commissioners both a uniform evaluation of all motor vehicles for use as the taxable value of the motor vehicles and unifumi piucedures fui the evalua tion of all mobile homes subject to this article. Each evaluation shall reflect the current fair market value for all motor vehicles as determined by the commissioner.'
(2) The commissioner shall prepare annually and distribute to each of the tax collectors and tax commissioners uniform procedures for the evaluation of all mobile homes sub ject to this article.
(b) Notwithstanding subsection (a) of this Code section, all antique and hobby or special interest motor vehicles, as defined in Code Section 48-5-440, shall, notwithstanding true fair market value if any, be deemed by the commissioner to have a fair market value of $100.00 in the uniform evaluation prepared and distributed annually by the commissioner."

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JOURNAL OP THE SENATE

SECTION 16.
Said article is further amended by striking Code Section 48-5-451, relating to the penalty for failure to make return or pay tax on motor vehicle or mobile home, in its entirety and inserting in lieu thereof a new Code Section 48-5-451 to read as follows:
"48-5-451.
Every owner of a motor vehicle or a mobile home, in addition to the ad valorem tax due on the motor vehicle or mobile home, shall be liable for a penalty of 10 percent of the tax due or $1.00, whichever is greater, for his the failure to make the return or pay the tax in accordance with this article, piuvided that huth penalty bhall in uu event be levied prior to iviciy ji, iiotiW"itnsttiiu.iii tn.ci.ij IHG ownsr i&ii&ci to iG^iSwii' su.cn vGiiici^ \vitinii & \. Q3.ys 01
fr- .... 1. - r- - "
ilia IJU.iL-iId.Sc.
SECTION 17.
Said article is further amended by striking Code Section 48-5-471, relating to motor vehi cles owned on January 1 subject to ad valorem taxation, in its entirety and inserting in lieu thereof a new Code Section 48-5-471 to read as follows:
"48-5-471.
Every motor vehicle owned in this state mi Januaiy 1 by a natural person is subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property only if owned by such natural person at any time during such person's regis tration period. Every vehicle owned in this state by an entity other than a natural person is, except as specifically provided in Code Section 48-5-472, subject to ad valorem taxa tion by the various tax jurisdictions authorized to impose an ad valorem tax on property if owned by such entity at any time during such entity's registration period. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself."
SECTION 18.
Said article is further amended by striking Code Section 48-5-472, relating to ad valorem taxation of motor vehicles owned and held by dealers for retail sale, returns of dealers' inventory, dealer's assessed value, determination of tax rate, time for payment of taxes, and motor vehicles in transit on January 1, in its entirety and inserting in lieu thereof a new Code Section 48-5-472 to read as follows:
"48-5-472.
(a) For the purpose of this Code section, the term 'dealer' means any person who is en gaged in the business of selling motor vehicles at retail and who holds a valid current dealer's identification number issued by the department.
(b) Motor vehicles which are owned by a dealer are not included within the distinct clas sification of tangible property made by this article for all other motor vehicles. The proce dures prescribed in this article for returning motor vehicles for ad valorem taxation, determining the applicable rates for taxation, and collecting the ad valorem taxes im posed on motor vehicles do not apply to motor vehicles which are owned by a dealer. Motor vehicles which are owned by a dealer shall not be returned for ad valorem taxa tion, shall not be taxed, and the taxes on such mutoi vehicles shall be collected in the mammi piuvided in this Gudu sectkm no taxes shall be collected on such motor vehicles until they become subject to taxation as provided in Code Section 48-5-471. No vehicle held by a dealer in inventory for resale shall be subject to ad valorem tax.
(c) All wholesale and retail dealers of mutui1 vehicles shall ititurii their inventory on the rirst woi & dty 01 c&cii CcilGiiQcii' ycSif . Jlri^ nivsirtory sli&ii D6 su.D5t<Liiti3Xcu &y~ jji'opGi'iy
011 Lliclt
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WEDNESDAY, MARCH 8, 1995

1207

ahbeh&ed value uf uiutui vehicle uwned by a dealer shall be 75 percent of the dhbehhtid
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provided nl LliiS iil'tlCife.
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SECTION 19.
Said article is further amended by striking Code Section 48-5-473, relating to returns for taxation and application for and issuance of license plates upon payment of taxes due, in its entirety and inserting in lieu thereof a new Code Section 48-5-473 to read as follows:
"48-5-473.
(a) Each year every owner of a motor vehicle subject to taxation under this article shall return the motor vehicle for taxation and pay the taxes due on the motor vehicle at the time the owner applies for registration of the motor vehicle and for the purchase of a license plate for the motor vehicle or at the time of the first sale or transfer of the motor vehicle atlei Deceinbui 01 or oil May 1, whichever uucm's first, provided that taxes shall be due at the time of registration or transfer of registration only if such vehicle was owned during the owner's registration period. If the DWIUJI ufa mului vehicle rulmns Hit;
HlOtOi' VtilliClG I0x' tf&X&t>iOfl priui* tO Lllc uiiLii tliciL tile: ct^jjliCciLlOii lui* til ^j ili'CillS6 Ol <i tlCcil5ti )lttG IS I*t5C[U-il"tiu, Llic OWilSl* SI1&11 &^^iy IOI' tile pUFCHaSc 01 tllfe liCcilse plcll/t; dt tlic
time uf letum uf the motui vehicle fui taxation. If no license plate is required for the motor vehicle, the owner shall nevertheless return the motor vehicle for taxation as pro vided for in this Code section, but no license plate need be purchased. Except, ab piovided
IOI" ill CJOuc; kJcO-tiOii *xo~u~*itjU iinu ctXCtijJL I0r iliOlX)!' \clliClcS) tiA.ClU.Clcu ^}UI*fiti&ilt tu \JOQc
tur ur lax cumuiihhiuiuji until all ad valorem taxes dun uii the mului vehicle have paid.
(b) Notwithstanding subsection (a) of this Code section, in the case of an antique or hobby or special interest motor vehicle, as defined in Code Section 48-5-440, the owner or own ers shall certify at the time of returning the antique or hobby or special interest motor vehicle for taxation, paying the taxes due on the motor vehicle, and purchasing a license plate for the motor vehicle or at the time of the first sale or transfer of the motor vehicle after December 01 or on May 1, whichever cumeh first, that the vehicle is an antique or hobby or special interest motor vehicle as defined in Code Section 48-5-440, and, upon said certification, said vehicle shall be registered and a license plate issued with the im position of an ad valorem tax based on $100.00 valuation, provided that taxes shall be due at the time of registration or transfer of registration only if such vehicle was owned during the owner's registration period."
SECTION 20.
Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, is amended by striking Code Section 48-10-8, relating to time of

1208

JOURNAL OF THE SENATE

application and payment for license plate, in its entirety and inserting in lieu thereof the following:
"48-10-8.
Each person subject to a license fee as provided in this chapter shall apply for and obtain the required license plate on or before May 1 uf each year the expiration of the owner's registration period each year. Payment for the license plate shall be made to the commis sioner, his a duly authorized agent, or any other person specified by law."

SECTION 21.

This Act shall become effective on January 1, 1997.

SECTION 22.

Any local law enacted pursuant to Code Section 40-2-21, which is in conflict with the provi sions of this Act shall stand repealed on the effective date of this Act.

SECTION 23.

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:

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

Gillis Glanton Gochenour Griffin
Henson Hill
Hooks Isakson James
Johnson of 1st Kemp
Land Langford Madden Marable
McGuire Middleton

Newbill Oliver Perdue Pollard
Ragan Ralston
Ray Scott Slotin
Starr Stokes
Taylor Thomas Thompson Turner
Tysinger Walker

Those not voting were Senators:

Abernathy Guhl (excused)

Harbison Johnson of 2nd

Tanksley

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

SR 232. By Senators Burton of the 5th, Hill of the 4th, Pollard of the 24th and others:
A resolution urging the State Board of Education to designate Veterans Day as a school holiday.

WEDNESDAY, MARCH 8, 1995

1209

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 Black Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle
Cheeks Clay Crotts
Day Dean
Edge Egan
Farrow

Gillis Glanton Gochenour Griffin Henson
Hooks Isakson James Johnson of 1st
Kemp Land Langford
Madden Marable
McGuire Middleton
Newbill

Oliver Perdue Pollard Ragan Ralston
Ray Scott Slotin Starr
Stokes Taylor Thomas
Thompson Turner
Tysinger Walker

Those not voting were Senators:

Abernathy Guhl (excused)

Harbison (excused) Hill (excused)

Johnson of 2nd Tanksley

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

SR 117. By Senators Ralston of the 51st, Edge of the 28th, Newbill of the 56th and others:

A resolution creating the Senate Study Committee on Privatization of State Governmental 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:

Balfour Black Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle Cheeks
Crotts Day Dean
Edge

Egan Farrow Gillis Glanton Gochenour
Griffin Henson Hooks Isakson James
Johnson of 1st Kemp Land
Langford

Madden Marable McGuire Middleton Newbill
Pollard Ragan Ralston Scott Slotin
Stokes Taylor Thomas
Thompson

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JOURNAL OF THE SENATE

Turner

Tysinger Walker

Those not voting were Senators:

Abernathy Clay Guhl (excused) Harbison (excused)

Hill (excused) Johnson of 2nd Oliver (excused)

Ray (presiding) Starr Tanksley

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

SR 196. By Senators Stokes of the 43rd, Oliver of the 42nd, Guhl of the 45th and others: A resolution creating the Senate Task Force on Violence in the Media.

The Senate Committee on Rules offered the following amendment:
Amend SR 196 by striking on line 10 on page 2 the word "ten" and inserting in its place the word "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 adoption of the resolution as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day Dean
Edge Egan Farrow

Gillis Glanton Gochenour Griffin Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford
Madden Marable McGuire

Middleton Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thomas Thompson
Turner Tysinger Walker

Those not voting were Senators:

Abernathy Clay Guhl (excused)

Harbison (excused) Johnson of 2nd Newbill (excused)

Oliver (excused) Tanksley

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

WEDNESDAY, MARCH 8, 1995

1211

SR 266. By Senators Johnson of the 1st, Kemp of the 3rd, Hill of the 4th and others:
A resolution urging the United States Secretary of Defense and the Secretary of the Army not to change the designation of the 24th Infantry Division (Mecha nized) at Fort Stewart.

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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge

Egan Farrow Gillis Glanton Gochenour Griffin Henson Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden

Marable McGuire Middleton Perdue Pollard Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Guhl (excused) Harbison (excused) Johnson of 2nd

Newbill (excused) Oliver (excused) Ragan

Ralston Tanksley Walker

On the adoption of the resolution, the yeas were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Stokes of the 43rd moved that she be excused from the Senate from 2:12 P.M. on, in order to attend a House committee meeting.
On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Stokes of the 43rd was excused from the Senate.

HB 684. By Representatives Trense of the 44th, Buck of the 135th, Skipper of the 137th and Towery of the 30th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, so as to provide for an exemption from state sales and use taxation for certain sales by parent-teacher organizations.
Senate Sponsor: Senator Starr of the 44th.

Senators Clay of the 37th, Edge of the 28th and Cagle of the 49th offered the following amendment:
Amend HB 684 by inserting after the word and symbol "organizations;" on line 5 of page 1 the following:
"to provide for a. phased-in exemption for certain food items from certain sales and use taxes; to provide for applicability with respect to certain local sales and use taxes; to provide effective dates;".

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JOURNAL OF THE SENATE

By striking in its entirety line 13 of page 1 and inserting in lieu thereof the following: "paragraph (55) thereof and inserting ';', and adding".
By striking in its entirety line 17 of page 1 and inserting in lieu thereof the following: "the Internal Revenue Code; or'

SECTION 2.

Said Code section is further amended by adding a new paragraph immediately following paragraph (56), to be designated paragraph (57), to read as follows:
'(57XA) For the purposes of this paragraph, "eligible foods and beverages" means the retail sale, use, or consumption of any food for domestic home consumption as de fined by the federal food stamp program in Section 3 of the federal Food Stamp Act of 1977, as amended, 7 U.S.C.A. 2012(g) as such Act existed On January 1,1995. Eligi ble foods and beverages shall not include retail sales or sales at retail of food trans acted at any food service establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products, includ ing restaurants; coffee shops; cafeterias; shortorder cafes; luncheonettes; taverns; lunchrooms; places which manufacture, wholesale, or retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant restau rants; industrial cafeterias; catering establishments; food vending machines and ve hicles and operations connected therewith; and similar facilities by whatever name called.
(B) On and after July 1, 1996, the retail sale for off-premises human consumption or use of eligible foods and beverages shall constitute a retail sale for purposes of this article as follows:
(i) For the period from July 1, 1996, through June 30, 1997, the rate of taxation required under this article shall be 3 percent;
(ii) For the period from July 1, 1997, through June 30, 1998, the rate of taxation required under this article shall be 2 percent;
(iii) For the period from July 1, 1998, through June 30, 1999, the rate of taxation required under this article shall be 1 percent; and
(iv) On and after July 1, 1999, such sales shall not constitute a retail sale for pur poses of this article and shall not be subject to taxation under this article.
(C) The exemption provided for in subparagraph (B) of this paragraph shall not apply to any local sales tax, local use tax, or local sales and use tax.'

SECTION 3.

(a) Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years be ginning On or after January 1, 1996.
(b) Section 2 of this Act shall become effective on July I, 1995."
By renumbering Section 2 as Section 4.

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 Black Boshears Bowen Broun of 46th Brown of 26th

Burton Cagle Cheeks Clay Crotts Day

Dean Edge Egan Farrow Gillis Glanton

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1213

Gochenour Griffin Guhl Henson Hill Hooks Isakson James Johnson of 1st Kemp

Land Langford Madden Marable McGuire Middleton Newbill Perdue Pollard Ragan

Ralston Ray Slotin Starr Stokes Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Abernathy Blitch

Thomas

Walker

Those not voting were Senators:

Harbison (excused) Johnson of 2nd

Oliver (excused) Scott (excused)

Tanksley

On the adoption of the amendment, the yeas were 47, nays 4; and the Clay, et al. amendment was adopted.

Senators Walker of the 22nd, Edge of the 28th, Isakson of the 21st offered the following amendment:
Amend HB 684 by adding after "taxation" on line 4 of page 1 the following: "for certain sales to nonprofit licensed in-patient hospices and".
By adding between lines 17 and 18 of page 1 the following:

"SECTION 1.1.

Said Code section is further amended by striking paragraph (7) thereof and inserting in its place the following:
'(7) Sales of tangible personal property and services to a nonprofit licensed nursing home, nonprofit licensed in-patient hospice, or a nonprofit general or mental hospital used exclusively by the nursing home, nonprofit licensed in-patient hospice, or hospital in performing a general nursing home, nonprofit licensed in-patient hospice, hospital, or mental treatment function in this state when the licensed nursing home| nonprofit licensed in-patient hospice, or hospital is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner^;'."
On the adoption of the amendment, the yeas were 48, nays 1 and the Walker, et al. amendment was adopted.
Pursuant to Senate Rule 143 action on HB 684 was suspended and the bill was placed on the Senate General Calendar.
Senator Perdue of the 18th moved that the Senate do now adjourn until 9:30 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 3:00 P.M.

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Senate Chamber, Atlanta, Georgia Thursday, March 9, 1995
Thirty-fifth Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President.
Senator Marable of the 52nd 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 Jour nal 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 910. By Representative Crawford of the 129th:
A bill to create the Pike County Livestock Facility Authority.
HB 920. By Representatives Holland of the 157th and Banner of the 159th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Leesburg," so as to change the salary of the councilmembers and the mayor.
HB 935. By Representatives Polak of the 67th, Ladd of the 59th, Sherrill of the 62nd, Teper of the 61st, O'Neal of the 75th and others:
A bill to provide a homestead exemption for certain residents of DeKalb County from ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of certain local sales and use taxes.
HB 936. By Representatives Wall of the 82nd and Johnson of the 84th:
A bill to amend an Act incorporating the City of Lawrenceville, so as to deannex and exclude certain property from the corporate limits of such city.
HB 937. By Representatives Mosley of the 171st and Smith of the 169th:
A bill to amend an Act providing a new charter for the City of Blackshear, so as to change the corporate limits of the city.
HB 938. By Representatives Randall of the 127th, Lucas of the 124th, Reichert of the 126th, Ray of the 128th and Falls of the 125th:
A bill to amend an Act creating the Civil Court of Bibb County, so as to change the civil jurisdiction of such court.
HB 944. By Representative Stancil of the 91st:
A bill to amend an Act creating the Board of Commissioners of Morgan County, so as to change the provisions relating to the compensation of the chairman.

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HB 945. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner.
HB 946. By Representative Purcell of the 9th:
A bill to amend an Act creating a new charter for the City of Cleveland, so as to provide for procedures for appeals from police court.
HB 949. By Representatives Wiles of the 34th, Barnes of the 33rd, Parsons of the 40th, Shipp of the 38th, Sauder of the 29th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the compensation of the chief investigator, the investiga tors, the chief assistant district attorney, and the assistant district attorneys.
HB 950. By Representatives Watson of the 139th, Walker of the 141st and Floyd of the 138th:
A bill to amend an Act providing a new charter for the City of Warner Robins, so as to change the corporate limits of said city.
HB 970. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act establishing the State Court of Carroll County, so as to provide that the judge of such court shall be elected at nonpartisan general elec tions without a prior nonpartisan primary.
HB 971. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act relating to the board of education and school superinten dent of the Carroll County School District, so as to provide that members of such board shall be elected at nonpartisan general elections without a prior nonparti san primary.
HB 972. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to provide for the nomination and election of the chief magistrate of the Magistrate's Court of Carroll County in nonpartisan primaries and elections.
HB 973. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act entitled "An Act to provide for a special election to deter mine whether the members of the board of education of the Carroll County School district shall be elected rather than appointed," so as to provide for new education districts.
SB 349. By Senator Ralston of the 51st:
A bill to create a board of commissioners of Gilmer County; to provide for the qualifications and elections of members; to provide for a chairperson; to provide for powers and duties and compensation and expenses of members; to provide additional powers for the chairperson; to provide for ordinances, rules, and regu lations; to provide for a clerk; to provide for purchases; to provide for the disposi tion of used property; to provide for an orderly transition of office.

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SB 230. By Senators Dean of the 31st, Ray of the 19th and Hill of the 4th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to provide statutory authority and to delineate uses for probation detention centers and probation diversion centers; to authorize a trial judge to require certain persons who have been sentenced to not less than one year on probation to complete satisfactorily a program of confinement in a probation detention center as a condition of pro bation.
SB 125. By Senator Edge of the 28th:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to the control and management of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide stricter guidelines governing the sale of contact lenses.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 188. By Senators Ray of the 19th and Walker of the 22nd:
A bill to amend Chapter IDA of Title 43 of the Official Code of Georgia Annotat ed, relating to professional counselors, social workers, and marriage and family therapists, so as to change certain training requirements.
SB 29. By Senators Isakson of the 21st, Ralston of the 51st, Edge of the 28th, Land of the 16th and Egan of the 40th:
A bill to amend Code Section 48-2-6 of the Official Code of Georgia Annotated, relating to the organization of the Department of Revenue and employees and compensation, so as to provide that the commissioner may contract with certain entities for the collection of delinquent taxes and that such contracts shall pro vide for compensation only on a commission or contingency fee basis.
SB 55. By Senators Johnson of the 1st and Oliver of the 42nd:
A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, so as to add a definition; to provide what constitutes such orders; to authorize such orders to be carried out by certain emergency medical services providers and health care personnel; to limit the duties and liability of certain health care providers and other health care facili ties.
SB 263. By Senators Broun of the 46th, Madden of the 47th, Starr of the 44th, Balfour of the 9th and Taylor of the 12th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for special license plates to commemorate the holding of the 1996 Paralympic Games in the City of Atlanta and the State of Georgia; to authorize the state revenue commissioner with the approval of the Fiscal Affairs Subcom mittees of the Senate and House of Representatives to negotiate and execute licensing agreements or other agreements for this purpose.

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SB 51. By Senators Langford of the 29th and Madden of the 47th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to revise the definition of premium; to au thorize the charging of a penalty with regard to the cancellation of policies under certain conditions; to clarify what shall be considered a nonrenewal with regard to certain property insurance policies.
SB 156. By Senators Clay of the 37th, Edge of the 28th, Cagle of the 49th, Burton of the 5th, Ralston of the 51st and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for public access to certain juvenile court hearings and records; to provide for fingerprinting and photographing of juveniles; to provide for the sharing and use of information on juvenile arrests and court proceedings between appropriate public and school agencies.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 111. By Senators Middleton of the 50th, Edge of the 28th, Madden of the 47th, Cagle of the 49th, Marable of the 52nd 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 redefine the term "vessel"; to create the crimes of homicide by vessel, feticide by vessel, and com mitting said crimes.
The House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
SR 159. By Senators Bowen of the 13th and Ragan of the llth:
A resolution authorizing the conveyance of certain state owned real property located in Colquitt County, Georgia.
SR 160. By Senators Bowen of the 13th and Ragan of the llth:
A resolution authorizing the conveyance of certain state owned real property located in Colquitt County, Georgia.
SR 67. By Senator Ralston of the 51st:
A resolution designating the Robert L. Brown Bridge.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 474. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act incorporating the City of Social Circle, as amended, so as to provide for a definition; to change the provisions relating to the election of the mayor and councilmembers of said city; to provide for council districts; to pro vide for terms of office; to change the provisions relating to qualifications for office; to provide for certain submissions.
Referred to Committee on State and Local Governmental Operations.

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SB 475. By Senators Clay of the 37th, Thompson of the 33rd and Isakson of the 21st: A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the additional supplement for the chief judge.
Referred to Committee on State and Local Governmental Operations.
SB 476. By Senator Abernathy of the 38th: A bill to require all public school buses employed by the Atlanta Board of Educa tion to be equipped with passenger seat belts; to provide for applicability.
Referred to Committee on State and Local Governmental Operations.
SR 304. By Senators Boshears of the 6th, Blitch of the 7th and Hill of the 4th: A resolution urging the Department of Corrections to designate smoking areas in outside locations in state correctional facilities.
Referred to Committee on Rules. The following bills of the House were read the first time and referred to committee:
HB 910. By Representative Crawford of the 129th: A bill to create the Pike County Livestock Facility Authority.
Referred to Committee on State and Local Governmental Operations.
HB 920. By Representative Holland of the 157th: A bill to amend an Act entitled "An Act to create a new charter for the City of Leesburg," so as to change the salary of the councilmembers and the mayor.
Referred to Committee on State and Local Governmental Operations.
HB 935. By Representatives Polak of the 67th, Ladd of the 59th, Sherrill of the 62nd and others: A bill to provide a homestead exemption for certain residents of DeKalb County from ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of certain local sales and use taxes.
Referred to Committee on State and Local Governmental Operations.
HB 936. By Representatives Wall of the 82nd and Johnson of the 84th: A bill to amend an Act incorporating the City of Lawrenceville, so as to deannex and exclude certain property from the corporate limits of such city.
Referred to Committee on State and Local Governmental Operations.
HB 937. By Representatives Mosley of the 171st and Smith of the 169th: A bill to amend an Act providing a new charter for the City of Blackshear, so as to change the corporate limits of the city.
Referred to Committee on State and Local Governmental Operations.

THURSDAY, MARCH 9, 1995

1219

HB 938. By Representatives Randall of the 127th, Lucas of the 124th, Reichert of the 126th and others:
A bill to amend an Act creating the Civil Court of Bibb County, so as to change the civil jurisdiction of such court.
Referred to Committee on State and Local Governmental Operations.
HB 944. By Representative Stancil of the 91st:
A bill to amend an Act creating the Board of Commissioners of Morgan County, so as to change the provisions relating to the compensation of the chairman.
Referred to Committee on State and Local Governmental Operations.
HB 945. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner.
Referred to Committee on State and Local Governmental Operations.
HB 946. By Representative Purcell of the 9th:
A bill to amend an Act creating a new charter for the City of Cleveland, so as to provide for procedures for appeals from police court.
Referred to Committee on State and Local Governmental Operations.
HB 949. By Representatives Wiles of the 34th, Barnes of the 33rd, Parsons of the 40th, and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the compensation of the chief investigator, the investiga tors, the chief assistant district attorney, and the assistant district attorneys.
Referred to Committee on State and Local Governmental Operations.
HB 950. By Representatives Watson of the 139th, Walker of the 141st and Floyd of the 138th: A bill to amend an Act providing a new charter for the City of Warner Robins, so as to change the corporate limits of said city.
Referred to Committee on State and Local Governmental Operations.
HB 970. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act establishing the State Court of Carroll County, so as to provide that the judge of such court shall be elected at nonpartisan general elec tions without a prior nonpartisan primary.
Referred to Committee on State and Local Governmental Operations.
HB 971. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act relating to the board of education and school superinten dent of the Carroll County School District, so as to provide that members of such board shall be elected at nonpartisan general elections without a prior nonparti san primary.
Referred to Committee on State and Local Governmental Operations.

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JOURNAL OF THE SENATE

HB 972. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to provide for the nomination and election of the chief magistrate of the Magistrate's Court of Carroll County in nonpartisan primaries and elections.
Referred to Committee on State and Local Governmental Operations.

HB 973. By Representatives Simpson of the 101st and Stallings of the 100th:

A bill to amend an Act entitled "An Act to provide for a special election to deter mine whether the members of the board of education of the Carroll County School district shall be elected rather than appointed," so as to provide for new education districts.

Referred to Committee on State and Local Governmental Operations.

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

Mr. President:
The Committee on Economic Development, Tourism and Cultural Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 271. Do pass.

HB 680. Do pass.

HB 419. Do pass.

Respectfully submitted, Senator Broun of the 46th District, Chairman

Mr. President: The Committee on Education has had under consideration the following bill of the
House and has instructed me to report the same back to the Senate with the following recommendation:
HB 128. Do pass.
Respectfully submitted, Senator Marable of the 52nd 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 369. Do pass.

HB 626. Do pass by substitute.

HB 579. Do pass.

HB 677. Do pass.

HB 595. Do pass.

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

Mr. President:

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

HB 240. Do pass.

HB 498. Do pass.

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1221

HB 495. Do pass by substitute. Respectfully submitted, Senator Oliver of the 42nd District, Chairman

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

HB 492. Do pass.

HB 520. Do pass by substitute.

HB 493. Do pass.

HB 610. 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 with the following recommendations:

HB 299. Do pass.

HB 563. Do pass.

HB 338. Do pass.

HB 655. Do pass.

Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President:
The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 459. Do pass.

SB 414. Do pass.

SB 463. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 543. Do pass.

HB 636. Do pass.

HB 417. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

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JOURNAL OF THE SENATE

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 557. Do pass as amended.
Respectfully submitted,
Senator Kemp of the 3rd District, Chairman

The following bills were read the second time:

HB 185

HB 336

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

Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy Blitch

Oliver Scott

Thomas

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator James of the 35th introduced the Westlake High School Concert Choir, who sang an inspirational song.
Senator Boshears of the 6th introduced the chaplain of the day, Reverend Peggy Ward Smith, pastor of Odum and Screven United Methodist Churches, Jesup, Georgia, who of fered scripture reading and prayer.

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The following communication was filed with the Secretary:
The State Senate Atlanta, Georiga 30334
Because I was detained in House Rules Committee this morning, I missed roll call.
Peg Blitch 7th District
The following resolutions were read and adopted:
SR 302. By Senators Dean of the 31st and Marable of the 52nd:
A resolution commending the Cass Middle School Junior Chamber of Com merce.
SR 303. By Senator Dean of the 31st:
A resolution commending the "4 Way Lunch".
SR 305. By Senators Egan of the 40th, James of the 35th, Edge of the 28th and others:
A resolution commending the Most Reverend John Francis Donoghue, Metropol itan Archbishop of Atlanta.
SR 306. By Senators Thompson of the 33rd, Hooks of the 14th, Taylor of the 12th and Bowen of the 13th:
A resolution commending the Georgia Emergency Management Agency.
SR 307. By Senators Thompson of the 33rd, Broun of the 46th, Hooks of the 14th and others:
A resolution commending the Department of Transportation.
Senator Thompson of the 33rd introduced various representatives on flood assistance, commended by SR 250, SR 252 and SR 280, adopted previously.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Thursday, March 9, 1995
THIRTY-FIFTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 459 Dean, 31st Marable, 52nd BARTOW COUNTY
Amend an Act providing for the Board of Education of Bartow County so as to change the composition of the education districts from which the members of the board are elected.

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SB 463 Gillis, 20th Ray, 19th LAURENS COUNTY
Amend an Act so as to provide for the redrawing of the district lines.

SB 414 Thompson, 33rd CITY OF AUSTELL
Amend an Act so as to adopt an official map of the corporate limits of the City of Austell.

HB 827 Farrow, 54th CATOOSA COUNTY

Amend an Act creating a board of utilities commissioners for Catoosa County, so as to add a provision which permits the board of utilities commissioners to elect to participate in a group health insurance plan selected by the members of the
board.

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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day Dean Edge Egan Farrow
Gillis

Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire
Middleton

Oliver Perdue Pollard Ragan Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Abernathy Cheeks

Henson Newbill

Ralston

On the passage of all the local bills, the yeas were 50, nays 1.
All the bills on the Senate Local Consent Calendar, having received the requisite con stitutional majority, were passed.

THURSDAY, MARCH 9, 1995

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SENATE RULES CALENDAR Thursday, March 9, 1995
THIRTY-FIFTH LEGISLATIVE DAY
HB 202 General Appropriations; FY 1995-96 (Substitute) (Approp--14th) Murphy-- 18th
HB 41 Insurance; surplus line brokers; amend provisions (Substitute) (I&L--29th) Williams--114th
HB 475 Tax exempt status of Stone Mountain Memorial Association; exception (Substi tute) (C Aff-- 55th) Henson--65th
HB 53 Legislative information; public distribution in electronic format (ST&I--37th) Grindly--35th
HB 431 Insurance; capital stock and surplus; revise requirements (I&L--29th) Culbreth--132nd
HB 328 State contracts; architectural and engineering firms; subscontractors (Substi tute) (Approp--41st) Watson--139th
HB 161 Special county 1 percent sales tax; sidewalks and bicycle paths (F&PU--44th) McBee--88th
HB 254 Diver's license; personal identification card; cancellation (Substitute) (Pub Saf-- 52nd) Parham--122nd
HB 454 Hospitalization for tuberculosis; amend provisions (H&HS--39th) Childers-- 13th
HB 220 Ratites; include in livestock definition (Ag--45th) Reaves--178th
HB 646 Children and Youth Services, Department of; contributions (H&HS--43rd) Sinkfield--57th
HB 266 Sheriffs' Retirement; cost of living increases (Ret--38th) Shanahan--10th
HB 553 Local government efficiency grant program; amend provisions (SLGO-G--10th) Walker--41st
HB 576 State Properties Commission; membership (F&PU--44th) Dobbs--92nd
HB 621 Georgia Land Sales Act; comprehensive revision (F&PU--21st) Skipper--137th
HB 622 Georgia Time-Share Act; comprehensive revision (F&PU--21st) Skipper-- 137th
HB 262 Individual and Family Support Act of 1995; enact (H&HS--25th) Childers-- 13th
HR 155 Floyd County; convey property (F&PU--52nd) Childers--13th
HR 261 Pine Mountain Trail; designate portion in honor of D. Neal Wickham (Nat R-- 28th) Buck--135th
HB 444 Jail officer in detention facility; training requirements (Pub Saf--13th) Twiggs--8th

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JOURNAL OF THE SENATE

HB 38 Income tax; corporate net income; apportionment formula (Substitute) (F&PU-- 54th) Buck--135th
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 6, 1995.)
HB 395 Practical nurse licensed in another state; license provisions (H&HS--10th) Connell--115th
HB 425 Bad Checks; service charge; debit account fraud; complaint costs (S Judy--28th) Chambless--163rd
HB 283 Trade practices; state of emergency; price increases (C Aff--25th) Snow--2nd
HB 466 Motor vehicles; security interest; rental price adjustment (B&FI--33rd) Wil liams--63rd
HB 178 Assistant District Attorneys; additional appointments; crime victims' advocate (Judy--12th) Baker--70th
HB 219 Retail installment contract or revolving account; delinquency charge (ST&I-- 27th) Watson--139th
HB 108 Homestead Option Sales Tax Act; enact (Substitute) (F&PU--21st) Ladd--59th
HB 171 Teachers or Regents Retirement; University System employees; 60 days to choose (Ret--5th) McBee--88th
HB 344 Real estate appraisers; classifications (ST&I--41st) Skipper--137th
HB 258 Landlord and tenant; demand for possession; housing authorities (S Judy-- 30th) Holmes--53rd
HB 139 Employees' Retirement; disability; terminated employee (Ret--10th) Cummings--27th
HB 399 Ad valorem tax; exempt certain fraternal benefit association (Substitute) (F&PU--44th) Smith--109th
HB 138 Firemen's Pension Fund; change reference (Ret--38th) Cummings--27th
HB 268 AIDS confidential information; disclosure to coroner (H&HS--10th) Orrock-- 56th
HB 136 Fiscal retirement bills; cost reduction amendments; actuarial study (Ret--5th) Cummings--27th Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee

THUESDAY, MARCH 9, 1995

1227

The following general bills were read the third time and put upon their passage:
HB 41. By Representatives Williams of the 114th and Harbin of the 113th:
A bill to amend Article 2 of Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to surplus lines insurance, so as to provide that surplus line brokers' certificates shall contain a general statement of the type of insurance purchased; to provide that surplus line brokers file quarterly affidavits and pay taxes on premiums billed by such surplus line brokers during the previous quar ter.
Senate Sponsor: Senator Langford of the 29th.
The Senate Committee on Insurance and Labor offered the following substitute to HB41:
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 conditions relative to the placement of surplus line insurance; to revise penalties for violations by surplus line brokers; to allow surplus line insurance to be placed with certain groups containing corporate underwriters under certain conditions; to provide that surplus line brokers' certificates shall contain a general statement of the kind and type of insurance purchased; to provide that surplus line brokers file quarterly affidavits and pay taxes on premiums paid to such surplus line brokers during the previous quarter; to revise requirements relating to reports of surplus line brokers; to provide that in cases where classification, premiums, or rates are not required to be filed with and ap proved by the Commissioner, the premiums and charges shall not be in excess of or less than those specified in the policy and, except for those coverages written in accordance with Chapter 5 of Title 33, relating to the regulation of unauthorized insurers and surplus line insurance, as fixed by the insurer; to allow credit for reinsurance ceded to groups of incor porated and individual unincorporated underwriters maintaining trust funds under certain conditions; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-5-21, relating to the authorization of procurement of surplus line insurance, and inserting in lieu thereof a new Code Section 33-5-21 to read as follows:
"33-5-21.
Surplus line insurance If the fall amount of insurance required to protect the interest of the-insmed uaimot be obtained from insurers who are authorized to do business in this state, the surplus amount, designated 'a& surplus line,' may be procured from unauthor ized insurers subject to the following conditions:
(1) The insurance must be procured through a licensed surplus line broker;
(2) The full amount, (it kind of insurance required to piuleet the insuied is not
^)1 0 C Lli' <1 DIfi, d.1 LS1" till1^6 ilt cl10 1't 1 lii.i> iJGGll 111 flflStO uO SO) 110til itillO 11^ tH6 JilSUfGi1 fe W110 ale clLiHiOl iZiSCl tO CF3.HS3-CI EH1Q. cLt'fi iiCLU-cill^ Wilting LJ.16 pftrtiCUrell* KJ.11CL iiiiu ClaSS 01
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K. tO liOt Icfefc Ii.tl3.il Liil'6^ SLLCii cmLll01'J,Z&Ct UlSUl'tiS Sn3.il L*ti CltifeiilcCi LO
effort may only be procured from insurers which meet the financial condition require ments of Code Section 33-5-25; ant!

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JOURNAL OF THE SENATE

(3) The insurance must not be piocured fur the purpose of seeming advantages either

as tu. insured or the insured's agent has made an effort to procure the desired insur

ance coverage or benefits from authorized insurers, but such effort has been unsuccess

ful in obtaining insurance coverage or benefits which are satisfactory to the insured;

and

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i'ciiiiLlili 1 cite tlifl.il WGU..IU u& tCC6J}Xcu Dy <ill Jilltliul iZciu lUSUrSlT, Oln

01 tliii iilSUl'SHC^ COiltl*lCti.
(4) The insurance shall not be procured under this chapter for personal passenger mo tor vehicle coverage or residential dwelling property coverage unless such insurance cannot be obtained from an authorized insurer."

SECTION 2.

Said title is further amended by striking Code Section 33-5-25, relating to the ascertain ment of the financial condition of an unauthorized insurer by a surplus line broker, and inserting in lieu thereof a new Code Section 33-5-25 to read as follows:
"33-5-25.
(a) The broker shall ascertain the financial condition of the unauthorized insurer before placing insurance with the unauthorized insurer and shall not place surplus line insur ance with any insurer who does not meet, according to current available reliable finan cial information, the requirements provided in subsection (b) of this Code section.
(b) The broker shall so insure only:
(1) With a foreign insurer having capital and surplus amounting to at least $3 million;
(2) With an alien insurer which has been established for at least ten years and which has at least $10 million in capital and surplus, unless the character, trustworthiness, and financial integrity of an alien insurer is of such a nature that it would be in the best interests of the policyholders and the general public to use such insurer in accord ance with standards prescribed by rules and regulations of the Commissioner; or
(3) With any group of foreign or alien individual underwriters, including, but not lim ited to, any Lloyd's group, or with any oilier similar unincorporated giuup of fuieign or alien individual insurers a group including incorporated and individual unincorpo rated underwriters, the incorporated members of which shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the level of solvency regulation and control by the group's domiciliary regulator as are the unincorporated members, if such group maintains a trust or security fund of at least ten million United States dollars as security to the full amount thereof for all policyholders and creditors in the United States of each member of the group; or
(4) With an insurer described in paragraph (1) or (2) of this subsection which annually furnishes to the broker a copy of the insurer's current annual statement.
(c) For any violation of this Code section, in addition tu any other penalty piuvided by law, the biukei's license shall be revoked and the broker shall nut. again be hu liueiihed within a period of two years thereafter a broker's license may be suspended or revoked as provided in Code Section 33-5-23."

SECTION 3.

Said title is further amended by striking subsection (a) of Code Section 33-5-27, relating to issuance to insured by broker of evidence of insurance, and inserting in lieu thereof a new subsection (a) to read as follows:
"(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, cuveidge, tuiiditions a general statement of the kind and

THURSDAY, MARCH 9, 1995

1229

type of insurance purchased, and the term of the insurance, the premium and date charged, taxes collected from the insured, and the name and address of the insured and the insurer. If the direct risk is assumed 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 4.
Said title is further amended by striking Code Section 33-5-29, relating to filing of quar terly affidavits by surplus line brokers, and inserting in lieu thereof a new Code Section 335-29 to read as follows:
"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 ui were due and payable to 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 remit ted with the surplus line broker's quarterly affidavit.
(b) In addition to the information required on the quarterly affidavit, each surplus line broker shall provide the Commissioner with such reports of its affairs and operations regarding insurance covering insured persons, resident or located in this state, for the last preceding calendar year ending 011 DeueuibtJi1 31 ur for other such periods of time as the Commissioner may require. These repuitb shall be made iii hucli foim and shall con tain any The Commissioner may require from surplus line brokers who are the custodi ans of relevant records of surplus line insurers reports containing such information as the Commissioner may by regulation or by order from time to-time prescribe which, as to product liability insurers, may include but shall not be required to be limited to the fol lowing information:
(1) The total number of product liability claims, 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 claims which were reported for the last preceding year; provided, however, the information on reserves shall be required to be maintained by the Commissioner in confidence, except that summaries of the combined totals of such reserves shall be subject 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 clas sified separately with respect to manufacturers, wholesalers or distributors, and retailers;
(5) The 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 respect to manufacturers, wholesalers or distributors, and retailers;

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JOURNAL OF THE SENATE

(6) The total number of insured persons, resident or located in this state, whose prod uct liability insurance coverage the insurer, with which the surplus line broker placed the coverage, canceled or refused to renew and the reasons therefor which must be classified 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 in formation must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers."
SECTION 5.
Said title is further amended by striking subsection (a) of Code Section 33-5-31, relating to payment by broker of tax for privilege of doing business, and inserting in lieu thereof a new subsection (a) to read as follows:
"(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 submitted, 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 to the surplus line broker during the preceding quarter, less return premiums and exclusive of sums col lected 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 6.
Said title is further amended by striking subparagraph (B) of paragraph (6) of Code Section 33-6-5, relating to unfair and deceptive practices in the business of insurance, and in serting in lieu thereof a new subparagraph (B) to read as follows:
"(B) No person shall knowingly collect as premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, which sum is specified in the policy in accordance with the applicable classifications and rates as filed with and approved by the Commissioner or, in cases where classifications, premi ums, or rates are not required by this title to be filed and approved, such premiums and charges shall not be in excess of or less than those specified in the policy and, except for those coverages written in accordance with Chapter 5 of this title, as fixed by the insurer. This subparagraph shall not be deemed to prohibit the charging and col lecting by surplus line brokers licensed under Chapter 5 of this title of the amount of applicable state and federal taxes in addition to the premium required by the insurer; nor shall it be deemed to prohibit the charging and collecting by a life or accident and sickness insurer of amounts actually to be expended for medical examination of an applicant for life or accident and sickness insurance or for reinstatement of a life or accident and sickness insurance policy."
SECTION 7.
Said title is further amended by striking subparagraph (a)(4)(A) of Code Section 33-7-14, relating to the reinsurance of risks, and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(4)(A) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which maintains a trust fund in a qualified United States financial institution, as defined in paragraph (2) of subsection (c) of this Code section, for the payment of the valid claims of its United States policyholders and ceding insurers, their assigns, and successors in interest. The assuming insurer shall report annually to the Commissioner information substantially the same as that required to be reported on the National Association of Insurance Commissioners Annual Statement form by licensed insurers to enable the

THURSDAY, MARCH 9, 1995

1231

Commissioner to determine the sufficiency of the trust fund. In the case of a single as suming insurer, the trust shall consist of a trusteed account representing the assuming insurer's liabilities attributable to business written in the United States and, in addition, the assuming insurer shall maintain a trusteed surplus of not less than $20 million. In the case of a group of including incorporated and individual unincorporated underwrit ers, the trust shall consist of a trusteed account representing the group's liabilities at tributable to business written in the United States and, in addition, the group shall maintain a trusteed surplus of which $100 million shall be held jointly for the benefit of United States ceding insurers of any member of the group; the incorporated members of the group shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the same level of solvency regulation and control by the group's domiciliary regulator as are the unincorporated members; and the group shall make available to the Commissioner an annual certification of the solvency of each un derwriter by the group's domiciliary regulator and its independent public accountants."
SECTION 8.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 9.
All laws and parts of laws in conflict with this Act are repealed.
Senator Isakson of the 21st offered the following amendment:
Amend the committee substitute to HB 41 by adding on line 20 of page 1 after the semico lon and before the word "to" the following:
"to provide for editorial revision;".
By striking lines 3 through 25 on page 7 and inserting in lieu thereof the following:
"(B) No person shall knowingly collect as premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, which sum is specified in the policy in accordance with the applicable classifications and rates as filed with and approved by the Commissioner. In ur, iu cases where classifi cations, premiums, or rates are not required by this title to be filed and approved:
(i) The premiums and charges for insurance, except insurance written in accordance with Chapter 5 of this title, snch premiums and chaiges shall not be in excess of or less than those specified in the policy and as fixed by the insurer; and
(ii) The premiums and charges for insurance written in accordance with Chapter 5 of this title shall not be in excess of or less than those specified in the policy!
This subparagraph shall not be deemed to prohibit surplus lines brokers licensed under Chapter 5 of this title from the charging and collecting by suiplus line biukBri licen&ed malm Chapter 0 uf tlUT title uf the amount of applicable state and federal taxes in addition to the premium required by the insurer; nor shall it be deemed to prohibit a life or accident and sickness insurer from the charging and collecting bya life 01 auckltmt and sicklier insurer of amounts actually to be expended for medical examination of an applicant for life or accident and sickness insurance or for rein statement of a life or accident and sickness insurance policy."
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Abernathy Balfour
Black Blitch
Boshears Bowen Broun of 46th Brown of 26th Burton
Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton
Griffin Guhl
Harbison Henson Hill Hooks Isakson
James Kemp Land Langford Madden Marable McGuire Middleton

Oliver Perdue
Pollard Ragan
Ralston Ray Scott Slotin Starr
Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Gochenour Johnson of 2nd

Johnson of 1st

Newbill

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 475. By Representatives Henson of the 65th, Lawrence of the 64th, Baker of the 70th and others:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks, so as to provide that certain facilities, services, and charges for the use of facilities and services of certain projects of the Stone Mountain Memorial Association shall not be exempt from and shall be subject to certain taxes.
Senate Sponsor: Senator Henson of the 55th.
The Senate Committee on Consumer Affairs offered the following substitute to HB 475:
A BILL
To be entitled an Act to amend Chapter 3 of Title 12 of the Official Code of Georgia Anno tated, relating to state parks, so as to provide that certain facilities, services, and charges for the use of facilities and services of certain projects of the Stone Mountain Memorial Association shall not be exempt from and shall be subject to certain taxes; to provide for expenditure of certain proceeds; to provide for reports; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks, is amended by striking Code Section 12-3-219, relating to tax exemptions regarding the Stone Mountain Memorial Association, and inserting in its place a new Code Section 12-3-219 to read as follows:

THURSDAY, MARCH 9, 1995

1233

"12-3-219.

(a) It is found, determined, and declared that the creation of the association and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and that the association is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this part. This Except as otherwise provided in subsection (b) of this Code section, this state covenants with the holders of the bonds that the association shall be required to pay no taxes or assessment upon any of the property acquired or leased by it under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the project erected by it, or upon any fees, rental, or other charges for the use of the facilities or services of the project, or upon other income re ceived by the association. Further, this state covenants that the bonds of the association, their transfer, and the income therefrom shall at all times be exempt from taxation from within the state.
(b)(l) Facilities, services, and charges for the use of facilities and services of any project owned or operated by the association shall not be exempt from and shall be subject to taxes under Article 3 of Chapter 13 of Title 48, notwithstanding any provision to the contrary in paragraph (1) of subsection (a) of Code Section 48-13-51, and shall not be exempt from and shall be subject to any taxes on alcoholic beverages under Title 3, the 'Georgia Alcoholic Beverage Code,' to the extent that either or both such taxes are levied.
(2) Notwithstanding any provision of paragraph (3) of subsection (a) of Code Section 4813-51 to the contrary:
(A) The association shall retain and not remit to the county or municipality levying such tax, in each fiscal year during which a tax is collected under paragraph (3) of subsection (a) of Code Section 48-13-51, an amount equal to the amount by which the total taxes collected under Code Section 48-13-51 exceed the taxes which would be collected at the rate of 3 percent;
(B) The association shall expend the funds retained for the purposes of promotion and advertising of the project operated under the jurisdiction of the association from which tEe money was collected or for similar purposes of promoting, advertising, stimulating, and developing conventions and tourism in the county or municipality in which the project is operated as long as said promotion or advertising prominently features the project operated under the jurisdiction of the association; ancT
(C) The association shall submit a report to the governing authority of the county or municipality levying such tax for each fiscal year during which a tax is collected under paragraph (3) of subsection (a) of Code Section 48-13-51 which report shall include the total funds retained by the association under this paragraph and the manner in which such funds were expended."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen

Broun of 46th Burton Cagle Cheeks Clay

Crotts Day Dean Edge Egan

1234

JOURNAL OF THE SENATE

Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson
James

Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard
Ragan

Ralston Ray Scott Slotin Starr Stokes Tanksley Thomas Thompson Tysinger Walker

Those not voting were Senators:

Abernathy Brown of 26th

Johnson of 2nd Johnson of 1st

Taylor Turner

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 53. By Representatives Grindley of the 35th, Klein of the 39th and Ehrhart of the 36th:
A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, and Chapter 25 of Title 50 of the Official Code of Georgia An notated, relating to the GeorgiaNet Authority, so as to provide for public distri bution of legislative information in electronic format.
Senate Sponsor: Senator Clay of the 37th.

Senator Clay of the 37th offered the following amendment:
Amend HB 53 by striking on Page 1, lines 24, 27, 30 & 32, and on Page 2, lines 16, 26, 29, 31 & 35 the word "shall" and inserting in lieu thereof the word "may".
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 vole was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen
Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Glanton Gochenour Griffin
Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st Kemp Land

Langford Madden Marable McGuire
Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr

THURSDAY, MARCH 9, 1995

1235

Stokes Tanksley Taylor

Thomas Thompson

Turner Tysinger

Those not voting were Senators:

Abernathy Black Brown of 26th

Gillis Johnson of 2nd

Middleton 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 431. By Representatives Culbreth of the 132nd and Lord of the 121st:

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

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears
Bowen Burton
Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow
Glanton

Gochenour Griffin Harbison Hooks
Isakson James
Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard
Ragan Ralston
Ray Scott Slotin Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Broun of 46th Brown of 26th Gillis

Guhl Henson Hill

Starr Stokes Walker

On 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 328. By Representative Watson of the 139th:
A bill to amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to change the provisions relating to the duty of the state auditor to maintain statistics on architectural and engi neering firms doing business with the state; to change the manner in which the amount of business awarded by the state is calculated.
Senate Sponsor: Senator Tysinger of the 41st.
The Senate Appropriations Committee offered the following substitute to HB 328:
A BILL
To be entitled an Act to amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to change the provisions relating to the duty of the state auditor to maintain statistics on architectural and engineering firms doing business with the Department of Transportation; to change the manner in which the amount of business awarded by the Department of Transportation is calculated; to provide that certain business awarded under Department of Transportation contracts shall be credited to subcontractors or joint-venture partners; to require the Department of Trans portation to furnish certain information to the state auditor; to delineate by gross value at time of award those contracts and subcontracts which the Department of Transportation shall be required to report to the state auditor; to provide for contracts outstanding under which all services have not been performed; 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.
Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, is amended by striking in its entirety Code Section 50-6-25, relating to the duty of the state auditor to maintain statistics on architectural and engineering firms doing business with the state, and inserting in lieu thereof a new Code Section 50-6-25 to read as follows:
"50-6-25.
(aXl) The state auditor shall maintain statistics on all architectural and engineering firms doing business with the various departments, agencies, and public corporations of the state, except the Department of Transportation which shall be governed by para graph (2) of this subsection. The statistics shall show the percentage of the total state business done by each such firm and shall be made available to the General Assembly and all departments, agencies, and public corporations of the state using architectural and engineering services. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis.
(2) The state auditor shall include in the statistics provided for in paragraph (1) of this subsection all architectural and engineering firms doing business with the Department of Transportation. The Department of Transportation shall report its architectural and engineering contracts to the state auditor in two divisions. In the first division, such department shall report those contracts which are under a gross value of $1 million at the time of execution by the total contract amount without accounting for any subcon tracts. In the second division, such department shall report those contracts with a gross value in excess of $1 million at the time of execution and shall report all subcon tracts thereunder which are in excess of $25,000.00 as further provided tor in this Code section. The statistics shall show the total percentage of state business done by each such firm and shall be made available to the General Assembly and the Department of Transportation. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis. With respect to any contract of the Department of Transportation in excess of $1 million with an architectural or engineering firm

THURSDAY, MARCH 9, 1995

1237

which awards a portion of the business in an amount in excess of $25,000.00 under such contract to one or more subcontractors or joint-venture partners, such depart^ ment shall report to the state auditor the amount of each subcontractor or joint-ven^ ture partner with that portion of the business awarded to such subcontractor or jointventure partner and such amounts shall not be listed or included as business of the Department of Transportation awarded to the architectural or engineering firm receiv ing the state contract. The architectural or engineering firm shall report to the Depart^
by ! the amount ofbusiness in excess of $25,000.00 under an anticipateeddccontract which the contractor intends to award to any subcontractor or joint-venture partner and, after verification that the information reported is correct, the Department of Transportation snail furnish such information to the state auditor. The state auditor shall revise the statistics with respect to architectural and engineering firms currently doing business with the Department of Transportation with respect to contracts outstanding on the effective date of this Code section under which all services have not been performed by such architectural and engineering firms in satisfaction of the contract. Such revised statistics shall be computed in accordance with the provisions of this subsection credit ing subcontractors and joint-venture partners with business awarded to them and pro viding that such amounts credited shall not be listed or included as business of the state awarded to the architectural or engineering firm receiving the state contract. Such revised statistics shall be provided by the contractor within 60 days of the effec tive date of this Code section and, after such time, the state auditor shall not be re quired to revise such statistics^
(b) Any architectural or engineering firm which has received more then 10 percent of the total awarded for such services by the departments, agencies, and public corporations of the state during any period of 36 months, as calculated pursuant to the provisions of subsection (a) of this Code section and shown by the statistics of the state auditor, shall be ineligible to contract with any department, agency, or public corporation of the state until the firm, during any period of 36 months, has been awarded less than 10 percent of the total awarded for such services; provided, however, that any architectural or engi neering firm may contract with the Department of Transportation for not more than 30 percent of the total awarded for such services, 10 percent for transportation purposes, and 20 percent for tollway purposes."

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 41, nays 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 Blitch Boshears Bowen Broun of 46th Burton Cagle

Cheeks Clay Crotts Day Edge Egan Farrow

Glanton Gochenour Griffin Guhl Harbison Henson Hill

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JOURNAL OF THE SENATE

Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Langford Madden Marable

McGuire Middleton Oliver Perdue Pollard Ragan Ralston Ray

Slotin Starr Stokes Tanksley Taylor Thomas Thompson Tysinger

Those not voting were Senators:

Abernathy Black Brown of 26th Dean

Gillis Land Newbill

Scott Turner 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 161. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special county 1 percent sales and use tax, so as to pro vide that the proceeds of such tax may be used for acquisition of rights of way for, construction of, and renovation and improvement of sidewalks and bicycle paths.
Senate Sponsor: Senator Starr of the 44th.

Senator Starr of the 44th offered the following amendment:
Amend HB 161 by inserting between "tax;" and "to" on line 18 of page 1 the following:
"to amend Code Section 50-17-29 of the Official Code of Georgia Annotated, relating to pledges, authorizations, and exemptions regarding certain state debt, so as to provide that such exemptions shall not apply to certain local taxes;".
By redesignating Sections 6 and 7 as Sections 7 and 8.
By inserting between lines 26 and 27 on page 4 the following:
"SECTION 6.
Code Section 50-17-29 of the Official Code of Georgia Annotated, relating to pledges, autho rizations, and exemptions regarding certain state debt, is amended by striking subsection (e) and inserting in its place a new subsection (e) to read as follows:
'(e) Exemption from taxation.
(1) Except as otherwise provided in paragraph (2) of this subsection, no No city, county, municipality, or other political subdivision of this state shall impose any tax, assess ment, levy, license fee, or other fee upon any contractors or subcontractors as a condi tion to or result of the performance of a contract, work, or services by such contractors or subcontractors in connection with any project being constructed, repaired, remod eled, enlarged, serviced, or destroyed for, or on behalf of, the state or any of its agen cies, boards, bureaus, commissions, and authorities; nor shall any city, county, municipality, or other political subdivision of this state include the contract price of or value of such contract, work, or services performed on such projects in computing the amount of any tax, assessment, levy, license fee, or other fee authorized to be imposed on any contractors or subcontractors.

THURSDAY, MARCH 9, 1995

1239

(2) The exemption provided for in paragraph (1) of this subsection shall not apply to any local sales tax, local use tax, or local sales and use tax which is levied and imposed m 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 pursu ant to Article 2 of Chapter 8 of Title 48; or by or pursuant to Article 3 of Chapter 8 of Title 48."
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Day Dean Edge Egan Farrow
Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Isakson James
Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Pollard Ragan Ralston Ray Scott Slotin
Starr Stokes Tanksley Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Crotts Hooks

Perdue

Thompson

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

The following bill was taken up to consider House action thereto:

SB 51. By Senators Langford of the 29th and Madden of the 47th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to revise the definition of premium; to au thorize the charging of a penalty with regard to the cancellation of policies under certain conditions; to clarify what shall be considered a nonrenewal with regard to certain property insurance policies.

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 generally, so as to provide that the term "adjuster" does not include a salaried

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JOURNAL OF THE SENATE

employee of an insurer who adjusts claims; to provide that a regular salaried officer or employee of an insurer or of an agent or subagent who performs only clerical or administra tive services in connection with any insurance transaction and who is not involved in solic iting insurance or signing or countersigning contracts shall not be considered an agent, subagent, counselor, or adjuster; to revise the definition of premium; to authorize the charging of a penalty on the refund of unearned premium with regard to the cancellation of policies under certain conditions; to clarify what shall be considered a nonrenewal with regard to certain property insurance policies; to provide that individual accident and sick ness insurance policies and group or blanket accident and sickness insurance policies shall be required to provide basic coverage for child wellness services for any insured child from birth through the age of five years; to authorize the Commissioner of Insurance to define child wellness services by regulation; to authorize certain limitations in such coverage; to provide that such coverage shall not be subject to deductibles; to provide for construction; to provide for applicability; to provide for information concerning the cost of such coverage to be supplied to the members of the General Assembly; to provide that when a check or money order issued in payment of certain types of motor vehicle insurance policies is dis honored, the coverage may be cancelled as provided in Code Section 33-24-44; to provide that acceptance of an instrument which is so dishonored shall constitute compliance with prepayment requirements; to provide for matters relative to the foregoing; to provide effec tive dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking paragraph (1) of subsection (a) of Code Section 33-23-1, relating to definitions of terms applicable to licensing of insurance agents, subagents, counselors, and adjusters, and inserting in lieu thereof a new paragraph (1) of subsection (a) to read as follows:
"(1) 'Adjuster' means any person who for a fee, commission, salary, or other compensation investigates, settles, or adjusts and reports to his or her employer or principal with re spect to claims arising under insurance contracts on behalf of the insurer or the insured or a person who directly supervises or manages such person. The term 'adjuster' does not include:
(A) Persons who adjust claims arising under contracts of life or marine insurance or annuities; or
(B) An agent or a salaried employee of an agent or a salaried employee of an insurer who adjusts or assists in adjusting losses under policies issued by such agent or insurer."
SECTION 2.
Said title is further amended by striking in its entirety paragraph (1) of subsection (b) of said Code section and inserting in lieu thereof a new paragraph (1) of subsection (b) to read as follows:
"(1) Any regular salaried officer or employee of an insurer or of an agent or subagent who performs only clerical or administrative services in connection with any insurance trans action so long as such person is not involved in soliciting insurance; or signing or counter signing contracts, 01 receiving premiums;".
SECTION 3.
Said title is further amended by striking paragraph (2) of Code Section 33-24-1, relating to definitions, and inserting in lieu thereof the following:
"(2) 'Premium' means the consideration for insurance, by whatever name called. Any as sessment, or any membership, policy, survey, inspection, service, or similar fee or charge

THURSDAY, MARCH 9, 1995

1241

in consideration for an insurance contract is deemed part of the premium. The term 'pre mium' shall not include any amount deposited and held for the account of the insured which is returnable upon cancellation of the insurance contract and upon which no com mission has been paid.1'
SECTION 4.
Said title is further amended by adding a new subsection (g) to Code Section 33-24-44, relating to cancellation of insurance policies generally, to read as follows:
"(g) Any unearned premium which has been paid by the insured may be refunded to the insured on other than a pro rata basis if:
(1) The cancellation results from failure of the insured to pay, when due, any premium to the insurer or any amount, when due, under a premium finance agreement;
(2) The policy contains language which specifies that a penalty may be charged on unearned premium; and
(3) The method of computing such penalty is filed with the Commissioner in accord ance with Chapter 9 of this title."
SECTION 5.
Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 3324-46, relating to the cancellation or nonrenewal of certain property insurance policies, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) "Nonrenewal' or 'nonrenewed' means a refusal by a insurer or an affiliate of an in surer to renew. Failure of an insured to pay the premium as required of the insured for renewal after the insurer has manifested a willingness to renew by delivering a renewal policy, renewal certificate, or other evidence of renewal to the named insured or his or her representative or has offered to issue a renewal policy, certificate, or other evidence of renewal or has manifested such intention by any other means shall not be construed to be a nonrenewaT"
SECTION 6.
Said title is further by adding immediately following Code Section 33-29-3.2, relating to coverage for mammograms, Pap smears, and prostate specific antigen tests in individual policies of accident and sickness insurance, a new Code Section 33-29-3.3 to read as follows:
"33-29-3.3.
(a) As used in this Code section, the term:
(1) 'Child wellness services' means the periodic review of a child's physical and emo tional status conducted by a physician or conducted pursuant to a physician's supervi sion, but shall not include periodic dental examinations or other dental services. The review shall include a medical history, complete physical examination, developmental assessment, appropriate immunizations, anticipatory guidance for the parent or par ents, and laboratory testing in keeping with prevailing medical standards.
(2) 'Policy" means any health benefit plan, contract, or policy except a disability income policy, specified disease policy, or hospital indemnity policy.
(b) Every insurer authorized to issue an individual accident and sickness policy in this state shall include, either as a part of or as a required endorsement to each such policy issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1995, basic coverage for child wellness services for an insured child from birth through the age of five years. Any such policy may provide that the child wellness services which are rendered during a periodic review shall only be covered to the extent that such services are provided by or under the supervision of a single physician during the course of one visit. The Commissioner shall define by regulation the basic coverage for child wellness services and shall consider the current recommendations for preventive pediatric health

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JOURNAL OF THE SENATE

care by the American Academy for Pediatrics, prevailing medical standards, and any other relevant data or information in the promulgation of such regulation.
(c) The coverage required under subsection (b) of this Code section may be subject to exclusions, reductions, or other limitations as to coverages or coinsurance provisions as may be approved by the Commissioner, but shall not be subject to deductibles.
(d) Nothing in this Code section shall be construed to prohibit the issuance of individual accident and sickness policies which provide benefits greater than those required by sub section (b) of this Code section or more favorable to the insured than those required by subsection (b) of this Code section.
(e) The provisions of this Code section shall apply to individual basic or major medical accident and sickness insurance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care corpo ration, a health maintenance organization, or any similar entity.
(f) Nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applica ble to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of Chapter 30 of this title, relating to preferred provider arrangements.
(g) Beginning July 1, 2000, the Commissioner shall conduct a review of the cost associ ated with the coverage required by this Code section and shall provide the members of the General Assembly with such information not later than December 31, 2000."
SECTION 7.
Said title is further amended by adding immediately following Code Section 33-30-4.3, re lating to utilization of mail-order pharmaceutical distributors in policies, plans, contracts, or funds, a. new Code Section 33-30-4.4 to read as follows:
"33-30-4.4.
(a) As used in this Code section, the term:
(1) 'Child wellness services' means the periodic review of a child's physical and emo tional status conducted by a physician or conducted pursuant to a physician's supervi sion, but shall not include periodic dental examinations or other dental services. The review shall include a medical history, complete physical examination, developmental assessment, appropriate immunizations, anticipatory guidance for the parent or par ents, and laboratory testing in keeping with prevailing medical standards.
(2) 'Policy' means any health benefit plan, contract, or policy except a disability income policy, specified disease policy, or hospital indemnity policy.
(b) Every insurer authorized to issue a group or blanket accident and sickness policy in this state shall include, either as a part of or as a required endorsement to each such policy issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1995, basic coverage for child wellness services for an insured child from birth through the age of five years. Any such policy may provide that the child wellness services which are rendered during a periodic review shall only be covered to the extent that such serv ices are provided by or under the supervision of a single physician during the course of one visit. The Commissioner shall define by regulation the basic coverage for child wellness services and shall consider the current recommendations for preventive pediatric health care by the American Academy for Pediatrics, prevailing medical standards, and any other relevant data or information in the promulgation of such regulation.
(c) The coverage required under subsection (b) of this Code section may be subject to exclusions, reductions, or other limitations as to coverages or coinsurance provisions as may be approved by the Commissioner, but shall not be subject to deductibles.
(d) Nothing in this Code section shall be construed to prohibit the issuance of group or blanket accident and sickness policies which provide benefits greater than those required

THURSDAY, MARCH 9, 1995

1243

by subsection (b) of this Code section or more favorable to the insured than those re quired by subsection (b) of this Code section.
(e) The provisions of this Code section shall apply to group or blanket accident and sick ness insurance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care corporation, a health maintenance organization, or any similar entity.
(f) Nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applica ble to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of this chapter, relating to pre ferred provider arrangements.
(g) Beginning July 1, 2000, the Commissioner shall conduct a review of the cost associ ated with the coverage required by this Code section and shall provide the members of the General Assembly with such information not later than December 31, 2000."

SECTION 8.

Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 3334-3, relating to requirements concerning issuance of motor vehicle insurance policies, and inserting in its place a new paragraph (4) of subsection (a) to read as follows:
"(4) (A) No insurer shall issue a policy of motor vehicle liability insurance without requir ing advance payment for the first 60 days of coverage. Insurers may rely on the insured's statements in the policy application for the purpose of calculating the initial payment required by this paragraph. This paragraph shall not apply to any renewal or continua tion of a policy, to any replacement of a policy where there is no lapse of coverage, or to any personal automobile policy issued in connection with an employer-sponsored payroll deduction plan. This paragraph shall apply only to personal automobile or family-type automobile liability insurance policies.
(B) If an insurer, agent, or premium finance company collects such 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 subparagraph (A) of this paragraph and may, thereafter, cancel for nonpayment of premium as provided in Code Section 33-24-44."

SECTION 9.

(a) Except as 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, 3, 4, 5, 6, 7, and 8 of this Act shall become effective on July 1, 1995.

SECTION 10.

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 51.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen
Broun of 46th Brown of 26th

Burton Cagle Cheeks Clay Crotts Dean
Edge Egan

Farrow Gillis Glanton Gochenour Griffin Guhl
Harbison Henson

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JOURNAL OF THE SENATE

Hill
Hooks Isakson
James Johnson of 2nd Johnson of 1st
Kemp Land Langford

Madden
Marable McGuire
Middleton Newbill Perdue
Pollard Ragan Ralston

Ray
Slotin Starr
Stokes Tanksley Taylor
Thompson Turner Tysinger

Voting in the negative was Senator Day.

Those not voting were Senators:

Oliver Scott

Thomas

Walker

On the motion, the yeas were 51, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 51.
The Calendar was resumed.

HB 254. By Representative Parham of the 122nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide authority for the cancellation of personal identification cards; to limit the number of personal identification cards that may be held by a person to one; to provide sanctions for the unlawful use of a driver's license.
Senate Sponsor: Senator Marable of the 52nd.

The Senate Public Safety Committee offered the following substitute to HB 254:
A BILL
To be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to change the definition of the term "resident"; to provide that notice of a change of name or address and application for a new license is mandatory; to provide authority for the cancellation of personal identification cards; to limit the number of personal identification cards that may be held by a person to one; to provide sanctions for the unlawful use of a driver's license; 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 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking paragraph (15) of Code Section 40-5-1 of the Official Code of Georgia Annotated, relating to definitions relative to drivers' licenses, in its entirety and inserting in lieu thereof the following:
"(15) 'Resident' means a person who has a permanent home or abode in Georgia to which, whenever such person is absent, he or she has the intention of returning. For the pur poses 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 private or public schools of Georgia within ten days after the commencement of such employment or education; or

THURSDAY, MARCH 9, 1995

1245

(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, rehl-
CISlit HI1611, ctn a.11tiii Witll LJ .o. llllllii^i'eiLiOii eiilCl IN cltill1 til IZflLlGlio61*ViC^ filll^ilOyiilcilt/ ciULliGriZcLLlOii OP clii ctlicil pl'SSUIHGCl LO DO I'tiSlCllll^ 111. LllC LJlllLtiCl kbtcltiiS UllClt;! COlGl* Or
taw or an alien with legal authorization from the U.S. Immigration and Naturalization Service."
SECTION 2.
Said chapter is further amended by striking Code Section 40-5-33, relating to providing notice to the Department of Public Safety of a name or address change, in its entirety and inserting in lieu thereof the following:
"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 shall apply to the department for a license showing the correct name or address within 60 days. Failure to change the name or address shall not deem the license invalid."
SECTION 3.
Said chapter is further amended by striking Code Section 40-5-50, relating to the authority of the Department of Public Safety to cancel a driver's license, in its entirety and inserting in lieu thereof a new Code Section 40-5-50 to read as follows:
"40-5-50.
The department is authorized to cancel any driver's license or personal identification card issued by the Department of Public Safety pursuant to Code Section 40-5-100 upon determining that the licensee holder of such license or identification card was not enti tled to the issuance thereof under this chapter or thai Hie licensee failed to give the required or correct information in his the application for such license or identification card."
SECTION 4.
Said chapter is further amended by adding at the end of Code Section 40-5-100, relating to issuance of identification cards, a new subsection (c) to read as follows:
"(c) No person may possess more than one identification card issued pursuant to this Code section; provided, however, that this subsection shall not be construed to prevent a resident of this state who possesses a driver's license from also possessing an identifica tion card issued under this article. Each applicant for an identification card shall surren der any identification card or driver's license previously issued by any other state and any identification card previously issued by this state. Willful failure to surrender any such previous driver's license or personal identification card upon application for a new personal identification card will be considered an act of fraud and upon conviction, be punished as provided for in Code Section 40-5-125."
SECTION 5.
Said chapter is further amended by striking Code Section 40-5-120, relating to the unlaw ful use of a license, in its entirety and inserting in lieu thereof a new Code Section 40-5-120 to read as follows:

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JOURNAL OF THE SENATE

"40-5-120.

It is a misdemeanor for any person to:
(1) Display To display or cause or permit to be displayed or have in his or her posses sion any canceled, revoked, or suspended, fictitious, or fraudulently altered driver's license or personal identification card issued pursuant to Code Section 40-5-100;
(2) Fail To fail or refuse to surrender to the department upon lawful demand any driver's license or personal identification card issued pursuant to Code Section 40-5100 which has been suspended, revoked, disqualified, or canceled;
(3) Permit To permit any unlawful use of a driver's license or personal identification card issued pursuant to Code Section 40-5-100 issued to him such personfor
(4) Do To do any act forbidden or fail to perform any act required by this chapter for which" a criminal sanction is not provided elsewhere in this chapter."

SECTION 6.

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

SECTION 7.

All laws and parts of laws in conflict with this Act are repealed.
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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Gochenour and Scott.

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

THURSDAY, MARCH 9, 1995

1247

HB 454. By Representatives Childers of the 13th, Skipper of the 137th, Perry of the llth and others:

A bill to amend Chapter 14 of Title 31 of the Official Code of Georgia Annotated, relating to hospitalization for tuberculosis, so as to change the provisions re garding petitions for commitment; to change the provisions regarding hearings on the petition and provide for rights and costs of counsel.
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:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Dean Edge Egan Farrow Gillis

Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Cheeks Day

Glanton Henson Johnson of 2nd

Newbill Scott

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

HB 220. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th and others:
A bill to amend the Official Code of Georgia Annotated, so as to provide that ratites are livestock for the purposes of certain laws of this state; to amend Title 1 of the Official Code of Georgia Annotated, relating to general provisions of law, so as to change a definition; to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change provisions relating to marks, brands, and tattoos and registration and certificates related thereto.
Senate Sponsor: Senator Guhl of the 45th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1248

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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th
Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill
Hooks Isakson James Johnson of 1st Kemp Land Madden Marable McGuire

Middleton Newbill Oliver Pollard Ragan Ralston Ray Scott
Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Johnson of 2nd Langford

Perdue

Walker

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 646. By Representatives Sinkfield of the 57th and McBee of the 88th:

A bill to amend Code Section 49-4A-7 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Children and Youth Serv ices, so as to provide for solicitation, acceptance, and use of donations, contribu tions, and gifts by the department; to provide that grants, devises, and bequests of property may be held by the department on behalf of the state.
Senate Sponsor: Senator Stokes of the 43rd.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean

Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hooks Isakson James Johnson of 1st

Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray

THURSDAY, MARCH 9, 1995

1249

Scott Slotin Stokes

Tanksley Thomas Thompson

Those not voting were Senators:

Day

Johnson of 2nd

Hill

Starr

Turner Tysinger
Taylor Walker

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

HB 202. 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, 1995 and ending June 30, 1996.
Senate Sponsor: Senator Hooks of the 14th.

Senator Hooks of the 14th moved that language amendments not be allowed in Budget, based on the Attorney General's ruling.

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

Those voting in the affirmative were Senators:

Abernathy Blitch Bowen Broun of 46th Brown of 26th Dean Farrow Gillis Griffin Harbison Henson Hill

Hooks Johnson of 2nd Johnson of 1st Kemp Langford Madden Marable Middleton Oliver Perdue Pollard

Ragan Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Balfour Black Boshears Burton Cagle Clay Crotts

Day Edge Egan Glanton Gochenour Guhl Isakson

Land McGuire Newbill Ralston Tanksley Tysinger

Not voting were Senators Cheeks and James.

On the motion, the yeas were 34, nays 20; the motion prevailed.
The Senate Committee on Appropriations offered the following substitute to HB 202:
A BILL
To be entitled an Act to make and provide appropriations for the State Fiscal Year begin ning July 1, 1995, and ending June 30, 1996; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, in stitutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and

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JOURNAL OF THE SENATE

undertakings authorized by law, and for all leases, contracts, agreements, and grants au thorized by law; to provide for the control and administration of funds; to provide an effec tive 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, 1995, and ending June 30, 1996, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $10,134,000,000 (ex cluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1996.

PARTI.
LEGISLATIVE BRANCH
Section 1. General Assembly. Budget Unit: General Assembly................................... $24,378,976 Personal Services--Staff ....................................... $12,892,417 Personal Services--Elected Officials .............................. $3,693,265 Regular Operating Expenses .................................... $2,612,366 Travel--Staff.................................................... $86,500 Travel--Elected Officials .......................................... . $7,000 Capital Outlay........................................................ $0 Equipment ..................................................... $222,000 Computer Charges .............................................. $538,000 Real Estate Rentals ............................................... $5,000 Telecommunications ............................................. $667,000 Per Diem, Fees and Contracts--Staff............................... $93,970 Per Diem, Fees and Contracts--Elected Officials ................... $2,333,658 Photography..................................................... $95,000 Expense Reimbursement Account ................................ $1,132,800 Total Funds Budgeted ........................................ .$24,378,976 State Funds Budgeted ......................................... $24,378,976

Senate Functional Budgets Total Funds

Senate and Research Office

$ 3,607,475

Lt. Governor's Office

$

769,307

Secretary of the Senate's Office

$ 1,106,854

Total

$ 5,483,636

State Funds

3,607,475

$

769,307

$ 1,106,854

$ 5,483,636

House Functional Budgets Total Funds

House of Representatives and Research Office

$ 9,476,911

Speaker of the House's Office

$

543,191

Clerk of the House's Office

$ 1,393,107

Total

$ 11,413,209

State Funds

$ 9,476,911

$

543,191

$ 1,393,107

$ 11,413,209

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office

Joint Functional Budgets Total Funds

$ 2,476,000

$ 2,221,625

$

938,800

State Funds

$ 2,476,000

$ 2,221,625

$

938,800

THURSDAY, MARCH 9, 1995

1251

Ancillary Activities Total

$ 1,845,706 $ 1,845,706 $ 7,482,131 $ 7,482,131

For compensation, expenses, mileage, allowances, travel and benefits for members, of ficials, 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 Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, 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 refur bishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legisla tive office space, committee rooms, or staff support service areas in any State-owned build ing 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 Leg islative 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 notwith standing, 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 expen diture 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 .............................. .$17,939,253
Personal Services .............................................$14,995,953
Regular Operating Expenses ..................................... $438,520
Travel ......................................................... $521,450
Motor Vehicle Purchases ......................................... $137,535
Equipment ...................................................... $39,800
Real Estate Rentals ............................................. $869,790
Per Diem, Fees and Contracts ..................................... $69,850
Computer Charges .............................................. $728,230
Telecommunications ............................................. $138,125
Total Funds Budgeted ........................................ .$17,939,253
State Funds Budgeted ........................................ .$17,939,253

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PART II
JUDICIAL BRANCH
Section 3. Judicial Branch. Budget Unit: Judicial Branch..................................... $72,329,722 Personal Services ............................................. $10,620,212 Other Operating .............................................. $60,032,371 Prosecuting Attorney's Council................................... $1,985,093 Council of Superior Court Judges ................................. $333,282 Judicial Administrative Districts ................................. $1,236,394 Georgia Magistrate Courts Training Council ....................... $148,098 Georgia Municipal Courts Training Council ......................... $14,450 Case Counting ................................................... $76,500 Board of Court Reporting ........................................ $136,281 Payment to Council of Magistrate Court Judges ..................... $25,835 Payment to Council of Probate Court Judges ........................ $20,450 Payment to Council of State Court Judges .......................... $12,050 Payment to Council of Superior Court Clerks ........................ $31,040 Payment to Resource Center ..................................... $300,000 Computerized Information Network ............................... $683,800 Total Funds Budgeted ........................................ .$75,655,856 State Funds Budgeted ........................................ .$72,329,722

Judicial Branch Functional Budgets Total Funds

Supreme Court

$ 5,891,923

Court of Appeals

$ 6,976,555

Superior Court

$ 54,568,328

Juvenile Court

$ 1,088,297

Institute of Continuing Judicial Education

$

698,379

Judicial Council

$ 1,709,843

Judicial Qualifications Commission

$

151,654

Indigent Defense Council

$ 2,850,000

Georgia Courts Automation Commission

$ 1,500,228

Georgia Office Of Dispute Resolution

$

220,649

Total

$ 75,655,856

State Funds

$ 5,294,630

$ 6,926,555

$ 51,954,487

$ 1,088,297

$

698,379

$ 1,644,843

$

151,654

$ 2,850,000

$ 1,500,228

$

220,649

$ 72,329,722

Section 4. Department of Administrative Services A. Budget Unit: Department of Administrative Services ............. .$38,506,966
Personal Services ............................................. $43,693,167 Regular Operating Expenses .................................. .$12,822,918 Travel ......................................................... $369,633 Motor Vehicle Purchases ......................................... $322,960 Equipment .................................................... $1,747,682 Computer Charges ........................................... .$17,025,849 Real Estate Rentals ............................................ $3,273,100 Telecommunications ............................................ $2,825,869 Per Diem, Fees and Contracts ................................... $2,242,890 Rents and Maintenance Expense ................................ $11,737,750 Utilities.............................................................. $0 Payments to DOAS Fiscal Administration......................... $2,750,000 Direct Payments to Georgia Building Authority for Capital
Outlay ....................................................... $250,000

THURSDAY, MARCH 9, 1995

1253

Direct Payments to Georgia Building Authority for Operations ................................................... $710,000
Telephone Billings ........................................... .$56,559,700 Radio Billings .................................................. $896,550 Materials for Resale ........................................... $22,000,000 Public Safety Officers Indemnity Fund............................. $250,000 Health Planning Review Board Operations .......................... $35,000 Payments to Aviation Hall of Fame ................................ $48,500 Payments to Golf Hall of Fame .................................... $75,000 Total Funds Budgeted ....................................... .$179,636,568 State Funds Budgeted ......................................... $38,506,966

Departmental Functional Budgets Total Funds

State Funds

Executive Administration

1,414,763

626,881

Departmental Administration

3,147,170

3,018,658

Statewide Systems

12,670,694

9,920,694

Space Management

505,789

505,789

Procurement Administration

2,903,568

2,903,568

General Services

559,815

0

Central Supply Services Data Processing Services

$ 18,520,896 43,074,138

0 14,048,279

Motor Vehicle Services

4,242,399

0

Communication Services

77,489,742

5,850,000

Printing Services

7,025,210

0

Surplus Property

2,350,042

0

Mail and Courier Services

1,268,165

0

Risk Management

2,645,168

250,000

State Properties Commission

$

472,143

472,143

Distance Learning and Telemedicine

0

0

Office of the Treasury

945,464

614,552

State Office of Administrative Hearings

401,402

296,402

Total

$ 179,636,568 i 38,506,966

B. Budget Unit: Georgia Building Authority ..................... ........ $0 Personal Services ............................................. $20,693,382 Regular Operating Expenses .................................... $5,215,176 Travel .......................................................... $27,000 Motor Vehicle Purchases ......................................... $359,000 Equipment ..................................................... $321,850 Computer Charges .............................................. $124,100 Real Estate Rentals .............................................. $15,071 Telecommunications ............................................. $188,513 Per Diem, Fees and Contracts .................................... $255,000 Capital Outlay.................................................. $250,000 Utilities....................................................... $9,000,000 Contractual Expense ............................................. $80,000 Facilities Renovations and Repairs ...................................... $0 Total Funds Budgeted ......................................... $36,529,092 State Funds Budgeted ................................................. $0

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Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

Departmental Functional Budgets Total Funds

$ 1,626,249

$ 5,638,802

$ 4,640,092

$ 6,667,136

$

380,794

$ 4,005,645

$ 13,570,374

$

0

$

0

$ 36,529,092

State Funds

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

Section 5. Agency for the Removal of Hazardous Materials. Budget Unit: Agency for the Removal of Hazardous Materials ......... $114,727 Personal Services ................................................ $95,527 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 ........................................... $114,727 State Funds Budgeted ........................................... $114,727

Section 6. Department of Agriculture. A. Budget Unit: Department of Agriculture ......................... $36,497,215
Personal Services ............................................. $31,244,822 Regular Operating Expenses .................................... $4,530,070 Travel ......................................................... $959,114 Motor Vehicle Purchases ......................................... $626,192 Equipment ..................................................... $447,575 Computer Charges .............................................. $450,000 Real Estate Rentals ............................................. $814,475 Telecommunications ............................................. $412,585 Per Diem, Fees and Contracts .................................... $990,107 Market Bulletin Postage ......................................... $946,000 Payments to Athens and Tifton Veterinary Laboratories ............ $2,591,940 Poultry Veterinary Diagnostic Laboratories in Canton,
Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe ......................................... $2,535,464 Veterinary Fees ................................................. $412,000 Indemnities .................................................... $100,000 Advertising Contract ............................................ $175,000 Payments to Georgia Agrirama Development Authority for Operations ................................................... $690,000 Payments to Georgia Development Authority ........................ $56,800 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets .................................. $0 Capital Outlay........................................................ $0

THURSDAY, MARCH 9, 1995

1255

Contract--Federation of Southern Cooperatives...................... $40,000 Boll Weevil Eradication Program........................................ $0 Total Funds Budgeted ......................................... $48,022,144 State Funds Budgeted ........................................ .$36,497,215

Departmental Functional Budgets Total Funds

State Funds

Plant Industry

$ 8,076,365 $ 7,295,365

Animal Industry

$ 15,290,275 $ 12,342,283

Marketing

$ 6,658,092 $ 2,983,092

Internal Administration

$ 6,155,559 $ 5,886,059

Fuel and Measures

$ 3,311,215 $ 3,181,515

Consumer Protection Field Forces

$ 7,948,423 $ 4,808,901

Seed Technology

$

582,215 $

0

Total

$ 48,022,144 $ 36,497,215

B. Budget Unit: Georgia Agrirama Development Authority ................. $0 Personal Services ............................................... $851,650 Regular Operating Expenses ..................................... $173,980 Travel ........................................................... $5,500 Motor Vehicle Purchases .......................................... $12,700 Equipment ...................................................... $35,150 Computer Charges ................................................ $5,000 Real Estate Rentals ................................................... $0 Telecommunications ............................................... $7,500 Per Diem, Fees and Contracts ...................................... $9,500 Capital Outlay.................................................. $140,000 Goods for Resale ................................................ $109,500 Total Funds Budgeted .......................................... $1,350,480 State Funds Budgeted ................................................. $0

Section 7. Department of Banking and Finance. Budget Unit: Department of Banking and Finance ................... $8,995,098 Personal Services .............................................. $7,309,313 Regular Operating Expenses ..................................... $466,380 Travel ......................................................... $399,855 Motor Vehicle Purchases .......................................... $78,955 Equipment ....................................................... $6,800 Computer Charges .............................................. $312,033 Real Estate Rentals ............................................. $327,850 Telecommunications .............................................. $78,912 Per Diem, Fees and Contracts ..................................... $15,000 Total Funds Budgeted .......................................... $8,995,098 State Funds Budgeted .......................................... $8,995,098

Section 8. Department of Children and Youth Services. Budget Unit: Department of Children and Youth Services ......... .$125,438,131 Personal Services ............................................. $72,051,415 Regular Operating Expenses .................................... $5,885,712 Travel ......................................................... $889,606 Motor Vehicle Purchases ......................................... $293,990 Equipment ..................................................... $363,881 Computer Charges .............................................. $243,289 Real Estate Rentals ............................................ $1,664,294 Telecommunications ............................................. $900,875

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Per Diem, Fees and Contracts ................................... $6,095,100 Utilities ....................................................... $2,200,765 Institutional Repairs and Maintenance ............................ $562,330 Grants to County-Owned Detention Centers ....................... $3,490,495 Service Benefits for Children ................................... $21,281,324 Purchase of Service Contracts .................................. $13,398,930 Capital Outlay .................................................. $100,000 Total Funds Budgeted ....................................... .$129,422,006 State Funds Budgeted ....................................... .$125,438,131

Departmental Functional Budgets Total Funds

Regional Youth Development Centers

$ 28,725,382

Milledgeville State YDC

$ 12,490,657

Augusta State YDC

$ 9,027,722

Atlanta State YDC

$ 5,514,022

Macon State YDC

$ 5,244,786

Court Services

$ 14,912,549

Community Treatment Centers

$ 2,468,857

Day Centers

$

460,171

Group Homes

$

996,704

Purchased Services

$ 36,559,658

Runaway Investigation/Interstate Compact

$

947,119

Assessment and Classification

$

655,388

Youth Services Administration

$ 7,297,949

Multi-Service Centers

$ 4,121,042

Total

$ 129,422,006

State Funds

$ 27,693,382

$ 11,946,757

$ 8,470,053

$ 5,266,524

$ 4,979,005

$ 14,765,745

$ 2,468,857

$

460,171

$

996,704

$ 35,759,435

$

947,119

$

655,388

$ 7,297,949

$ 3,731,042

$ 125,438,131

Section 9. Department of Community Affairs. Budget Unit: Department Of Community Affairs.................... $33,717,042 Personal Services .............................................. $5,812,448 Regular Operating Expenses ..................................... $334,240 Travel ......................................................... $170,205 Motor Vehicle Purchases ............................................... $0 Equipment ....................................................... $7,180 Computer Charges .............................................. $172,005 Real Estate Rentals ............................................. $513,430 Telecommunications .............................................. $49,090 Per Diem, Fees and Contracts .................................... $217,000 ARC Revolving Loan Fund ............................................. $0 Contracts with Regional Development Commissions ................ $2,272,825 Local Assistance Grants ........................................ $6,247,338 Appalachian Regional Commission Assessment ...................... $97,100 Community Development Block Grants (Federal) ................ .$30,000,000 National and Community Service Program ......................... $250,000 Payments to Music Hall of Fame Authority ........................ $757,835 Payments to Sports Hall of Fame ................................. $126,790 Local Development Fund......................................... $750,000 Payment to State Housing Trust Fund............................ $4,625,000
Payment to Georgia Housing Finance Authority ................... $9,607,000 Payment to Georgia Environmental Facilities Authority ............ $2,018,045 Regional Economic Business Assistance Grants .................... $1,000,000

THURSDAY, MARCH 9, 1995

1257

Local Government Efficiency Grant Program ....................... $750,000 State Commission on National and Community Service .............. $210,000 Business Flood Disaster Recovery Program............................... $0 EZ/EC Administration ........................................... $225,000 Capital Felony Expenses ............................................... $0 Total Funds Budgeted ........................................ .$66,212,531 State Funds Budgeted ........................................ .$33,717,042

Departmental Functional Budgets Total Funds

Executive and Administrative Division

$ 29,666,108

Planning, Information and Management Division

$ 3,828,799

Business and Financial Assistance Division

$ 32,717,624

Total

$ 66,212,531

State Funds $ 28,392,041
$ 3,655,793 $ 1,669,208 $ 33,717,042

Section 10. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation......... .$665,736,068
Personal Services ........................................... .$459,781,696 Regular Operating Expenses ................................... $56,132,672 Travel ........................................................ $2,119,500 Motor Vehicle Purchases ........................................ $3,086,200 Equipment .................................................... $2,859,645 Computer Charges ............................................. $5,530,990 Real Estate Rentals ............................................ $7,560,201 Telecommunications ............................................ $6,930,550 Per Diem, Fees and Contracts ................................... $7,906,429 Capital Outlay .................................................. $209,450 Utilities..................................................... .$22,530,660 Court Costs ...................................................$1,100,000 County Subsidy ............................................... $16,893,100 County Subsidy for Jails ........................................ $5,370,000 County Workcamp Construction Grants.................................. $0 Central Repair Fund ........................................... $1,152,000 Payments to Central State Hospital for Meals ..................... $4,059,700 Payments to Central State Hospital for Utilities ................... $1,376,000 Payments to Public Safety for Meals .............................. $461,160 Inmate Release Fund ........................................... $1,300,000 Health Services Purchases ..................................... $66,606,416 Payments to MAG for Health Care Certification ..................... $63,420
University of Georgia--College of Veterinary Medicine Contracts .................................................... $352,357
Minor Construction Fund ........................................ $734,000 Total Funds Budgeted ....................................... .$674,116,146 Indirect DOAS Funding.......................................... $450,000 Georgia Correctional Industries ......................................... $0 State Funds Budgeted ....................................... .$665,736,068

Administration Institutions and Support Probation Total

Departmental Functional Budgets Total Funds
$ 76,791,331 $ 488,445,157 $ 108,879,658 $ 674,116,146

State Funds $ 75,036,921 $ 485,187,664 $ 105,511,483 $ 665,736,068

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B. Budget Unit: Board Of Pardons and Paroles...................... $40,016,123 Personal Services ............................................ .$31,827,315 Regular Operating Expenses .................................... $1,560,147 Travel ......................................................... $587,000 Motor Vehicle Purchases .......................................... $78,000 Equipment ..................................................... $271,000 Computer Charges .............................................. $313,200 Real Estate Rentals ............................................ $2,634,111 Telecommunications ............................................. $951,700 Per Diem, Fees and Contracts ................................... $1,118,650 County Jail Subsidy ............................................. $650,000 Health Services Purchases ........................................ $25,000 Total Funds Budgeted ........................................ .$40,016,123 State Funds Budgeted ........................................ .$40,016,123

Section 11. Department of Defense. Budget Unit: Department of Defense ............................... $4,528,403 Personal Services .............................................. $9,105,695 Regular Operating Expenses .................................... $6,544,215 Travel .......................................................... $29,375 Motor Vehicle Purchases .......................................... $15,791 Equipment ...................................................... $28,840 Computer Charges ............................................... $11,125 Real Estate Rentals .............................................. $24,400 Telecommunications .............................................. $40,825 Per Diem, Fees and Contracts .................................... $456,000 Capital Outlay........................................................ $0 Total Funds Budgeted ........................................ .$16,256,266 State Funds Budgeted .......................................... $4,528,403

Departmental Functional Budgets Total Funds

Office of the Adjutant General

$ 1,389,548

Georgia Air National Guard

$ 5,069,956

Georgia Army National Guard

$ 9,796,762

Total

$ 16,256,266

State Funds

$ 1,255,944

$

323,773

$ 2,948,686

$ 4,528,403

Section 12. State Board of Education Department of Education. A. Budget Unit: Department of Education....................... $3,553,023,406 Operations: Personal Services .............................................$35,662,253 Regular Operating Expenses .................................... $5,568,020 Travel ........................................................ $1,145,152 Motor Vehicle Purchases ......................................... $139,665 Equipment ..................................................... $341,214 Computer Charges ............................................. $7,764,920 Real Estate Rentals ............................................ $1,514,966 Telecommunications ............................................ $1,280,329 Per Diem, Fees and Contracts .................................. $17,587,007 Utilities........................................................ $962,485 Capital Outlay........................................................ $0 QBE Formula Grants: KindergartenXGrades 1--3 ................................... .$827,651,524 Grades 4--8 ................................................ .$779,316,673 Grades 9--12 ............................................... .$296,732,910 High School Laboratories .................................... .$180,409,249

THURSDAY, MARCH 9, 1995

1259

Vocational Education Laboratories ............................ .$111,169,887 Special Education ........................................... .$329,949,291 Gifted .......................................................$48,746,103 Remedial Education ........................................... $73,351,312 Staff Development and Professional Development ................ .$32,199,664 Media ...................................................... .$95,532,367 Indirect Cost ............................................... .$627,250,894 Pupil Transportation ........................................ .$136,815,917 Local Fair Share ........................................... $(658,824,689) Mid-Term Adjustment Reserve.......................................... $0 Teacher Salary Schedule Adjustment.................................... $0 Other Categorical Grants: Equalization Formula ....................................... .$160,777,464 Sparsity Grants................................................ $3,609,604 In School Suspension ......................................... .$22,166,686 Special Instructional Assistance ................................ $69,091,100 Middle School Incentive........................................ $68,702,696 Special Education Low-Incidence Grants ........................... $483,628 Non-QBE Grants: Education of Children of Low-Income Families ................. .$143,999,894 Retirement (H.B. 272 and H.B. 1321)............................. $5,173,750 Instructional Services for the Handicapped ...................... .$54,732,103 Tuition for the Multi-Handicapped ............................... $1,896,312 Severely Emotionally Disturbed................................. $39,621,548 School Lunch (Federal) ...................................... .$188,375,722 School Lunch (State) .......................................... $26,798,985 Supervision and Assessment of Students and Beginning
Teachers and Performance-Based Certification ................... $2,005,097 Regional Education Service Agencies ............................. $7,293,678 Georgia Learning Resources System .............................. $3,528,045 High School Program ......................................... .$21,827,731 Special Education in State Institutions ........................... $4,782,130 Governor's Scholarships......................................... $2,818,424 Vocational Research and Curriculum .............................. $293,520 Even Start .................................................... $2,720,906 Salaries and Travel of Public Librarians ......................... $11,453,167 Public Library Materials ........................................ $5,719,142 Talking Book Centers............................................ $992,239 Public Library M&O.......................................... $4,039,395 Child Care Lunch Program (Federal) ............................ $25,244,070 Chapter II - Block Grant Flow Through........................... $9,663,513 Payment of Federal Funds to Board of Technical and Adult
Education ................................................. .$14,395,919 Education of Homeless Children/Youth ............................ $601,772 Innovative Programs ........................................... $1,690,215 Next Generation School Grants .................................. $2,443,700 Limited English-Speaking Students Program ..................... $10,876,940 Drug Free School (Federal)..................................... $11,625,943 At Risk Summer School Program ................................ $6,000,000 Emergency Immigrant Education Program ......................... $164,514 Title II Math/Science Grant (Federal)............................. $5,042,895 Robert C. Byrd Scholarship (Federal).............................. $273,723 Health Insurance--Non-Cert. Personnel and Retired
Teachers ...................................................$99,047,892 Pre-School Handicapped Program ............................... $14,199,935 Mentor Teachers ............................................... $1,250,000

1260

JOURNAL OF THE SENATE

Nutrition Education ................................................... $0 Advanced Placement Exams ..................................... $1,842,422 Serve America Program.......................................... $382,597 Youth Apprenticeship Grants .................................... $4,340,000 Remedial Summer School ....................................... $1,875,664 Alternative Programs ......................................... .$12,126,442 Superintendent's Base Salary........................................... $0 Environmental Science Grants .................................... $100,000 Pay for Performance ............................................ $2,000,000 Mentoring Program ............................................. $500,000 Charter Schools .................................................. $50,000 Technology Specialist.......................................... $12,912,790 Total Funds Budgeted ...................................... $4,054,482,834 Indirect DOAS Services Funding.................................. $340,000 State Funds Budgeted ...................................... $3,553,023,406

Departmental Functional Budgets Total Funds

State Funds

State Administration

$ 6,406,614 $ 5,604,591

Instructional Services

$ 22,934,931 $ 18,288,704

Governor's Honors Program

$ 1,243,947 $ 1,159,121

Administrative Services

$ 17,497,955 $ 13,257,344

Special Services

$ 6,436,607 $ 3,062,640

Professional Practices Commission

$

874,256 $

874,256

Local Programs

$ 3,982,866,823 $ 3,495,343,369

Georgia Academy for the Blind

$ 5,192,239 $ 4,949,611

Georgia School for the Deaf

$ 5,971,310 $ 5,742,214

Atlanta Area School for the Deaf

$ 5,058,152 $ 4,741,556

Total

$ 4,054,482,834 $ 3,553,023,406

B. Budget Unit: Lottery for Education............................ . $170,656,245 Pre-Kindergarten for 4-year-olds .............................. .$157,646,245 Applied Technology Labs ............................................... $0
Next Generation Schools ......................................... $500,000 Drug and Anti-Violence Education ...................................... $0
Alternative Programs ........................................... $5,000,000 Educational Technology Centers .................................. $900,000 Distant Learning--Satellite Dishes...................................... $0 Model Technology Schools ........................................ $250,000 Capital Outlay................................................. $3,250,000 Post Secondary Options ......................................... $1,200,000 Learning Logic Sites................................................... $0 Media Center/Library Equipment ................................ $1,910,000 Total Funds Budgeted ....................................... .$170,656,245 Lottery Funds Budgeted ..................................... .$170,656,245

Section 13. Employees' Retirement System. Budget Unit: Employees' Retirement System ............................... $0 Personal Services .............................................. $1,707,266 Regular Operating Expenses ..................................... $342,000 Travel .......................................................... $20,500 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $20,608 Computer Charges .............................................. $564,140

THURSDAY, MARCH 9, 1995

1261

Real Estate Rentals ............................................. $302,000 Telecommunications .............................................. $24,714 Per Diem, Fees and Contracts ................................... $1,167,000 Benefits to Retirees ................................................... $0 Total Funds Budgeted .......................................... $4,148,228 State Funds Budgeted ................................................. $0

Section 14. Forestry Commission. Budget Unit: Forestry Commission ................................ $35,656,850 Personal Services ............................................. $29,144,640 Regular Operating Expenses .................................... $5,931,099 Travel ......................................................... $159,937 Motor Vehicle Purchases ........................................ $1,313,670 Equipment .................................................... $1,757,312 Computer Charges .............................................. $416,000 Real Estate Rentals .............................................. $54,764 Telecommunications ............................................. $928,106 Per Diem, Fees and Contracts .................................... $486,831 Ware County Grant ................................................... $0 Ware County Grant for Southern Forest World ...................... $30,000 Ware County Grant for Road Maintenance .......................... $60,000 Capital Outlay .................................................. $241,752 Total Funds Budgeted ......................................... $40,524,111 State Funds Budgeted ......................................... $35,656,850

Departmental Functional Budgets Total Funds

Reforestation

$ 1,750,884

Field Services

$ 34,673,292

General Administration and Support

$ 4,099,935

Total

$ 40,524,111

State Funds

$

0

$ 31,725,070

$ 3,931,780

$ 35,656,850

Section 15. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau Of Investigation..................... .$44,814,108 Personal Services ............................................. $33,180,002 Regular Operating Expenses .................................... $3,974,376 Travel ......................................................... $525,000 Motor Vehicle Purchases ......................................... $856,252 Equipment .................................................... $1,285,955 Computer Charges .............................................. $753,500 Real Estate Rentals ............................................ $1,982,948 Telecommunications ............................................. $884,380 Per Diem, Fees and Contracts .................................... $860,195 Evidence Purchased ............................................. $511,500 Capital Outlay........................................................ $0 Total Funds Budgeted ........................................ .$44,814,108 State Funds Budgeted ........................................ .$44,814,108

Departmental Functional Budgets Total Funds

Administration

$ 3,733,556

Investigative

$ 24,030,101

Georgia Crime Information Center

$ 7,049,171

Forensic Sciences

$ 10,001,280

State Funds $ 3,733,556 $ 24,030,101 $ 7,049,171 $ 10,001,280

1262

JOURNAL OF THE SENATE

Total

$ 44,814,108 $ 44,814,108

Section 16. Office of the Governor. A. Budget Unit: Office Of the Governor. ........................... .$31,156,798
Personal Services ............................................. $14,892,482 Regular Operating Expenses .................................... $1,018,007 Travel ......................................................... $305,172 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $110,069 Computer Charges .............................................. $689,877 Real Estate Rentals ............................................ $1,019,100 Telecommunications ............................................. $383,193 Per Diem, Fees and Contracts ................................... $5,100,677 Cost of Operations ............................................. $3,466,700 Mansion Allowance............................................... $40,000 Governor's Emergency Fund..................................... $3,500,000 Intern Stipends and Travel....................................... $165,000 Art Grants of State Funds ...................................... $4,000,000 Art Grants of Non-State Funds ................................... $372,960 Humanities Grant--State Funds .................................. $130,600 Art Acquisitions--State Funds.......................................... $0 Children and Youth Grants ...................................... $290,975 Juvenile Justice Grants ......................................... $1,189,700 Georgia Crime Victims Assistance Program ........................ $100,000 Grants to Local Systems ......................................... $684,400 Grants--Local EMA ............................................ $1,085,968 Grants--Other........................................................ $0 Grants--Civil Air Patrol .......................................... $60,000 Total Funds Budgeted ........................................ .$38,604,880 State Funds Budgeted ........................................ .$31,156,798

Departmental Functional Budgets Total Funds

State Funds

Governor's Office

$ 7,171,700 $ 7,171,700

Office of Fair Employment Practices

$

963,622 $

805,622

Office of Planning and Budget

$ 7,614,164 $ 7,614,164

Council for the Arts

$ 5,326,599 $ 4,540,499

Office of Consumer Affairs

$ 2,831,106 $ 2,831,106

Vocational Education Advisory Council

$

354,823 $

87,397

Office of Consumers'Utility Council

$

571,906 $

571,906

Criminal Justice Coordinating Council

$ 1,339,319 $

400,000

Children and Youth Coordinating Council

$ 1,895,338 $

542,338

Human Relations Commission

$

310,281 $

310,281

Professional Standards Commission

$ 4,734,513 $ 4,734,513

Georgia Emergency Management Agency

$ 5,274,536 $ 1,330,299

Office of State Olympic Coordination

$

216,973 $

216,973

Total

$ 38,604,880 $ 31,156,798 ?

Section 17. Department of Human Resources. A. Budget Unit: Departmental Operations ........................ .$701,597,166
1. General Administration and Support Budget: Personal Services ............................................ .$50,993,423

THURSDAY, MARCH 9, 1995

1263

Regular Operating Expenses .................................... $2,271,923 Travel ........................................................ $1,372,316 Motor Vehicle Purchases ........................................ $1,691,555 Equipment ...................................................... $96,548 Real Estate Rentals ............................................ $4,878,258 Per Diem, Fees and Contracts ................................... $6,366,179 Computer Charges ............................................. $1,381,559 Telecommunications ............................................. $691,236 Special Purpose Contracts........................................ $284,000 Service Benefits for Children .................................. .$46,878,658 Purchase of Service Contracts .................................. $37,458,251 Institutional Repairs and Maintenance ............................. $73,440 Postage ....................................................... $1,002,368 Payments to DMA-Community Care............................ .$15,048,529 Total Funds Budgeted ....................................... .$170,488,243 Indirect DOAS Services Funding.................................. $412,600 State Funds Budgeted ....................................... .$108,715,091

Commissioner's Office

Departmental Functional Budgets Total Funds
$ 6,407,445

State Funds $ 5,750,246

Budget Administration Office of Children and Youth Administrative Support Services Facilities Management

$ 2,041,784 $ 2,041,784 $ 46,878,658 $ 34,994,603 $ 20,141,084 $ 18,497,930 $ 5,590,794 $ 4,336,798

Administrative Appeals
Regulatory Services--Program Direction and Support

$ 1,994,877 $ 1,994,877 $ 1,168,102 $ 1,158,102

Child Care Licensing

$ 2,918,957 $ 2,918,957

Health Care Facilities Regulation

$ 9,302,193 $ 3,891,430

Fraud and Abuse Financial Services

$ 6,099,369 $ 2,256,767 $ 6,032,692 $ 5,832,692

Auditing Services

$ 1,799,149 $ 1,799,149

Personnel Administration

$ 1,754,031 $ 1,754,031

Indirect Cost

$

0 $ (8,182,760)

Public Affairs Aging Services

$

510,671 $

510,671

$ 56,164,803 $ 27,556,180

State Health Planning Agency Total

$ 1,683,634 $ 1,603,634 $ 170,488,243 $ 108,715,091

2. Public Health Budget: Personal Services .............................................$51,970,440 Regular Operating Expenses .................................. .$77,600,568 Travel ......................................................... $946,970 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $99,005 Real Estate Rentals ............................................ $1,381,103 Per Diem, Fees and Contracts ................................... $5,222,907 Computer Charges ............................................. $1,177,762 Telecommunications ............................................ $1,232,086 Crippled Children's Benefits ............................................ $0

1264

JOURNAL OF THE SENATE

Kidney Disease Benefits ......................................... $315,247 Cancer Control Benefits......................................... $4,007,000 Benefits for Medically Indigent High-Risk Pregnant Women
and Their Infants ................................................... $0 Family Planning Benefits ........................................ $656,222 Crippled Children's Clinics ............................................. $0 Special Purpose Contracts........................................ $682,869 Purchase of Service Contracts ................................. .$12,161,281 Grant-ln-Aid to Counties ..................................... .$115,791,445 Institutional Repairs and Maintenance ............................. $34,500 Postage ........................................................ $144,846 Grants for Regional Maternal and Infant Care...................... $845,769 Total Funds Budgeted ....................................... .$274,270,020 Indirect DOAS Services Funding .................................. $549,718 State Funds Budgeted ....................................... .$147,176,135

Departmental Functional Budgets Total Funds

District Health Administration

11,862,845

Newborn Follow-Up Care

1,252,323

Dental Health

1,411,868

Stroke and Heart Attack Prevention

2,173,168

Sickle Cell, Vision and Hearing

4,249,168

High-Risk Pregnant Women and Infants

5,500,992

Sexually Transmitted Diseases

2,518,467

Family Planning

10,008,584

Malnutrition

81,967,416

Grant in Aid to Counties

59,014,117

Children's Medical Services

13,658,285

Emergency Health

3,212,987

Primary Health Care

1,954,625

Epidemiology

481,675

Immunization

963,892

Community Tuberculosis Control

6,404,496

Maternal and Child Health Management

1,078,339

Infant and Child Health

1,344,058

Maternal Health--Perinatal

2,010,250

Chronic Disease

1,038,399

Diabetes

526,641

Cancer Control

4,955,830

Director's Office

1,039,424

Employees' Health

0

Health Program Management

1,867,597

Vital Records

1,832,172

Health Services Research

2,505,227

Environmental Health

845,190

Laboratory Services

5,444,988

State Funds 11,733,170 1,006,794 1,201,693 1,643,168 3,852,866 5,388,992 119,823 5,368,003 0 58,158,117 6,829,142 2,156,439 1,814,079 342,959 17,244 5,151,434 755,243 497,471 868,047 1,038,399 526,641 4,955,830 842,199 0 1,775,382 1,602,493 2,282,409 669,097 5,324,988

THURSDAY, MARCH 9, 1995

1265

Community Care

4,040,272

1,531,656

Community Health Management

399,814

220,365

Aids

8,540,843

4,599,246

Vaccines

11,040,507

1,202,280

Drug and Clinic Supplies

3,316,626

2,560,006

Adolescent Health

3,137,690

2,076,930

Public Health--Planning Councils

172,906

155,409

Early Intervention

12,498,339

10,443,839

Public Health--Division Indirect Cost

0

(1,535,718)

Total

$ 274,270,020 $ 147,176,135

3. Rehabilitation Services Budget: Personal Services ............................................ .$70,890,801 Regular Operating Expenses .................................. .$11,853,178 Travel ........................................................ $1,128,611 Motor Vehicle Purchases .......................................... $83,000 Equipment ..................................................... $623,318 Real Estate Rentals ............................................ $4,393,810 Per Diem, Fees and Contracts ................................... $8,146,569 Computer Charges ............................................. $2,285,247 Telecommunications ............................................ $1,577,417 Case Services................................................ .$25,005,093 E.S.R.P. Case Services ............................................ $28,505 Special Purpose Contracts........................................ $713,163 Purchase of Services Contracts ................................. $10,166,353 Institutional Repairs and Maintenance ............................ $215,000 Utilities........................................................ $937,269 Postage ........................................................ $814,786 Total Funds Budgeted ....................................... .$138,862,120 Indirect DOAS Services Funding.................................. $100,000 State Funds Budgeted ......................................... $23,673,450

Departmental Functional Budgets Total Funds

District Field Services

$ 46,550,207

Independent Living

$ 1,166,479

Sheltered Employment

$ 1,699,671

Community Facilities

$ 8,619,483

State Rehabilitation Facilities

$ 6,686,919

Diversified Industries of Georgia

$

809,166

Program Direction and Support

$ 4,080,834

Grants Management

$

722,458

Disability Adjudication

$ 33,575,336

Georgia Factory for Blind

$ 12,369,385

Roosevelt Warm Springs Institute

$ 22,582,182

Total

$ 138,862,120

4. Family and Children Services Budget: Personal Services ..................... Regular Operating Expenses ........... Travel ...............................

State Funds

$ 10,063,969

$

870,174

$

813,808

$ 3,431,010

$ 1,424,314

$

0

$ 1,291,894

$

722,458

$

0

$

799,795

$ 4,256,028

$ 23,673,450

$42,734,903 $4,430,044 $939,017

1266

JOURNAL OF THE SENATE

Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $377,348 Real Estate Rentals ............................................ $2,861,264 Per Diem, Fees and Contracts .................................. $19,970,907 Computer Charges ............................................ $27,714,442 Telecommunications ............................................ $9,652,808 Children's Trust Fund ........................................... $2,270,365 Cash Benefits................................................$450,318,784 Special Purpose Contracts....................................... $4,939,195 Service Benefits for Children ................................. .$204,668,669 Purchase of Service Contracts .................................. $15,505,266 Postage .......................................................$4,637,256 Grants to County DFACS--Operations ........................ .$278,564,707 Total Funds Budgeted ...................................... $1,069,584,975 Indirect DOAS Services Funding................................. $2,565,582 State Funds Budgeted ....................................... .$422,032,490

Departmental Functional Budgets Total Funds

Director's Office

$

512,448

Social Services

$ 4,149,900

Administrative Support

$ 7,132,455

Quality Assurance

$ 3,752,470

Community Services

$ 12,152,899

Field Management

$ 1,120,918

Human Resources Managemnent

$ 2,030,684

Public Assistance

$ 31,802,466

Child Support Recovery

$ 58,981,222

AFDC Payments

$ 438,479,664

SSI--Supplemental Benefit:ss

$

100

Refugee Programs

$ 2,799,420

Energy Benefits

$ 9,893,600

County DFACS Operal --Eligibility

$ 110,943,023

County DFACS Operat --Social Services

;$ 85,849,280

Food Stamp Issuance

$ 3,190,752

County DFACS Operations--Homemakers Services

7,820,835

County DFACS Operations--Joint and Administration

$ 60,735,452

County DFACS Operations--Employability Program

13,216,117

Employability Benefits

29,476,946

Legal Services

3,190,503

Family Foster Care

37,153,856

Institutional Foster Care

10,625,850

Specialized Foster Care

2,339,602

Adoption Supplement

10,978,269

Prevention of Foster Care

11,544,785

State Funds

$

512,448

$ 3,754,707

$ 5,561,580

$ 3,752,470

$

916,674

$ 1,120,918

$ 1,841,062

$ 14,058,160

$ 4,587,089

$ 166,709,968

$

100

$

0

$

0

$ 55,404,943

$ 30,763,715

$

0

$ 2,389,908

$ 30,924,946

5,085,381 11,949,177 2,420,990 24,852,679 8,329,504 2,117,103 8,237,408 7,408,642

THURSDAY, MARCH 9, 1995

1267

Day Care

$ 105,227,651 $ 32,696,098

Outreach--Contracts

$

156,620 $

156,620

Special Projects

$ 2,056,823 $ 2,032,591

Children's Trust Fund

$ 2,270,365 $ 2,270,365

Indirect Cost

$

0 $ (7,822,756)

Total

$ 1,069,584,975 $ 422,032,490

Budget Unit Object Classes: Personal Services ........................................... .$216,589,567 Regular Operating Expenses ................................... $96,155,713 Travel ........................................................ $4,386,914 Motor Vehicle Purchases ........................................ $1,774,555 Equipment .................................................... $1,196,219 Real Estate Rentals ........................................... $13,514,435 Per Diem, Fees and Contracts .................................. $39,706,562 Computer Charges ............................................ $32,559,010 Telecommunications ........................................... $13,153,547 Crippled Children's Benefits ............................................ $0 Kidney Disease Benefits ......................................... $315,247 Cancer Control Benefits......................................... $4,007,000 Benefits for Medically Indigent High-Risk Pregnant Women
and Their Infants ................................................... $0 Family Planning Benefits ........................................ $656,222 Case Services ................................................. $25,005,093 E.S.R.P. Case Services ............................................ $28,505 Crippled Children's Clinics ............................................. $0 Children's Trust Fund .......................................... $2,270,365 Cash Benefits................................................$450,318,784 Special Purpose Contracts....................................... $6,619,227 Service Benefits for Children ................................. .$251,547,327 Purchase of Service Contracts .................................. $75,291,151 Grant-ln-Aid to Counties ..................................... .$115,791,445 Institutional Repairs and Maintenance ............................ $322,940 Utilities........................................................ $937,269 Postage .......................................................$6,599,256 Payments to DMA-Community Care ............................. $15,048,529 Grants for Regional Maternal and Infant Care...................... $845,769 Grants to County DFACS--Operations ........................ .$278,564,707 B. Budget Unit: Community Mental Health/Mental Retardation and Institutions ................................... .$490,069,339 Personal Services ........................................... .$358,901,915 Operating Expenses ........................................... $61,001,240 Motor Vehicle Equipment Purchases .............................. $847,000 Utilities...................................................... $12,292,571 Major Maintenance and Construction............................. $1,996,190 Community Services......................................... .$267,443,854 Total Funds Budgeted ....................................... .$702,482,770 Indirect DOAS Services Funding................................. $2,404,100 State Funds Budgeted ....................................... .$490,069,339

1268

JOURNAL OF THE SENATE

Departmental Functional Budgets Total Funds

Southwestern State Hospital

39,993,407

Brook Run

32,658,652

Georgia Mental Health Institute

27,042,253

Georgia Regional Hospital at Augusta

21,898,566

Northwest Regional Hospital at Rome

28,407,946

Georgia Regional Hospital at Atlanta

29,194,301

Central State Hospital

143,687,314

Georgia Regional Hospital at Savannah

19,040,842

Gracewood State School and Hospital

50,665,263

West Central Regional Hospital

19,473,699

Outdoor Therapeutic Programs

3,782,549

Metro Drug Abuse Centers

1,582,780

Community Mental Health Services

121,402,948

Community Mental Retardation Services

100,488,418

Community Substance Abuse Services

50,025,957

State Administration

9,907,708

Regional Administration

3,230,167

Total

702,482,770

State Funds $ 24,878,137 $ 13,949,324 $ 25,124,451 $ 20,011,674 $ 20,945,211 $ 24,639,310 $ 84,423,387 $ 17,359,521 $ 21,341,727 $ 16,687,460 $ 2,873,614 $ 1,387,280 $ 115,168,981 $ 64,173,512 $ 27,352,469 $ 6,523,114 $ 3,230,167 $ 490,069,339

Section 18. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism ........... $25,399,657 Personal Services .............................................. $8,960,759 Regular Operating Expenses .................................... $1,615,570 Travel ......................................................... $335,000 Motor Vehicle Purchases .......................................... $59,978 Equipment ..................................................... $133,072 Computer Charges .............................................. $135,210 Real Estate Rentals ............................................ $1,027,415 Telecommunications ............................................. $290,000 Per Diem, Fees and Contracts ................................... $1,398,178 Local Welcome Center Contracts .................................. $181,600 Marketing................................................... .$10,859,580 Georgia Ports Authority Lease Rentals ........................... $1,240,000 Foreign Currency Reserve ......................................... $43,095 Waterway Development in Georgia ................................. $50,000 Lanier Regional Watershed Commission ................................. $0 Total Funds Budgeted ........................................ .$26,329,457 State Funds Budgeted ........................................ .$25,399,657

Administration Economic Development Trade Tourism Total

Departmental Functional Budgets Total Funds
$ 15,241,240 $ 4,395,599 $ 1,694,389 $ 4,998,229 $ 26,329,457

State Funds $ 14,621,440 $ 4,295,599 $ 1,694,389 $ 4,788,229 $ 25,399,657

THURSDAY, MARCH 9, 1995

1269

Section 19. Department of Insurance. Budget Unit: Department of Insurance ............................ $15,399,209 Personal Services ............................................. $13,625,650 Regular Operating Expenses ..................................... $722,723 Travel ......................................................... $401,560 Motor Vehicle Purchases ......................................... $113,850 Equipment ...................................................... $66,880 Computer Charges .............................................. $442,990 Real Estate Rentals ............................................. $806,814 Telecommunications ............................................. $317,300 Per Diem, Fees and Contracts .................................... $208,242 Health Care Utilization Review ......................................... $0 Total Funds Budgeted ......................................... $16,706,009 State Funds Budgeted ........................................ .$15,399,209

Departmental Functional Budgets Total Funds

Internal Administration

$ 4,190,247

Insurance Regulation

$ 6,671,163

Industrial Loans Regulation

$

540,093

Fire Safety and Mobile Home Regulations

$ 5,304,506

Total

$ 16,706,009

State Funds

$ 4,190,247

$ 6,671,163

$

540,093

$ 3,997,706

$ 15,399,209

Section 20. Department of Labor. Budget Unit: Department Of Labor ................................ $7,925,959 Personal Services ............................................. $68,138,958 Regular Operating Expenses .................................... $7,424,929 Travel ........................................................ $1,346,137 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $844,965 Computer Charges ............................................. $7,151,101 Real Estate Rentals ............................................ $2,150,518 Telecommunications ............................................ $1,343,288 Per Diem, Fees and Contracts (JTPA) ........................... $66,500,000 Per Diem, Fees and Contracts ................................... $3,164,280 W.I.N. Grants ........................................................ $0 Payments to State Treasury ..................................... $1,774,079 Capital Outlay ................................................. $3,685,000 Total Funds Budgeted ........................................ $163,523,255 State Funds Budgeted .......................................... $7,925,959

Departmental Functional Budgets Total Funds

Executive Offices/Administrative Services

$ 29,100,084

Employment and Training Services

$ 134,423,171

Total

$ 163,523,255

State Funds $ 5,421,641 $ 2,504,318 $ 7,925,959

Section 21. Department of Law. Budget Unit: Department Of Law ................................. $11,415,735 Personal Services ............................................. $10,242,939 Regular Operating Expenses ..................................... $626,107 Travel ......................................................... $131,950 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $55,000

1270

JOURNAL OF THE SENATE

Computer Charges .............................................. $406,883 Real Estate Rentals ............................................. $504,813 Telecommunications ............................................. $146,983 Per Diem, Fees and Contracts ..................................... $60,000 Books for State Library .......................................... $147,000 Total Funds Budgeted ........................................ .$12,321,675 State Funds Budgeted ......................................... $11,415,735

Section 22. Department of Medical Assistance. A. Budget Unit: Medicaid Services .............................. $1,201,035,012
Personal Services .............................................$14,516,459
Regular Operating Expenses .................................... $4,937,733 Travel ......................................................... $188,400 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $39,500
Computer Charges ........................................... .$27,341,065 Real Estate Rentals ............................................. $885,000 Telecommunications ............................................. $425,000
Per Diem, Fees and Contracts ................................. .$67,660,024 Medicaid Benefits, Penalties and Disallowances................ $3,331,399,618
Audit Contracts ................................................. $772,500
Total Funds Budgeted ...................................... $3,448,165,299 State Funds Budgeted ...................................... $1,201,035,012

Departmental Functional Budgets Total Funds

State Funds

Commissioner's Office

$ 60,775,908 $ 2,654,470

Benefits, Penalties and Disallowances

$ 3,331,399,618 $ 1,177,273,481

Long Term Care

$ 1,259,211 $

453,498

Systems Management

$ 33,326,976 $ 10,312,656

Professional Services

$ 2,331,319 $

995,004

Maternal and Child Health

$ 1,046,308 $

439,449

Financial and Hospital Reimbursement

$ 4,914,710 $ 2,420,877

Nursing Home Reimbursement

$ 6,329,237 $ 3,164,618

Managed Care

$ 1,725,946 $

792,926

Legal and Regulatory

$ 5,056,066 $ 2,528,033

Total

$ 3,448,165,299 $ 1,201,035,012

B. Budget Unit: Indigent Trust Fund ............................ .$146,300,000 Per Diem, Fees and Contracts ................................... $7,860,216 Benefits .....................................................$377,139,784 Total Funds Budgeted ....................................... .$385,000,000 State Funds Budgeted ....................................... .$146,300,000

Section 23. Merit System of Personnel Administration. Budget Unit: Merit System Of Personnel Administration .................... $0 Personal Services .............................................. $8,299,213 Regular Operating Expenses .................................... $1,885,130 Travel .......................................................... $88,512 Equipment ...................................................... $14,161
Real Estate Rents ............................................... $921,758
Per Diem, Fees and Contracts ................................ .$159,320,065
Computer Charges ............................................. $3,275,673 Telecommunications ............................................. $419,923

THURSDAY, MARCH 9, 1995

1271

Health Insurance Payments .................................. .$858,178,798 Total Funds Budgeted ...................................... $1,032,403,233 Other Agency Funds............................................. $138,587 Agency Assessments........................................... $11,689,697 Employee and Employer Contributions ....................... $1,020,423,427 Deferred Compensation .......................................... $151,522 State Funds Budgeted ................................................. $0

Departmental Functional Budgets Total Funds

Commissioner's Office

$ 3,002,794

Applicant Services

$ 2,542,136

Classification and Compensation

$ 1,326,730

Flexible Benefits

$ 1,296,882

Employee Training and Development

$ 1,292,742

Health Insurance Administration

$ 1,019,519,765

Accounting and Audits

$

904,709

Administration and Systems

$ 2,517,475

Total

$ 1,032,403,233

State Funds

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

Section 24. Department of Natural Resources. A. Budget Unit: Department of Natural Resources ................... $90,353,317
Personal Services ............................................ .$70,284,138 Regular Operating Expenses ................................... $15,314,849 Travel ......................................................... $546,833 Motor Vehicle Purchases ........................................ $2,469,914 Equipment .................................................... $2,519,711 Real Estate Rentals ............................................ $2,581,324 Per Diem, Fees and Contracts ................................... $3,335,758 Computer Charges .............................................. $861,413 Telecommunications ............................................ $1,259,624 Authority Lease Rentals .......................................... $40,000 Advertising and Promotion ....................................... $200,000 Cost of Material for Resale ...................................... $2,645,300 Capital Outlay: New Construction ............................................... $918,810 Repairs and Maintenance ....................................... $2,319,500 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 Georgia Heritage 2000 Grants .................................... $270,000 Recreation ..................................................... $800,000 Contracts: Paralympic Games .............................................. $100,000 Technical Assistance Contract .................................... $106,513 Corps of Engineers (Cold Water Creek State Park).................. $170,047 Georgia State Games Commission................................. $277,259 U.S. Geological Survey for Ground Water Resources................. $300,000

1272

JOURNAL OF THE SENATE

U.S. Geological Survey for Topographic Mapping. ......................... $0 Payments to Civil War Commission ................................ $31,000 Hazardous Waste Trust Fund .................................. $11,512,235 Solid Waste Trust Fund ........................................ $5,276,344 Payments to Georgia Agricultural Exposition Authority............. $2,236,324 Payments to Mclntosh County .................................... $100,000 Georgia Boxing Commission ........................................ $7,000 Total Funds Budgeted ....................................... .$130,493,896 Receipts from Jekyll Island State Park Authority ................... $888,185 Receipts from Stone Mountain Memorial Association ............... $3,809,517 Receipts from Lake Lanier Islands Development Authority.......... $2,663,931 Receipts from North Georgia Mountain Authority .................. $1,422,256 Indirect DOAS Funding.......................................... $200,000 State Funds Budgeted ........................................ .$90,353,317

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

$ 3,634,588 $ 3,634,588

Program Support

$ 2,500,080 $ 2,500,080

Historic Preservation

$ 2,308,119 $ 1,818,119

Parks, Recreation and Historic Sites

$ 40,837,127 $ 15,729,661

Coastal Resources

$ 2,386,019 $ 2,265,510

Wildlife Resources

$ 34,408,927 $ 29,664,506

Environmental Protection

$ 43,199,361 $ 33,521,178

Pollution Prevention Program

$ 1,219,675 $ 1,219,675

Total

$ 130,493,896 $ 90,353,317

B. Budget Unit: Georgia Agricultural Exposition Authority ................... $0 Personal Services .............................................. $2,236,600 Regular Operating Expenses .................................... $1,774,578 Travel .......................................................... $21,059 Motor Vehicle Purchases .......................................... $12,000 Equipment ...................................................... $85,000 Computer Charges ............................................... $15,000 Real Estate Rentals ................................................... $0 Telecommunications .............................................. $38,000 Per Diem, Fees and Contracts .................................... $645,000 Capital Outlay......................................................... $0 Total Funds Budgeted .......................................... $4,827,237 State Funds Budgeted ................................................. $0

Departmental Functional Budgets Total Funds

Georgia Agricultural Exposition Authority

$ 4,827,237

State Funds

$

0

Section 25. Department of Public Safety. A. Budget Unit: Department of Public Safety ....................... $96,215,225
1. Operations Budget: Personal Services ............................................. $58,234,622 Regular Operating Expenses .................................... $7,805,450 Travel ......................................................... $132,617 Motor Vehicle Purchases ........................................ $4,093,430 Equipment ..................................................... $582,427 Computer Charges ............................................. $3,701,067

THURSDAY, MARCH 9, 1995

1273

Real Estate Rentals .............................................. $23,116 Telecommunications ............................................ $1,418,147 Per Diem, Fees and Contracts .................................... $494,086 State Patrol Posts Repairs and Maintenance ....................... $150,000 Capital Outlay........................................................ $0 Conviction Reports .................................................... $0 Total Funds Budgeted ......................................... $76,634,962 Indirect DOAS Service Funding.................................. $1,650,000 State Funds Budgeted ........................................ .$74,984,962 2. Driver Services Budget: Personal Services ............................................. $16,632,513 Regular Operating Expenses .................................... $1,751,262 Travel .......................................................... $25,800 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $119,077 Computer Charges .............................................. $137,000 Real Estate Rentals .............................................. $53,108 Telecommunications ............................................. $628,853 Per Diem, Fees and Contracts ..................................... $62,500 Capital Outlay........................................................ $0 Conviction Reports .............................................. $300,150 State Patrol Posts Repairs and Maintenance ........................ $30,000 Driver License Processing ....................................... $1,490,000 Total Funds Budgeted ......................................... $21,230,263 Indirect DOAS Service Funding......................................... $0 State Funds Budgeted ......................................... $21,230,263

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 21,487,110 $ 19,987,110

Driver Services

$ 21,230,263 $ 21,230,263

Field Operations

$ 55,147,852 $ 54,997,852

Total

$ 97,865,225 $ 96,215,225

B. Budget Unit: Units Attached for Administrative Purposes Only. ..........................................................$14,443,379 Attached Units Budget: Personal Services .............................................. $9,998,360 Regular Operating Expenses .................................... $2,971,186 Travel ......................................................... $132,300 Motor Vehicle Purchases .......................................... $72,536 Equipment ..................................................... $227,278 Computer Charges .............................................. $210,962 Real Estate Rentals ............................................. $329,001 Telecommunications ............................................. $244,071 Per Diem, Fees and Contracts .................................... $730,260 Highway Safety Grants ......................................... $2,623,660 Peace Officers Training Grants ................................... $957,505 Capital Outlay........................................................ $0 Total Funds Budgeted ......................................... $18,497,119 State Funds Budgeted ........................................ .$14,443,379

1274

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Departmental Functional Budgets Total Funds

Office of Highway Safety

$ 3,231,733

Georgia Peace Officers Standards and Training $ 5,727,303

Police Academy

$ 1,084,659

Fire Academy

$ 1,183,037

Georgia Firefighters Standards and Training Council

$

435,791

Georgia Public Safety Training Facility

$ 6,834,596

Total

$ 18,497,119

State Funds

$

307,993

$ 5,727,303

$ 1,014,659

$ 1,073,037

$

435,791

$ 5,884,596

$ 14,443,379

Section 26. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System.......... .$13,315,000 Payments to Employees' Retirement System........................ $575,000 Employer Contributions........................................ $12,740,000 Total Funds Budgeted ......................................... $13,315,000 State Funds Budgeted ......................................... $13,315,000

Section 27. Public Service Commission. Budget Unit: Public Service Commission............................ $8,601,529 Personal Services .............................................. $6,845,767 Regular Operating Expenses ..................................... $529,000 Travel ......................................................... $256,756 Motor Vehicle Purchases ......................................... $103,000 Equipment ...................................................... $44,621 Computer Charges .............................................. $425,899 Real Estate Rentals ............................................. $331,039 Telecommunications ............................................. $134,962 Per Diem, Fees and Contracts ................................... $1,840,000 Total Funds Budgeted ......................................... $10,511,044 State Funds Budgeted .......................................... $8,601,529

Administration Transportation Utilities Total

Departmental Functional Budgets Total Funds
$ 1,874,008 $ 3,449,649 $ 5,187,387 $ 10,511,044

State Funds $ 1,874,008 $ 1,740,348 $ 4,987,173 $ 8,601,529

Section 28. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction............................ $1,084,543,473
Personal Services: Educ., Gen., and Dept. Svcs ................................. $1,157,839,143 Sponsored Operations ....................................... .$202,917,763
Operating Expenses: Educ., Gen., and Dept. Svcs .................................. .$289,703,286 Sponsored Operations ....................................... .$145,787,679 Special Funding Initiative...................................... $15,314,094 Office of Minority Business Enterprise ............................ $1,194,628 Special Desegregation Programs .................................. $364,360 Forestry Research............................................... $362,508 Research Consortium ........................................... $5,850,000 Capital Outlay.................................................. $100,000 Total Funds Budgeted ...................................... $1,819,433,461

THURSDAY, MARCH 9, 1995

1275

Departmental Income.......................................... $42,000,000 Sponsored Income ........................................... .$348,705,442 Other Funds.................................................$341,157,246 Indirect DOAS Services Funding................................. $3,027,300 State Funds Budgeted ...................................... $1,084,543,473 B. Budget Unit: Regents Central Office and Other Organized Activities. .................................................... .$170,157,788
Personal Services: Educ., Gen., and Dept. Svcs .................................. .$262,212,249 Sponsored Operations ........................................ .$69,874,000
Operating Expenses: Educ., Gen., and Dept. Svcs .................................. .$127,025,428 Sponsored Operations ......................................... $38,184,000 Fire Ant and Environmental Toxicology Research ......................... $0 Agricultural Research .......................................... $2,342,532 Advanced Technology Development Center ........................ $1,979,060 Capitation Contracts for Family Practice Residency ................ $3,548,759 Residency Capitation Grants .................................... $2,484,870 Student Preceptorships .......................................... $146,400 Mercer Medical School Grant .................................... $6,619,012 Morehouse School of Medicine Grant ............................. $5,549,778 Capital Outlay........................................................ $0 Center for Rehabilitation Technology ............................. $2,072,196 SREB Payments ............................................... $5,397,800 Medical Scholarships ........................................... $1,347,852 Regents Opportunity Grants...................................... $600,000 Regents Scholarships ............................................ $200,000 Rental Payments to Georgia Military College ...................... $1,034,952 CRT Inc. Contract at Georgia Tech Research Institute ............... $219,372 Direct Payments to the Georgia Public Telecommunications Commission for Operations ................................... $14,103,486 Total Funds Budgeted ....................................... .$544,941,746 Departmental Income.................................................. $0 Sponsored Income ........................................... .$109,330,000 Other Funds.................................................$264,898,258 Indirect DOAS Services Funding.................................. $555,700 State Funds Budgeted ....................................... .$170,157,788

Regents Central Office and Other Organized Activities Total Funds

Marine Resources Extension Center

$ 1,962,984 $

Skidaway Institute of Oceanography

$ 3,923,849 $

Marine Institute

$ 1,388,994 $

Georgia Tech Research Institute

$ 116,731,291 $

Education Extension Services

$ 10,733,002 $

Agricultural Experiment Station

$ 57,036,775 $

Cooperative Extension Service

$ 47,517,561 $

Medical College of Georgia Hospital and Clinics $ 245,207,899 $

Veterinary Medicine Experiment Station

$ 2,731,531 $

Veterinary Medicine Teaching Hospital

$ 2,746,641 $

Joint Board of Family Practice

$ 24,540,701 $

Georgia Radiation Therapy Center

$ 2,920,000 $

State Funds 1,345,184 1,532,120 988,994
13,708,799 2,547,910 36,448,122 29,705,244 31,697,885 2,731,531
512,595 24,540,701
0

1276

JOURNAL OF THE SENATE

Athens and Tifton Veterinary Laboratories Regents Central Office

$ 3,121,122 $

121,122

$ 24,024,796 $ 23,922,981

Office of Technology Policy

$

354,600 $

354,600

Total

$ 544,941,746 $ 170,157,788

C. Budget Unit: Georgia Public Telecommunications Commission ............................................................ $0 Personal Services .............................................. $8,173,691 Operating Expenses ........................................... $14,858,307 Total Funds Budgeted ........................................ .$23,031,998 Other Funds..................................................$23,031,998 State Funds Budgeted ................................................. $0
D. Budget Unit: Lottery for Education ............................. $89,031,000 Equipment, Technology and Construction Trust Fund ............. $20,000,000 Capital Outlay--Georgia Military College ......................... $3,500,000 Capital Outlay--Georgia College.................................. $300,000 Georgia Research Alliance...................................... $27,917,000 Capital Outlay--Albany State College ........................... $11,600,000 Capital Outlay--State Library and Museum ...................... $4,200,000 Special Funding Initiatives ..................................... $12,514,000 Mercer Medical School Grant--Equipment ........................ $1,500,000 Morehouse School of Medicine Grant--Equipment ................. $1,500,000 Capital Outlay................................................. $5,000,000 Capital Outlay--Agricultural Experiment Stations ................. $1,000,000
Total Funds Budgeted ........................................ .$89,031,000 Lottery Funds Budgeted ...................................... .$89,031,000

Section 29. Department of Revenue. Budget Unit: Department of Revenue.............................. $93,763,900 Personal Services .............................................$56,119,945 Regular Operating Expenses .................................... $5,516,320 Travel ........................................................ $1,382,540 Motor Vehicle Purchases ......................................... $195,470 Equipment ..................................................... $700,220 Computer Charges ............................................ $14,312,520 Real Estate Rentals ............................................ $2,830,695 Telecommunications ............................................ $2,867,385 Per Diem, Fees and Contracts .................................... $575,300 County Tax Officials/Retirement and FICA ........................ $3,628,215 Grants to Counties/Appraisal Staff ...................................... $0 Motor Vehicle Tags and Decals .................................. $6,458,350 Postage .......................................................$3,877,810 Total Funds Budgeted ........................................ .$98,464,770 Indirect DOAS Services Funding................................. $3,845,000 State Funds Budgeted ........................................ .$93,763,900

Departmental Functional Budgets Total Funds

Departmental Administration

$ 6,946,888

Internal Administration

$ 11,681,867

Electronic Data Processing

$ 9,554,362

Field Services

$ 17,960,373

Income Tax Unit

$ 7,842,694

Motor Vehicle Unit

$ 24,566,817

State Funds $ 6,946,888 $ 11,481,867 $ 8,739,162 $ 17,660,373 $ 7,142,694 $ 23,266,817

THURSDAY, MARCH 9, 1995

1277

Central Audit Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Total

$ 7,441,532 $ 7,441,532

$ 4,411,009 $ 3,355,139

$ 4,103,219 $ 3,773,419

$

46,000 $

46,000

$ 3,910,009 $ 3,910,009

$ 98,464,770 $ 93,763,900

Section 30. Secretary of State. A. Budget Unit: Secretary of State ................................ .$28,286,406
Personal Services ............................................. $17,021,671 Regular Operating Expenses .................................... $4,013,431 Travel ......................................................... $243,800 Motor Vehicle Purchases ......................................... $105,510 Equipment ...................................................... $93,840 Computer Charges ............................................. $2,423,793 Real Estate Rentals ............................................ $2,462,246 Telecommunications ............................................. $957,367 Per Diem, Fees and Contracts ................................... $1,309,748 Election Expenses ............................................... $700,000 Total Funds Budgeted ......................................... $29,331,406 State Funds Budgeted ........................................ .$28,286,406

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

$ 3,575,623 $ 3,545,623

Archives and Records

$ 5,032,974 $ 4,957,974

Business Services and Regulation

$ 4,937,476 $ 4,167,476

Elections and Campaign Disclosure

$ 4,235,610 $ 4,215,610

Drugs and Narcotics

$ 1,149,223 $ 1,149,223

State Ethics Commission

$

376,628 $

376,628

State Examining Boards Holocaust Commission

$ 9,953,872 $ 9,803,872

$

70,000 $

70,000

Total

$ 29,331,406 $ 28,286,406

B. Budget Unit: Real Estate Commission ............................ $2,113,632 Personal Services .............................................. $1,230,673 Regular Operating Expenses ..................................... $157,100 Travel .......................................................... $15,000 Motor Vehicle Purchases .......................................... $23,000 Equipment ...................................................... $10,631 Computer Charges .............................................. $335,622 Real Estate Rentals ............................................. $165,300 Telecommunications .............................................. $41,556 Per Diem, Fees and Contracts .................................... $134,750 Total Funds Budgeted .......................................... $2,113,632 State Funds Budgeted .......................................... $2,113,632

1278

JOURNAL OF THE SENATE

Departmental Functional Budgets State Funds

Cost of Operations

Real Estate Commission

$ 2,113,632 $ 2,153,632

Section 31. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission. .............. $2,153,907 Personal Services .............................................. $1,026,011 Regular Operating Expenses ..................................... $210,954 Travel .......................................................... $40,520 Motor Vehicle Purchases .......................................... $27,450 Equipment ...................................................... $11,910 Computer Charges ................................................ $9,000 Real Estate Rentals .............................................. $90,591 Telecommunications .............................................. $19,090 Per Diem, Fees and Contracts .................................... $486,842 County Conservation Grants ..................................... $400,000 Total Funds Budgeted .......................................... $2,322,368 State Funds Budgeted .......................................... $2,153,907

Section 32. Student Finance Commission. A. Budget Unit: Student Finance Commission....................... $30,749,184
Personal Services .............................................. $5,071,850 Regular Operating Expenses ..................................... $602,250 Travel ......................................................... $101,800 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $20,500 Computer Charges .............................................. $245,180 Real Estate Rentals .............................................. $44,800 Telecommunications ............................................. $236,750 Per Diem, Fees and Contracts .................................... $208,690 Payment of Interest and Fees .......................................... $0 Guaranteed Educational Loans .................................. $4,076,000 Tuition Equalization Grants ................................... .$22,304,520 Student Incentive Grants ....................................... $5,003,940 Law Enforcement Personnel Dependents' Grants..................... $38,000 North Georgia College ROTC Grants ............................... $70,000 Osteopathic Medical Loans ....................................... $100,000 Georgia Military Scholarship Grants .............................. $680,000 Paul Douglas Teacher Scholarship Loans .......................... $390,000 Total Funds Budgeted ........................................ .$39,194,280 State Funds Budgeted ........................................ .$30,749,184

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

$ 5,547,664 $

0

Higher Education Assistance Corporation

$

0$

0

Georgia Student Finance Authority

$ 32,662,460 $ 30,224,718

Georgia Nonpublic Postsecondary Education Commission

$

984,156 $

524,466

Total

$ 39,194,280 $ 30,749,184

B. Budget Unit: Lottery for Education............................ .$121,620,611 Hope Financial Aid--Tuition .................................. .$54,735,561 Hope Financial Aid--Books ................................... .$14,417,200 Hope Financial Aid--Fees....................................... $7,906,850

THURSDAY, MARCH 9, 1995

1279

Tuition Equalization Grants .................................... $31,125,000 Georgia Military College Scholarship .............................. $336,000 LEPD Scholarship............................................... $100,000 Teacher Scholarships .......................................... $10,000,000 Promise Scholarships ........................................... $3,000,000 Total Funds Budgeted ....................................... .$121,620,611 Lottery Funds Budgeted ..................................... .$121,620,611

Section 33. Teachers' Retirement System. Budget Unit: Teachers' Retirement System.......................... $4,075,000 Personal Services .............................................. $4,178,685 Regular Operating Expenses ..................................... $392,000 Travel .......................................................... $30,000 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $13,100 Computer Charges ............................................. $1,045,542 Real Estate Rentals ............................................. $469,750 Telecommunications .............................................. $91,617 Per Diem, Fees and Contracts .................................... $401,000 Retirement System Members .................................... $3,650,000 Floor Fund for Local Retirement Systems .......................... $425,000 Total Funds Budgeted ......................................... $10,696,694 State Funds Budgeted .......................................... $4,075,000

Section 34. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education ..... .$160,130,321
Personal Services .............................................. $3,980,860 Regular Operating Expenses ..................................... $413,225 Travel ......................................................... $120,500 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $15,000 Computer Charges .............................................. $837,200 Real Estate Rentals ............................................. $365,610 Telecommunications ............................................. $195,000 Per Diem, Fees and Contracts .................................... $510,000 Personal Services--Institutions ............................... .$109,082,462 Operating Expenses--Institutions ............................... $22,447,798 Capital Outlay........................................................ $0 Quick Start Program ........................................... $6,544,505 Area School Program ......................................... .$28,727,650 Regents Program...............................................$2,785,175 Adult Literacy Grants ......................................... $17,685,945 Total Funds Budgeted ....................................... .$193,710,930 State Funds Budgeted ....................................... .$160,130,321

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 6,437,395 $ 4,508,718

Institutional Programs

$ 187,273,535 $ 155,621,603

Total

$ 193,710,930 $ 160,130,321

B. Budget Unit: Lottery for Education............................. .$39,248,713 Computer Laboratories and Satellite Dishes-Adult Literacy ........ $1,000,000 Capital Outlay--Technical Institute Satellite Facilities ........... .$31,363,460 Equipment--Technical Institutes ................................ $6,885,253 Total Funds Budgeted ................................................. $0 Lottery Funds Budgeted ....................................... $39,248,713

1280

JOURNAL OF THE SENATE

Section 35. Department of Transportation. Budget Unit: Department of Transportation ...................... .$456,479,006 Personal Services ........................................... .$249,983,559 Regular Operating Expenses ................................... $59,750,505 Travel ........................................................ $1,626,000 Motor Vehicle Purchases ........................................ $2,296,000 Equipment .................................................... $7,386,306 Computer Charges ............................................. $4,947,700 Real Estate Rentals ............................................ $1,317,373 Telecommunications ............................................ $2,384,080 Per Diem, Fees and Contracts .................................. $45,444,107 Capital Outlay .............................................. .$706,393,946 Capital Outlay--Airport Approach Aid and Operational Improvements ............................................... $1,024,100 Capital Outlay--Airport Development ............................ $1,267,500 Mass Transit Grants ......................................... .$14,210,006 Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations ............................................... $765,000 Contracts with the Georgia Rail Passenger Authority. ............... $130,000 Total Funds Budgeted ...................................... $1,098,926,182 State Funds Budgeted ....................................... .$456,479,006

Departmental Functional Budgets Total Funds

Motor Fuel Tax Budget

Planning and Construction

$ 801,224,056

Maintenance and Betterments

$ 237,740,337

Facilities and Equipment

$ 14,953,830

Administration

$ 24,250,996

Total

$ 1,078,169,219

State Funds
$ 180,579,837 $ 226,400,337 $ 14,393,830 $ 23,625,996 $ 445,000,000

General Funds Budget Planning and Construction Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Total

$

50,000 $

50,000

$ 1,424,384 $ 1,037,384

$ 18,517,579 $ 9,626,622

$

765,000 $

765,000

$ 20,756,963 $ 11,479,006

Section 36. Department of Veterans Service. Budget Unit: Department of Veterans Service ...................... $23,664,963 Personal Services .............................................. $4,808,859 Regular Operating Expenses ..................................... $121,700 Travel .......................................................... $80,000 Motor Vehicle Purchases .......................................... $19,275 Equipment ..................................................... $189,500 Computer Charges ............................................... $25,000 Real Estate Rentals ............................................. $242,700 Telecommunications .............................................. $60,200 Per Diem, Fees and Contracts ..................................... $24,500 Operating Expense/Payments to Central State Hospital............ $17,624,956 Operating Expense/Payments to Medical College of Georgia ........ $7,125,557 Regular Operating Expenses for Projects and Insurance ............. $648,000 Total Funds Budgeted ......................................... $30,970,247

THURSDAY, MARCH 9, 1995

1281

State Funds Budgeted ........................................ .$23,664,963

Departmental Functional Budgets Total Funds

Veterans Assistance

$ 5,475,434

Veterans Home and Nursing Facility-- Milledgeville

$ 18,189,256

Veterans Nursing Home--Augusta

$ 7,305,557

Total

$ 30,970,247

State Funds $ 5,203,934
$ 13,355,472 $ 5,105,557 $ 23,664,963

Section 37. Workers' Compensation Board. Budget Unit: Workers' Compensation Board........................ $10,233,514 Personal Services .............................................. $7,793,946 Regular Operating Expenses ..................................... $372,074 Travel .......................................................... $79,840 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $27,369 Computer Charges .............................................. $250,531 Real Estate Rentals ............................................ $1,053,290 Telecommunications ............................................. $189,290 Per Diem, Fees and Contracts .................................... $270,000 Payments to State Treasury ...................................... $387,174 Total Funds Budgeted ......................................... $10,423,514 Stale Funds Budgeted ........................................ .$10,233,514
Section 38. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt
Sinking Fund State General Funds (Issued)................................. .$297,757,565 Motor Fuel Tax Funds (Issued) ................................. $70,000,000 $367,757,565
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) ................................... .$51,142,200 Motor Fuel Tax Funds (New) ............................................ 0 $51,142,200

Section 39. Provisions Relative to Section 3, Judicial Branch. The appropriations in Section 3 (Judicial) 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 the 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; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; 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 At torneys 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 1710-6 the Council of Superior Court Judges, and the Judicial Administrative Districts cre ated 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; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and oper ating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts

1282

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Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Report ing of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Coun cil of Probate Court Judges and the Council of State Court Judges.

Section 40. Provisions Relative to Section 9, Department Of Community Affairs. Pro vided, that the funds appropriated herein to the Georgia Environmental Facilities Author ity for loans shall be available for nominal or no interest loans to counties, municipalities local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.

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

Recipient

Purpose

Amount

City ofVidalia

Operations of Tourism Program

Tift County

Construction of Mid-Step Building

Gwinnett County Board Installation of Ballfield Lights at North Gwinnett

of Education

High School

Muscogee County

Furniture and Equipment for New Horizons

Community Service Board

City of Atlanta

Operation of Public Access and Teacher

Preparation Programs at Clark Atlanta

University

Chattooga Valley

Purchase of Bookmobile and Delivery Van

Regional Library

System

City of Columbus

Repairs for Springer Opera House

City of Graham

Operations of City of Graham Detention Facility

Berrien County

Operations of Berrien County Jail

City of Union Point

Law Enforcement Operations

City of Rome

Operations of Sara Hightower Regional Library

City of Cave Spring

Operations of Rolator Park

Cobb County

Refurbishment and Restoration of B-29

City of Milan

Operations of Milan Arts Center

Laurens County Board Renovate and equip Computer Room at S.W.

of Education

Laurens Elementary School

Bleckley County Board Construction of a Classroom Building

of Education

Richmond County

Restoration and Rehabilitation of President

Woodrow Wilson's home in Augusta

Lamar County

Installation of Fire Hydrants and water lines

City of Atlanta Board Renovation to Capitol View Elementary School

of Education

City of Garden City

Purchase of Fire Truck

Ware County

Reimbursement for Legal Expenses

City of Porterdale

Repairs to the Gym/Civic Center

City of LaGrange

Renovations to Dawson Street School in LaGrange

Crisp County Board of Construction of Greenhouse

Education

Bulloch County

Operation of Tree Life Program

Jenkins County

Construction of Livestock Facility

Lowndes County

Construction of Health Clinic

City ofWestville

Restoration to the Historic Well's House

Worth County Board of Construction of Worth County Agricultural

Education

Pavillion

$5,000 $50,000
$50,000
$25,000
$134,000 $105,000
$50,000 $25,000 $25,000 $22,500 $5,000 $40,000 $30,000 $25,000
$10,000 $75,000
$20,000 $20,000 $11,500
$10,000 $50,000 $75,000 $25,000 $30,000
$5,000 $75,000 $50,000 $35,000
$25,000

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1283

Turner County Board Operation of Turner County Library

of Education

Turner County Board Construction of Bleachers

of Education

City of Atlanta

Operations of Comprehensive Youth Services

Mitchell County

Construction of High School Green House

Wayne County

Operation of Motherhood and Beyond

Irwin County

Construction of a Livestock and Community

Facility

Muscogee County

Construction of Tender Love and Care--Home

Dooly County

Byromville Water System improvements

Macon County Board of Roof Repairs to Industrial Art Building

Education

Stephens County Board Operation of Medical Station

of Education

City of Lavonia

Water System Improvements

Monroe County

Feasibility Study for Bicycle Trail

City of Loganville

Purchase of Library Materials

DeKalb County

Operations of Brown's Mill Recreation and

Youthbuild

City of Dalton

Operations of Northwest Georgia Girl's Home

Clayton County

Operation of Worktec

Washington County

Renovations to the T.J. Elder Community Center

Washington County

Renovations to Technology Training Facility

Bibb County

Preservation of Hay House

Clarke County

Renovation to Athens Airport Terminal

Wayne County

Construction of Additional Facilities for the

Recreational Department

Wayne County

Renovation to the Courthouse

Armstrong State

To Operate the Troops to Teachers Program

College

Rockdale County

Purchase of Public Library Equipment

City of Atlanta Board Operations of Atlanta Writing Resource Center

of Education

City of Kite

Renovation of City Hall Building

Emanuel County Board Construction of Athletic Complex

of Education

City of Savannah

Repairs for Historic Railroad Shops

Chattooga County

Water Projects for Rural Chattooga County

Water Authority

Chattooga County

Purchase of Elderly Calling Equipment

Laurens County Board Renovation or Construction for Health Education

of Education

Classroom Annex

Laurens County Board Construction of Annex at West Laurens High

of Education

School

Cattoosa County

Construction of Animal Shelter

Hart County

Construction of Recreational Complex

Effingham County

Construction of Effingham Media Centers

Board of Education

Bibb County

Operations of Booker T. Washington Community

Center

Bibb County

Operations of Ruth Hartley Mosley Center for

Women

Bibb County

Operations of Macon Little League

Crawford County

Water and Sewer Improvements

City of Quitman

Construction of Recreational Center

$5,000
$20,000
$79,489 $25,000 $30,000
$75,000 $10,000 $10,000 $15,000
$25,000
$25,000 $10,000 $15,000
$40,000 $50,000 $125,000 $10,000 $40,000 $75,000 $40,000
$10,000 $15,000 $25,000
$25,000 $20,000
$5,000 $75,000
$40,000 $25,000
$6,000
$75,000
$10,000 $25,000 $45,000 $75,000
$15,000
$50,000 $15,000 $75,000 $15,000

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City of Quitman

Historical Preservation of Beulah Baptist Church

Brooks County

Repairs for Simmon Hill Community and

Recreation Center

Bibb County

Operations of Macon Museum of Arts and Science

Hall County

Operations of Mentoring Program

Hall County

Renovations to EE Butler Community Center

Mitchell County

Construction of Agri-Center

Echols County Board of Completion of Covered Walkway System

Education

Clinch County Board of Completion of Education Facility

Education

Lanier County Board of Expansion to Education Facility

Education

Sumter County

Construction of New Recreation Complex

Brantley County

Prosecution of Capital Offense Case

Butts County

Courthouse Renovations

Glynn County

Operations of SHARE Rehabilitation Program

Dekalb County

Operation of Center for Visually Impaired

Bacon County

Prosecution of Capital Offense Case

City of Columbus

Operation of Columbus Youth Network

Muscogee County

Operation of Combined Communities of Southeast

Columbus

Muscogee County

Operation of Community Connection and

Intervention

Muscogee County

Operation of Two Thousand Opportunities, Inc.

Catoosa County

Operation of Northwest Georgia Crisis Center

Morgan County

Operation of Madison/Morgan Culture Center

City of Atlanta

Operations of the Atlanta Respite Services, Inc.

Fulton County

Purchase of Van for Sr. Citizens Program

Fulton County

Restorations at Life Holding House

City of Broxton

Renovations to the Fire House and Community

Center

City of Columbus

To Operate Play and Learn Together Program at

Baker Village and Canty Homes

Muscogee County

To Operate Columbus Community Center

Dekalb County

Consulting Services for the Historic Preservation

Division

Fulton County

To Operate Community of Care Delivery System for At-Risk Children

Clayton County

Operation of Securus House

Rabun County Board of Renovation of Old Gym

Education

Union County

Operation of Day Care Center

City of Greenville

Renovations Old Greenville Depot

Dooly County

Planning and Construction of a Government Center

Houston County Board Installation of Internet at Perry High School

of Education

Construction of a National Memorial for Women

in Military Service

City of Decatur

Contract for Services from Georgia School-age

Care Association

Richmond County

Purchase Property for Park in Atlanta

Houston County

Operation of Aviation Museum

Houston County

Planning and Designing of an Educational Facility

Wayne County

Operation of Wayne County Partners in Education

$15,000
$15,000
$50,000 $35,000 $25,000 $15,000 $50,000 $35,000 $5,000
$25,000
$15,000 $25,000 $15,000 $25,000 $45,000 $35,000 $10,000
$40,000
$25,000 $25,000
$35,000
$150,000 $10,000 $75,000
$40,000 $25,000
$100,000 $40,000
$25,000
$300,000 $40,000 $200,000 $180,000 $20,000

THURSDAY, MARCH 9, 1995

1285

City of Augusta

Operating Expenses for Community Based

Programs

Bibb County

To Operate the Council on Child Abuse

City of Cartersville

Operation of the Etowah Foundation Education

Coweta County

Operation of Economic Development Information

Center

Burke County

Operating Expenses for the Burke County

Development Authority

Dekalb County

To Operate South Dekalb Business Incubator

Screven County Board For Auditorium Repairs

of Education

Tattnall County Board Repairs for Livestock Pavilion

of Education

Effingham County

Operating Expenses for DFCS

Miller County

Operating Expenses for DFCS

Brooks County

Operating Expenses for DFCS

Peach County

To Operate Peach Library Literacy Mobile

City of Rockmart

For Repairs and Equipment for the Rockmart

Performing Arts Theater

Liberty County Board Repairs for Liberty County Courthouse

of Commissioners

Mclntosh County

Multi-purpose Complex Equipment

City of Greenville

Old Greenville Depot Repairs

City of Comer

To Purchase a Patrol Car

Jackson County

Operation of the Human Resources Council

Floyd County

To Operate Recycling Program

City of Rome

Computer Equipment for Rome/Floyd Transitional

School

Dawson County

For Capital Offense Legal Assistance

Lumpkin County

For Capital Offense Legal Assistance

City of Pelham

Construction of an Agricultural Facility at Pelham

High School

Seminole County

To Construct Spring Creek Volunteer Fire

Department Facility

Early County

Roof Repairs for Early County Library

City of Atlanta

To Operate Litter Abatement Program

Candler County

To Operate Litter Abatement Program

Webster County

Renovations to Webster County Courthouse

Miller County

Renovation of Miller County Facility

Lowndes County

Operating Expenses for Lowndes County Health

Department

Polk County

For Construction of EMS Facility

Clarke County Board of Repairs to Track Surface for Cedar Shoals High

Education

School

City of Riverdale

Park Improvements

City of Oglethorpe

To Purchase a Patrol Car

Macon County School Roof Repairs for Macon County High School

System

City of Americus

For Revitalization of Downtown City of Americus

City of Jonesboro

Park Improvements

City of Helena

To Construct Recreational Complex

City of Eastman

Operating Expenses for the Middle Georgia Easter

Seal Program

City of Douglas

Equipment for the Coffee County Humane Society

Atkinson County

To Purchase Radio and Computer Equipment

$40,000 $50,000 $57,000
$50,000
$30,000 $25,000 $20,000
$10,000
$20,000 $20,000 $20,000 $62,000
$10,000 $50,000
$10,000 $75,000 $10,000 $15,000 $101,439
$30,410 $35,000 $35,000
$40,000
$25,000 $20,000 $25,000 $25,000 $25,000 $20,000
$30,000 $60,000
$50,000 $20,000 $10,000 $40,000
$100,000 $20,000 $15,000
$75,000 $15,000 $10,000

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Bleckley County
Pulaski County City of Warner Robins
Houston County
Pulaski County Dekalb County City of Jonesboro Clayton County
City of Morrow City of Augusta
Athens/Clarke County
Peachtree City Glynn County Treutlen County Board
of Education Lincoln County

Paving for the Bleckley County Recreation Department
Operation of the Senior Citizens Program Operating Expenses for the Northside Pine Arts
Program Operating Expenses for the Houston County Court
Mediation Program Repairs for Hartford Water System To Fund the Homeless Program For Historical Jonesboro Renovations and Repairs Relocation and Renovation Expenses for ARTS
Clayton Park Improvements Planning and Design of an Overhead Crosswalk
on Washington Road Operating Funds for the Safe Campus Now
Program Equipment for Braelinn Park Improvements to Andrews Island Improvements to Facilities at Treutlen County
High School Operating Funds for Recreation and Historic
Preservations Services

$40,000 $100,000
$15,000
$15,000 $30,000 $40,000 $20,000
$20,000 $20,000
$20,000
$40,000 $7,500 $7,500
$50,000
$10,000

Section 41. Provisions Relative to Section 12, State Board Of Education Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,650.26. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. Provided, that of the above appropriation relative to 13% incentive grants to local school systems for im plementing 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 instruc tional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards pre scribed by the State Board of Education for middle school programs.

Section 42. Provisions Relative to Section 17, 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 As st. 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, the Department of Human Resources is authorized to transfer funds be tween the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician,

THURSDAY, MARCH 9, 1995

1287

nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.
Section 43. Provisions Relative to Section 22, 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 pur poses 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.
Section 44. Provisions Relative to Section 23, Merit System Of Personnel Administra tion. The Department is authorized to assess no more than $171.50 per merit system budg eted position for the cost of departmental operations. It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SPY 1996 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 1996 shall not ex ceed 8.66%.
Section 45. Provisions Relative to Section 24, Department of Natural Resources. Pro vided, 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 au thorized 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 Divi sion for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Section 46. Provisions Relative to Section 35, 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 paya ble in lieu of the Motor Fuel Tax Funds appropriated in Section 35 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and up grade the quality of air transportation equipment.
g.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport.
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

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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 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.
Section 47. In addition to all other appropriations for the State fiscal year ending June 30,1996, 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 Meas ures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $9,468,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/ mental retardation institutions ($9,348,000 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 trans fer 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 48. To the extent to which Federal funds become available in amounts in ex cess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 49. 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 50. 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.

THURSDAY, MARCH 9, 1995

1289

Section 51. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 52. 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 de partment, 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 53. (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 1995 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 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 amend ments properly approved by the Director of the Budget.
(b.)(l.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.)(2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each com mon object class are authorized. However, the total expenditure for the group may not 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 adminis tration of the annual operating budget.
Section 54. 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 combination of budget units within a designated section, respectively, and shall supersede the object clas sification 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 55. 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

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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 56. Provisions Relative to Section 38, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt ser vice 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.
Regular entitlements for 23 school systems Regular advanced funding for 23 school systems School consolidation for one system Advanced incentive funding to 9 school systems Construction of a health and physical education facility at
Albany State Construction of a science building at Augusta College Construction of a classroom and office building at Kennesaw
State Construction of a College of Education building and site
development at Georgia Southern Construction of a classroom and office building, parking and site
development at DeKalb College North Campus Construction of a classroom, office building and a Law
Enforcement Training Center at Armstrong State Provide funding for construction cost overruns at various Board
of Regents facilities Construction of a student center at Georgia State University
(debt service will be repaid by Georgia State) Construction of addition to the student center at Kennesaw
State College (debt service will be repaid by Kennesaw State) Construction of a multi-purpose livestock building for the
Georgia Agricultural Exposition Authority Construction of a portion of the Georgia International Maritime
Trade Center in Savannah Construction of cottages, trails, campsites and a marina at
Richard B. Russell State Park and phase I of construction of a golf course at George T. Bagby State Lodge Park Initial funding for the River Care 2000 program to acquire sensitive land along river corridors Completion of construction of the golf course at Laura S. Walker State Park Funding for a cabin, comfort station, infrastructure, visitor center renovation and other projects at the Smithgall Woods Dukes Creek Conservation Area Acquisition of Civil War sites on behalf of the Civil War Commission Purchase of equipment for the Governor's Traditional Industries Competitiveness Initiatives Major structural repairs of two Category I dams (Etowah River--Dawson County and Racoon Creek-Bartow County) Matching fund for the federal Surface Transportation Program Provide for dike construction at the Savannah Harbor Construction of a rail yard in Camilla Construction of two 100-bed YDCs in Mclntosh and Muscogee Counties and a 100-bed RYDC in Metropolitan Atlanta for Superior Court youth

Principal Amount 64,295,000 28,770,000 5,535,000 26,855,000
13,460,000 1,319,080 15,015,000 1,471,470
13,660,000 1,338,680
15,160,000 1,485,680
15,670,000 1,535,660
8,645,000 847,210
18,435,000 1,806,630
12,000,000 1,176,000
8,000,000 784,000
3,650,000 357,700
10,200,000 999,600

5,600,000 5,000,000 1,500,000

548,800 490,000 147,000

635,000 62,230
500,000 49,000
2,415,000 236,670
2,345,000 229,810 70,000,000 6,860,000 5,000,000 490,000
910,000 89,180

33,000,000 3,234,000

THURSDAY, MARCH 9, 1995

1291

Repairs and renovations at the Atlanta Farmers' Market and other markets statewide
Improvements to all state facilities including Board of Regents' institutions to comply with the requirements of the Americans With Disabilities Act
Initial program of closing, replacing and removing underground storage tanks at state-owned facilities
Construction of 4-lane roads Construction of a grain facility Purchase and rehabilitation of railroad lines Construction of a youth detention center Land acquisition for future development of parking facilities Construction of 1,600 prison beds Land acquisition for future expansion of the World Congress
Center Acquisition of Plaza Park Planning and design of a regional and cultural facility in
Columbus/Muscogee County Design of the Manufacturing-Related Disciplines Complex at the
Georgia Institute of Technology and the Student Services Building at Macon College Funding for the Developmental Highway Program Acquisition of the McCaysville to Blue Ridge rail line Planning and design of a dormitory at Southern College of Technology (debt service will be repaid by Southern College of Technology)
B.) Maturities not to exceed sixty months. Planning and design of a multi-purpose sheep/swine building for
the Georgia Agricultural Exposition Authority Purchase of equipment for the golf course at Laura S. Walker
State Park Planning and design of prisons in Wheeler, Charlton and Coffee
Counties Planning and design of an addition to the building housing the
Georgia Emergency Management Agency Construction of a poultry lab in Franklin County Planning and design of a 336 bed correctional facility in
Spalding County Repair of the roof on the R. J. Reynolds facility on Sapelo Island Planning and design of a master plan at Red Top Mountain
State Park

2,600,000
8,000,000
5,000,000 25,000,000
8,600,000 2,490,000 16,500,000 6,100,000 24,000,000
2,000,000 9,400,000
2,000,000
1,600,000 10,000,000
500,000
855,000
85,000
535,000
2,550,000
200,000 180,000
425,000 400,000
100,000

254,800
784,000
490,000 2,450,000
842,800 244,020 1,617,000 597,800 2,352,000
196,000 921,200
196,000
156,800 980,000 49,000
83,790
20,400
128,400
612,000
48,000 43,200
102,000 96,000
24,000

Section 57. Salary Adjustments. In addition to all other appropriations, there is hereby appropriated $216,661,728 for the following purposes: 1.) To provide a cost of living increase of 5%, or where applicable, ten increments on the Merit System General Pay Schedule for full-time 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 or better. 2.) To provide for a 5% 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 shall receive a 2.5% cost of living increase, effective July 1, 1995. 3.) To provide for a 6% 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 1,1995 and provide a 5% increase for school bus drivers and lunchroom workers effective July 1, 1995. 4.) To provide a 6% funding level for merit increases for Regents faculty and support personnel to be awarded on July 1, 1995 for non-academic personnel and on September 1, 1995 for academic personnel. 5.) To reassign the following job classes

1292

JOURNAL OF THE SENATE

by one paygrade and provide a 6% increase to incumbents of all positions in these classes: Youth Development Worker and Senior Youth Development Worker. 6.) To increase Per sonal Services funding in the Department of Law to provide for performance-based salary upgrades. 7.) To increase the base hour rate for temporary employees in the Department of Revenue by 25 cents per hour. .) 8.) To provide for a 5% salary increase for incumbents in the Wildlife Technician job classes. 9.) To create and improve career ladders for affected Pardons and Paroles employees by: a.) establishing the Parole Investigator and Chief Pa role Officer job classes, b.) reassignment of the Parole Review Officer job class by two paygrades and the Senior Parole Review Officer job class by three paygrades, c.) increasing the special supplement for parole officers with intensive supervision caseloads. 10.) To pro vide a 4% salary increase for incumbent scientists in the Georgia Bureau of Investigation's Forensic Science Division.

Section 58. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1996

$10,700,856,569

Section 59. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 60. All laws and parts of laws in conflict with this Act are repealed.

Senators Clay of the 37th, Day of the 48th and Isakson of the 21st offered the following amendment:
Amend the committee substitute to HB 202 by adding on line 544 of page 13, immediately after the word "for", the following:
"at-risk".
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 Black Boshears Burton Cagle Clay

Day Egan Glanton Gochenour Guhl

Isakson McGuire Newbill Tanksley Tysinger

Those voting in the negative were Senators:

Abernathy Blitch Bowen Broun of 46th Brown of 26th Cheeks Crotts Dean Edge Farrow Gillis Griffin Harbison
Henson

Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable Middleton Oliver Perdue

Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Walker

On the adoption of the amendment, the yeas were 16, nays 40; and the Clay, et al. amendment to the committee substitute was lost.
Senators Glanton of the 34th, Gochenour of the 27th, McGuire of the 30th, et al. moved to amend Senate Committee on Appropriations substitute to H.B. 202 by (removing from) the funds budgeted for the Department of Human Resources, Budget Unit "A" Section 17,

THURSDAY, MARCH 9, 1995

1293

State Fiscal Year 1996 the figure $530,945 and by decreasing the object classes as listed below:

Object Classes Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Purchases Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Institutional Repairs & Maintenance Postage Payments to DMA-Community Care Family Planning Benefits Grant In Aid to Counties Children's Trust Fund Cash Benefits Grants to County DFACS-- Operations

$ $ $ $ $ $ $ $ $ $ $ $ (430,945) $ $ $ $ (100,000) $ $ $ $

Total Funds

$ (530,945)

State Funds

$ (34,000)

(End of Amendment)

Section 17

Department Human Resources, Budget Unit "A"

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 Black Boshears Burton Cagle Cheeks
Clay

Crotts Day Edge Glanton Gochenour Guhl

Those voting in the negative were Senators:

Abernathy Blitch Bowen Broun of 46th Brown of 26th Dean Egan Farrow Griffin Harbison Henson Hill

Hooks James Johnson of 2nd Kemp Land Langford Madden Marable Middleton Oliver Perdue Pollard

Isakson Johnson of 1st McGuire Newbill Ralston Tanksley
Ragan Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Not voting was Senator Gillis.

1294

JOURNAL OF THE SENATE

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

Senators Balfour of the 9th, Gochenour of the 27th, McGuire of the 30th, et al. moved to amend Senate Committee on Appropriations Substitute to H.B. 202 by (removing from) the State funds budgeted for the Department of Community Affairs, Section 9, relating to State Fiscal Year 1996 the figure $5,733,338 and by (decreasing) the object classes as listed below:

Object Classes

Regular Operating

$

Travel

$

Equipment

$

Computer Charges

$

Telecommunications

$

Local Assistance Grants

$ (5,733,338)

Music Hall of Fame

$

Sports Hall of Fame

$

Georgia Housing and Finance Authority

$

Georgia Environmental Facilities Authority

$

State Commission on National & Community Service $

Community Development Block Grants

$

Total Funds

$ (5,733,338)

Other Funds

$

State Funds

$ (5,733,338)

and by (addingXdeleting) the following language: (End of Amendment)
Section 9 Department of Community Affairs Amendment removes $5,733,338 in Local Assistance Grants (Items 7 and 9, page 12 and 15 on comparative summary)

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 Black Cagle Clay Day

Edge Egan Glanton Gochenour

Guhl Isakson McGuire Newbill

Those voting in the negative were Senators:

Abernathy Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton Cheeks Crotts Dean Farrow Gillis Griffin Harbison

Henson Hill Hooks James
Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable Middleton Perdue Pollard

Ragan Ralston Ray Slotin
Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

THURSDAY, MARCH 9, 1995

1295

Not voting were Senators Oliver and Scott.

On the adoption of the amendment, the yeas were 13, nays 41, and the Balfour, et al. amendment to the committee substitute was lost.

Senators Gochenour of the 27th, McGuire of the 30th, Glanton of the 34th, et al. moved to amend Senate Committee On Appropriations Substitute to H.B. 202 by (removing from) total State fund appropriations relating to the figure $671,182,585 and (decreasing) State funds as listed below:

Georgia General Assembly Department of Audits Department of Administrative Services Department of Agriculture Department of Banking and Finance Department of Children and Youth Services Department of Community Affairs Department of Corrections "A" Department of Corrections "B" Department of Defense State Board of Education Employees Retirement System Georgia Forestry Commission Georgia Bureau of Investigation Office of the Governor Department of Human Resources "A" Department of Human Resources "B" Department of Industry, Trade and Tourism Department of Insurance Department of Labor Department of Law Department of Medical Assistance Department of Natural Resources Department of Public Safety Department of Public School Employees' Retirement System Public Service Commission Board of Regents, University System of Georgia "A" Board of Regents, University System of Georgia "B" Department of Revenue Department of Secretary of State "A" Department of Secretary of State "B" Soil and Water Conservation Commission Student Finance Commission Teachers' Retirement System Department of Technical and Adult Education Department of Transportation Department of Veterans Service State Board of Worker's Compensation State of Georgia General Obligation Debt Sinking Fund Salary Adjustments
Total State Fund Reduction End of Amendment

&

(83,840)

(813,983)

(13,274,760)

(807,272)

(137,032)

(37,052,649)

(10,503,635)

(18,841,809)

(1,820,601)

(3,692,289)

(74,608,859)

(110,755)

(609,819)

(2,945,478)

(7,472,344)

(82,414,974)

(47,941,056)

(7,096,570)

(1,496,888)

(4,574,626)

(648,127)

(71,442,793)

(7,898,934)

(4,437,576)

(6,879,400)

(231,095)

(144,925,483)

(16,492,624)

(5,893,135)

(1,849,937)

(120,036)

(7,281)

(3,419,049)

(559,665)

(11,114,477)

(4,608,774)

(343,228)

(51,142,200) (22,869,532)
i (671,182,585)

1296

JOURNAL OF THE SENATE

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 Black Burton Cagle Clay

Crotts Day Edge Glanton Gochenour

Guhl McGuire Newbill Tanksley

Those voting in the negative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Cheeks Dean Egan Farrow Gillis Griffin Harbison Henson

Hill Hooks Isakson Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable Middleton Perdue Pollard

Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators James and Oliver.

On the adoption of the amendment, the yeas were 14, nays 40, and the Gochenour, et al. amendment to the committee substitute was lost.

Senators Gochenour of the 27th, McGuire of the 30th, Glanton of the 34th, et al. moved to amend Senate Committee on Appropriations Substitute to HB 202 by (adding to) total State fund appropriations relating to the figure $406,490,000 and (increasing) State funds as listed below:

Georgia General Assembly Department of Audits Department of Administrative Services Department of Agriculture Department of Banking and Finance Department of Children and Youth Services Department of Community Affairs Department of Corrections Department of Defense State Board of Education
Employees Retirement System Georgia Forestry Commission Georgia Bureau of Investigation Office of the Governor Department of Human Resources "A" Department of Human Resources "B" Department of Industry, Trade and Tourism Department of Insurance Department of Labor Department of Law Department of Medical Assistance Department of Natural Resources Department of Public Safety

$ 500,000 180,000
49,500,000 26,975,000 125,455,000
3,380,000

THURSDAY, MARCH 9, 1995

1297

Department of Public School Employees' Retirement System Public Service Commission Board of Regents, University System of Georgia "A" Board of Regents, University System of Georgia "B"
Department of Revenue Department of Secretary of State "A" Department of Secretary of State "B" Soil and Water Conservation Commission Student Finance Commission Teachers' Retirement System Department of Technical and Adult Education Department of Transportation Department of Veterans Service State Board of Worker's Compensation State of Georgia General Obligation Debt Sinking Fund Salary Adjustments

125,500,000 75,000,000

Total State Fund Addition

$ 406,490,000

End of Amendment

Amendment proposes funding capital outlay projects with cash

(Items 3,5,6,7,8,18,19,23,25,26,28,36,38,44,46,50,51,52,53,56 located in the bond section

of the comparative summary)

Senator Gochenour of the 27th asked unanimous consent that the amendment be withdrawn.

The consent was granted, and the Gochenour, et al. amendment was withdrawn from consideration.

Senator Day of the 48th moved to amend Senate Committee on Appropriations Substi tute to H.B. 202 by (adding toXremoving from) the State funds budgeted for Office of the Governor Section 16; and adding to Department of Education, Section 12 relating to State Fiscal Year 1996 the figure $0 and by (increasingXdecreasing) the object classes as listed below:

Object Classes

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases $

Publications and Printing

$

Equipment Purchases

$

Per Diem, Fees and Contracts

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Cost of Operations

$

Governor's Emergency Fund

$

Art Grants of State Funds

$ (700,000)

Kindergarten/Grades 1--3

$ 643,012

Remedial Education

$ 56,988

Children and Youth Grants

$

Juvenile Justice Grants

$

Total Funds

$

0

State Funds

$

0

(End of Amendment)

Section 16: Office of the Governor

Section 12: Department of Education

1298

JOURNAL OF THE SENATE

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 Black Burton Cagle Crotts

Day Edge Glanton Gochenour Guhl

Johnson of 1st McGuire Newbill Tanksley Tysinger

Those voting in the negative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Cheeks Clay Dean Egan Farrow Gillis Griffin Harbison

Henson Hill Hooks Isakson James Johnson of 2nd Kemp Land Langford Madden Marable Middleton Oliver Perdue

Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Walker

On the adoption of the amendment, the yeas were 15, nays 41, and the Day amend ment to the committee substitute was lost.

Senators McGuire of the 30th, Gochenour of the 27th, Cagle of the 49th, et al. offered the following amendment:
Amend the Senate Appropriations substitute to HB 202 by reducing the figure on line 2158, page 48, by $80,000 and insert a new figure of $216,581,728. And striking on line 2164 the "s1e9n9te5n."ce beginning with the word "Members" and ending on line 2165 with the word

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 Black Cagle
Clay

Edge Glanton Gochenour
McGuire

Newbill
Ralston Tanksley

Those voting in the negative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Crotts Dean Egan Farrow

Gillis Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp

Land Langford Madden Marable Middleton Oliver Perdue Pollard Ragan Ray Scott Slotin

THURSDAY, MARCH 9, 1995

1299

Starr Stokes Taylor

Thomas Turner

Not voting were Senators Day and Thompson.

Tysinger Walker

On the adoption of the amendment, the yeas were 11, nays 43, and the McGuire, et al. amendment to the committee substitute was lost.

Senator Day of the 48th moved to amend Senate Committee on Appropriations Substi tute to HB 202 by (adding to) the funds budgeted for the Department of Human Resources, Budget Unit "A" Section 17 and the Department of Children and Youth Services, Section 8, relating to State Fiscal Year 1996 the figure $700,000 and by increasing the object classes as listed below:

Object Classes

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases

$

Equipment Purchases

$

Real Estate Rentals

$

Per Diem Fees and Contracts

$

Computer Charges

$

Telecommunications

$

Special Purpose Contracts

$

Service Benefits for Children

$ 700,000

Purchase of Service Contracts

$

Institutional Repairs & Maintenance

$

Postage

$

Payments to DMA--Community Care

$

Family Planning Benefits

$

Grant in Aid to Counties

$

Children's Trust Fund

$

Cash Benefits

$

Grants to County DFACS--Operations

$

Total Funds

$ 700,000

State Funds

$ 700,000

(End of Amendment)

Section 8 Department of Children and Youth Services--

$180,822

Section 17 Department Human Resources, Budget Unit "A"--$519,178

Senator Day of the 48th asked unanimous consent that his amendment be withdrawn.
The consent was granted and the amendment was withdrawn from consideration.
On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Bowen

Broun of 46th Brown of 26th Burton Cheeks

Clay Crotts Dean Edge

1300

JOURNAL OF THE SENATE

Egan Farrow Gillis Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd

Johnson of 1st Kemp Land Langford Madden Marable Middleton Newbill Oliver Perdue Pollard Ragan

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

Those voting in the negative were Senators:

Balfour Cagle Day

Glanton Gochenour

McGuire Tanksley

Not voting was Senator Black.

On the passage of the bill, the yeas were 48, nays 7.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 266. By Representatives Shanahan of the 10th, Cummings of the 27th, McBee of the 88th and others:
A bill to amend Code Section 47-16-101 of the Official Code of Georgia Annotat ed, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, so as to provide that the board of trustees of such fund may grant a cost of living increase under certain circumstances.
Senate Sponsor: Senator Abernathy of the 38th.

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

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

Those voting in the affirmative were Senators:

Abernathy

Blitch

Boshears

Bowen

Broun of 46th

Brown of 26th

Burton

Cagle

Cheeks

.

Crotts

Day

Dean

Edge

Egan

Farrow

Gillis

Glanton

Gochenour

Griffin Guhl Harbison Henson
Hill Hooks
Isakson James
Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard
Ragan Ralston
Ray Slotin
Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

THURSDAY, MARCH 9, 1995

1301

Those not voting were Senators:

Balfour

Clay

Black

Scott

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Oliver of the 42nd moved that she be excused in order to attend a House com mittee meeting.
On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Oliver of the 42nd was excused from the Senate.
Senator Ralston of the 51st moved that he be excused in order to attend a House Judi ciary committee meeting.
On the motion, the yeas were 36, nays 5; the motion prevailed, and Senator Ralston of the 51st was excused from the Senate.

The Calendar was resumed.

HB 553. By Representatives Walker of the 141st, Royal of the 164th, Jamieson of the 22nd and others:
A bill to amend Chapter 86 of Title 36 of the Official Code of Georgia Annotated, the "Local Government Efficiency Act," so as to revise the provisions of said Act; to redefine a certain term; to provide for a local government efficiency grant program and the use of such grants.
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 Black Blitch Broun of 46th Brown of 26th Burton Cagle
Cheeks Clay Crotts Day Dean Edge Farrow
Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill
Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land
Langford

Madden Marable McGuire Middleton Newbill Perdue Pollard
Ray Starr Stokes Taylor Thomas Thompson Turner

Those not voting were Senators:

Balfour Boshears Bowen Egan

Oliver (excused) Ragan Ralston (excused) Scott

Slotin Tanksley Tysinger Walker

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

1302

JOURNAL OF THE SENATE

Senator Hill of the 4th moved that he be excused in order to attend a House committee meeting.
On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Hill of the 4th was excused from the Senate.
The Calendar was resumed.

HB 576. By Representatives Dobbs of the 92nd, Lane of the 146th, Barfoot of the 155th and others:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change the provisions relating to the membership and organization of the State Properties Commis sion.
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
Black Blitch Bowen
Broun of 46th Brown of 26th Burton Cagle Cheeks Clay
Crotts Day Dean

Edge Farrow
Gillis Glanton Gochenour
Griffin Harbison Henson Hooks Isakson James
Johnson of 2nd Johnson of 1st

Land Langford
Madden Marable Newbill
Perdue Pollard Ragan Starr Stokes Thomas
Turner Walker

Those not voting were Senators:

Boshears Egan Guhl Hill (excused) Kemp
McGuire

Middleton Oliver (excused) Ralston (excused) Ray Scott

Slotin Tanksley Taylor Thompson Tysinger

On the passage of the bill, the yeas were 40, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 621. By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to comprehen sively revise the "Georgia Land Sales Act"; to delete certain definitions; to define an additional term; to remove the Georgia Real Estate Commission as adminis trator of said Act.
Senate Sponsor: Senator Isakson of the 21st.

THUKSDAY, MARCH 9, 1995

1303

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

On 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 Black Blitch Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts
Day Dean
Edge Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hooks Isakson James Johnson of 2nd
Johnson of 1st Kemp
Land

Langford Madden Marable McGuire Newbill Perdue Pollard Ragan Starr Stokes Thomas
Thompson Turner
Walker

Those not voting were Senators:

Boshears Clay Egan Hill (excused) Middleton

Oliver (excused) Ralston (excused) Ray
Scott

Slotin Tanksley Taylor
Tysinger

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

HB 622. By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:

A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to comprehen sively revise the provisions of the "Georgia Time-Share Act"; to change the pur poses of said Act; to delete certain definitions; to remove the Georgia Real Estate Commission as the administrator of said Act.
Senate Sponsor: Senator Isakson of the 21st.

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

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Bowen Broun of 46th Brown of 26th Burton Cagle
Crotts Day

Dean Edge Farrow Gillis Glanton Gochenour Griffin Guhl
Harbison Henson

Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford
Madden Marable

1304

JOURNAL OF THE SENATE

Newbill Perdue Pollard

Ragan Stokes Tanksley

Those not voting were Senators:

Abernathy Boshears Cheeks Clay Egan Hill (excused)

McGuire Middleton Oliver (excused) Ralston (excused) Ray Scott

Taylor Thompson Turner
Slotin Starr Thomas Tysinger Walker

On the passage of the bill, the yeas were 39, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Cheeks of the 23rd moved that he be excused in order to attend a House com mittee meeting. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Cheeks of the 23rd was excused from the Senate.
The Calendar was resumed.

HB 262. By Representatives Childers of the 13th, Sherrill of the 62nd and Orrock of the 56th:

A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to enact the "Individual and Family Support Act of 1995".
Senate Sponsor: Senator Griffin of the 25th.

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

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

Those voting in the affirmative were Senators:

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

Gillis Griffin Guhl Harbison Henson Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford

Madden Marable McGuire Middleton Newbill Perdue Pollard Ragan Slotin Stokes Taylor Thomas Turner

Those voting in the negative were Senators:

Cagle Glanton

Gochenour

Thompson

Those not voting were Senators:

Black Boshears Cheeks (excused)

Hill (excused) Oliver (excused) Ralston (excused)

Ray Scott Starr

THURSDAY, MARCH 9, 1995

1305

Tanksley

Tysinger Walker

On the passage of the bill, the yeas were 40, nays 4. The bill, having received the requisite constitutional majority, was passed.

HR 155. 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 located in Floyd County. Senate Sponsor: Senator Marable of the 52nd.
Senator Marable of the 52nd moved that HR 155 be postponed for fifteen minutes.
On the motion, the yeas were 30, nays 0; the motion prevailed, and HR 155 was postponed.

HR 261. By Representatives Buck of the 135th, Culbreth of the 132nd, Smyre of the 136th and others:

A resolution designating a portion of the Pine Mountain Trail in honor of D. Neal Wickham.
Senate Sponsor: Senator Edge of the 28th.

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 Black Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Perdue Pollard Ragan Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Balfour Blitch Boshears Cheeks (excused)

Hill (excused) Oliver (excused) Ralston (excused)

Ray Scott Tysinger

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

1306

JOURNAL OF THE SENATE

HB 444. By Representative Twiggs of the 8th:

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 pro vide that any person employed or appointed as a jail officer six months after the effective date of this Act shall not be authorized to serve as a jail officer in any detention facility after a certain date unless such person has successfully com pleted a training course for jail officers approved by the Georgia Peace Officer Standards and Training Council.
Senate Sponsor: Senator Bowen of the 13th.

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

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

Those voting in the affirmative were Senators:

Black Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton

Griffin Guhl Harbison Henson Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Perdue Pollard Ragan Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Balfour Blitch Boshears

Cheeks (excused) Gochenour Hill (excused) Oliver (excused)

Ralston (excused) Scott Tysinger

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 6, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

HB 38. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change the method of allocation and apportion ment of corporate net income of certain corporations for state and local income tax purposes.
Senate Sponsor: Senator Farrow of the 54th.
The Senate substitute to HB 38, as it appears in the Journal of March 6, was automati cally reconsidered and put upon its adoption.

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On the adoption of the substitute, the yeas were 0, nays 41, and the substitute was lost.
Senators Starr of the 44th, Perdue of the 18th, Ray of the 19th, et al. offered the follow ing substitute to HB 38:
A BILL
To be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to income taxes, so as to change certain provisions relating to the calculation and payment of income taxes by persons or corporations; to increase the amount of certain exemptions; to increase the amount of certain standard deductions; to change the method of allocation and apportionment of corporate net income of certain corporations for state and local income tax purposes; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by striking subsection (b) of Code Section 48-7-26, relating to personal exemp tions with respect to income taxes, and inserting in its place a new subsection (b) to read as follows:
"(b)(l) An exemption of $0,000.00 $5,000.00 shall be allowed as a deduction in computing Georgia taxable income of a taxpayer and spouse, but only if a joint return is filed.
(2) An exemption of $1,000.00 $2,500.00 shall be allowed as a deduction in computing Georgia taxable income for each taxpayer other than a taxpayer who files a joint return.
(3)(A) For taxable years beginning on or after January 1, 1994, and prior to January 1, 1995, an exemption of $2,000.00 for each dependent of a taxpayer shall be allowed as a deduction in computing Georgia taxable income of the taxpayer.
(B) For taxable years beginning on or after January 1, 1995, an exemption of $2,500.00 for each dependent of a taxpayer shall be allowed as a deduction in computing Georgia taxable income of the taxpayer."
SECTION 2.
Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 48-7-27, relating to the computation of taxable net income, and inserting in its place a new paragraph (1) to read as follows:
"(a)(l) Either the sum of all itemized nonbusiness deductions used in computing federal taxable income if the taxpayer used itemized nonbusiness deductions in computing fed eral taxable income or, if the taxpayer could not or did not itemize nonbusiness deduc tions, then a standard deduction as provided for in the following subparagraphs:
(A) In the case of a single taxpayer or a head uf huuhdiold, $2,300.00 $3,100.00;
(B) In the case of a. head of household, $5,400.00;
In the case of a married taxpayer filing a separate return, $1,000.00 $3,100.00;
(KD) In the case of a married couple filing a joint return, $3,000.00 $6,200.00;
(BKE) An additional deduction of $700.00 $1,250.00 for the taxpayer if he such tax payer has attained the age of 65 before the close of his such taxpayer's taxable year. An additional deduction of $700.00 $1,250.00 for the spouse of the taxpayer shall be al lowed if a joint return is made by the taxpayer and his such taxpayer's spouse and the spouse has attained the age of 65 before the close of the taxable year; and
fEXF) An additional deduction of $700.00 $1,250.00 for the taxpayer if he such tax payer is blind at the close of the taxable year. An additional deduction of

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$1,250.00 for the spouse of the taxpayer shall be allowed if a joint return is made by the taxpayer and his such taxpayer's spouse and the spouse is blind at the close of the taxable year. For the purposes of this subparagraph, the determination of whether the taxpayer or the spouse is blind shall be made at the close of the taxable year except that, if either the taxpayer or the spouse dies during the taxable year, the determina tion shall be made as of the time of the death;".
SECTION 3.
Said chapter is further amended by striking paragraph (2) of subsection (d) of Code Section 48-7-31, relating to the allocation and apportionment of corporate net income for state in come tax purposes, and inserting in its place a new paragraph (2) to read as follows:
"(2) Where the net business income of the corporation is derived principally from the manufacture, production, or sale of tangible personal property, the portion of the net income therefrom attributable to property owned or business done within this state shall be taken to be the portion arrived at by application of the following thine factor formula:
(A) Property factor. The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the aver age value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period;
(i) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate re ceived by the taxpayer from subrentals;
(ii) The average value of property shall be determined by averaging the values at the beginning and end of the tax period, except that the commissioner may require the averaging of monthly values during the tax period if such averaging is reasonably required to reflect properly the average value of the taxpayer's property;
(B) Payroll factor. The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period. The term 'compensation' means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. Payments made to an independent contractor or any other person not properly classified as an employee are excluded. Compensation is paid in this state if:
(i) The employee's service is performed entirely within this state;
(ii) The employee's service is performed both within and outside this state and the service performed outside this state is incidental to the employee's service within this state; or
(iii) Some of the service is performed in this state and either the base of operations or the place from which the service is directed or controlled is in this state or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed but the employee's residence is in this state;
(C) Gross receipts factor. The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from business done every where during the tax period. For the purposes of this subparagraph, receipts shall be deemed to have been derived from business done within this state only if the receipts are received from products shipped to customers in this state or products delivered within this state to customers. In determining the gross receipts within this state, re ceipts from sales negotiated or effected through offices of the taxpayer outside this

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state and delivered from storage in this state to customers outside this state shall be excluded;
(D) Apportionment formula. The property factor, the payroll factor, and the gross receipts factor shall be separately determined and the three percentages averaged an apportionment fraction shall be calculated using the following formula:
(i) The property factor shall represent 25 percent of the fraction;
(ii) The payroll factor shall represent 25 percent of the fraction; and
(iii) The gross receipts factor shall represent 50 percent of the fraction.
The net income of the corporation shall be apportioned to this state according to such average fraction;".
SECTION 4.
Said chapter is further amended by striking subsection (a) of Code Section 48-7-141, relat ing to the imposition of local income taxes, and inserting in its place a new subsection (a) to read as follows:
"(a) Subject to the requirement of a referendum election as provided in this article, the governing authority of each county or municipality of this state, by ordinance or resolu tion enacted pursuant to the procedure set forth in this article, may adopt a local income tax at the rate of 1 percent upon the entire Georgia taxable net income as denned in Code Section 48-7-27 of every resident individual of the county or municipality and of every corporation and fiduciary with respect to that portion of its Georgia taxable net income which is reasonably attributable to property owned and business done by it within the county or municipality, to be determined by application of the three factor ratio in the psaumrpeosmesa'?n--ne--r --as--o--th--erw--i--se provided in Code Section 48-7-31 for state income tax

SECTION 5.

(a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law**without such approval.
(b)(l) Section 1 of this Act shall become effective on January 1, 1997, and shall be appli cable to all taxable years beginning on or after January 1, 1997.
(2) Section 2 of this Act shall become effective on January 1,1998, and shall be applicable to all taxable years beginning on or after January 1, 1998.
(3) Sections 3 and 4 of this Act shall become effective on January 1, 1996, and shall be applicable to all taxable years beginning on or after January 1, 1996.

SECTION 6.

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 Starr, et al. substi tute was adopted.
Senator Perdue of the 18th moved that the Senate suspend Senate Rule 143.
On the motion, the yeas were 40, nays 0; the motion prevailed, and Senate Rule 143 was suspended.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

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

Those voting in the affirmative were Senators:

Abernathy Balfour

Black Blitch

Boshears Bowen

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Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton
Gochenour Griffin Guhl

Harbison Henson Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire
Middleton Newbill

Oliver Perdue Pollard Ragan Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson
Turner Walker

Those not voting were Senators:

Cheeks (excused) Hill (excused)

Ralston (excused)

Tysinger

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Isakson of the 21st asked unanimous consent to drop the remaining bills on the Calendar in order to consider HB 344.
The consent was granted.

HB 344. By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotat ed, relating real estate appraisers, so as to change the provisions relating to fees for examination, activation, and renewal of appraiser classifications; to change the provisions relating to required conduct of applicants and grounds for refusal of appraiser classification.
Senate-Sponsor: Senator Isakson of the 21st.

Senator Isakson of the 21st offered the following substitute to HB 344:
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 change the provisions relating to fees for examina tion, activation, and renewal of appraiser classifications; to change the provisions relating to required conduct of applicants and grounds for refusal of appraiser classification; to pro vide conditions under which the Georgia Real Estate Appraisers Board may issue an ap praiser classification after certain sanctions or a lapsing or surrender of the applicant's license or classification; to change the definition of the term "broker"; to define additional terms applicable to real estate brokers and salespersons; to change the provisions relating to the granting of a broker's license, associate broker's license, or salesperson's license to a corporation, limited liability company, or partnership; to change the provisions relating to license fees applicable to real estate brokers and salespersons; to provide for the effect of emergencies or natural disasters with respect to the payment of certain license fees by real estate brokers and certain other persons; to change the provisions relating to the granting, revocation, or suspension of licenses; to provide conditions under which the Georgia Real Estate Commission may issue an associate broker's or broker's license after an applicant

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has been sanctioned or after the lapsing or surrender of an associate broker's or broker's license; to change the provisions relating to the revocation or suspension of licenses of co partnerships; to provide for the revocation or suspension of licenses of limited liability com panies; to change the provisions relating to management of firm and license affiliates; to change certain exceptions applicable to real estate brokers and salespersons; to provide an exception with respect to property management services on properties available for less than 90 days' occupancy under certain conditions; to repeal a certain exception relating to the management of residential rental property; to change the provisions relating to a per son acting without a license; to amend Code Section 44-14-601 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Commercial Real Estate Bro ker Lien Act," so as to change a certain reference; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking in its entirety Code Section 43-39A-11, relating to fees for examina tion, activation, and renewal of appraiser classifications, and inserting in lieu thereof a new Code Section 43-39A-11 to read as follows:
"43-39A-11.
(a) To pay its share of the expense of the maintenance and operation of the office of the commission and the enforcement of this chapter, the board shall establish reasonable fees in accordance with Code Section 43-39A-4 and in accordance with its rule-making authority. No fee or portion of a fee required under this chapter which is paid to the board shall be refunded. Each appraiser shall be responsible for paying his or her own fees.
(b) If the board administers an examination, at the time an application for examination is submitted, the board shall collect from the applicant a fee for the examination and an investigation fee if necessary. If an applicant fails to pass an examination, upon filing a new application and paying an additional fee, the applicant may take another examina tion as soon as scheduling permits.
(c) Prior to the issuance of an original appraiser classification, each applicant shall pay an activation fee in advance as established by the board.
(d) All appraiser classifications shall be renewed periodically as determined by the board in its rules and regulations, and the board shall charge a fee for any such appraiser classification renewed. The time for renewal of an appraiser classification and the number of years for which it may be renewed shall be in the discretion of the board. All fees shall be deposited into the state treasury for the expenses of the board. This Code section shall not obviate any other fees or conditions required to maintain such appraiser classification in accordance with this chapter. An appraiser classification not renewed in accordance with this subsection shall be lapsed.
(e) Applications and fees must be filed personally in the board's offices during regular business hours or may be mailed to the board's offices in a letter postmarked by the United States Postal Service.
(f) Any resident appraiser whose appraiser classification lapses for failure to pay a re newal fee may reactivate that appraiser classification within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when the appraiser classification was lapsed plus a reactiva tion fee. If any resident appraiser allows an appraiser classification to lapse for a period longer than two years due solely to a failure to pay a renewal fee, the resident appraiser may have that appraiser classification reinstated by paying the total amount of all re newal fees and late charges which would have been due during the period when the appraiser classification was lapsed plus a reactivation fee and by successfully completing

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any educational course or courses which the board may require. Any resident appraiser whose appraiser classification has lapsed for longer than ten years and who seeks to have that appraiser classification reinstated must requalify as an original applicant as set forth in Code Section 43-39A-8. Any nonresident appraiser whose appraiser classifica tion lapses for failure to pay a renewal fee may reactivate that appraiser classification by paying the fee required of an original applicant if such nonresident appraiser has main tained an active classification in his or her state of residence during the period that his or her classification lapsed. The board may refuse to renew an appraiser classification if the appraiser has continued to perform real estate appraisal activities following the lapsing of that appraiser classification.
(g) Any appraiser who does not wish to be actively engaged in real estate appraisal activ ity may continue an appraiser classification by making a written request within 14 days of ceasing work that the appraiser classification be placed on inactive status. Any ap praiser whose appraiser classification has been placed on an inactive status may not engage in real estate appraisal activity. To reactivate an appraiser classification held on inactive status, an appraiser must make application to the board prior to resuming real estate appraisal activity. Any appraiser who seeks to reactivate an appraiser classifica tion which has been placed on inactive status shall be required to meet any continuing education requirement which the appraiser might have otherwise been required to meet during the period when the appraiser's appraiser classification was placed on inactive status. The education requirement for activating an appraiser classification on inactive status shall not apply to an appraiser who meets the continuing education requirement of subsection (b) of Code Section 43-39A-8 in each renewal period that such appraiser is on inactive status nor to an appraiser who has maintained an active appraiser classifica tion in another state that has continuing education requirements while such appraiser's classification was on inactive status in GeorgiaT
(h) Any appraiser who places an appraiser classification on inactive status shall be re quired to pay the renewal fee provided for in subsection (d) of this Code section. When ever any appraiser on inactive status fails to pay the required fee, the appraiser classification shall be lapsed. If an appraiser on inactive status changes address, the appraiser shall notify the board of the new address, in writing, within 14 days.
(i) Any check which is presented to the board as payment for any fee which the board is permitted to charge under this chapter and which is returned unpaid may be cause for denial of an appraiser classification or for imposing any sanction permitted by this chapter.
(j) Any school approved to offer required education courses under this chapter, except units of the University System of Georgia, shall pay an original application fee and re newal fee as established by the board. If such an approval lapses, the school may rein state the approval by paying the total amount of all renewal fees and late charges which would have been due during the period the approval was lapsed plus a reactivation fee.
(k) A reasonable fee, not to exceed the renewal fee charged for an appraiser classification, may be imposed by the board on any applicant or appraiser who:
(1) Fails to notify the board in writing within 14 days of a change of address; or
(2) Fails to respond within 14 days to a written inquiry from the board requesting further information on any application the applicant or appraiser has filed with the board.
(1) The board is authorized to collect and forward to the Federal Financial Institutions Examination Council the annual registry fee required for appraisers who perform or seek to perform appraisals in federally related transactions as set forth in 12 U.S.C. Section 3338 and to submit to the Appraisal Subcommittee, no less than annually, a roster list ing real estate appraisers who have appraiser classifications suitable for inclusion in the federal registry.

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(m) Whenever an appraiser who resides in a county designated as a disaster area by state or federal authorities suffers uninsured major damage or loss to such appraiser's residence or place of business, the board may extend such appraiser's renewal period for up to two years without further payment of any tee by the appraiser upon satisfactory proof of the appraiser's uninsured major damage or loss. The board is further authorized to make appropriate adjustments in deadline dates mandated by this chapter for applica tions filed by applicants and appraisers located in counties designated as disaster areas by state or federal authorities.^
SECTION 2.
Said title is further amended by striking in its entirety subsection (h) of Code Section 4339A-14, relating to required conduct of applicants and grounds for refusal of appraiser clas sification, and inserting in lieu thereof a new subsection (h) to read as follows:
"(h) Whenever any occupational licensing body of this state, any other state, or any for eign country has sanctioned any license or classification of an applicant for any appraiser classification or whenever such an applicant has allowed a license or classification to lapse or has surrendered a license or classification to any occupational licensing body of
sanctiuned by the board m by a siniilai boaid of aiiy other state or any foreign country after that occupational licensing body has initiated an investigation or a disciplinary pro cess regarding such applicant's licensure or classification, such sanction, lapsing, or sur render in itself may be a sufficient ground for refusal of an appraiser classification. An applicant foi an appraiser clarification who has had an occupational registration, li cense, 01 certification revoked by Whenever any occupational licensing body of this state, any other state, or any foreign country Has revoked the license or classification of an applicant for a classification or whenever such an applicant has allowed a license or clas sification to lapse or has surrendered a license or classification to any occupational li censing body of this state, any other state, or any foreign country after that body has initiated an investigation or a disciplinary process regarding such applicant's license or classifications, the board may fae-gianlecl issue an appraiser classification toy-tire board only if:
(1) At least five years have passed since the date that the applicant's occupational registration, license, or certification was revoked;
(2) No criminal charges are pending against the applicant at the time of application; and
(3) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public."
SECTION 3.
Said title is further amended by striking in its entirety Code Section 43-40-1, relating to definitions applicable to said chapter, and inserting in lieu thereof a new Code Section 4340-1 to read as follows:
"43-40-1.
As used in this chapter, the term:
(1) 'Associate broker' means a person who acts on behalf of a real estate broker in performing any act authorized by this chapter to be performed by the broker.
(2) 'Broker' means any person who, for another, and who, for a fee, commission, or any other valuable consideration or with the intent or expectation of receiving the same from another, negotiates another:

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(A) Negotiates or attempts to negotiate, or assists in procuring prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or of the improvements thereon, including persons holding themselves thereon;
(B) Holds himself or herself out as a referral agents agent for the purpose of securing prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real e&tate, or collects estate;
(C) Collects rents or attempts to collect rents, or who advertises or holds himself uut as engaged iu any of the foregoing. 'Diokei' also includes: rents;
(AXD) Is Any person employed by or on behalf of the owner or owners of lots, timeshare intervals, or other parcels of real estate at a salary, fee, commission, or any other valuable consideration to sell such real estate or any part thereof in lots or parcels or intervals or other disposition thereof;
(BXE) Engages Any person who engages in the business of charging an advance fee or contractingTor collecting of a fee, other than an advertising fee, in connection with any contract whereby he or she undertakes primarily to promote the sale of real estate either through its listing in a publication issued primarily for such purpose, or for referral of information concerning such real estate to brokers, or both;
3XF) Auctions Any person who, for anutlier, auctions or offers or attempts or agrees to auction real estate; or
(BXG) Buys Any person who, for another, buys or offers to buy, sells or offers to sell, or otherwise deals in options to buy real estate;:
(H) Performs property management services;
(I) Provides or attempts to provide to any party to a real estate transaction consult ing services designed to assist the party in the negotiations or procurement of pros pects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or the improvements thereon; or
(J) Advertises or holds himself or herself out as engaged in any of the foregoing.
(3) 'Commission' means the Georgia Real Estate Commission.
(4) 'Commissioner' means the real estate commissioner.
(5) 'Licensee' means any person who is licensed as a salesperson, associate broker, or broker.
(6) 'Person' means individuals, corporations, limited liability companies, and partnerships.
(7) 'Property management services' means the provision, for a valuable consideration, to another of marketing; leasing; physical, administrative, or financial maintenance; and overall management of real property; or supervision of the foregoing activities for another pursuant to a property management agreement.
"Purchaser' means a person who acquired or attempts to acquire or succeeds to anlnterest in land.
(8X9) 'Real estate" means condominiums and leaseholds, as well as any other interest or estate in land, whether corporeal, incorporeal, freehold or nonfreehold and whether the real estate is situated in this state or elsewhere; and shall also include a mobile home when such mobile home is affixed to land. 'Mobile home,' as used in this para graph, means any factory-built structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units and designed to be used as a dwelling unit or units.
(9X10) 'Salesperson' means any person, other than an associate broker, who acts on behalf of a real estate broker in performing any act authorized by this chapter to be performed by the broker."

THURSDAY, MARCH 9, 1995

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SECTION 4.
Said title is further amended by striking in its entirety subsection (a) of Code Section 4340-10, relating to the granting of a broker's license, associate broker's license, or salesper son's license to a corporation, limited liability company, or partnership, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No broker's license shall be granted to a corporation, limited liability company, or partnership unless: (1) said corporation, limited liability company, or partnership designates an individual licensed as a broker as its qualifying broker who shall be re sponsible for assuring that the corporation, limited liability company, or partnership and its affiliated licensees comply with the provisions of this chapter and its attendant rules and regulations; and (2) said corporation, limited liability company, or partnership au thorizes its qualifying broker to bind the corporation, limited liability company, or part nership to any settlement of a contested case before the commission as defined in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in which said corpo ration, limited liability company, or partnership may be a named respondent. Violations of this chapter or its rules and regulations by a corporation, limited liability company, or partnership Iicense3 as a. broker shall subject the license of the qualifying broker to sanc tion as authorized by this chapter. No broker's license shall be granted to a corporation, limited liability company, or partnership unless every person who acts as a licensee for such corporation, limited liability company, or partnership shall hold a real estate license."
SECTION 5.
Said title is further amended by striking in its entirety Code Section 43-40-12, relating to license fees, and inserting in lieu thereof a new Code Section 43-40-12 to read as follows:
"43-40-12.
(a) To pay the expense of the maintenance and operation of the office of the commission and the enforcement of this chapter, the commission shall establish reasonable fees in accordance with Code Sections 43-40-13 and 43-40-3 and in accordance with its rulemaking authority. No fee or portion of a fee required under this chapter which is paid to the commission shall be refunded. Each licensee shall be responsible for filing his or her own fees.
(b) When the commission administers an examination, at the time an application for examination is submitted, the commission shall collect from the applicant a fee for the examination and an investigation fee if necessary. If an applicant fails to pass an exami nation, upon filing a new application and paying an additional fee, the applicant may take another examination as soon as scheduling permits.
(c) Prior to the issuance of an original license, each applicant who has passed the exami nation required by Code Section 43-40-8 and each corporation, limited liability company, and partnership shall pay an activation fee in advance.
(d) All licenses shall be renewed periodically as determined by the commission in its rules and regulations, and the commission shall charge a fee for any such license re newed. The time for renewal of a license and the number of years for which it may be renewed shall be in the discretion of the commission. All fees shall be deposited into the state treasury for the expenses of the commission. This Code section shall not obviate any other fees or conditions required to maintain such license in accordance with this chapter. A license not renewed in accordance with this subsection shall be viewed as lapsed.
(e) Applications and fees must be filed personally in the commission's offices during regu lar business hours or may be mailed to the commission's offices in a letter postmarked by the United States Postal Service.

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(f) Any licensee whose license lapses for failure to pay a renewal fee may reinstate that license within two years of the date of its lapsing by paying the total amount of all re newal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee. If any licensee who has passed an examina tion administered by or approved by the commission allows a license to lapse for a period longer than two years and less than ten years due solely to a failure to pay a renewal fee, the licensee may reinstate that license by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee and by successfully completing any educational course or courses which the commission may require. Any licensee whose licence lias lapsed fui
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Section 43-40-8. Any licensee whose license has lapsed for longer than ten years for failure to pay a renewal fee and who seeks to reinstate that license must meet the educa tion and examination requirements for that license as set forth in Code Section 43-40-8. Any nonresident licensee whose license lapses for failure to pay a renewal fee may reacti vate that license by paying the fee required of an original applicant if such nonresident licensee has maintained an active license in his or her state of residence during the pe riod that his or her license lapsed and has met its continuing education requirements. Any licensee whose license has lapsed for longer than one year and who is not subject to the continuing education requirements of subsection (d) of Code Section 43-40-8 and who reinstates such license under the terms of this subsection shall thereafter be subject to the continuing education requirements of subsection (d) of Code Section 43-40-8.
(g) Any real estate broker who does not wish to be actively engaged in the brokerage business or any licensee who is temporarily not actively engaged on behalf of a broker may continue a license by making a written request within 14 days of ceasing work that the license be placed on inactive status. Any licensee whose license has been placed on an inactive status may not engage in the real estate brokerage business except in connection with property owned by the licensee. To reinstate a license held on inactive status, a licensee other than a broker must secure the signature of the broker for whom the licen see wishes to act; and a broker must make application to the commission prior to resum ing brokerage activity. Any individual licensee who seeks to activate a license which has been on inactive status for a period of two years or longer shall be required to attend a commission approved course of study prior to activating an inactive license. The course of study shall consist of a commission approved education course or courses totaling at least six hours for each year the license was on inactive status. This education requirement for activating a license on inactive status shall not apply to licensees who meet the continu ing education requirement of subsection (d) of Code Section 43-40-8 in each renewal pe riod that they are on inactive status nor to licensees who maintained an active license in another state that has continuing education requirements while such licensee's license was on inactive status in Georgia.
(h) Any licensee who places a license on inactive status after June 30, 1985, shall be required to pay the license renewal fee provided for in subsection (d) of this Code section. Whenever any licensee on inactive status fails to pay the required renewal fees, the licen see's license shall be lapsed. Licensees whose licenses were placed on inactive status prior to July 1,1985, shall remain subject to the conditions for reactivating their licenses which were in effect at the time they placed their licenses on inactive status. However, any license placed on inactive status prior to July 1, 1985, which has been or will be on inactive status for a period of five years or longer shall be lapsed, provided that, if such licensee seeks reinstatement within ten years of placing a license on inactive status, the licensee shall be allowed to reinstate the license under the terms the law permitted at the time the license was placed on inactive status. If a licensee on inactive status changes address, the licensee shall notify the commission of the new address, in writing, within 14 days.

THURSDAY, MARCH 9, 1995

1317

(i) Any check which is presented to the commission as payment for any fee which the commission is permitted to charge under this chapter and which is returned unpaid may be cause for denial of license or for imposing any sanction permitted under Code Section 43-40-25.
(j) Any licensed broker or associate broker who wishes to be licensed as a salesperson may do so by surrendering that broker's license and applying for a license as a salesper son. No examination shall be required of a licensed broker or associate broker who sur renders that license and applies for a salesperson's license. In the event that such person later wishes to be relicensed as a broker, no additional broker's examination shall be required. When a licensee changes status as contemplated in this subsection, the licensee shall be required to pay the same fee as an original applicant.
(k) Should a license be suspended or revoked, as provided for by this chapter, said sus pension or revocation shall prevent the licensee from making either application as set out in subsection (j) of this Code section.
(1) Any school approved to offer required education courses under this chapter and in structors approved to teach those courses shall pay the same original application fee and renewal fee established by the commission for broker applicants and licensees. If such approvals lapse, the school or instructor may reinstate the approval by paying the total amount of all renewal fees and late charges which would have been due during the period the approval was lapsed plus a reactivation fee and by successfully completing any edu cational course or courses which the commission may require.
(m) A reasonable fee, not to exceed the renewal fee charged broker licensees, may be imposed by the commission on a licensee who:
(1) Fails to notify the commission in writing within 14 days of a change of address, of the opening or closing of a designated trust account, of transferring to a new company, or of leaving a firm to go on inactive status;
(2) Fails to affiliate with a new company or to apply to go on inactive status within 14 days of the commission's receipt of notice that the broker holding the licensee's license no longer wishes to do so and has mailed a letter to the licensee's last known address indicating that the broker is returning the license to the commission; and
(3) Fails to respond within 14 days to a written inquiry from the commission request ing further information on any application the licensee has filed with the commission.
(n) Whenever a licensee who resides in a county designated as a disaster area by state or federal authorities suffers uninsured major damage or loss to such licensee's residence or place of business, the commission may extend such licensee's renewal period for up to two years without further payment of any fee by the licensee upon satisfactory proof of the licensee's uninsured major damage or loss. The commission is further authorized to make appropriate adjustments in deadline dates mandated by this chapter for applica tions filed by applicants and licensees located in counties designated as disaster areas by state or federal authorities."
SECTION 6.
Said title is further amended by striking in its entirety subsection (h) of Code Section 4340-15, relating to the granting, revocation, or suspension of licenses, and inserting in lieu thereof a new subsection (h) to read as follows:
"(h) Whenever any occupational licensing body of this state, any other state, or any for eign country has sanctioned the license of an applicant for a salesperson's, associate bro ker's, or broker's license or whenever such an applicant has allowed a license to lapse or has surrendered a license to any occupational licensing body of this state, any other
cease lias Tieen saiiutiuiied by the commission or by a similar commission of any uther state oi' foreign country after that body has initiated an investigation or a disciplinary process regarding such applicant's license, such sanction, lapsing, or surrender in itself

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JOURNAL OF THE SENATE

may be a sufficient ground for refusal of a license. An applicant fur liceiihure as an dhsuuiate broker or a btuker who has had a license revoked by Whenever any occupational licensing body of this state, any other state, or any foreign country has revoked the li cense of an applicant for a salesperson's, associate broker's, or broker's license or when ever such an applicant has allowed a license to lapse or has surrendered a license to any occupational licensing body of this state, any other state, or foreign country after that body has initiated an investigation or a disciplinary process regarding such applicant's license, the commission may tre-Hcensecl by the cuminission-as issue an associate brokei broker's or a broker broker's license only if:
(1) At least ten years have passed since the date that the applicant's occupational li cense was revoked;
(2) No criminal charges are pending against the applicant at the time of application; and
(3) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public."
SECTION 7.
Said title is further amended by striking in its entirety Code Section 43-40-17, relating to revocation or suspension of a license of copartnership, and inserting in lieu thereof a new Code Section 43-40-17 to read as follows:
"43-40-17.
In the event of the revocation or suspension of the license issued to any partner of a partnership, to any member of a copartnership limited liability company, or to any officer of a corporation, the license issued to such copartnership partnership, limited liability company, or corporation shall be revoked by the commission unless, within a time fixed by the commission, where a copartnership partnership, limited liability company, or cor poration shall be revoked by the commission unless, within a time fixed by the commission, where a topai taer&hip partnership or limited liability company, the connection therewith of the partner or member whose license has been revoked is severed and his such person's interest in the copartnership partnership or limited liability company and his such person's share in its activities brought to an end or, where a corporation, the offending officer is discharged and shall have no further participation in its activities."
SECTION 8.
Said title is further amended by striking in its entirety subsection (e) of Code Section 4340-18, relating to management of firm and licensed affiliates, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Any firm which operates as a sole proprietorship must be owned entirely by a li censed broker. The qualifying broker for a firm which operates as a partnership must be a partner. If all partners of a partnership are corporations, the qualifying broker of such a partnership must be one of the partner corporation's officers whose actions are binding on both that corporation and the partnership. The qualifying broker for a firm which operates as a limited partnership must be the general partner. If the general partner of a limited partnership is a corporation, the qualifying broker of such a limited partnership must be one of that corporation's officers whose actions are binding on both the corpora tion and the general partner. The qualifying broker for a firm which operates as a limited liability company must be a member or, if the articles of organization or a written operat ing agreement vests management of the limited liability company in a manager or man agers, a manager may serve as the qualifying broker. The qualifying broker for a firm which operates as a corporation must be an officer of the corporation. The broker or qual ifying broker of any real estate firm must have signatory powers on all trust accounts which the firm maintains."

THURSDAY, MARCH 9, 1995

1319

SECTION 9.
Said title is further amended by striking in its entirety Code Section 43-40-29, relating to exceptions to operation of said chapter, and inserting in lieu thereof a new Code Section 4340-29 to read as follows:
"43-40-29.
(a) Except as otherwise provided, this chapter shall not apply to:
(1) Any person who, as owner, as the spouse of an owner, as general partner of a lim ited partnership, as lessor, or as prospective purchaser or their regular employees, per forms any act with reference to property owned, leased, or to be acquired by such owner, limited partnership, lessor, or prospective purchaser where such acts are per formed in the regular course of, or as incident to, the management of such property and the investment therein or any person who manages residential apartment complexes under a contract approved by any federal agency for an organization which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as de fined in Code Section 48-1-2, provided that such person was engaged in managing such property under such type contract prior to January 1, 1989;
(2) An attorney in fact under a duly executed power of attorney to convey real estate from the owner or lessor;
(3) A licensed practicing attorney acting solely as an incident to the practice of law;
(4) Any person acting as receiver, trustee in bankruptcy, administrator, executor, or guardian or acting under a court order or under the authority of a will or of a trust instrument;
(5) Any officer or employee of a government agency in the conduct of official duties;
(6) Any person employed by a public or private utility who performs any act with refer ence to property owned, leased, or to be acquired by the utility employing that person, where such acts are performed in the regular course of, or as incident to, the manage ment of such property and the investment therein;
(7) Any person who, as owner or through another person engaged by such owner on a fulltime basis, provides property management services, buys, sells, leases, manages, auc tions, or otherwise deals with property owned by such person;
(8) Any person employed on a full-time basis by the owner of property for the purpose of providing property management services, selling, buying, leasing, managing, auctioning, or otherwise dealing with such property; or
(9) Any person acting as a referral agent who is not involved in the actual negotiations, execution of documents, collection of rent, management of property, or other related ac tivity which involves more than the mere referral of one person to another and who:
(A) Does does not receive a fee for such referral from the party being referred;
(B) Does not charge an advance fee; and
(C) Does not act as a referral agent in more than three transactions per year;
(10) Any individual employed by a broker to assist in the management of property on which the broker has a written management agreement that the broker procured from and negotiated with the owner, provided that such individual's activities are limited to one or more of the following:
(A) Delivering a lease application, a lease, or any amendment thereto to any person;
(B) Receiving a lease application, a lease, or any amendment thereto, a security de posit, rental payment, or any related payment for delivery to and made payable to the broker or the owner;

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JOURNAL OF THE SENATE

(C) Showing a rental unit to any person, provided that the employee is acting under

tFe direct instructions of the broker and makes no representations regarding the condi

tion of the property, amenities that the owner or broker may provide, or the terms

under which the property may be leased;

'

(D) Providing, without any verbal representations as to its contents, written informa tion prepared by the broker or previously expressly approved by the broker about a rental unit, a lease application, or a lease;

(E) Providing information to a tenant about the status of such tenant's security deposit oFrent payments or to an owner about the owner's financial accounts and payments from the owner's tenants; and

(F) Performing physical maintenance on a property.

Any broker utilizing the services of such an employee shall be held responsible under this chapter for the activities of that individual; or

(11) Any person who provides property management services on properties available for less than 90 days' occupancy by guests or occupants and meets all of the following conditions!

(A) The property manager enters into a written agreement with the owner specifying all terms and conditions under which ffie property is to be managed, the reporting of income and expenses, and the remitting of income to the owner;

(B) The management agreement between the property manager and the owner does not allow the property manager to rent or lease the property and any agreement be tween the property manager and the guest or occupant is not a lease or rental agreement;

(C) Any applicable zoning laws do not prohibit short-term occupancy uses of the property;

(D) The guest's or occupant's occupancy is for less than 90 days;

(E) No deposit exceeds the cost of the rental required for the minimum rental period;

(F) The guest or occupant pays any required state or local sales taxes or excise taxes on rooms, lodgings, and accommodations and the property manager has any required state or local business licenses or permits;

(G) The property manager has the authority to specify rooms or units that the guest or occupant will occupy;

(H) No extra charge is made for basic utilities;

(I) Notice is not required for a guest or occupant to terminate occupancy of the room or unit, except as provided under the provisions of Article 1 of Chapter 21 of this title; and

(J) The room or unit is not the permanent residence of the guest or occupant.

(b) The exceptions provided by subsection (a) of this Code section shall not apply to any person, other than an owner or individuals who are full-time employees of the owner, who performs the acts of a broker on property required to be registered under Article 1, 2, or 5 of Chapter 3 of Title 44.

(c) The exceptions provided by subsection (a) of this Code section shall not apply to any person who holds a real estate license.

(d) Any individual employed by a broker to manage residential rental property on behalf of the broker undm d willUjii management agreement which the biokei1 procuiuJ from
tiiiu litjj^OtiiitcJ wiLli Llic Owiici bliall nOL uc ici^iuicil LO L/C liCciiScd uiidci LiiiS ulicujtei".
Ally Oi~Oivci~ UliliZiil^ tile 6ci"ViCci> 01 blLCliciii iiidiViCltick!Sliall uc Held i"cS^juilfeiDIc mmtil
this chapter for the brokerage activities of that individual.

feXd) The exceptions in subsection (a) of this Code section are not applicable to a person wholises or attempts to use them for the purpose of evading licensure required by this chapter."

THURSDAY, MARCH 9, 1995

1321

SECTION 10.
Said title is further amended by striking in its entirety subsection (b) of Code Section 4340-30, relating to a person acting without a license and cease and desist orders, and in serting in lieu thereof a new subsection (b) to read as follows:
"(b) It shall be unlawful for any person, directly or indirectly, to engage in or conduct the business of, or advertise or hold himself or herself out as engaging in or conducting the business of, or act in the capacity of, a licensee within this state without first obtaining a license as provided in this chapter unless such person is exempted from obtaining a li cense under Code Section 43-40-29. EAiept as piuvided by subsectkm (d) uf Code Section
**o~4U~j&y^rtt Sliiill D6~~U.iuLvvili.l Tor SL Iciii ^St3.tft ilCcillStic tO ptii'rlll.t ciii Llilliiiciibtitl pdTSGil tO pGFIGrill tllui ciCtS Oi 3. F^cn. t;Stlt/G liOcilS6& iii D^llcill OI SUCfl tiCGHSGG.
SECTION 11.
Code Section 44-14-601 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Commercial Real Estate Broker Lien Act," is amended by striking para graph (5) in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:
"1(.5") 'Real estate' means real estate as defined in paragraph (8) -- (9) of Code Section 43-40-
SECTION 12.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute offered by Senator Isakson of the 21st, the yeas were 38, nays 0, and the substitute was adopted.
Pursuant to Senate Rule 143, action on HB 344 was suspended and the bill was placed on the Senate General Calendar.
HR 155. 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 located in Floyd County. Senate Sponsor: Senator Marable of the 52nd.
Senator Clay of the 37th offered the following amendment: Amend HR 155 by adding on line 2 of page 1 between the semicolon and the word "to" the following:
"to consent to the annexation of certain state owned real property located in Cobb County into the corporate limits of the City of Acworth;". By adding between lines 4 and 5 on page 1 the following:
"Part 1". By adding between lines 23 and 24 on page 2 the following:
"Part 2
WHEREAS, the State of Georgia is the owner of certain real property located in Cobb County; and WHEREAS, such property is under the control of the Georgia Department of Transporta tion; and WHEREAS, such property is located adjacent to the present corporate limits of the City of Acworth; and

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JOURNAL OF THE SENATE

WHEREAS, Code Section 36-36-32 of the O.C.G.A. authorizes the annexation of such prop erty upon the application of the owners of 60 percent of the land and 60 percent of the resident electors; and
WHEREAS, such real property is more particularly described as follows:
All of that portion of U.S. Highway 41 and the right of way of said highway located in Cobb County from the intersection of said U.S. Highway 41 and State Highway 92 south to the intersection of said U.S. Highway 41 and Blue Springs Road.

SECTION 6.

That the General Assembly and the State of Georgia hereby grant their consent to the annexation of the above-described real property into the corporate limits of the City of Acworth and authorize the State Department of Transportation to execute all documents re quired and to take any action necessary to make application to the City of Acworth for the annexation of such real property pursuant to Code Section 36-36-32 of the O.C.G.A.

Part 3".

By renumbering Sections 6 and 7 on lines 25 through 30 on page 2 as Sections 7 and 8, respectively.
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 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day Dean Edge Egan
Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson
Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan
Ray Scott Starr Stokes Tanksley Taylor Thomas Thompson Turner

Those not voting were Senators:

Cheeks (excused) Hill (excused) Isakson (excused)

Ralston (excused) Slotin

Tysinger Walker

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
Senator Edge of the 28th moved that Senator Isakson of the 21st be excused from the Senate due to a medical appointment.

THURSDAY, MARCH 9, 1995

1323

On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Isakson of the 21st was excused from the Senate.
The Calendar was resumed.

HB 395. By Representative Connell of the 115th:

A bill to amend Code Section 43-26-38 of the Official Code of Georgia Annotated, relating to license to practice as a licensed practical nurse by endorsement and temporary permits for qualified applicants, so as to change the provisions relat ing to the requirements for licensure applicable to persons from other states or territories of the United States in cases where an applicant has graduated from an approved program within one year of the date of application or was initially licensed within one year of the date of application.
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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Perdue Pollard Ragan Ralston Ray Scott Starr Stokes Tanksley Taylor Thomas Thompson Turner

Those not voting were Senators:

Balfour Cheeks (excused) Hill (excused)

Hooks Isakson (excused) Oliver

Slotin 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 425. By Representatives Chambless of the 163rd, Bostick of the 165th, Cox of the 160th and Barnes of the 33rd:
A bill to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to change the amount of ser vice charge which may be recovered on a bad check; to change the notice provi sions; to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the crime of deposit account fraud, so as to change the provisions relating to costs of bringing a complaint.
Senate Sponsor: Senator Edge of the 28th.

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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:

Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day Dean
Edge Egan Farrow Glanton

Gochenour Griffin Guhl Harbison Henson Hill
James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thompson Turner

Voting in the negative was Senator Black.

Those not voting were Senators:

Abernathy Balfour Cheeks (excused) Gillis

Hooks Isakson (excused) Oliver Scott

Thomas Tysinger Walker

On the passage of the bill, the yeas were 44, nays 1. The bill, having received the requisite constitutional majority, was passed.

HB 283. By Representatives Snow of the 2nd, Bailey of the 93rd, Perry of the llth and Carter of the 166th:

A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to prohibit certain price in creases for certain goods when there is a declared state of emergency.
Senate Sponsor: Senator Griffin of the 25th.

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

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

Those voting in the affirmative were Senators:

Blitch Boshears Bowen Broun of 46th
Brown of 26th Burton Cagle Cheeks Clay Crotts Day

Dean Edge Egan Farrow
Gillis Glanton Gochenour Guhl Harbison Henson Hill

Hooks James Johnson of 2nd Johnson of 1st
Kemp Land Langford Madden Marable McGuire Middleton

THURSDAY, MARCH 9, 1995

1325

Newbill Perdue Pollard Ragan Ralston

Ray Slotin Starr Stokes

Those not voting were Senators:

Abernathy Balfour Black Griffin

Isakson (excused) Oliver Scott

Tanksley Thomas Thompson Turner
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 466. By Representatives Williams of the 63rd, Watts of the 26th and Lawrence of the 64th:
A bill to amend Article 3 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to security interests in and liens on motor vehicles, so as to provide that in the case of a motor vehicle or trailer, a transaction shall not create a sales or security interest because it provides that the rental price is permitted or required to be adjusted under the agreement by reference to the amount realized upon sale.
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 Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Edge Gillis Glanton

Gochenour Griffin Guhl Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Marable McGuire

Newbill Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner

Those not voting were Senators:

Balfour Blitch Day Dean Egan

Farrow Harbison Isakson (excused) Madden Middleton

Oliver Scott Tysinger Walker

On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

HB 178. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to authorize the appointment of additional assistant district attorneys, subject to certain conditions; to provide for duties of assistant district attorneys with respect to rights of victims of crimes.
Senate Sponsor: Senator Taylor of the 12th.

The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS
254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400 February 7, 1995

The Honorable Tommy Chambless, Chairman House Judiciary Committee State Capitol Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 178 (LC 14 6394-EC)

Dear Chairman Chambless:

This bill would authorize the district attorney in each judicial circuit to appoint one additional attorney to assist in the performance of the duties of the district attorney's office. In addition, this bill requires assistant district attorneys to serve as advocates for the pro tection of the rights of crime victims.
The fiscal impact of this bill is approximately $2.2 million in State funds. The amount of county funds required for salary supplements, equipment, furnishings, supplies, and any necessary office renovation or space acquisition was not determined as the costs will vary for each judicial circuit.
Sincerely,
Isi Claude L. Vickers State Auditor
Isi Henry M. Huckaby, Director Office of Planning and Budget

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

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

Those voting in the affirmative were Senators:

Abernathy Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks

Clay Crotts Day Dean Egan Farrow Gillis Glanton Gochenour

Griffin Guhl Harbison Henson Hill James Johnson of 2nd Johnson of 1st Kemp

THURSDAY, MARCH 9, 1995

1327

Land Langford Madden Marable McGuire Middleton Newbill

Perdue Pollard Ragan Ralston Ray Slotin Starr

Stokes Tanksley Taylor Thomas Thompson Turner

Those not voting were Senators:

Balfour Blitch Edge

Hooks Isakson (excused) Oliver

Scott 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 219. By Representative Watson of the 139th:
A bill to amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to provisions for payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under Article 1 of Chapter 1 of Title 10, "The Retail Installment and Home Solicitation Sales Act," so as to change the maxi mum delinquency charge which may be provided under a retail installment con tract or revolving account.
Senate Sponsor: Senator Gochenour of the 27th.

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

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

Those voting in the affirmative were Senators:

Abernathy Boshears Bowen
Broun of 46th Brown of 26th
Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow
Gillis

Glanton Gochenour Griffin
Guhl Henson
Hill Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard
Ragan Ralston
Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner

Those voting in the negative were Senators:

Black

Harbison

James

Those not voting were Senators:

Balfour Blitch Hooks

Isakson (excused) Johnson of 2nd

Tysinger Walker

On the passage of the bill, the yeas were 46, nays 3.

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.
HB 108. By Representatives Ladd of the 59th, Polak of the 67th, Johnson of the 97th and Crews of the 78th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for the funding of homestead exemptions within certain special districts through the levy and collection of a local sales and use tax; to provide for the creation of special districts.
Senate Sponsor: Senator Isakson of the 21st.
The Senate Committee on Finance and Public Utilities offered the following substitute to HB 108:
A BILL
To be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to sales and use taxes, so as to provide for procedures with respect to home stead exemptions within certain special districts; to provide for definitions; to provide for funding of services through the levy and collection of a local sales and use tax; to provide for the creation of special districts; to provide for the rate and manner of imposition of such tax; to provide for applicability to certain sales; to provide for a referendum and election procedures with respect to the imposition and discontinuation of such tax; to provide for powers, duties, and authority of county governing authorities with respect to such tax; to provide for powers, duties, and authority of the state revenue commissioner with respect to such tax; to provide for administration and collection of such tax; to provide for returns; to provide for distribution of proceeds; to provide for certain credits; to provide for the expen diture of certain excess proceeds; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by adding a new article immediately following Article 2, to be designated Article 2A, to read as follows:
"ARTICLE 2A
48-8-100.
This article shall be known and may be cited as the 'Homestead Option Sales and Use Tax Act.'
48-8-101.
As used in this article, the term:
(1) 'Ad valorem taxes for county purposes' means all ad valorem taxes for county main tenance and operation purposes levied by, for, or on behalf of the county, excluding taxes to retire bonded indebtedness.
(2) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence.
48-8-102.
(a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Con stitution of this state, there are created within this state 159 special districts. The geo graphical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of one of the 159 special districts.

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(b) When the imposition of a local sales and use tax is authorized according to the proce dures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local sales and use tax at the rate of 1 percent. Except as to rate, the local sales and use 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 the sales and use tax levied pursuant to this article, except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as that term is defined by Code Section 48-9-2.
(c)(l) Except as otherwise provided in paragraph (2) of this subsection, the proceeds of the sales and use tax levied and collected under this article shall be used only for the purpose of funding services within a special district equal to the revenue lost to the homestead exemption as provided in Code Section 48-8-104 and, in the event excess funds remain following the expenditure for such purpose, such excess funds shall be used for millage rate adjustment as provided in subparagraph (c)(2)(E) of Code Section 48-8-104.
(2) Prior to January 1 of the year immediately following the first complete calendar year in which the sales and use tax under this article is imposed, such proceeds may be used for funding all or any portion of those services which are to be provided by the governing authority of the county whose geographic boundary is conterminous with that of the special district pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state.
(d) Such sales and use tax shall only be levied in a special district following the enact ment of a local Act which provides for a homestead exemption of an amount to be deter mined from the amount of sales and use tax collected under this article. Such exemption shall commence with taxable years beginning on or after January 1 of the year immedi ately following the first complete calendar year in which the sales and use tax under this article is levied. Any such local Act shall incorporate by reference the terms and condi tions specified under this article. Any such homestead exemption under this article shall be in addition to and not in lieu of any other homestead exemption applicable to county taxes for county purposes within the special district. Notwithstanding any provision of such local Act to the contrary, the referendum which shall otherwise be required to be conducted under such local Act shall only be conducted if the resolution required under subsection (a) of Code Section 48-8-103 is adopted prior to the issuance of the call for the referendum under the local Act by the election superintendent. If such ordinance is not adopted by that date, the referendum otherwise required to be conducted under the local Act shall not be conducted.
(e) No sales and use tax shall be levied in a special district under this article in which a tax is levied and collected under either Article 2 or Article 3 of this chapter.
48-8-103.
(a) Whenever the governing authority of any county whose geographic boundary is con terminous with that of the special district wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by Code Section 48-8102 shall be imposed, any such governing authority shall notify the election superinten dent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing au thority calling for a referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of the imposition of the sales and use tax to the voters of the special district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Sec tion 21-2-540. Such election shall only be conducted on the date of and in conjunction with a referendum provided for by local Act on the question of whether to impose a home stead exemption within such county and based on the amount of proceeds from the sales

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and use tax levied and collected pursuant to this article. 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 of the election in the official organ of such county. The ballot shall have written or printed thereon the following statement which shall precede the ballot question specified in this subsection and the ballot question specified by the required local Act:
NOTICE TO ELECTORS: Unless BOTH the homestead exemption AND the home stead option sales and use tax are approved, then neither the exemption nor the sales and use tax shall become effective.'
Such statement shall be followed by the following:
'( ) YES Shall a retail sales and use tax of 1 percent be levied within the special district ( ) NO within ______ County for the purpose of funding services to replace revenue
lost to an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county taxes for county purposes?'
(b) All persons desiring to vote in favor of levying the sales and use tax shall vote and those persons opposed to levying the tax shall vote "No." If more than one-half of the votes cast are in favor of levying the tax and approving the local Act providing such homestead exemption, then the tax shall be levied in accordance with this article; other wise, the sales and use tax may not be levied, and the question of the imposition of the sales and use tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election.
(c) If the imposition of the sales and use tax provided in Code Section 48-8-102 is ap proved in a referendum election as provided by subsections (a) and (b) of this Code sec tion, the governing authority of the county whose geographical boundary is conterminous with that of the special district shall adopt a resolution during the first 30 days following the certification of the result of the election imposing the sales and use tax authorized by Code Section 48-8-102 on behalf of the county whose geographical boundary is contermi nous with that of the special district. The resolution shall be effective on the first day of the next succeeding calendar quarter which begins more than 80 days after the adoption of the resolution. With respect to services which are billed on a regular monthly basis, however, the resolution shall become effective with the first regular billing period coin ciding with or following the otherwise effective date of the resolution. A certified copy of the resolution shall be forwarded to the commissioner so that it will be received within five days after its adoption.
48-8-104.
(a) The sales and use tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geograph ical boundary is conterminous with that of a special district. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, how ever, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a per centage of the amount of the sales and use tax due and accounted for and shall be reim bursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Sec tion 48-8-50.

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(b) Each sales and use tax return remitting sales and use taxes collected under this arti cle shall separately identify the location of each retail establishment at which any of the sales and use taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all sales and use taxes imposed by this article are collected and distributed according to situs of sale.
(c) The proceeds of the sales and use tax collected by the commissioner in each special district under this article shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration;
(2) Except for the percentage provided in paragraph (1) of this subsection, the remain ing proceeds of the sales and use tax shall be distributed to the governing authority of the county whose geographical boundary is conterminous with that of the special dis trict. As a condition precedent for the authority to levy the sales and use tax or to collect any proceeds from the tax authorized by this article for the year following the first complete calendar year in which it is levied and for all subsequent years except the year following the year in which the sales and use tax is terminated under Code Section 48-8-106, the county whose geographical boundary is conterminous with that of the special district shall, except as otherwise provided in subsection (c) of Code Sec tion 48-8-102, expend such proceeds as follows:
(A) The homestead factor shall be calculated by dividing the net amount of sales and use tax collected in the special district pursuant to this article for the previous calen dar year, by the taxes levied for county purposes on only that portion of the county tax digest that represents net assessments on qualified homestead property after all other homestead exemptions have been applied, rounding the result to three decimal places;
(B) If the homestead factor is less than or equal to 1.000, the amount of homestead exemption created under this article on qualified homestead property shall be equal to the product of the homestead factor multiplied times the net assessment of each qualified homestead remaining after all other homestead exemptions have been applied;
(C) If the homestead factor is greater than 1.000, the homestead exemption created by this article on qualified homestead property shall be equal to the net assessment of each homestead remaining after all other homestead exemptions have been ap plied, and to the extent the sales and use tax proceeds collected under this article exceed the total revenue lost to the homestead exemptions created by this article, the millage rate levied for county purposes shall be rolled back in an amount equal to such excess divided by the net taxable digest for county purposes after deducting all homestead exemptions including the exemption under this article; and
(D) In the event the rollback created by subparagraph (C) of this paragraph exceeds the millage rate for county purposes, the governing authority of the county whose boundary is conterminous with the special district shall be authorized to expend the surplus funds for funding all or any portion of those services which are to be pro vided by such governing authorities pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state.
48-8-105.
Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdic tion outside the state, the sales and use tax may be credited against the sales and use tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the pur chaser shall pay an amount equal to the difference between the amount paid in the other

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tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as the commissioner deems neces sary and proper. No credit shall be granted, however, against the sales and use tax im posed under this article for tax paid in another jurisdiction if the sales and use tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the special district or in the county which is conterminous with the special district; and sales and use taxes so paid in another jurisdiction shall be credited first against the sales and use tax levied under this article and then against the sales and use tax levied under Article 3 of this chapter, if applicable.
48-8-106.
(a) Whenever the governing authority of any county whose geographic boundary is con terminous with that of the special district in which the sales and use tax authorized by this article is being levied wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by Code Section 48-8-102 shall be discontinued, the governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for the referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of discontinuing the levy of the sales and use tax to the voters of the special district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 212-540. Such election shall only be conducted on the date of and in conjunction with a referendum provided for by local Act on the question of whether to repeal the homestead exemption within such county which is funded from the proceeds of the sales and use tax levied and collected pursuant to this article. 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 of the election in the official organ of such county. The ballot shall have written or printed thereon the following:
'( ) YES Shall the 1 percent retail sales and use tax being levied within the special dis( ) NO trict within ______ County for the purpose of funding services to replace
revenue lost to an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county taxes for county purposes be termi nated?'
(b) All persons desiring to vote in favor of discontinuing the sales and use tax shall vote 'Yes,' and those persons opposed to discontinuing the tax shall vote "No." If more than one-half of the votes cast are in favor of discontinuing the sales and use tax and repealing the local Act providing for such homestead exemption, then the sales and use tax shall cease to be levied on the last day of the taxable year following the taxable year in which the commissioner receives the certification of the result of the election; otherwise, the sales and use tax shall continue to be levied, and the question of the discontinuing of the tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare and certify the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the spe cial district holding the election.
48-8-107.
No sales and use tax provided for in Code Section 48-8-102 shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the special district in which the sales and use tax is imposed under this article regardless of the point at which title passes, if the delivery

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is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission.
48-8-108.
(a) As used in this Code section, the term "building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract.
(b) No sales and use tax provided for in Code Section 48-8-102 shall be imposed in such special district upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to approval of the levy of the sales and use tax by the county whose geographical boundary is conterminous with that of the special district and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the sales and use tax.
48-8-109.
The commissioner shall have the power and authority to promulgate such rules and reg ulations as shall be necessary for the effective and efficient administration and enforce ment of the collection of the sales and use tax authorized to be imposed by this article."

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy
Black Boshears Bowen
Broun of 46th Brown of 26th
Burton Cagle Cheeks
Clay Crotts Day Dean Edge Egan Farrow

Gillis
Glanton Gochenour Griffin
Guhl Harbison
Henson Hill James
Johnson of 2nd Johnson of 1st Kemp Land Langford Madden McGuire

Newbill
Oliver Perdue Pollard
Ragan Ralston
Ray Scott Slotin
Starr Stokes Tanksley Taylor Thomas Thompson Turner

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Those not voting were Senators:

Balfour Blitch Hooks

Isakson (excused) Marable Middleton

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.

HB 171. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th and others:

A bill to amend Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to membership of certain eligible employees of the University System of Georgia in the Teachers Retirement System of Georgia, so as to provide that such employees may opt to become members of the regents retirement plan within 60 days of employment.
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:

Abernathy Black Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Farrow
Gillis

Glanton Gochenour Griffin Guhl
Harbison Henson Hill Hooks James Johnson of 2nd Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver
Perdue Pollard Ralston Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner

Those not voting were Senators:

Balfour Blitch Egan Isakson (excused)

Johnson of 1st Ragan Ray

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.

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HB 258. By Representative Holmes of the 53rd:

A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that certain public housing au thorities may combine or provide concurrently the landlord's demand for posses sion of property from a tenant with the lease termination notice required by federal regulations.
Senate Sponsor: Senator McGuire of the 30th.

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

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

Those voting in the affirmative were Senators:

Abernathy Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Balfour Blitch Edge

Isakson (excused) Johnson of 2nd Ray

Starr Tysinger

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 139. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Code Section 47-2-123 of the Official Code of Georgia Annotated, relating to allowances payable upon death, disability, or involuntary separation under the Employees' Retirement System of Georgia, so as to provide that no evidence of a disability shall be considered by the medical board which is not submitted within 12 months after the employee terminates employment. Senate Sponsor: Senator Thomas of the 10th.

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The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta,Georgia 30034-8400 February 6, 1995

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

SUBJECT: State Auditor's Certification House Bill 139 (LC 21 3242S) Employees' Retirement System

Dear Chairman Cummings:

This substitute bill would provide that no evidence of a disability shall be considered by the Employees' Retirement System unless it is submitted within twelve months of the date of the first application for a disability retirement.
This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.
Sincerely,
/s/ Claude L. Vickers State Auditor

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

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

Those voting in the affirmative were Senators:

Abernathy Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thompson Turner Walker

Those not voting were Senators:

Balfour Isakson (excused)

Ray Thomas

Tysinger

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

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HB 399. By Representatives Smith of the 109th, Lee of the 94th, Heard of the 89th 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 certain property owned by an historical fraternal benefit association.
Senate Sponsor: Senator Starr of the 44th.
The Senate Committee on Finance and Public Utilities offered the following substitute to HB 399:
A BILL
To be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for certain property owned by an historical fraternal benefit association; to provide for a definition; to provide for applicability; to provide for effective dates; to provide for a special election; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, is amended in subsection (a) by striking "and" at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting in its place "; and", and by adding immediately following paragraph (14) a. new paragraph to be designated paragraph (15), to read as follows:
"(15) Property that is owned by an historical fraternal benefit association and which is used exclusively for charitable, fraternal, and benevolent purposes. As used in this para graph 'fraternal benefit association' means any organization qualified as an exempt or ganization under the United States Internal Revenue Code of 1954, Section 501 (c)(10), as amended, where such organization has a representative form of government and a lodge system with a ritualistic form of work for the meeting of its chapters or other subordinate bodies and whose founding organization received its charter from the General Assembly of Georgia prior to January 1, 1880."
SECTION 2.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the date of the November, 1996, general election. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written thereon the following:
"( ) YES Shall the Act be approved which grants an exemption from ad valorem taxa( ) NO tion on property owned by an historical fraternal benefit association used ex
clusively for charitable, fraternal, and benevolent purposes?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 1997, and shall apply to all tax years beginning on or after that date; otherwise Section 1 of this Act shall be void and this Act shall stand repealed in its entirety on January 1, 1997.

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SECTION 3.

Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner

Those not voting were Senators:

Balfour Egan

Henson Isakson (excused)

Tysinger 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 138. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Code Section 47-7-20 of the Official Code of Georgia Annotated, relating to the Board of Trustees of the Georgia Firemen's Pension Fund, so as to change a certain designation. Senate Sponsor: Senator Abernathy of the 38th.

THURSDAY, MARCH 9, 1995

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The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 December 19, 1994

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

SUBJECT: State Auditor's Certification House Bill 138 (LC 21 2959) Georgia Firemen's Pension Fund

Dear Chairman Cummings:

This bill would change a reference in Section 47-7-20 of the Official Code of Georgia Annotated from "Georgia State Firemen's Association" to "Georgia State Firefighters' Association".
This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.
Sincerely,
Is/ Claude L. Vickers State Auditor

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

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

Those voting in the affirmative were Senators:

Abernathy Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Farrow

Glanton Gochenour Griffin Guhl Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner

Those not voting were Senators:

Balfour Egan Gillis

Harbison Isakson (excused) Oliver

Tysinger Walker

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

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The following bill of the Senate was taken up to consider House action thereto:
SB 263. By Senators Broun of the 46th, Madden of the 47th, Starr of the 44th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for special license plates to commemorate the holding of the 1996 Paralympic Games in the City of Atlanta and the State of Georgia; to authorize the state revenue commissioner with the approval of the Fiscal Affairs Subcom mittees of the Senate and House of Representatives to negotiate and execute licensing agreements or other agreements for this purpose.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for special license plates to provide support for the holding of the 1996 Paralympic Games in the City of Atlanta and the State of Georgia; to authorize the state revenue commissioner to accept and execute licensing agreements or other agreements for this purpose; to provide an additional fee for such special license plates and for the disposi tion of such fees collected; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, is amended by adding at the end thereof a new Code Section 40-2-48 to read as follows:
"40-2-48.
(a) The City of Atlanta and the State of Georgia having been selected by the Interna tional Paralympic Committee to host the 1996 Paralympic Games, there shall be issued beginning in 1996 special license plates to provide support for the holding of the 1996 Paralympic Games.
(b) The commissioner shall prepare special distinctive license plates of a design appropri ate to provide support for the 1996 Paralympic Games. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section.
(c) In calendar year 1996, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $15.00 in addition to the regu lar motor vehicle registration fee, shall be issued such a special license plate. Notwith standing any contrary provisions of Code Section 40-2-31, such special license plates may be used until December 31, 1996, and until such date as the owner is required to.rere gister the vehicle in 1997. In calendar year 1996 such special license plates may be trans ferred between vehicles as provided in Code Section 40-2-80.
(d) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required for the use of the Paralympic logo or other acceptable design or as may otherwise be necessary or appropriate to implement this Code section. The commissioner is author ized, on behalf of the state, to accept and execute the licensing agreements with the Atlanta Paralympic Organizing Committee or its licensor allowing the state to be the

THURSDAY, MARCH 9, 1995

1341

beneficiary of and to receive $5.00 of the $15.00 tag fee for each such tag and the Atlanta Paralympic Organizing Committee or its licensor to be the beneficiary of and receive $10.00 of each such tag fee, provided that the state shall bear the cost of the manufacture of each such license plate. The commissioner may charge fees, make payments, take other actions, and agree to or impose terms and conditions, which might normally be envisioned in licensing and cross-licensing agreements for the use of designs and similar intellectual property. Without limitation, the commissioner may agree to allow to others the exclusive or nonexclusive use of the design of the special license plate. The design of the special license plate, excepting only the Paralympic logo and any other part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law and no person shall reproduce or otherwise use such design, except as authorized by the commissioner."

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 Broun of the 46th moved that the Senate agree to the House substitute to SB 263.

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

Those voting in the affirmative were Senators:

Abernathy Black
Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden

Marable McGuire Middleton Newbill Pollard Ragan Ralston Scott Slotin Starr Tanksley Thomas Thompson Turner Walker

Those not voting were Senators:

Balfour Egan Isakson (excused)

Oliver Perdue Ray

Stokes Taylor Tysinger

On the motion, the yeas were 47 nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 263.

The Calendar was resumed.

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JOURNAL OF THE SENATE

HB 268. By Representatives Orrock of the 56th and Martin of the 47th:
A bill to amend Code Section 24-9-47 of the Official Code of Georgia Annotated, relating to the disclosure of AIDS confidential information, so as to provide for disclosure of AIDS confidential information to a coroner or medical examiner pursuant to a subpoena issued in accordance with Code Section 45-16-27 of the Official Code of Georgia Annotated.
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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land Madden Marable

McGuire Middleton Newbill Oliver Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner

Those not voting were Senators:

Balfour Henson Isakson (excused)

Langford Perdue Scott

Tysinger Walker

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up to consider House action thereto:

SB 197. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act changing the composition and manner of selecting mem bers of the Board of Education of Clayton County, as amended, so as to provide for nonpartisan election of such members without prior nonpartisan primaries; to provide for certain submissions.

The House substitute was as follows:

A BILL
To be entitled an Act to amend an Act changing the composition and manner of selecting members of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4635), so as to provide that such members shall be nominated and elected in partisan primaries and elections; to provide for certain submissions; to provide for an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 9, 1995

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act changing the composition and manner of selecting members of the Board of Educa tion of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, partic ularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4635), is amended by striking subsection (c) of Section 1 thereof, which reads as follows:
"(c) Each member of the board of education shall be elected by a majority of the voters voting in his or her education district. Each member of the board of education must be a resident of and continue to reside in the education district from which he or she is elected and shall be nominated and elected at primaries and elections as provided in Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code," as now or hereafter amended. Nomination and election of members of the board shall be partisan or nonpartisan, according to the results of the referendum election provided for in Section II of the Act enacting this subsection.",
and inserting in its place the following:
"(c) Each member of the board of education shall be elected by a majority of the voters voting in his or her education district. Each member of the board of education must be a resident of and continue to reside in the education district from which he or she is elected and shall be nominated and elected in partisan primaries and elections as provided in Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.'"

SECTION 2.

It shall be the duty of the Board of Education of Clayton 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.
Senator Starr of the 44th moved that the Senate agree to the House substitute to SB 197.
Senator Glanton of the 34th moved that the substitute be printed. On the motion, the yeas were 11, nays 27, and the motion was lost.
Senator Starr of the 44th moved that the previous question be ordered.
On the motion, the yeas were 30, nays 12; the motion prevailed, and the previous ques tion was ordered.
Senator Glanton of the 34th moved that the Senate adjourn.
On the motion, the yeas were 10, nays 32, and the motion was lost.

On the motion that the Senate agree to the House substitute to SB 197, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch Bowen Broun of 46th Brown of 26th Burton Cheeks
Dean Egan Farrow

Gillis Griffin Harbison Henson Hill Hooks James
Johnson of 2nd Kemp Langford

Madden Marable Middleton Oliver Perdue Pollard Ragan
Ray Scott Slotin

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JOURNAL OF THE SENATE

Starr Stokes Tanksley

Taylor Thomas

Turner Walker

Those voting in the negative were Senators:

Black Boshears Cagle Crotts Day

Edge Glanton Gochenour Guhl

Johnson of 1st Land McGuire Ralston

Those not voting were Senators:

Balfour Clay

Isakson (excused) Newbill

Thompson Tysinger

On the motion, the yeas were 37, nays 13; the motion prevailed, and the Senate agreed to the House substitute to SB 197.

The Calendar was resumed.

HB 136. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standard Law," so as to require an actuarial investigation for cost reduction amendments to fiscal retirement bills; to change a certain reference relating to the requirement of an actuarial study.
Senate Sponsor: Senator Burton of the 5th.

The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS
254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400 December 6, 1994

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

SUBJECT: State Auditor's Certification House Bill 136 (LC 21 2892)

Dear Chairman Cummings:
This bill would require the state auditor to provide an actuarial investigation for a reduction in cost amendment to a retirement bill having a fiscal impact. This bill also pro vides that fiscal retirement bills amended so as to reduce the fiscal impact shall be funded at the reduced cost.
This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law.
Sincerely,
Isi Claude L. Vickers State Auditor

THURSDAY, MARCH 9, 1995

1345

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

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

Those voting in the affirmative were Senators:

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

Gochenour Griffin Guhl Harbison Henson Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Perdue Pollard Ragan Ralston Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner

Those not voting were Senators:

Abernathy Balfour Black Gillis

Glanton Hill Isakson (excused) Oliver

Starr Tysinger Walker

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.
Serving as Doctor of the Day was Michael Witt of Chatsworth, Georgia. Senator Perdue of the 18th moved that the Senate adjourn until 9:00 A.M. tomorrow; the motion prevailed, and the President announced the Senate adjourned at 4:55 P.M.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, March 10, 1995
Thirty-sixth Legislative Day
The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd 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 Jour nal 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 800. By Representative Stephenson of the 25th:
A bill to amend an Act creating a new charter for the City of Dacula, so as to change the manner of filling vacancies in the office of mayor or councilmember.
HB 947. By Representative Barnard of the 154th:
A bill to amend an Act creating a board of commissioners for Evans County, so as to incorporate provisions of the order of the United States District Court for the Southern District of Georgia; to provide for six commissioner districts.
HB 948. By Representative Barnard of the 154th:
A bill to amend an Act providing for the composition of the Board of Education of Evans County and for the election of the members of said board, so as to incorpo rate provisions of the order of the United States District Court for the Southern District of Georgia; to provide for six education districts.
HB 951. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to create the Cherokee County Parks and Recreation Authority.
HB 952. By Representative Coleman of the 80th:
A bill to amend an Act providing a new charter for the City of Duluth, so as to clarify the corporate limits of said city.
HB 953. By Representatives Towery of the 30th, Klein of the 39th, Shipp of the 38th, Sauder of the 29th, Barnes of the 33rd and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the sheriffs chief deputy, the chief investigator, and the executive assistant.

FRIDAY, MARCH 10, 1995

1347

HB 956. By Representative James of the 140th:
A bill to amend an Act providing for the board of education for the Macon County School District, so as to provide for compensation for the members of such board.
HB 957. By Representative Bargeron of the 120th:
A bill to amend an Act to make provisions for the Magistrate Court of Jefferson County, so as to change the compensation of the chief deputy magistrate.
HB 964. By Representatives Jenkins of the 110th and Birdsong of the 123rd:
A bill to amend an Act reconstituting the Board of Education of Jones County, so as to change the composition of education districts from which members are elected.
HB 965. By Representatives Jenkins of the 110th and Birdsong of the 123rd:
A bill to amend an Act creating the board of commissioners of Jones County, so as to reconstitute the membership of the board.
HB 969. By Representatives Mobley of the 69th, Randolph of the 72nd, Polak of the 67th, McClinton of the 68th, Sherrill of the 62nd and others:
A bill to amend an Act making provisions for the Magistrate Court of DeKalb County, so as to change the provisions relating to the compensation of the chief magistrate.
HB 976. By Representatives Klein of the 39th, Towery of the 30th, Sauder of the 29th, Parsons of the 40th, Wiles of the 34th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court.
HB 979. By Representatives Lane of the 146th and Godbee of the 145th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Statesboro," so as to provide for the appointment of certain committees; to pro vide for certain duties of the mayor; to provide for certain officers and employees of the city.
SB 271. By Senator Ragan of the llth:
A bill to amend Code Section 43-30-1 of the Official Code of Georgia Annotated, relating to the definition of terms applicable to optometrist regulation, so as to provide for an expanded definition of permissible pharmaceutical agents.
SB 326. By Senators Langford of the 29th, Tysinger of the 41st, Isakson of the 21st and Ray of the 19th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liability general ly, so as to provide that rates under the assigned risk plan for workers' compen sation shall be set at certain levels in accordance with accepted actuarial stan dards; to provide a definition; to provide standards for rates under the assigned risk plan for workers' compensation.

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JOURNAL OF THE SENATE

SB 279. By Senators Farrow of the 54th, Ragan of the 32nd and Ralston of the 51st:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the rendering of assistance to appellate courts by senior appellate court Justices or Judges and senior judges of superior courts; to provide for the services of such additional Justices or Judges; to provide for practices and procedures.
SB 243. By Senators Land of the 16th, Oliver of the 42nd, Edge of the 28th and Egan of the 40th:
A bill to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to provide that a duly filed, recorded and indexed mortgage shall be deemed constructive notice to subsequent bona fide purchasers; to provide for exceptions.
SB 289. By Senators Pollard of the 24th, Tysinger of the 41st and Langford of the 29th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for the Fair Access to Insurance Re quirements Plan; to provide for the establishment and operation of an under writing association comprised of property insurers; to require membership in the plan by a property insurer as a condition of its authority to transact property insurance in this state.
SB 239. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th and Burton of the 5th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Governor's Council on Developmental Disabilities; to provide that the council shall serve as the designated state agen cy and state planning council for purposes of carrying out the provisions of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended; to provide for composition of the council.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 331. By Senators Taylor of the 12th, Pollard of the 24th, Madden of the 47th and Isakson of the 21st:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to workers' compensation, so as to provided that the immunity granted to employers under Chapter 9 of Title 34 shall apply to a client of a temporary help contracting firm or an em ployee leasing company when workers' compensation benefits are provided by such firm or company or the clients of either.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 374. By Senators Madden of the 47th, Middleton of the 50th, McGuire of the 30th, Gillis of the 20th, Pollard of the 24th and others:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to authorize the Commissioner of Agriculture to solicit and to expend state funds for the solicitation of volunta ry contributions to be used exclusively for the compilation, publication, printing, and distribution of the Farmers and Consumers Market Bulletin.

FRIDAY, MARCH 10, 1995

1349

The House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
SR 214. By Senators Broun of the 46th, Thompson of the 33rd, Taylor of the 12th, Hooks of the 14th, Brown of the 26th and others:
A resolution commending the Department of Transportation.
SR 122. By Senators Broun of the 46th, Perdue of the 18th, Johnson of the 1st, Ray of the 19th, Tysinger of the 41st and others: A resolution creating the Educators Technology Training Commission; provid ing for the commission to undertake a comprehensive study and develop a com prehensive plan with respect to the training of Georgia educators in the use of technology; providing for the membership, powers, duties, and operation of the commission.
SR 102. By Senator Cheeks of the 23rd:
A resolution authorizing the leasing of certain real property owned by the Georgia Building Authority in Richmond County, Georgia.
SR 132. By Senators Langford of the 29th and Edge of the 28th:
A resolution designating the bridge on State Highway 109 over West Point Lake the Wade R. Milam, Jr., Bridge.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 477. By Senator Johnson of the 1st:
A bill to amend an Act incorporating the City of Tybee Island, as amended, so as to change the corporate limits of said city.
Referred to Committee on State and Local Governmental Operations.
SB 478. By Senators 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.
Referred to Committee on State and Local Governmental Operations.
SR 308. By Senator Black of the 53rd: A resolution claiming sovereignty under the Tenth Amendment to the Constitu tion of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution.
Referred to Committee on State and Local Governmental Operations - General.
SR 309. By Senator Boshears of the 6th: A resolution creating the Senate Indian Affairs Study Committee.
Referred to Committee on Rules.

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JOURNAL OF THE SENATE

The following bills of the House were read the first time and referred to committee:
HB 800. By Representative Stephenson of the 25th:
A bill to amend an Act creating a new charter for the City of Dacula, so as to change the manner of filling vacancies in the office of mayor or councilmember.
Referred to Committee on State and Local Governmental Operations.
HB 947. By Representative Barnard of the 154th:
A bill to amend an Act creating a board of commissioners for Evans County, so as to incorporate provisions of the order of the United States District Court for the Southern District of Georgia; to provide for six commissioner districts.
Referred to Committee on State and Local Governmental Operations.
HB 948. By Representative Barnard of the 154th:
A bill to amend an Act providing for the composition of the Board of Education of Evans County and for the election of the members of said board, so as to incorpo rate provisions of the order of the United States District Court for the Southern District of Georgia; to provide for six education districts.
Referred to Committee on State and Local Governmental Operations.
HB 951. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th: A bill to create the Cherokee County Parks and Recreation Authority.
Referred to Committee on State and Local Governmental Operations.
HB 952. By Representative Coleman of the 80th: A bill to amend an Act providing a new charter for the City of Duluth, so as to clarify the corporate limits of said city.
Referred to Committee on State and Local Governmental Operations.
HB 953. By Representatives Towery of the 30th, Klein of the 39th, Shipp of the 38th and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the sheriffs chief deputy, the chief investigator, and the executive assistant.
Referred to Committee on State and Local Governmental Operations.
HB 956. By Representative James of the 140th:
A bill to amend an Act providing for the board of education for the Macon County School District, so as to provide for compensation for the members of such board.
Referred to Committee on State and Local Governmental Operations.
HB 957. By Representative Bargeron of the 120th:
A bill to amend an Act to make provisions for the Magistrate Court of Jefferson County, so as to change the compensation of the chief deputy magistrate.
Referred to Committee on State and Local Governmental Operations.

FRIDAY, MARCH 10, 1995

1351

HB 964. By Representatives Jenkins of the 110th and Birdsong of the 123rd:
A bill to amend an Act reconstituting the Board of Education of Jones County, so as to change the composition of education districts from which members are elected.
Referred to Committee on State and Local Governmental Operations.

HB 965. By Representatives Jenkins of the 110th and Birdsong of the 123rd:
A bill to amend an Act creating the board of commissioners of Jones County, so as to reconstitute the membership of the board.
Referred to Committee on State and Local Governmental Operations.

HB 969. By Representatives Mobley of the 69th, Randolph of the 72nd, Polak of the 67th and others:
A bill to amend an Act making provisions for the Magistrate Court of DeKalb County, so as to change the provisions relating to the compensation of the chief magistrate.
Referred to Committee on State and Local Governmental Operations.

HB 976. By Representatives Klein of the 39th, Towery of the 30th, Sauder of the 29th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court.
Referred to Committee on State and Local Governmental Operations.

HB 979. By Representatives Lane of the 146th and Godbee of the 145th:

A bill to amend an Act entitled "An Act to create a new charter for the City of Statesboro," so as to provide for the appointment of certain committees; to pro vide for certain duties of the mayor; to provide for certain officers and employees of the city.

Referred to Committee on State and Local Governmental Operations.

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

Mr. President:

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

HB 474. Do pass.

HR 102. Do not pass.

HR 100. Do not pass.

Respectfully submitted, Senator Hooks of the 14th District, Chairman

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JOURNAL OF THE SENATE

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 791. Do pass.
Respectfully submitted, Senator Turner of the 8th District, Chairman

Mr. President:
The Committee on Consumer 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 167. Do pass as amended.

HB 374. Do pass.

HB 354. Do pass by substitute.

HB 824. Do pass.

Respectfully submitted, Senator Henson of the 55th District, Chairman

Mr. President: The Committee on Corrections, Correctional Institutions and Property 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 435. Do pass by substitute.
HB 757. Do pass.
Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President: The Committee on Insurance and Labor has had under consideration the following bill
of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 596. Do pass as amended.
Respectfully submitted, Senator Pollard of the 24th District, Chairman

Mr. President:

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

HB 248. Do pass.

HB 468. Do pass.

HB 326. Do pass by substitute.

HB 670. Do pass by substitute.

Respectfully submitted, Senator Oliver of the 42nd District, Chairman

FRIDAY, MARCH 10, 1995

1353

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 480. Do pass.
Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:

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

SR 86. Do pass as amended.

SR 278. Do pass.

SR 297. Do pass as amended.

SR 264. Do pass.

HR 420. Do pass.

HR 368. Do pass.

HR 324. Do pass.

SR 304. Do pass.

HR 382. Do pass.

SR 290. Do pass.

Respectfully submitted, Senator Scott of the 36th District, Chairman

Mr. President:

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

HB 194. Do pass by substitute.

HB 341. Do pass by substitute.

HB 340. Do pass by substitute.

HB 509. Do pass by substitute.

Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President:
The Committee on State and Local Governmental Operations has had under consider ation 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 461. Do pass.

HB 910. Do pass.

SB 462. Do pass.

HB 919. Do pass.

SB 466. Do pass.

HB 932. Do pass.

SB 467. Do pass.

HB 944. Do pass.

SB 468. Do pass.

HB 945. Do pass.

SB 469. Do pass.

HB 946. Do pass.

SB 470. Do pass.

HB 950. Do pass.

SB 471. Do pass.

HB 763. Do pass.

SB 472. Do pass.

HB 970. Do pass.

SB 473. Do pass.

HB 971. Do pass.

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JOURNAL OF THE SENATE

HB 810. Do pass. HB 867. Do pass. HB 909. Do pass.

HB 972. Do pass. HB 938. Do pass. SB 464. Do pass as amended.
Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:
The Committee on State and Local Governmental Operations has had under consider ation the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 803. Do pass.

HB 898. Do pass.

HB 933. Do pass.

HB 893. Do pass.

HB 918. Do pass.

HB 883. Do pass.

HB 917. Do pass.

HB 882. Do pass.

HB 914. Do pass.

HB 879. Do pass.

HB 908. Do pass.

HB 877. Do pass.

HB 905. Do pass.

HB 874. Do pass.

HB 904. Do pass.

HB 872. Do pass.

HB 903. Do pass.

HB 869. Do pass.

HB 902. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills and resolutions were read the second time:

SR 86 HB 128 HB 299 HB 369 HB 474 HB 509 HB 595 HB 670 HR 324

SR 264 HB 167 HB 326 HB 374 HB 480 HB 520 HB 596 HB 677 HR 368

SR 278 HB 194 HB 338 HB 417 HB 492 HB 543 HB 610 HB 680 HR 382

SR 290 HB 240 HB 340 HB 419 HB 493 HB 557 HB 626 HB 757 HR 420

SR 297 HB 248 HB 341 HB 435 HB 495 HB 563 HB 636 HB 791

SR 304 HB 271 HB 354 HB 468 HB 498 HB 579 HB 655 HB 824

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

Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day

Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hooks

Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire Newbill Oliver Perdue Pollard

FRIDAY, MARCH 10, 1995

1355

Ralston Ray Scott

Slotin Starr

Tanksley Turner

Those not answering were Senators:

Abernathy Balfour Cheeks Dean Hill Isakson

James Kemp Middleton Ragan Stokes

Taylor Thomas Thompson Tysinger Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Glanton of the 34th introduced the chaplain of the day, John Waller III, of Fayetteville, Georgia, who sang an inspirational song.
Senator Langford of the 29th moved that Senator Kemp of the 3rd be excused due to illness.
On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Kemp of the 3rd was excuse from the Senate today.
Senator Brown of the 26th moved that Senator Middleton of the 50th be excused in order to attend a House committee meeting.
On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Middleton of the 50th was excused to attend a House committee meeting.
The following communications were filed with the Secretary:
THE STATE SENATE
Atlanta, Georgia 30334 March 10, 1995

Mr. Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Ga. 30334
RE: Absence at roll call
Dear Mr. Eldridge:
I would like to request that the record be noted, I was in the House Rules Committee this morning when roll call was taken.
Thank you in advance for your assistance.
Sincerely, /s/ Connie J. Stokes

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THE STATE SENATE Atlanta, Georgia 30334
March 10, 1995
Mr. Frank Eldridge Secretary, Georgia Senate State Capitol Atlanta, Georgia 30334
Dear Mr. Eldridge: I regret being unable to answer roll-call this morning. "I was here". I went to the
House Rules Committee to track a couple of my bills. The committee met at 9:00 a.m., also. If it is necessary, you may confer with me today. Thank you for your consideration. Sincerely, IsJ Donzella J. James
The following resolutions were read and adopted:
SR 310. By Senators Perdue of the 18th, Brown of the 26th and Gochenour of the 27th: A resolution commending Francis X. "Frank" Malloy.
SR 311. By Senators Perdue of the 18th, Brown of the 26th and Gochenour of the 27th: A resolution commending Elizabeth K. Jarvis.
SR 312. By Senator Dean of the 31st: A resolution commending "Ross's Diner".
SR 313. By Senators Dean of the 31st, Gillis of the 20th, Broun of the 46th and others: A resolution commending James V. Burgess, Jr.
SR 314. By Senators Blitch of the 7th, Gillis of the 20th and Isakson of the 21st: A resolution commending William M. Oettmeier, Jr.
SR 315. By Senators Henson of the 55th, Stokes of the 43rd, Thomas of the 10th and others: A resolution commending Reverend Raleigh Rucker.
SR 316. By Senator Blitch of the 7th: A resolution expressing appreciation to Mr. Leroy Rogers and urging the City of Tifton to provide for the naming of the Leroy Rogers Senior Citizens Center.
SR 317. By Senator Thomas of the 10th: A resolution honoring the achievements of Tom Delaney.

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The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Friday, March 10, 1995
THIRTY-SIXTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 803 Clay, 37th Ralston, 51st Newbill, 56th CHEROKEE COUNTY
Amend an Act providing a homestead exemption from Cherokee County School District ad valorem taxes so as to change the amount of such exemption.
HB 869 Perdue, 18th CITY OF WARNER ROBINS
An Act to provide a homestead exemption from all City of Warner Robins ad valorem taxes for any city purposes.
HB 872 Crotts, 17th BUTTS COUNTY
An Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Butts County.
HB 874 Ragan, llth Bowen, 13th MITCHELL COUNTY
Amend an Act so as to change the compensation of the chairman and members of the Board of Education of Mitchell County.
HB 877 Crotts, 17th BUTTS COUNTY
Amend an Act making provisions for the Magistrate Court of Butts County so as to change the provisions relating to the election of the chief magistrate of such court.
HB 879 Clay, 37th Ralston, 51st Newbill, 56th CHEROKEE COUNTY
Amend an Act known as the Cherokee County Water and Sewerage Authority Act so as to change the qualifications of the chairman and members.
HB 882 Land, 16th Langford, 29th HARRIS COUNTY
An Act to create the Harris County Public Improvements Authority and to pro vide for the appointment of members of the Authority.

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HB 883 Land, 16th Langford, 29th HARRIS COUNTY
An Act to create the Harris County Streets and Roads Authority and to provide for the appointment of members of the Authority.
HB 893 Bowen, 13th CITY OF OCILLA
Amend an Act incorporating the City of Ocilla so as to provide for the election of the mayor and council members from districts.
HB 898 Griffin, 25th CITY OF SHADY DALE
An Act to provide a new charter for the City of Shady Dale.
HB 902 Griffin, 25th PUTNAM COUNTY
Amend an Act changing the method of electing members of the Board of Educa tion of Putnam County.
HB 903 Johnson, 1st Johnson, 2nd CHATHAM COUNTY
Amend an Act making provisions for the Magistrate Court of Chatham County.
HB 904 Crotts, 17th HENRY COUNTY
An Act to provide a homestead exemption from certain Henry County ad valorem taxes for county purposes.
HB 905 Taylor, 12th WEBSTER COUNTY
An Act to abolish the elected office of treasurer of Webster County.
HB 908 Hooks, 14th PEACH COUNTY
An Act to provide a homestead exemption from Peach County School District ad valorem taxes for educational purposes.
HB 914 Johnson, 1st Johnson, 2nd SAVANNAH, CHATHAM COUNTY
An Act to create the Georgia International and Maritime Trade Center Authori ty.

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HB 917 Bowen, 13th DOOLY COUNTY
Amend an Act creating a board of commissioners of Dooly County so as to change the provisions relative to the compensation of the chairperson and other members.
HB 918 Middleton, 50th CITY OF CLEVELAND
Amend an Act creating a new charter for the City of Cleveland.
HB 933 Blitch, 7th CAMDEN COUNTY
Amend an Act to change the provisions relating to the chairman and chairman pro tempore and their right to vote on matters before the board.
SB 461 Isakson, 21st Thompson, 33rd Tanksley, 32nd Clay, 37th Abernathy, 38th COBB COUNTY
Amend an Act consolidating the offices of the tax collector and tax receiver so as to change the compensation of the tax commissioner and the chief clerk.
SB 462 Pollard, 24th TOOMBS JUDICIAL CIRCUIT
An Act to provide for a local salary supplement to the compensation, expenses, and allowances of the judges of the superior courts of the Toombs Judicial Cir cuit.
SB 466 Crotts, 17th Guhl, 45th ALCOVY JUDICIAL CIRCUIT
Amend an Act so as to change the salary supplement for each superior court judge of the Alcovy Judicial Circuit.
SB 467 Middleton, 50th HABERSHAM COUNTY
Amend an Act so as to change the membership of the Authority to change the number for a quorum on the Authority.
SB 468 Boshears, 6th PIERCE COUNTY
An Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Pierce County.
SB 469 Boshears, 6th PIERCE COUNTY
Amend an Act so as to provide for the nonpartisan nomination and election of the members of the Board of Education.

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SB 470 Boshears, 6th PIERCE COUNTY
An Act to provide for the nonpartisan nomination and election of the chief mag istrate of the magistrate court of Pierce County.
SB 471 Boshears, 6th BRANTLEY COUNTY
An Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Brantley County and the chief magistrate of Brantley County.
SB 472 Crotts, 17th Guhl, 45th ROCKDALE COUNTY
An Act to create the Rockdale County Water and Sewerage Authority.
SB 473 Cagle, 49th Day, 48th FORSYTH COUNTY
An Act to provide a homestead exemption from Forsyth County ad valorem tax es for county purposes.
HB 810 Egan, 40th Newbill, 56th CITY OF ROSWELL
An Act to provide a homestead exemption from all City of Roswell ad valorem taxes for any city purposes.
HB 867 Edge, 28th Glanton, 34th FAYETTE COUNTY
An Act to recreate and reincorporate the Town of Woolsey in Fayette County.
HB 909 Taylor, 12th CITY OF DAWSON
Amend an Act providing a new charter for the City of Dawson so as to change the penalty for contempt in the municipal court.
HB 910 Langford, 29th PIKE COUNTY
An Act to create the Pike County Livestock Facility Authority.
HB 919 Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
An Act creating the State Court of Cobb County so as to change the compensa tion of the judges.

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HB 932 Brown, 26th Perdue, 18th Griffin, 25th MACON-BIBB COUNTY
Amend an Act known as the Macon-Bibb County Transit Authority Act of 1980.
HB 938 Perdue, 18th Brown, 26th Gochenour, 27th BIBB COUNTY
Amend an Act creating the civil court of Bibb County, so as to change the civil jurisdiction of such court; and for other purposes.
HB 944 Pollard, 24th MORGAN COUNTY
Amend an Act creating the Board of Commissioners of Morgan County so as to change the provisions relating to the compensation of the chairman.
HB 945 Farrow, 54th CATOOSA COUNTY
Amend an Act creating the office of tax commissioner of Catoosa County so as to increase the amount payable for clerical help in the office of the tax commission-

HB 946 Middleton, 50th CITY OF CLEVELAND
Amend an Act creating a new charter for the City of Cleveland so as to provide for procedures for appeals from police court.
HB 950 Perdue, 18th CITY OF WARNER ROBINS
Amend an Act providing a new charter for the City of Warner Robins so as to change the corporate limits of said city.
HB 763 McGuire, 30th CARROLL COUNTY
Amend an Act known as the Carroll County Water Authority Act so as to in crease the permissible amount of outstanding revenue bonds.
HB 970 McGuire, 30th CARROLL COUNTY
Amend an Act establishing the State Court of Carroll County so as to provide that the judge of such court shall be elected at nonpartisan general elections without a prior nonpartisan primary.
HB 971 McGuire, 30th CARROLL COUNTY
Amend an Act relating to the board of education and school superintendent of the Carroll County School District so as to provide that members of such board shall be elected at nonpartisan general elections without a nonpartisan primary.

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HB 972 McGuire, 30th CARROLL COUNTY
An Act to provide for the nomination and election of the chief magistrate of the Magistrate's Court of Carroll County in nonpartisan primaries and elections.

*SB 464 Gillis, 20th CITY OF EAST DUBLIN

Amend an Act providing a charter for the City of East Dublin so as to change the corporate limits. (AMENDMENT)

The amendment to the following bill was put upon its adoption: *SB 464:

The Senate State and Local Governmental Operations Committee offered the following amendment:

Amend SB 464 by striking the quotation marks at the end of line 15 of page 2 and by adding at the end of line 15 of page 2 the following:
"The property described in this paragraph shall be deannexed from the corporate limits on May 1, 1999, and shall no longer be included within the corporate limits of the city on and after such date.'"
On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

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 Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Crotts Day Dean Egan Farrow

Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Land Langford Madden

Marable McGuire Newbill Perdue Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Turner

Those not voting were Senators:

Abernathy Brown of 26th Clay Edge Glanton

Isakson Kemp (excused) Middleton (excused) Oliver Pollard

Thomas Thompson Tysinger Walker

On the passage of all the local bills, the yeas were 42, nays 0.
All the bills on the Senate Local Consent Calendar, except SB 464, having received the requisite constitutional majority, were passed.
SB 464, having received the requisite constitutional majority, was passed as amended.

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SENATE RULES CALENDAR Friday, March 10, 1995
THIRTY-SIXTH LEGISLATIVE DAY
HB 260 Unemployment benefits; liability of succeeding employers (I&L--47th) Lane-- 146th
HB 269 Elevators, etc; violations; penalties (ST&I--41st) Orrock--56th
HB 182 Judicial sales; advertisement; street address of property (SubstituteXS Judy-- 2nd) Mueller--152nd
HB 228 Nonpublic Postsecondary Education Commission; expand powers (Substitute) (H Ed--55th) Polak--67th
HB 477 Consignment of Art Act; enact (C Aff--55th) Teper--61st
HB 382 State employees' health insurance plan; Georgia Housing and Finance Authori ty (I&L--21st) Ashe--46th
HB 212 Department of Public Safety Nomenclature Act of 1995; enact (Pub Saf--45th) Twiggs--8th
SR 69 Senate Pain Management Study Committee--create (Amendment) (Rules-- 55th)
HB 208 Vidalia onion marketing; amend provisions (Ag--45th) Barfoot--155th
HB 175 Occupation tax levy; classification of businesses (Amendment) (F&PU--44th) Culbreth--132nd
HB 344 Real estate appraisers; classifications (Substitute)(ST&I--41st) Skipper--137th (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 9, 1995.)
HR 160 M. L. King Drive; designate portion of State Highway 333 (Trans--llth) Reaves--178th
HB 559 Peach; designate as official state fruit (Ag--45th) Reaves--178th
HB 281 Health insurance; dermatological services (AmendmentXI&L--21st) Jamieson--22nd
HR 159 Cave Spring, City of; annex property in Floyd County (F&PU--52nd) Childers--13th
HR 81 Atlanta, City; Rhodes Memorial Hall; rental agreement (F&PU--40th) Cox-- 160th
HB 405 Insurance; adverse underwriting decision; redefine (I&L--29th) Culbreth-- 132nd
HB 314 Felony conviction records; Georgia Crime Information Center; public access (Substitute) (Pub Saf--19th) Jenkins--110th
HB 473 State employees; payroll deductions; mass transit benefit (SLGO-G--10th) Mar tin--47th

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HB 34 Public Revenue Code; reference date; Internal Revenue Code (F&PU--44th) Buck--135th

HB 351 Municipal elections; qualifying fees; date; time (SLGO-G--53rd) Holmes--53rd

HB 170 Crime Victims' Bill of Rights; enact (SubstituteXS Judy--12th) Baker--70th

HB 335 Used Motor Vehicle Dealers/Used Motor Vehicle Parts Dealers; amend (C Aff-- 55th) Skipper--137th

HB 567 Sales tax exemptions; additional off-road equipment for forestry harvesting (F&PU--19th) Floyd--138th

HB 221 Bankruptcy and intestate insolvent estates; IRA's; exemption (S Judy--29th) Purcell--147th

HB 185 Abandoned motor vehicles; procedures for reporting (Amendment) (Trans-- 33rd) Powell--23rd

HB 106 Workers' compensation; voluntary service for ACOG; coverage (I&L--24th) Lane--146th

HR 174 Brooks County; convey easement (F&PU--8th) Reaves--178th

HB 423 Special primaries or elections; deadline for registration (SubstituteXSLGO-G-- 10th) Holmes--53rd

HB 50 Income tax; corporate income apportionment; change method (F&PU--44th) Buck--135th

HB 250 Local Government Authorities Registration Act; enact (SLGO-G--10th) Walker--141st

HR 232 Tattnall County; convey property (F&PU--4th) Barnard--154th
Respectfully submitted, /s/ Scott of the 36th, Chairman
Senate Rules Committee

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

HB 260. By Representatives Lane of the 146th, Kinnamon of the 4th, Orrock of the 56th and others:

A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change the liability of suc ceeding employers; to change the computation of contribution rates for such em ployers.

Senate Sponsor: Senator Madden of the 47th.

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

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

Those voting in the affirmative were Senators:

Balfour Black Blitch

Boshears Bowen Broun of 46th

Brown of 26th Burton Cagle

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1365

Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl

Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire Newbill Oliver

Perdue Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Turner

Those not voting were Senators:

Abernathy Isakson James

Kemp (excused) Middleton (excused) Pollard

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 269. By Representative Orrock of the 56th:
A bill to amend Code Section 8-2-107 of the Official Code of Georgia Annotated, relating to penalties for the improper installation, alteration, maintenance, or operation of elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide that the violation of certain laws shall constitute a misdemeanor.
Senate Sponsor: Senator Tysinger of the 41st.
Senators Henson of the 55th and Johnson of the 1st offered the following substitute to HB 269:
A BILL
To be entitled an Act to amend Chapter 2 of Title 8 of the Official Code of Georgia Anno tated, relating to standards for the construction and modification of certain structures, so as to provide that in all counties having a population of not less than 300,000 according to the United States decennial census of 1990 or any future such census and in cities within such counties certain registered professional engineers and registered architects may con duct inspections of the construction of new detached single-family dwellings to determine code compliance; to provide that such registered professional engineers and registered ar chitects may conduct such inspections in other counties or municipalities under certain conditions; to provide that home buyers and home builders who need inspections of new detached single-family dwellings in order to obtain certificates of occupancy in certain counties shall have the option of utilizing certain registered professional engineers or ar chitects for such inspections; to provide procedures for the inspection of new detached sin gle-family dwellings and for the utilization of registered professional engineers and architects for such inspections; to provide for certain notification to local governmental building inspectors and permit departments; to provide for the correction of construction deficiencies in new detached single-family dwellings; to provide for follow-up inspections; to provide for liability of home builders and inspectors; to provide for recourse by cities and municipalities for building code violations; to provide for qualifications of professional engi neers and architects who act as inspectors; to provide procedures for determining whether a registered professional engineer or registered architect is approved to conduct such in spection; to provide for the extent of such inspections; to provide requirements relative to permit fees and other charges; to provide for the filing of inspection reports; to provide for the effect of such inspections; to provide for the authority of local governments; to provide

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that the violation of certain laws shall constitute a misdemeanor; to change the provisions relating to the authority to levy penalties; to change the maximum amount of certain pen alties and to provide for additional penalties; to provide that the imposition of a penalty shall not excuse the violation or permit it to continue; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "New Home Buyers Protection Act and Construction Code Compliance Act of 1995."
SECTION 2.
It is the intent of this Act to:
(1) Assure that new detached single-family dwellings built in the State of Georgia are constructed to meet all minimum standard state codes set forth in Code Section 8-2-20, any local amendments to the state minimum standard codes, and local zoning ordinances;
(2) Provide purchasers of new homes with a means of recourse if construction building deficiencies are found; and
(3) Provide for the most professional and complete inspection of new detached singlefamily dwellings to protect the health, safety, and welfare of the citizens of this state against faulty and inadequate construction.
SECTION 3.
Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards for the construction and modification of certain structures, is amended by adding between Code Sections 8-2-26 and 8-2-27 a new Code Section 8-2-26.1 to read as follows:
(a) This Code section shall apply in all counties having a population of not less than 300,000 according to the United States decennial census of 1990 or any future such cen sus and to all cities located within such counties; provided, however, that if the governing authority of any county of this state having a population of less than 300,000 according to the United States decennial census of 1990 or any future such census or if the governing authority of any city located in such a county adopts a resolution to be governed by the provisions of this Code section, then the provisions of this Code section shall apply in any such county or municipality.
(b) Notwithstanding any provisions of Code Section 8-2-26, any home buyer who has contracted with a home builder to construct a new detached single-family dwelling or any home builder engaged in the construction of a new detached single-family dwelling which he or she intends to sell to any person shall have the option of:
(1) Hiring at his or her own expense a registered professional engineer or registered architect to perform any inspections which are required in order to obtain a certificate of occupancy; or
(2) Having the construction inspected by the local city or county building inspector.
(c) At the time the building permit is obtained, the person, firm, or corporation obtaining the permit or who will be performing the construction shall notify the city or county permit department that he or she may employ a registered professional engineer or reg istered architect to perform the appropriate inspections.
(d) On any inspections except the final inspection, a registered professional engineer or registered architect may be chosen by the home buyer or home builder from the list of

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those preapproved by the city or county to perform the appropriate inspection without any other notice given to the city or county.
(e) When the home builder who is performing the construction or the home buyer is ready for the final inspection, he or she shall notify the city or county that the project is ready for a final inspection, and the city or county shall have three days from the date of notifi cation, excluding weekends and holidays, to provide such final inspection by an inspector or other personnel employed by the local jurisdiction. If the city or county does not pro vide such final inspection within such three-day period or does not notify the home buyer or home builder that the city or county will not be able to provide the final inspection within such three-day period, the home buyer or home builder shall have the option of hiring a registered professional engineer or registered architect to provide this final inspection.
(0(1) If any deficiencies are found during any inspection, the registered professional engineer or registered architect shall notify the home builder of such deficiencies and the builder shall resolve these deficiencies. The registered professional engineer or reg istered architect shall then perform a follow-up inspection to ensure that all deficien cies have been corrected prior to the professional engineer or architect providing a copy of his or her inspection report to the county or city certifying that the construction meets all applicable construction codes.
(2) In the event that a code violation is discovered at any time within one year of the certificate of occupancy being issued, the home buyer or city or county shall have re course against the home builder who performed the construction and the home builder and home buyer shall have recourse against the registered professional engineer or registered architect who performed the inspection.
(g) Nothing in this Code section shall in any way affect the ability of the city or county to pursue a code violation in the same manner as it would have if the inspection had been performed by a county or municipal inspector.
(h) If any inspection is performed by persons other than a city or county inspector, the city or county may have recourse against the home builder performing the construction and the registered professional engineer or registered architect performing the inspec tion for any code violation.
(iXl) No professional engineer shall be authorized to perform any inspection author ized under this Code section unless such professional engineer holds a certificate of registration issued under Chapter 15 of Title 43 and is:
(A)(i) Certified by the Council of American Building Officials (CABO) or is otherwise approved by such a county or municipality within such a county to conduct inspec tions in any such jurisdiction;
(ii) Certified by the Southern Building Code Congress International (SBCCI) or is otherwise approved by such a county or municipality within such a county to conduct inspections in any such jurisdiction;
(iii) A structural engineer; or
(iv) A civil engineer; and
(B) The holder of a policy of liability insurance in an amount of not less than $500,000.00 insuring such professional engineer against personal liability for damages arising out of any error or omission in the performance of an inspection under this Code section.
(2) No architect shall be authorized to perform any inspection authorized under this Code section unless such architect holds a certificate of registration issued under Chapter 4 of Title 43 and is the holder of a policy of liability insurance in an amount of not less than $500,000.00 insuring such registered architect against personal liability for damages arising out of any error or omission in the performance of an inspection under this Code

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section. Any registered professional engineer or registered professional architect con ducting inspections of new detached single family dwellings shall be governed by the state minimum standard codes set forth in Code Section 8-2-20, any local amendments to the state minimum standard codes, and any local zoning ordinances.
(j)(l) Any home builder or home buyer desiring an inspection by a registered professional engineer or registered architect may submit the names of five registered professional engineers or registered architects or any combination thereof who are engaged in the practice of professional engineering or architecture in such a county or in a city within such a county. Such county or city within such a county shall render a decision in not more than seven days as to whether any of the registered professional engineers or regis tered architects are approved to conduct inspections of new detached single-family dwell ings within the jurisdiction. Such a county or city within such a county may publish a listing of registered professional engineers or registered architects who are authorized to conduct such inspections, and the use of any such listed registered professional engineer or registered architect shall not require further approval by the local governing author ity. A local governing authority may remove any engineer or architect from the preapproved list due to a faulty inspection.
(2) Any inspection of a new detached single-family dwelling conducted by a registered professional engineer or registered architect shall be no less extensive than an inspection conducted by a county or city inspector. Any questions that may arise regarding code interpretations shall be submitted to the local inspection department for final interpreta tion and resolution.
(3) The home builder retaining a registered professional engineer or registered architect to conduct an inspection of a new detached single-family dwelling shall be required to pay to such a county or city which requires the inspection the same permit fees and charges which would have been required had the inspection been conducted by the county or city inspector.
(4) The registered professional engineer or registered architect shall be empowered to perform any inspection of a new detached single-family dwelling required by the gov erning authority of any such county or city within such a county, including but not lim ited to inspections for erosion control, footings, foundations, concrete slabs, framing, plumbing, heating ventilation and air conditioning (HVAC), or any and all other inspec tions necessary or required for the issuance of a certificate of occupancy by the governing authority of any such county or city within such a county; provided, however, that inspec tions of fire protection sprinkler systems shall not be included.
(5) The registered professional engineer or registered architect shall provide a copy of his or her inspection report to the local governing authority.
(6) Upon submission by the registered professional engineer or registered architect of a copy of his or her inspection report to the local governing authority, said local governing authority shall be required to accept the inspection of the registered professional engi neer or registered architect without the necessity of further inspection or approval by the inspectors or other personnel employed by the local governing authority."
SECTION 4.
Said chapter is further amended by striking in its entirety subsection (b) of Code Section 82-107, relating to penalties for the improper installation, alteration, maintenance, or opera tion of elevators, dumbwaiters, escalators, manlifts, and moving walks, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b)(l) Any person, firm, partnership, or corporation which violates this part shall be guilty of a misdemeanor. Each day on which a violation occurs shall constitute a separate offense.

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(2) In addition to the penalty provisions in subsection (a) of this Code section and para graph (1) of this subsection, the The Commissioner or local governing authority uf a mu nicipality 01 comty shall have the power, after notice and hearing, to levy a civil penally
penalties as prescribed in the rules and regulations of the department in an amount not to exceed $500.00, $5,000.00 upon such ownui ui lessee failing to discontinue the use
tllfel'^OI 3.S rsCjlliFGd DyXilG 6nrorCGlHGi.it clU.tH01iCty pU.in SU.lilu LO Lliti plOViSiOilS OI SU'OScCLiOii
(J) uf Code Section 8-2-102 any person, firm, partnership, or corporation failing to adhere to the requirements of this part and the regulations promulgated under this part. The imposition of a penalty for a violation of this part or the rules and regulations promul gated under this part shall not excuse the violation or permit it to continue?1
SECTION 5.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.
Pursuant to Senate Rule 143, action on HB 269 was suspended, and HB 269 was placed on the Senate General Calendar.
HB 182. By Representatives Mueller of the 152nd, Randall of the 127th, Smith of the 174th and others:
A bill to amend Code Section 9-13-140 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, so as to require that the street ad dress of real property be included in such advertisement.
Senate Sponsor: Senator Johnson of the 2nd.
The Senate Committee on Special Judiciary offered the following substitute to HB 182:
A BILL
To be entitled an Act to amend Code Section 9-13-140 of the Official Code of Georgia Anno tated, relating to advertisement of judicial sales, so as to require that the street address of real property be included in such advertisement; 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 9-13-140 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) The sheriff, coroner, or other officer shall publish weekly for four weeks in some newspaper published at the county site, and if there is no newspaper published at the county site, then in any paper published in the county, or if there is no such paper pub lished in the county, then in the nearest newspaper having the largest general circula tion in such county, notice of all sales of land and other property executed by him the officer. In the advertisement he the officer shall give a full and complete description of the property to be sold, making known the names of the plaintiff, the defendant, and any person who may be in the possession of the property. In addition, in the case of real property, such advertisement shall include the street address of such real property7*

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SECTION 2. This Act shall become effective July 1, 1996.
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:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Griffin Harbison Henson Hooks Isakson James Johnson of 1st Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Turner

Those not voting were Senators:

Abernathy Guhl Hill

Johnson of 2nd Kemp (excused) Ray

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 by substitute.

HB 228. By Representatives Polak of the 67th, Buck of the 135th, Smyre of the 136th and others:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to expand the general powers and duties of the Nonpublic Postsecondary Education Commis sion; to change certain definitions regarding tuition equalization grants to in clude a qualified proprietary institution of high education located in the state.
Senate Sponsor: Senator Henson of the 55th.
The Senate Committee on Higher Education offered the following substitute to HB 228:
A BILL
To be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to expand the general

FRIDAY, MARCH 10, 1995

1371

powers and duties of the Nonpublic Postsecondary Education Commission; to change cer tain definitions regarding tuition equalization grants; to include a qualified proprietary institution of higher education located in the state; to provide criteria for the receipt of tuition equalization grants; to provide for applicability; to provide an effective date; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, is amended by striking paragraphs (8) and (9) of subsection (b) of Code Section 20-3-250.5, relating to the general powers and duties of the Nonpublic Postsecondary Education Commission, and inserting in lieu thereof the following:
"(8) To receive and hold title to property, equipment, money, and materials; and
(9) To contract with other state, federal, or local public or private schools and other enti ties, individuals, or other legal entities for the provision of services or activities the com mission deems necessary; and
(10) To establish and promulgate regulations for qualified proprietary institutions whose students receive tuition equalization grants in accordance with the criteria set forth in subparagraph (C) of paragraph (2) of Code Section 20-3-411."
SECTION 2.
Said article is further amended by striking the word "and" at the end of subparagraph (A) of paragraph (2), by striking the period at the end of subparagraph (B) of paragraph (2) and inserting in lieu thereof"; and", and by adding at the end of paragraph (2) of Code Section 20-3-411, relating to definitions regarding tuition equalization grants, a new subparagraph (C) to read as follows:
"(C)(i) A qualified proprietary institution of higher education located in this state which is a baccalaureate degree-granting institution of higher education accredited by a re gional accrediting agency recognized by the United States Department of Education or which is a degree-granting institution of higher education accredited by a regional ac crediting agency recognized by the United States Department of Education and was first certified as a degree-granting institution by the Georgia Department of Education on December 31, 1975, which is not a Bible school or college (or, at the graduate level, a school or college of theology or divinity); which admits as regular students only persons who have a high school diploma, a general education development (GED) certificate, or a degree from an accredited postsecondary institution; whose students are eligible to par ticipate in the federal Pell Grant program; which has been reviewed and approved for operation and for receipt of tuition equalization grant funds by the Georgia Nonpublic Postsecondary Education Commission; and which has been in existence for at least ten years; provided, however, that the criteria for approval for receipt of tuition equalization grant funds shall include but not be limited to areas of course study, quality of instruc tion, student placement rate, research and library sources, faculty, support staff, finan cial resources, physical plant facilities resources, and support and equipment resources.
(11) Any proprietary institution that is otherwise qualified pursuant to division (i) of this subparagraph on the effective date of this Act shall be deemed to be eligible for receipt of tuition equalization grant funds subject, however, to any subsequent review of such ap proval pursuant to any proper regulations which may thereafter be adopted in accord ance with paragraph (10) of subsection (b) of Code Section 20-3-250.5 applicable to all qualified proprietary institutions."

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SECTION 3.
This Act shall become effective on July 1, 1995.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was
adopted. The report of the committee, which was favorable to the passage of the bill by substi
tute, was agreed to.

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

Those voting in the affirmative were Senators:

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

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Turner

Voting in the negative were Senators Cagle and Farrow.

Those not voting were Senators:

Abernathy Johnson of 2nd Kemp (excused)

Ragan Thompson

Tysinger Walker

On the passage of the bill, the yeas were 47, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 477. By Representatives Teper of the 61st, Watson of the 139th and Ray of the 128th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the regulation of consignments of art and the rights and duties of consignors, consignees, and others; to provide for a short title.
Senate Sponsor: Senator Henson of the 55th.

Senator Egan of the 40th offered the following amendment: Amend HB 477 as follows:
Strike Line 19 page 3. On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was
adopted.

FRIDAY, MARCH 10, 1995

1373

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

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Land Langford Madden Marable McGuire

Middleton Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Thompson Turner Walker

Those not voting were Senators:

Abernathy Black Bowen Johnson of 2nd

Johnson of 1st Kemp (excused) Newbill

Taylor Thomas Tysinger

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

HB 382. By Representatives Ashe of the 46th, Culbreth of the 132nd, Williams of the 114th and others:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to per mit the Georgia Housing and Finance Authority to contract with the State Per sonnel Board for the participation of authority employees in the state employ ees' health insurance plan.
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:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton
Cagle Cheeks

Clay Crotts Day Dean Edge Egan Farrow Gillis
Glanton Griffin

Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st
Land Langford

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JOURNAL OF THE SENATE

Madden Marable McGuire Middleton Oliver Perdue

Pollard Ragan Ralston Ray Scott Slotin

Those not voting were Senators:

Abernathy Gochenour Johnson of 2nd

Kemp (excused) Newbill Thomas

Starr Stokes Tanksley Taylor Thompson Turner
Tysinger Walker

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

HB 212. By Representatives Twiggs of the 8th, Powell of the 23rd, Greene of the 158th and others:

A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to prohibit the unauthorized use of Department of Public Safety nomenclature or symbols.

Senate Sponsor: Senator Guhl of the 45th.

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

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

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner

Those not voting were Senators:

Abernathy Johnson of 2nd

Kemp (excused) Tysinger

Walker

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

SR 69. By Senators Henson of the 55th and Stokes of the 43rd: A resolution creating the Senate Pain Management Study Committee.

FRIDAY, MARCH 10, 1995

1375

The Senate Rules Committee offered the following amendment:
Amend SR 69 by striking "ten" and inserting "five" on line 3 of page 2.
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 as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Day Dean Edge Farrow Gillis

Glanton Gochenour Griffin Harbison Henson Hill Hooks Isakson James Johnson of 1st Land Langford Madden Marable McGuire Middleton

Newbill Oliver Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker

Voting in the negative was Senator Guhl.

Those not voting were Senators:

Abernathy Crotts Egan

Johnson of 2nd Kemp (excused) Perdue

Ray Tysinger

On the adoption of the resolution, the yeas were 47, nays 1.
The resolution, having received the requisite constitutional majority, was adopted as amended.

HB 208. By Representatives Barfoot of the 155th, Lane of the 146th, Parrish of the 144th and others:
A bill to amend Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, known as the "Vidalia Onion Act of 1986," so as to change the defini tion of a term and provide additional definitions; to change the provisions relat ing to the powers and duties of the Commissioner of Agriculture to prescribe rules and regulations.
Senate Sponsor: Senator Guhl of the 45th.

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

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears

Bowen Broun of 46th Brown of 26th

Burton Cagle Cheeks

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JOURNAL OF THE SENATE

Clay Crotts Day Edge Egan Gillis Glanton Gochenour Griffin
Harbison Henson Hill

Hooks Isakson James Johnson of 1st Land Langford Madden Marable McGuire
Middleton Newbill Pollard

Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas
Thompson Turner

Those not voting were Senators:

Abernathy Black Dean Farrow

Guhl Johnson of 2nd Kemp (excused) Oliver

Perdue Ray Tysinger Walker

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 175. By Representatives Culbreth of the 132nd, Buck of the 135th, Smyre of the 136th and others:
A bill to amend Code Section 48-13-10 of the Official Code of Georgia Annotated, relating to determining the amount of occupation tax levied by local govern ments, so as to authorize businesses and practitioners to be classified by more than one criterion.
Senate Sponsor: Senator Starr of the 44th.
The Senate Committee on Finance and Public Utilities offered the following amendment:
Amend HB 175 by striking in their entirety lines 36 and 37 of page 1 and inserting in lieu thereof the following:
local authorities; to permit".
By inserting "or construction" between "temporary" and "work" on line 28 of page 4.
By striking in its entirety line 32 of page 14 and inserting in lieu thereof the following:
"Local In levying occupation tax, local governments are".
By striking in their entirety lines 16 through 20 of page 15.
By inserting "as defined in paragraph (2) of Code Section 48-13-5" between "receipts" and "of on line 29 of page 15.
On the adoption of the amendment, the yeas were 38, nays 0, and the Finance and Public Utilities Committee amendment was adopted.
Senators Starr of the 44th and Land of the 16th offered the following amendment:
Amend HB 175 by striking in its entirety line 38 of page 12 and inserting in lieu thereof the following:
"practitioners, provided that a jurisdiction which provides an absolute dollar amount lim itation on the total amount of tax shall levy and collect such maximum tax only once on each business entity or practitioner even if a business or practitioner has more than one office or location within the jurisdiction;".
On the adoption of the amendment, the yeas were 36, nays 0, and the Starr and Land amendment was adopted.

FRIDAY, MARCH 10, 1995

1377

Senator Newbill of the 56th offered the following amendment:
Amend HB 175 by striking in its entirety line 11 of page 2 and inserting in lieu thereof the following:
"circumstances; to provide for one or more public hearings regarding the use of additional revenue in any year when revenue from occupation taxes is greater than revenue from occupation taxes in the preceding year; to provide for related matters; to provide an".
By striking in its entirety line 14 of page 21 and inserting in lieu thereof the following:
"regulatory fees.
48-13-28.
In any year when revenue from occupation taxes is greater than revenue from occupation taxes for the preceding year for a local government, the local government shall hold one or more public hearings as a part of the process of determining how to use the additional revenue.'"
On the adoption of the amendment, the yeas were 40, nays 0, 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner

Voting in the negative was Senator Clay.

Those not voting were Senators:

Henson Kemp (excused)

Tysinger

Walker

On the passage of the bill, the yeas were 51, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Newbill of the 56th introduced the doctor of the day, Dr. Burton McDaniel, of Roswell, Georgia.

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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 344. By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:

A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotat ed, relating to real estate appraisers, so as to change the provisions relating to fees for examination, activation, and renewal of appraiser classifications; to
change the provisions relating to required conduct of applicants and grounds for refusal of appraiser classification.

Senate Sponsor: Senator Tysinger of the 41st.

The substitute to HB 344 offered by Senator Isakson of the 21st 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 32, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

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

Those voting in the affirmative were Senators:

Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson Johnson of 2nd Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Stokes Tanksley Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Blitch Crotts

James Johnson of 1st Kemp (excused)

Scott Starr Tysinger

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

HR 160. By Representative Reaves of the 178th:
A resolution designating that portion of State Highway 333 that extends from the city limits of Quitman to the Okapilco Creek Bridge as the M.L. King Drive.
Senate Sponsor: Senator Ragan of the llth.

FRIDAY, MARCH 10, 1995

1379

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 Black Boshears Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire

Middleton Newbill Pollard Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Blitch Bowen Broun of 46th

James Kemp (excused) Oliver

Perdue Scott Tysinger

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

HB 559. 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 peach as the official state fruit.
Senate Sponsor: Senator Guhl of the 45th.

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

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day

Dean Edge Egan Farrow Gillis Glanton Gochenour Harbison Henson Hill Hooks Isakson

Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard

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JOURNAL OF THE SENATE

Ralston Ray Slotin Starr

Stokes Tanksley Thomas

Thompson Turner Walker

Those not voting were Senators:

Abernathy Clay Griffin Guhl

James Kemp (excused) Ragan

Scott Taylor Ty singer

On the passage of the bill, the yeas were 46, 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 202. 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, 1995 and ending June 30, 1996.

The following bill was taken up to consider House action thereto:

HB 202. 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, 1995 and ending June 30, 1996.
Senator Hooks of the 14th moved that the Senate insist on its substitute to HB 202. On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 202.
The Calendar was resumed.

HB 281. By Representatives Jamieson of the 22nd, Hudson of the 156th, Porter of the 143rd and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for the direct access of patients to dermatological services.
Senate Sponsor: Senator Isakson of the 21st.
The Senate Committee on Insurance and Labor offered the following amendment:
Amend HB 281 by striking the word "blocks" on line 26 of page 1 and inserting in lieu thereof the following:
"as it relates to dermatological services may block". By striking lines 9 through 12 of page 2.
By striking line 18 of page 2 and inserting in lieu thereof the following: "physician, as such term is denned by the group plan, policy, or contract for health care services.'".

FRIDAY, MARCH 10, 1995

1381

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Black Blitch Boshears Bowen Brown of 26th Burton Cagle
Cheeks Clay Crotts Day Dean Edge Egan Gillis

Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson
Johnson of 2nd Johnson of 1st Land Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin
Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker

Voting in the negative were Senators Balfour and Langford.

Those not voting were Senators:

Broun of 46th Farrow

Glanton James

Kemp (excused) Tysinger

On the passage of the bill, the yeas were 48, nays 2. The bill, having received the requisite constitutional majority, was passed as amended.

HR 159. By Representatives Childers of the 13th, Perry of the llth and Smith of the 12th:

A resolution consenting to the annexation of certain state owned real property located in Floyd County into the corporate limits of the City of Cave Spring.

Senate Sponsor: Senator Marable of the 52nd.

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

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

Those voting in the affirmative were Senators:

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

Crotts Day Dean
Edge Egan Farrow Gillis
Glanton Gochenour Griffin Guhl

Harbison Henson Hill
Hooks Isakson Johnson of 2nd Johnson of 1st
Land Langford Madden Marable

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JOURNAL OF THE SENATE

McGuire Newbill Oliver Pollard
Ragan Ralston

Ray Scott Slotin Starr Stokes

Those not voting were Senators:

Cagle James Kemp (excused)

Middleton Perdue

Tanksley Thomas Thompson Turner Walker
Taylor Tysinger

On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

HR 81. By Representatives Cox of the 160th, Ashe of the 46th, Porter of the 143rd and others:

A resolution authorizing the State Properties Commission, acting for and on be half of the State of Georgia, the Secretary of State, and its Department of Archives and History, to enter into a rental agreement, as that term is defined in paragraph (9) of Code Section 50-16-31 of the Official Code of Georgia Anno tated, concerning certain state owned improved real property located within the City of Atlanta, Fulton County, Georgia.

Senate Sponsor: Senator Egan of the 40th.

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 Black Blitch Boshears Bowen Burton Cagle Cheeks Clay Crotts Day Dean Edge Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Hooks James Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner

Those not voting were Senators:

Broun of 46th Brown of 26th Egan Henson

Hill Isakson Kemp (excused) Ragan

Scott Tysinger Walker

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

FRIDAY, MARCH 10, 1995

1383

HB 405. By Representatives Culbreth of the 132nd and Lord of the 121st:

A bill to amend Chapter 39 of Title 33 of the Official Code of Georgia Annotated, relating to the collection, use, and disclosure of information gathered by insur ance institutions, so as to revise the definition of adverse underwriting decision; to provide that the placement of insurance with a residual market mechanism, insurer, or unauthorized insurer shall not be considered an adverse underwrit ing decision under certain circumstances.

Senate Sponsor: Senator Langford of the 29th.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge

Farrow Gillis Glanton Gochenour Guhl Harbison Hill Hooks James Johnson of 2nd Johnson of 1st Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan . Ralston Ray Slotin Starr Tanksley Taylor Thompson Turner

Those not voting were Senators:

Black Egan Griffin Henson

Isakson Kemp (excused) Scott Stokes

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.

HB 314. By Representative Jenkins of the 110th:
A bill to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to the dissemination of records of the Georgia Crime Information Center, so as to allow public access to centralized conviction and other records maintained by the state and limit fees therefor.
Senate Sponsor: Senator Ray of the 19th.
The Senate Public Safety Committee offered the following substitute to HB 314:
A BILL
To be entitled an Act, to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to change the provisions relating to access to certain criminal history records maintained by the state and provide for fees therefor; to provide for conditions and procedures relating thereto; to provide for immunity from liability; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
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 striking in its entirety paragraph (1) of subsection (a) of Code Section 35-3-34, relating to the dissemination of records to private persons and businesses, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Make criminal history records maintained by the center available to private persons and businesses under the following conditions:
(A) Private individuals and businesses requesting criminal history records shall, at the time of the request, provide the fingerprints of the person whose records are requested or provide a signed and notarized consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth; and
(B) The center may not provide records of arrests, charges, and sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by law; or".
SECTION 2.
Said article is further amended by adding immediately following subsection (d) of said Code Section 35-3-34 new subsections to read as follows:
"(d.l) When identifying information provided is sufficient to identify persons whose records are requested, local criminal justice agencies may disseminate criminal history records of in-state felony convictions, pleas, and sentences without:
(1) Fingerprint comparison;
(2) Prior contact with the center; or
(3) Consent of the person whose records are requested.
Such information may be disseminated to private individuals and businesses under the conditions specified in subparagraph (B) of paragraph (1) of subsection (a) of this Code section upon payment of the fee for the request and when the request is made upon a form prescribed by the center. Such agencies may charge and retain fees as needed to reimburse such agencies for the direct and indirect costs of providing such information and shall have the same immunity therefor as provided in subsection (c) of this Code section.
(d.2) No fee charged pursuant to this Code section may exceed $20.00 per person whose criminal history record is requested or be charged to any person or entity authorized prior to January 1, 1995, to obtain information pursuant to this Code section without payment of such fee."
SECTION 3.
Said article is further amended by striking in its entirety paragraph (1)'of subsection (a) of Code Section 35-3-35, relating to the dissemination of records to public agencies and polit ical subdivisions, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Make criminal history records maintained by the center available to public agen cies, political subdivisions, authorities, and instrumentalities, including state or fed eral licensing and regulatory agencies or their designated representatives, under the following conditions:
(A) Public agencies or political subdivisions shall, at the time of the request, provide the fingerprints of the person whose records are requested or provide a signed and uutari/ed consent of the person whose records are requested on a form prescribed by

FRIDAY, MARCH 10, 1995

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the center which shall include such person's full name, address, social security number, and date of birth; and
(B) The center may not provide records of arrests, charges, or sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by law;".

SECTION 4.

Said article is further amended by adding immediately following subsection (d) of said Code Section 35-3-35 a new subsection to read as follows:
"(d.l) When identifying information provided is sufficient to identify persons whose records are requested, local criminal justice agencies may disseminate criminal history records of in-state felony convictions, pleas, and sentences without:
(1) Fingerprint comparison;
(2) Prior contact with the center; or
(3) Consent of the person whose records are requested.
Such information may be disseminated to entities to which such records may be made available under subsection (d) of this Code section under the conditions specified in subparagraph (B) of paragraph (1) of subsection (a) of this Code section upon payment of the fee for the request and when the request is made upon a form prescribed by the center. Such agencies may charge and retain fees as needed to reimburse such agencies for the direct and indirect costs of providing such information and shall have the same immu nity therefor as provided in subsection (c) of this Code section.
(d.2) No fee charged pursuant to this Code section may exceed $20.00 per person whose criminal history record is requested or be charged to any person or entity authorized prior to January 1, 1995, to obtain information pursuant to this Code section without payment of such fee."

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Egan

Gillis Glanton Gochenour Griffin Henson Hill Hooks Johnson of 2nd Johnson of 1st Land Langford Madden Marable Middleton Newbill

Oliver Perdue Pollard Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker

Voting in the negative was Senator Harbison.

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Those not voting were Senators:

Blitch Edge Farrow Guhl

Isakson James Kemp (excused) McGuire

Ragan Ray Tysinger

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 473. By Representatives Martin of the 47th and McKinney of the 51st:
A bill to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to authorized deductions from the wages and salaries of public officers and employees, so as to authorize departments, agencies, authori ties, or commissions of the state to participate in any program to provide their employees a mass transit employee benefit.
Senate Sponsor: Senator Thomas of the 10th.
Senator Thomas of the 10th offered the following amendment:
Amend HB 473 by adding after "to" on line 4 of page 1 the following:
"change the provisions relating to the minimum number of state employees required to request deductions for certain not-for-profit organizations; to".
By adding at the end of line 15 of page 1 the following:
"amended by striking subsection (b) of Code Section 45-7-54 of the Official Code of Georgia Annotated, relating to salary deductions of state employees for certain not-forprofit organizations, and inserting in its place the following:
'(b) Where 500 or more full-time state employees who are employed in the Division of Family and Children Services or in the law enforcement or registered nursing disciplines request payroll deduction services to any not-for-profit association having among its spe cific objectives professional development activities related to such employment or pro moting or enhancing law enforcement or registered professional nursing in the State of Georgia, then the state shall provide such deductions as an additional employment bene fit to its employees. This provision shall not be interpreted to require the agency or state to provide the funds for any employee's dues or contributions.'
SECTION 1.1.
Said article is further". On the adoption of the amendment, the yeas were 31, nays 6, and the Thomas amend
ment was adopted.
Pursuant to Senate Rule 143, action on HB 473 was suspended, and HB 473 was placed on the Senate General Calendar.
Senator Ray of the 19th, President Pro Tempore, assumed the Chair.

HB 34. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th and others:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Reve nue Code" and "Internal Revenue Code of 1986" and thereby to incorporate pro visions of federal law into Georgia law.
Senate Sponsor: Senator Starr of the 44th.

FRIDAY, MARCH 10, 1995

1387

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, 1995

The Honorable Thomas B. Buck, III, Chairman
House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 34 (LC 18 6444)

Dear Chairman Buck:

This bill substitutes the Internal Revenue Code as it existed on January 1, 1995 for the Code as it existed on January 1, 1994 in the definitions, procedures, and parameters which Georgia incorporates into its individual and corporate income taxes.
In 1994, as in most years, numerous IRS revenue rulings, regulation changes, and tax (and other) court decisions affected the content of the Internal Revenue Code. While conse quential for certain groups of taxpayers, the overall impact of these interpretive clarifica tions on the yield of Georgia's income taxes would appear to be inconsequential. Similarly, the only major Congressional action bearing on the Code, the Revenue Reconciliation Act of 1994, spawned a series of minor revenue-raising and revenue-lowering effects. Were it adopted in Georgia, these would be largely offsetting.
In total, adoption of the Internal Revenue Code as it existed on January 1, 1995 will have sectoral impacts but no aggregate impact on the State's revenues.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Henry M. Huckaby. Director Office of Planning and Budget

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour
Black Blitch
Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle Cheeks
Clay Crotts Day

Dean Edge
Farrow Gillis
Glanton Gochenour
Griffin Guhl Harbison Hill Isakson
James Johnson of 2nd Johnson of 1st

Land Langford
Madden Marable
McGuire Middleton
Newbill Pollard Ragan Ralston Scott
Slotin Starr Stokes

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Tanksley Taylor Thomas

Thompson Turner

Those not voting were Senators:

Egan Henson Hooks

Kemp (excused) Oliver Perdue

Ray (presiding) 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 351. By Representatives Holmes of the 53rd, Canty of the 52nd, Goodwin of the 79th and others:

A bill to amend Chapter 3 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Municipal Election Code," so as to change the time for fixing quali fication fees; to provide that qualifying fees shall be fixed by municipal charter or ordinance for nonsalaried officers.

Senate Sponsor: Senator Black of the 53rd.

Senators Johnson of the 1st and Black of the 53rd offered the following amendment:
Amend HB 351 by changing "Wednesday" to "Friday" on lines 18 and 23 on page 2.
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Broun of 46th Kemp (excused)

Ray (presiding)

Tysinger

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

FRIDAY, MARCH 10, 1995

1389

HB 170. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to enact a "Crime Victims' Bill of Rights".
Senate Sponsor: Senator Taylor of the 12th.
The Senate Committee on Special Judiciary offered the following substitute to HB 170:
A BILL
To be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change and make provisions relating to rights of victims of crimes; to increase the maximum amount of compensation payable to and on behalf of vic tims of crimes; to enact a Crime Victims' Bill of Rights"; to state legislative findings; to provide a short title; to define terms; to provide for certain rights to victims of certain crimes; to provide for designation of other persons to exercise such rights under certain circumstances; to provide for notification to victims of certain matters by law enforcement personnel; to provide for promulgation of information by the Criminal Justice Coordinating Council; to provide for notification to victims of certain matters by prosecuting attorneys; to provide for separation of victims from defendants and related parties during court proceed ings; to provide that under certain circumstances the court may require that information concerning a victim's address, telephone number, or place of employment shall not be transmitted to the defendant; to provide for a victim's right to express his or her opinion with respect to certain issues; to provide for notice by the State Board of Pardons and Paroles prior to consideration of a pardon, parole, or other clemency; to provide for proce dural matters; to provide for effect with respect to civil and criminal liability; to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to penal institu tions and penal matters in general, so as to change provisions relating to notification to victims when offenders have a change in custodial status; 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 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Code Section 17-15-8, relating to an award of compensation to a crime victim, by striking paragraph (1) of subsection (c) of said Code section in its entirety and inserting in lieu thereof the following:
"(c)(l) Notwithstanding any other provisions of this chapter, no award made under the provisions of this chapter shall exceed $1,000.00 in the aggregate; provided, however, with respect to any claim filed with the board as a result of a crime occurring on or after July 1, 1994, no award made under the provisions of this chapter payable to a victim and to all other claimants sustaining economic loss because of injury to or death of such victim shall exceed $5,000.00 in the aggregate; provided, however, with respect to any claim filed with the board as a result of a crime occurring on or after July 1, T595, no award made under the provisions of the chapter payable to a victim and to all other claimants sustaining economic loss because of injury to or death of such victim shall exceed $10,000.00 in the aggregate."

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SECTION 2.

Said title is further amended by adding a new Chapter 17 to read as follows:

17-17-1.

"CHAPTER 17

The General Assembly hereby finds and declares it to be the policy of this state that victims of crimes should be accorded certain basic rights just as the accused are accorded certain basic rights.
17-17-2.

This chapter shall be known and may be cited as the 'Crime Victims' Bill of Rights.' 17-17-3.

As used in this chapter, the term:
(1) 'Accused' means a person suspected of and subject to arrest for, arrested for, or convicted of a crime against a victim.
(2) 'Arresting law enforcement agency' means any law enforcement agency, other than the investigating law enforcement agency, which arrests the accused.
(3) 'Compensation' means awards granted by the Georgia Crime Victims Compensa tion Board pursuant to Chapter 15 of this title.
(4) 'Crime* means an act committed in this state which constitutes any violation of Chapter 5 of Title 16, relating to crimes against persons; Chapter 6 of Title 16, relating to sexual offenses; Article 1 or Article 3 of Chapter 7 of Title 16, relating to burglary and arson; Article 1 or Article 2 of Chapter 8 of Title 16, relating to offenses involving theft and armed robbery; Code Section 16-12-100, relating to sexual exploitation of children; Code Section 40-6-393, relating to homicide by vehicle; Code Section 40-6393.1, relating to feticide by vehicle; or Code Section 40-6-394, relating to serious in jury by vehicle.
(5) 'Custodial authority' means a warden, sheriff, jailer, deputy sheriff, police officer, correctional officer, officer or employee of the Department of Corrections or the Depart ment of Children and Youth Services, or any other law enforcement officer having ac tual custody of the accused.
(6) 'Investigating law enforcement agency' means the law enforcement agency respon sible for the investigation of the crime.
(7) 'Notice,' 'notification,' or 'notify' means a written notice when time permits or, fail ing such, a documented effort to reach the victim by telephonic or other means.
(8) 'Person' means an individual.
(9) 'Prompt notice,' 'prompt notification,' or 'promptly notify' means notification given to the victim as soon as practically possible so as to provide the victim with a meaning ful opportunity to exercise his or her rights pursuant to this chapter.
(10) 'Prosecuting attorney' means the district attorney, the solicitor of state or other courts, the Attorney General, a county attorney opposing an accused in a habeas corpus proceeding, or the designee of any of these.
(11) "Victim" means:
(A) A person against whom a crime has been perpetrated; or
(B) In the event of the death of the crime victim, the following relations if the rela tion is not either in custody for an offense or the defendant:
(i) The spouse;
(ii) An adult child if division (i) does not apply;
(iii) A parent if divisions (i) and (ii) do not apply;

FRIDAY, MARCH 10, 1995

1391

(iv) A sibling if divisions (i) through (iii) do not apply;
(v) A grandparent if divisions (i) through (iv) do not apply; or
(C) A parent, guardian, or custodian of a crime victim who is a minor or a legally incapacitated person except if such parent, guardian, or custodian is in custody for an offense or is the defendant. 17-17-4.
If a victim is physically unable to exercise privileges and rights under this chapter, the victim may designate by written instrument his or her spouse, adult child, parent, sib ling, or grandparent to act in place of the victim during the duration of the physical disability. During the physical disability, notices to be provided under this chapter to the victim shall continue to be afforded only to the victim. 17-17-5.
(a) All victims, wherever practicable, shall be entitled to notification as defined by para graph (7) of Code Section 17-17-3 of the accused's arrest, of the accused's release from custody, and of any judicial proceeding at which the release of the accused will be consid ered. No such notification shall be required unless the victim provides a landline tele phone number other than a pocket pager or electronic communication device number to which such notice can be directed.
(b) The investigating law enforcement agency, prosecuting attorney, or custodial author ity who is required to provide notification pursuant to this chapter shall advise the victim of his or her right to notification and of the requirement of the victim's providing a landline telephone number other than a pocket pager or electronic communication device number to which the notification shall be directed. Such victim shall transmit the tele phone number described in this subsection to the appropriate investigating law enforce ment agency, prosecuting attorney, or custodial authority as provided for in this chapter. 17-17-6.
(a) Upon initial contact with a victim, all law enforcement and court personnel shall make available to the victim the following information written in plain language:
(1) The possibility of pretrial release of the accused, the victim's rights and role in the stages of the criminal justice process, and the means by which additional information about these stages can be obtained.
(2) The availability of victim compensation; and
(3) The availability of community based victim service programs.
(b) The Criminal Justice Coordinating Council is designated as the coordinating entity between various law enforcement agencies, the courts, and social service delivery agen cies. The Criminal Justice Coordinating Council shall develop and disseminate written information upon which law enforcement personnel may rely in disseminating the infor mation required by this chapter. 17-17-7.
(a) Whenever possible, the investigating law enforcement agency shall give to a victim prompt notification as defined in paragraph (9) of Code Section 17-17-3 of the arrest of an accused.
(b) The arresting law enforcement agency shall promptly notify the investigating law enforcement agency of the accused's arrest.
(c) Whenever possible, the prosecuting attorney shall notify the victim prior to any pro ceeding in which the release of the accused will be considered.
(d) Whenever possible, the prosecuting attorney shall offer the victim the opportunity to express the victim's opinion on the release of the accused pending judicial proceedings.
(e) Whenever possible, the custodial authority shall give prompt notification to a victim of the release of the accused.

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(1) prompt notification of release from a county or municipal jail is effected by placing a telephone call to the telephone number provided by the victim and giving notice to the victim or any person answering the telephone who appears to be sui juris or by leaving an appropriate message on a telephone answering machine.
(2) Notification of release from the custody of the state or any county correctional facil ity shall be in the manner provided by law.
(f) If the court has granted a pretrial release or supersedeas bond, the victim shall have the right to file a written complaint with the prosecuting attorney asserting acts or threats of physical violence or intimidation by the accused or at the accused's direction against the victim or the victim's immediate family. Based on the victim's written com plaint or other evidence, the prosecuting attorney may move the court that the bond or personal recognizance of an accused be revoked.
17-17-8.
(a) Upon initial contact with a victim, a prosecuting attorney shall give prompt notifica tion to the victim of the following:
(1) The procedural steps in processing a criminal case;
(2) The rights and procedures of victims under this chapter;
(3) Suggested procedures if the victim is subjected to threats or intimidation; and
(4) The names and telephone numbers of contact persons at both the office of the custo dial authority and in the prosecuting attorney's office.
(b) If requested in writing by the victim and to the extent possible, the prosecuting attor ney shall give prompt advance notification of any scheduled court proceedings and notice of any changes to that schedule. Court proceedings shall include, but not be limited to, pretrial commitment hearings, arraignment, motion hearings, trial, sentencing, appel late review, and post-conviction relief. The prosecuting attorney shall notify all victims of the requirement to make such request in writing.
17-17-9.
The victim shall have the right to wait in an area separate from the accused, from the family and friends of the accused, and from witnesses for the accused during any judicial proceeding involving the accused, provided that such separate area is available and its use in such a manner practical. If such a separate area is not available or practical, the court, upon request of the victim made through the prosecuting attorney, shall attempt to minimize the victim's contact with the accused, the accused's relatives and friends, and witnesses for the accused during any such judicial proceeding.
17-17-10.
As a condition of permitting a response to an inquiry as to the victim's current address, telephone number, or place of employment, the court may require counsel or any other officer of the court, including but not limited to counsel for the defendant, not to transmit or permit transmission to the defendant of the victim's current address, telephone number, or place of employment by the counsel or officer of the court or any employee, agent, or other representative of the counsel or officer of the court.
17-17-11.
The prosecuting attorney shall offer the victim the opportunity to express the victim's opinion on the disposition of an accused's case, including the views of the victim regarding:

FRIDAY, MARCH 10, 1995

1393

(1) Plea or sentence negotiations; and
(2) Participation in pretrial or post-conviction diversion programs.
This provision shall not limit any other right created pursuant to state law.
17-17-12.
(a) Upon the written request of the victim, the prosecuting attorney shall notify the vic tim of the following:
(1) That the accused has filed a motion for new trial or an appeal of his or her conviction;
(2) Whether the accused has been released on bail or other recognizance pending the disposition of the motion or appeal;
(3) The time and place of any appellate court proceedings relating to the motion or appeal and any changes in the time or place of those proceedings; and
(4) The result of the motion or appeal.
(b) In the event the accused is granted a new trial or the conviction is reversed or re manded and the case is returned to the trial court for further proceedings, the victim shall be entitled to request the rights and privileges provided by this chapter.
17-17-13.
The State Board of Pardons and Paroles shall give 20 days' advance notification to a victim whenever it considers making a final decision to grant parole or any other manner of executive clemency action to release a defendant for a period exceeding 60 days; and the board shall provide the victim with an opportunity to file a written objection to such action. No notification need be given unless the victim has expressed objection to release or has expressed a desire for such notification and has provided the State Board of Par dons and Paroles with a current address and telephone number.
17-17-14.
(a) It is the right and responsibility of the victim who desires notification under this chapter or under any other notification statute to keep the following informed of the vic tim's current address and phone number:
(1) The investigating law enforcement agency;
(2) The prosecuting attorney, until final disposition or completion of the appellate and post-conviction process, whichever occurs later; and
(3) As directed by the prosecuting attorney, the sheriff if the accused is in the sheriffs custody for pretrial, trial, or post-conviction proceedings; the Department of Correc tions if the accused is in the custody of the state; or any county correctional facility if the defendant is sentenced to serve time in a facility which is not a state facility; and
(4) The State Board of Pardons and Paroles.
(b) Current addresses and telephone numbers of victims and their names provided for the purposes of notification pursuant to this chapter or any other notification statute shall be confidential and used solely for the purposes of this chapter and shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50, relating to inspection of public records.
17-17-15.
(a) Failure to provide or to timely provide any of the information or notifications required by this chapter shall not subject the person responsible for such notification or that per son's employer to any liability for damages.
(b) Failure to provide a victim with any of the rights required by law shall not give an accused a basis for error in either an appellate action or a post-conviction writ of habeas corpus.

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(c) This chapter does not confer upon a victim any standing to participate as a party in a criminal proceeding or to contest the disposition of any charge.
(d) The enumeration of these rights shall not be construed to deny or diminish other notification rights granted by state law.
(e) The victim may waive any of the information or notification or other rights provided for by this chapter."
SECTION 3.
Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to penal institu tions and penal matters in general, is amended by striking Code Section 42-1-11, relating to crime victim notification, and inserting in its place a new Code Section 42-1-11 to read as follows:
"42-1-11.
(a) As used in this Code section, the term:
(1) 'Commissioner' means the commissioner of con1
(2X1) 'Crime' means an act committed in this state which constitutes a crime i& de-
lincu by State 01' lt^U6 iil liiW anil wini;li iGoUlt& 111 pliyfeiCal ii\jUi_y 01 ucatli tu tliti Vidiiid
any violation of Chapter 5 of Title 16, relating to crimes against persons; Chapter 6 of Title 16, relating to sexual offenses; Article 1 or Article 3 of Chapter 7 of Title 16, relating to burglary and arson; or Article lor Article 2 of Chapter 8 of Title 16, relating to oft'enses involving theft and armed robbery'
OK2) 'Crime against the person or sexual offense' means any crime provided for in Chapter 5 or 6 of Title 16.
(3) 'Custodial authority' means the commissioner of corrections if the offender is in the physical custody of the state, or the sheriff if the offender is incarcerated in a county jail, or the warden if the offender is incarcerated in a county correctional institution.
(4) 'Offender' means a person sentenced to a term of incarceration in a state or county correctional institution.
til' SOU WliO iili-ilci'i ptilSGllcil Ji.iiySJ.CcLl iiiJUi'^y OI1 Q63.1I1 aS ct J. c5U.lt OI Si Cl'lllitt ciilu bll&ll illClllu^ iJ^.t^iliL)61>S Oi tile iiliillc^ulEltG IHliiilj' 01 ci ViCl/iiil Wllvj Cti& 1S Lliti
1'iiSU.lL 01 3. C-TiilHi cLiiu. tlit^ pcLltiillS &iiu glictl'tllclliS) 01 ViCtiiiiS WHO cll'6 jflljLilGl1S.
(b) If the identity of a victim of a crime has been verified by the prosecuting attorney, who has, at the request of such victim, mailed a letter to the commissioner of collections custodial authority requesting that the victim be notified of a change in the custodial status of an offender, then the commissioner of corrections or Iht: coniniisMuiier's designee custodial authority shall make a good faith effort to notify the victim that the offender is to be released from imprisonment, including release on extended furlough; transferred to work release; released by mandatory release upon expiration of sentence; or has escaped from confinement; or if the offender has died. The good faith effort to notify the victim must occur prior to the release or transfer noted in this subsection. For a victim of a felony crime against the person or sexual offense for which the offender was sentenced to a term of imprisonment of more than 18 months, the good faith effort to notify the victim must occur no later than ten days before the offender's release from imprisonment, transfer to or release from work release, or as soon thereafter as is practi cal in situations involving emergencies.
(c) The notice given to a victim of a crime against a person or sexual offense must include the conditions governing the offender's release or transfer and either the identity of the corrections agent or the county officer who will be supervising the offender's release or a means to identify the agency that will be supervising the offender's release. The commis sioner of curi'ectioiib ui the curnmi&&kmei''i> designee custodial authority complies with

FRIDAY, MARCH 10, 1995

1395

this Code section upon mailing the notice of impending release to the victim at the ad dress which the victim has most recently provided to the commissioner or custodial au thority in writing.
(d) If an offender escapes from imprisonment or incarceration, including from release on extended furlough or work release, the coniniis&iuaei or other custodial authority shall make all reasonable efforts to notify a victim who has requested notice of the offender's release under subsection (b) of this Code section within six hours after discovering the escape, or as soon thereafter as is practical, and shall also make reasonable efforts to notify the victim within 24 hours after the offender is apprehended or as soon thereafter as is practical. In emergencies, telephone notification for the victim will be attempted and the results documented in the offender's central file.
(e) All identifying information regarding the victim, including the victim's request and the notice provided by the commissioner 01 the cummiiisioiiei's designee custodial au thority, shall be confidential and accessible only to the victim. It is the responsibility of the victim to provide the cumuiisbiuiit!i custodial authority with a current address.
(f) A designated official in the Department of Corrections, the county correctional facility, and the sheriffs office shall coordinate the receipt of all victim correspondence and shall monitor staff' responses to requests for such notification from victims of crime.
(g) The coniuiissiuuei' aud the Department of Corrections custodial authority shall not be liable for a failure to notify the victim."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.
The 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 Black Blitch Boshears Bowen Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st Land Langford Madden Marable

McGuire Middleton Newbill Oliver Pollard Ragan Ralston Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Broun of 46th Johnson of 2nd

Kemp (excused) Perdue Ray (presiding)

Tanksley Tysinger

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

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

HB 335. By Representatives Skipper of the 137th, Powell of the 23rd and Watson of the 139th:

A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to extensively revise provisions relating to the regulation and licensure of persons dealing in used motor vehicles and used mo tor vehicle parts; to define terms; to provide for a State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers.

Senate Sponsor: Senator Henson of the 55th.

Senators Johnson of the 1st, Starr of the 44th and Henson of the 55th offered the fol lowing amendment:
Amend HB 335 by inserting on line 21 on page 24, immediately following the word "auc tion", the word "or salvage pool".
On the adoption of the amendment, the yeas were 37, nays 0, and the Johnson of the 1st, et al. amendment was adopted.

Senators Johnson of the 1st and Henson of the 55th offered the following amendment:
Amend HB 335 by inserting on line 38 on page 23, immediately following the word "facil ity", the following:
"; provided, however, that the owner shall be notified either in person or by registered mail prior to the impounding of a used motor vehicle"!
On the adoption of the amendment, the yeas were 37, nays 0, and the Johnson of the 1st, et al. 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 Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan
Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James
Johnson of 2nd Johnson of 1st Land
Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin
Starr Stokes Tanksley
Thompson Turner Walker

Those not voting were Senators:

Abernathy Isakson Kemp (excused)

Ray (presiding) Taylor

Thomas Tysinger

FRIDAY, MARCH 10, 1995

1397

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator McGuire of the 30th moved that Senator Crotts of the 17th be excused in order to attend a House committee meeting.
On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Crotts of the 17th was excused from the Senate.

HB 567. By Representatives Floyd of the 138th, Royal of the 164th, Hudson of the 156th 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 revise and change an exemption with respect to the sale or use of certain off-road equipment and related attachments; to provide for additional qualified equipment.

Senate Sponsor: Senator Ray of the 19th.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire

Middleton Newbill Oliver Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Black Crotts (excused) Henson

Kemp (excused) Perdue

Ray (presiding) Tysinger

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 221. By Representatives Purcell of the 147th, Reaves of the 178th, Hudson of the 156th and others:
A bill to amend Code Section 44-13-100 of the Official Code of Georgia Annotat ed, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, so as to provide an exemption for payments from individual retirement accounts and funds in individual retirement accounts.
Senate Sponsor: Senator Langford of the 29th.

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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 Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Day Dean Edge
Farrow Gillis Glanton Gochenour Griffin

Guhl Harbison Henson Hill
Hooks James Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker

Voting in the negative was Senator Egan.

Those not voting were Senators:

Abernathy Black Bowen Cheeks

Clay Crotts (excused) Isakson

Kemp (excused) Ray (presiding) Tysinger

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 House action thereto:

SB 374. By Senators Madden of the 47th, Middleton of the 50th, McGuire of the 30th and others:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to authorize the Commissioner of Agriculture to solicit and to expend state funds for the solicitation of volunta ry contributions to be used exclusively for the compilation, publication, printing, and distribution of the Farmers and Consumers Market Bulletin.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 2 of Title 2 of the Official Code of Georgia Anno tated, relating to the Department of Agriculture, so as to authorize the Commissioner of Agriculture to publicize and request voluntary contributions to be used exclusively for the compilation, publication, printing, and distribution of the Farmers and Consumers Market Bulletin; to provide an effective date; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 10, 1995

1399

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, is amended by adding, following Code Section 2-2-8, a new Code Section 2-28.1 to read as follows:
"2-2-8.1.
The Commissioner is authorized to publicize and request, by means of publication of ap propriate notices in the Farmers and Consumers Market Bulletin, contributions to be used exclusively for the compilation, publication, printing, and distribution of the Farm ers and Consumers Market Bulletin. Any voluntary contribution made for such purpose shall be received by the Commissioner, shall be separately accounted for, need not be deposited in the state treasury, and shall be used and expended solely for the purpose donated."

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 Madden of the 47th moved that the Senate agree to the House substitute to SB 374.

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

Those voting in the affirmative were Senators:

Balfour Black
Blitch Boshears
Broun of 46th Brown of 26th Burton Cagle Day Dean Edge Egan Farrow Gillis
Glanton

Gochenour Griffin
Guhl Harbison
Henson Hooks Isakson James Johnson of 2nd Johnson of 1st Land Madden Marable McGuire
Middleton

Newbill Oliver
Perdue Pollard
Ragan Ralston Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner

Those not voting were Senators:

Abernathy Bowen
Cheeks Clay

Crotts (excused) Hill
Kemp (excused) Langford

Ray (presiding) Scott
Tysinger Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 374.
The President resumed the Chair.

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JOURNAL OF THE SENATE

The following bill was taken up to consider House action thereto:
SB 188. By Senators Ray of the 19th and Walker of the 22nd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotat ed, relating to professional counselors, social workers, and marriage and family therapists, so as to change certain training requirements.
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, relating to professional counselors, social workers, and marriage and family therapists, so as to change certain training requirements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, is amended by striking in its entirety Code Section 43-10A-13, relating to requirements for licensure in marriage and family therapy, which reads as follows:
"43-10A-13.
The education, experience, and training requirements for licensure in marriage and fam ily therapy are as follows:
(1) A master's degree from a program in any specialty, any allied profession, applied child and family development, applied sociology, or from any program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, which de gree shall have been granted by a recognized educational institution and, after July 1, 1987, shall include a course of study in the principles and practice of marriage and family therapy; four years' full-time post-master's experience under direction in the practice of any specialty, one year of which may have been in an approved internship program before or after the granting of the master's degree and two years of which shall have been in the practice of marriage and family therapy; and 200 hours of super vision, 100 hours of which shall have been in the practice of marriage and family therapy;
(2) A doctorate degree in a program, which degree and program shall meet the require ments of paragraph (1) of this Code section; two years' full-time post-master's experi ence under direction in the practice of marriage and family therapy, one year of which may have been in an approved internship program; and 100 hours of supervision in the practice of marriage and family therapy, 50 hours of which may have been obtained while a student or intern in an accredited doctoral program; or
(3) A law degree and four years' full-time post law degree experience under direction in the practice of any specialty, one year of which may have been in an approved intern ship program before or after the granting of the law degree and two years of which shall have been in the practice of marriage and family therapy; and 200 hours of super vision, 100 hours of which shall have been in the practice of marriage and family ther apy; and who have applied for licensure prior to July 1, 1989.",

FRIDAY, MARCH 10, 1995

1401

and inserting in lieu thereof the following: "43-10A-13.

(a) The education, training, and experience requirements for licensure in marriage and family therapy for an applicant with a master's degree are as follows:
(1KA) A master's degree from a program in any specialty, any allied profession, ap plied child and family development, or applied sociology;
(B) A master's degree from any program accredited by the Commission on Accredita tion for Marriage and Family Therapy Education, which degree shall have been granted by a recognized educational institution; or
(C) A master's degree based on a specific course of study consisting of at least 45 semester or 75 quarter hours which shall include six semester or ten quarter hours of general family studies, six semester or ten quarter hours of marital and family therapy theory, and three semester or five quarter hours of professional ethics; pro vided, however, that any person qualified for licensure pursuant to the provisions of this subparagraph must have applied for licensure prior to July 1, 2001; and
(2) Completion of 2,000 hours of client contact experience, at least 500 hours of which shall have been in the practice of marriage and family therapy, as follows:
(A) Up to 500 such hours may be obtained either before granting of the master's degree in an approved year-long internship program under supervision at a rate of at least one supervised hour for every five client contact hours; and
(B) At least 1,500 of such hours shall be obtained in a post-degree family residency program under supervision at the rate of at least one supervised hour for every ten client contact hours.
(b) The education, training, and experience requirements for licensure in marriage and family therapy for an applicant with a doctorate degree are as follows:
(1) A doctorate degree in a program which meets the requirements of paragraph (1) of subsection (a) this Code section; and
(2) Completion of 900 hours of client contact experience in the practice of marriage and family therapy as follows:
(A) Up to 500 such hours may be obtained before the granting of the master's degree in an approved year-long internship program under supervision at a rate of at least one supervised hour for every five client contact hours; and
(B) At least 400 of such hours shall be obtained in a post-degree family residency program under supervision at the rate of at least one supervised hour for every ten client contact hours.
(c) Notwithstanding any provision of this Code section to the contrary, any person who has met the requirements for a clinical membership in the American Association for Marriage and Family Therapy and who presents evidence of such membership to the board shall be qualified for licensure in marriage and family therapy."

SECTION 2.

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 188.

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

Those voting in the affirmative were Senators:

Balfour Black Boshears

Broun of 46th Brown of 26th Burton

Cagle Day Dean

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JOURNAL OF THE SENATE

Edge Egan Farrow Gillis Griffin
Guhl Harbison Henson
Hill Hooks Isakson

James Johnson of 2nd Johnson of 1st Land Langford
Madden Marable McGuire
Middleton Newbill Oliver

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Abernathy Blitch Bowen Cheeks Clay

Crotts (excused) Gochenour Kemp (excused) Perdue

Pollard Ragan Ralston Ray Slotin Stokes Tanksley Taylor Thomas Thompson Turner
Scott Starr Tysinger Walker

On the motion, the yeas were 42, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 188.

The Calendar was resumed.

HB 185. By Representatives Powell of the 23rd and Parham of the 122nd:

A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to change certain procedures regard ing the reporting of an abandoned motor vehicle.

Senate Sponsor: Senator Thompson of the 33rd.

The Senate Transportation Committee offered the following amendment:
Amend HB 185 by inserting on line 16 of page 4 between the words "provided" and "to" the following word:
"electronically".
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour Black Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Day Dean

Edge Farrow Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks

James Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire Middleton Newbill

FRIDAY, MARCH 10, 1995

1403

Oliver Pollard Ragan Ralston

Ray Slotin Stokes Tanksley

Taylor Thomas Thompson Turner

Those not voting were Senators:

Abernathy Blitch Bowen Clay Crotts (excused)

Egan Gochenour Isakson Kemp (excused) Perdue

Scott Starr Tysinger Walker

On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

HR 174. By Representatives Reaves of the 178th and Golden of the 177th:

A resolution authorizing the conveyance of an easement of access to certain state owned real property located in Brooks County.

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:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Day Dean Edge Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Land Langford Madden Marable

McGuire Middleton Newbill Oliver Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thompson Turner

Those not voting were Senators:

Crotts (excused) Egan Johnson of 1st

Kemp (excused) Perdue Thomas

Tysinger Walker

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

1404

JOURNAL OF THE SENATE

HB 423. By Representatives Holmes of the 53rd, Canty of the 52nd, Kinnamon of the 4th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the deadline for registration in certain special prima ries and elections.
Senate Sponsor: Senator Thomas of the 10th.
Senators Edge of the 28th, Thomas of the 10th and Egan of the 40th offered the follow ing substitute to HB 423:
A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the dates for qualifying and for the general primary in 1996; to change the deadline for registration and registration by mail in certain special primaries and elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety subsection (b.l) of Code Section 21-2-132, relating to procedures for qualifying of candidates, and inserting in lieu thereof a new subsection to read as follows:
"(b.l) All candidates specified in subsection (b) of this Code section shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsec tion in order to be eligible to have their names placed on the nonpartisan primary ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or his the candidate's agent, desiring to have his or her name placed on th= nonpartisan primary ballot shall file a notice of his candidacy, giving his or her name, residence address, and the office lie ih seeking sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April; provided, however, that in 1996 such candidates or their agents shall file such notice~of candidacy in the office of the Secre tary of State no earlier than 9.00 A.M. on the fourth Monday in March immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in March;
(2) Each candidate for the office of judge of a state court, or his the candidate's agent, desiring to have his or her name placed on the nonpartisan primary ballot shall file notice of his candidacy in the office of the superintendent of his the county no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April; provided, however, that in 1996 such candidates or their agents shall file such notice of candi3acy with such superintendent no earlier than 9:00 A.M. on the fourth Monday in March immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in March."

FRIDAY, MARCH 10, 1995

1405

SECTION 2.
Said title is further amended by striking in its entirety Code Section 21-2-150, relating to the date of the general primary and the date of the nonpartisan primary, and inserting in lieu thereof a new Code section to read as follows:
"21-2-150.
(a) Whenever any political party holds a primary to nominate candidates for public of fices to be filled in the ensuing November election, such primary shall be held on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section.
(b) Whenever any nonpartisan primary is held to nominate candidates for the office of judge of the state court, judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court to be filled in the ensuing November election, such primary shall be held jointly with the political primaries on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section.
(c) Whenever the primary occurs during the same week of the national convention of either the political party whose candidates received the highest number of votes or the political party whose candidates received the next highest number of votes in the last presidential election, the general primary shall be conducted on the second Tuesday in July of such year. This subsection shall not apply unless the date of the convention of the political party is announced by the political party prior to April 1 of the year in which the general primary is conducted. In 1996, such primary shall be held on the first Tuesday in June."
SECTION 3.
Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2153, relating to qualifying for party nomination in a primary, and inserting in lieu thereof a new subsection to read as follows:
"(c) In the case of a general primary, the candidates or their agents shall commence qual ifying at 9:00 A.M. on the fourth Monday in April immediately prior to the primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April; provided, however that in 1996 such candidates or their agents shall commence qualify^ ing on the fourth Monday in March immediately prior to the primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in March. In the case of a special primary, the candidate shall quality no earlier than the date of the call for the special primary and no later than 25 days prior to the date of such primary."
SECTION 4.
Said title is further amended by striking in their entirety subsections (b) and (c) of Code Section 21-2-224, relating to registration deadlines, and inserting in lieu thereof the following:
"(b) If any person whose name is not on the list of registered electors desires to vote at any special primary or special election, such person shall make application as provided in this article no later than the close of the business on the fifth day after the date of the call for the special primary or special election, excluding Saturdays, Sundays, and legal holi days of this state; yiuvided, however, except that;:
(1) If if such special primary or special election is held in conjunction with a general primary, general election, or presidential preference primary, the registration deadline for such special primary or special election shall be the same as the registration dead line for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted; or
(2) If such special primary or special election is not held in conjunction with a general primary, general election, or presidential preference primary, but is held on one of the'

1406

JOURNAL OF THE SENATE

dates specified in Code Section 21-2-540 for the conduct of special elections to present questions to the voters or special primaries or elections to till vacancies in elected county offices, the registration deadline tor such a special primary or election shall be at the close of business on the fifth Monday prior to the date of the special primary or election or, if such fifth Monday is a legal holiday, by the close of business on the fol lowing business day.
(c) Mail voter registration applications shall be deemed to have been made as of the date of the postmark affixed to such application by the United States Postal Service or, if no such postmark is affixed or if the postmark affixed by the United States Postal Service is illegible or bears no date, such application shall be deemed to have been made timely if received through the United States mail by the Secretary of State no later than the close of business on the fourth Friday prior to a general primary, general election, presidential preference primaryrtn-; special primary or special election held in conjunction with a general primary, general election, or presidential preference primary; or special primary or special election held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present questions to the voters or special primaries or elections to till vacancies in elected county offices or no later than the close of business on the ninth day after the date of the call, excluding Saturdays, Sundays, and legal holidays of this state, for all other special primaries and special elections."
SECTION 5.
Said title is further amended by striking in their entirety subsections (b) and (c) of Code Section 21-3-123, relating to deadlines for registration for municipal elections, and in serting in lieu thereof the following:
"(b) If any person whose name is not on the list of registered electors maintained by the Secretary of State under Article 6 of Chapter 2 of this title desires to vote at any munici pal special primary or special election, such person shall make application as provided in Article 6 of Chapter 2 of this title no later than the close of the business on the fifth day after the date of the call for the special primary or special election, excluding Saturdays, Sundays, and legal holidays of this state; provided, however, except that;:
(1) If if such special primary or special election is held in conjunction with a general primary or general election held under Chapter 2 of this title or this chapter or a presi dential preference primary held under Chapter 2 of this title, the registration deadline for such special primary or special election shall be the same as the registration dead line for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted; or
(2) If such special primary or special election is not held in conjunction with a general primary or general election held under Chapter 2 of this title or this chapter or a presi dential preference primary held under Chapter 2 of this title, but is held on one of the dates specified in Code Section 21-3-52 for the conduct of special elections to present questions to the voters or special primaries or elections to fill vacancies in elected mu nicipal offices, the registration deadline tor such a special primary or election shall be aFthe close of business on the titth Monday prior to the date of the special primary or election or, if such fifth Monday is a legal holiday, by the close of business on the fol lowing business day.
(c) Mail voter registration applications shall be deemed to have been made as of the date of the postmark affixed to such application by the United States Postal Service or, if no such postmark is affixed or if the postmark affixed by the United States Postal Service is illegible or bears no date, such application shall be deemed to have been made timely if received through the United States mail by the Secretary of State no later than the close of business on the fourth Friday prior to a general primary, general election, presidential preference primaryrtir; special primary or special election held in conjunction with a general primary, general election, or presidential preference primary;; or special primary

FRIDAY, MARCH 10, 1995

1407

or special election held on one of the dates specified in Code Section 21-3-52 for the con duct of special elections to present questions to the voters or special primaries or elec tions to fill vacancies in elected municipal offices or no later than the close of business on the ninth day after the date of the call, excluding Saturdays, Sundays, and legal holidays of this state, for all other special primaries and special elections."

SECTION 6.

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 Edge, et al. substi tute to HB 423 was adopted.
Pursuant to Senate Rule 143, action on HB 423 was suspended, and HB 423 was placed on the Senate General Calendar.

HB 50. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th and others:
A bill to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to the allocation and apportionment of corporate net income for state income tax purposes, so as to change the method of income apportionment for certain corporations.
Senate Sponsor: Senator Starr of the 44th.

Senators Starr of the 44th, Balfour of the 9th and Farrow of the 54th offered the follow ing amendment:
Amend HB 50 by deleting on line 41, page 5 the following:
"after January 1, 1995" and inserting "after January 1, 1996".
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 Black Blitch
Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Day Dean Edge Farrow Gillis

Gochenour Griffin Guhl Harbison
Henson Hill
Hooks Isakson James Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard
Ragan Ralston
Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Crotts (excused) Egan

Glanton Kemp (excused)

Tysinger

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.
The following bill was taken up to consider House action thereto:

SB 331. By Senators Taylor of the 12th, Pollard of the 24th, Madden of the 47th and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to workers' compensation, so as to provide that the immunity granted to employers under Chapter 9 of Title 34 shall apply to a client of a temporary help contracting firm or an em ployee leasing company when workers' compensation benefits are provided by such firm or company or the clients of either.

The House amendment was as follows: Amend SB 331 by adding on line 5 of page 1 after the word "apply" and before the word "to" the following:
"and extend". By adding on line 11 of page 1 after the semicolon and before the word "to" the following:
"to provide an effective date;". By adding following Section 1 a new Section 2 to read as follows:

"SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
By redesignating Section 2 as Section 3.
Senator Taylor of the 12th moved that the Senate agree to the House amendment to SB 331.

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle
Cheeks Clay Day Dean Edge Farrow
Gillis

Gochenour Griffin Guhl Harbison Henson
Hill Hooks Isakson James
Johnson of 2nd Johnson of 1st Land Langford Madden Marable
McGuire

Middleton Newbill Oliver Perdue Pollard
Ragan Ralston Ray Scott
Slotin Starr Stokes Tanksley Taylor Thompson
Turner

Those not voting were Senators:

Abernathy Crotts (excused) Egan

Glanton Kemp (excused) Thomas

Tysinger Walker

FRIDAY, MARCH 10, 1995

1409

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 331.
The Calendar was resumed.
HB 250. By Representatives Walker of the 141st and Royal of the 164th:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to local government in general, so as to enact the "Local Government Authorities Registration Act".
Senate Sponsor: Senator Thomas of the 10th.
Senators Walker of the 22nd, Ray of the 19th, Marable of the 52nd, et al. offered the following substitute to HB 250:
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 provide for a process for annual registration of all local govern ment authorities authorized to operate in the State of Georgia under general statute, local law, or local constitutional amendment; to provide for a short title; to state legislative find ings; to define terms; to provide for administration of the registration program by the De partment of Community Affairs; to provide for the withholding of authority to enter into debt for any local government authority failing to register; to provide for related matters; to create the Council for Civic Renewal; to provide a short title; to provide for legislative find ings and expressions of intent; to provide for functions and duties of the council; to provide for administration and staffing of the council; to provide for financing of the council; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding after Code Section 36-80-15 a new Code Section 36-80-16 to read as follows:
"36-80-16.
(a) This Code section shall be known and may be cited as the 'Local Government Authori ties Registration Act.'
(b) The General Assembly finds that there is a need for the state to create and maintain a record of all local government authorities. Such a record can best be maintained through annual registration of all local government authorities.
(c) The purpose of this Code section is to prescribe a registration process for all local government authorities authorized to operate in the State of Georgia by general statute, local law, or local constitutional amendment.
(d) As used in this Code section, the term:
(1) 'Local government authority' includes without limitation instrumentalities of one or more local governments created to fulfill a specialized public purpose or any other le gally created organization that has authority to issue debt for a public purpose in dependent of a county or municipality, not to include state authorities. Local government authorities include joint authorities, regional authorities, hospital author ities, housing authorities, residential care facilities for the elderly authorities, resource recovery development authorities, sold waste management authorities, downtown de velopment authorities, airport authorities, industrial, payroll and other development authorities, transit authorities, water and sewer authorities, parking authorities, rec reation authorities, stadium and coliseum authorities, building authorities, public ser vice authorities, or any other local government authorities regardless of name. Such

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local government authorities may have been created by local constitutional amend ment, general statute, or local law.
(2) 'Debt' includes all long-term or short-term credit obligations including, but not lim ited to, mortgages, bonds, loans, notes, interest-bearing warrants, and advances. For the purposes of this Code section, debt shall also include lease-purchase obligations.
(e) All local government authorities authorized to operate in the State of Georgia must register annually with the Department of Community Affairs.
(f) Any local government authority which fails to register with the Department of Com munity Affairs shall not incur any debt or credit obligations until such time as it meets the registration requirement. Failure to register shall not have any adverse affect on any outstanding debt or credit obligation.
(g) The Department of Community Affairs shall establish registration and reporting pro cedures for local government authorities. Such procedures shall include, but are not lim ited to, information on the authority's legal name, function, date and means of creation, contact person, address, and telephone number.
(h) The Department of Community Affairs shall establish reasonable fees for the work related to administration and enforcement of this Code section; provided, however, no fee shall be charged or allowed for the annual registration required by this Code section.
(i) The Department of Community Affairs shall maintain a certified list of registered local government authorities, available on request.
(j) Local government authorities shall initially register by September 30, 1995, and each September 30 thereafter."
SECTION 2.
Said title is further amended by adding at the end thereof a new Chapter 88 to read as follows:
"CHAPTER 88
36-88-1.
This chapter shall be known and may be cited as the 'Council for Civic Renewal Act.'
36-88-2.
(a) The General Assembly finds and determines that Georgia communities suffer from a range of chronic problems, including crime, congestion, physical blight and deterioration, poor child health and welfare, unemployment, poverty, and environmental, economic and other problems. Although state government plays a large role in combating these social problems, Georgia's local communities do not suffer equally from them. Moreover, local governments are not equal in their capacities to address the varied chronic problems that plague them. As local governments edge toward the next century and toward the demo graphic, technological, and structural changes that will surely affect them, their strategic capacities to address these problems will be even more critical. Individuals, local govern ments, and the private sector must play a more meaningful role in identifying their problems and delivering needed services to raise the quality of life for their children and families. There exists an urgent need for an initiative to enhance the coordination and implementation of governmental and private sector efforts to increase the quality of life in Georgia's various communities.

FRIDAY, MARCH 10, 1995

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(b) The purpose of this chapter is to create a framework for an initiative to develop and improve public and private sector efforts aimed at combating the many and varied chronic problems plaguing Georgia communities, by:
(1) Increasing an understanding of the complex causes of community problems;
(2) Enhancing the coordination of efforts of all levels of government over the long term;
(3) Measuring and evaluating the success of efforts to improve the quality of life for Georgia's children, families, and citizens;
(4) Serving as a source of technical, professional, and academic expertise to augment the resources of local governments; and
(5) Initiating pilot projects in selected communities. 36-88-3.
(a) There shall be a Council for Civic Renewal.
(b) The functions and duties of the council shall include:
(1) Analyzing the structure of local governments and the structure of intergovernmen tal relations and proposing changes that will make these structures more effective in addressing community problems;
(2) Analyzing the legal authorities granted to local governments and proposing changes that will enable those governments to be more effective in addressing commu nity problems;
(3) Analyzing the local and intergovernmental financing systems and proposing changes that will ensure equity in financing the cost of addressing community problems and that will provide more responsive financial resources for these problems;
(4) Developing and administering programs to train elected officials in understanding the complexities of community problems and the mechanisms and strategies needed to address these problems effectively;
(5) Developing and administering programs to provide training to local government management and administrative personnel through which those personnel can recog nize and analyze the complex cause-and-effect interrelationships of community problems and through which they can master the steps, methods, and techniques for designing and managing projects to analyze problems and design strategies to address these problems;
(6) Training appointed and elected personnel to develop outcome goals that will pro vide a yardstick by which existing problems can be identified and quantified and by which progress in solving these problems can be measured;
(7) Providing technical assistance to governmental units and agencies in developing outcome goals and in designing strategies and structures to achieve these goals;
(8) Conducting research directed to identifying validated, successful strategies for ad dressing community problems and publishing, in user friendly form, the findings of this research;
(9) Providing technical assistance in designing data bases and information systems for analyzing and quantifying problems and for measuring the effects of programs to ad dress these problems;
(10) Identifying and publishing resource materials for those responsible for addressing community problems;
(11) Making an annual report to the General Assembly and the Governor which shall also be made available to the public, government agencies, and the political subdivi sions of this state describing the council's activities and the measurable success or failure of government or council programs intended to affect the quality of life in Georgia's communities, pointing out areas of concern and identifying and responding to challenges that will confront Georgia's communities in the future;

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(12) Utilizing media to publicize certain research findings and proven successful com munity models; and
(13) Engaging in other activities that may be required to perform the functions and fulfill the purposes of the council.
33-88-4.
(a) The council shall be composed of nine members consisting of a chairperson, two repre sentatives of state government agencies, two representatives of local government agen cies, two members from the private sector, and two representatives from the University System of Georgia. The Governor shall appoint the chairperson and the state govern ment representatives; the Association County Commissioners of Georgia and the Georgia Municipal Association shall each appoint one local government representative; the Lieu tenant Governor and the Speaker of the House of Representatives shall each appoint one representative from the private sector; and the chancellor of the university system shall appoint the representatives from the University System of Georgia. The members shall serve terms of three years. Members of the council shall be chosen without regard to political affiliation.
(b) The council shall meet at least four times annually. To hold a meeting and conduct council business, a quorum of at least five members must be present. Other meetings may be held as necessary. Rules for scheduling meetings and other council procedures shall be promulgated by the council.
(d) The council may establish committees as it deems necessary or desirable.
(e) All meetings of the council at which public business is discussed or formal action is taken shall conform to the provisions of Chapter 14 of Title 50.
36-88-5.
The council shall have the power to employ, appoint, or designate such staffer assistance for the council as the council may deem necessary, and the council may contract with units of the University System of Georgia for administrative and staff support.
36-88-6.
(a) Members of the council shall not be entitled to compensation for the duties they per form as members of the council. Each member shall, however, be entitled to reimburse ment for travel and other necessary expenses incurred in the performance of official duties.
(b) The council is authorized to apply for, contract for, receive, and expend for its pur poses any appropriations or grants from the state, its political subdivisions, the federal government, or any other source, public or private. Political subdivisions of this state are authorized and encouraged to appropriate funds to the council to share in the cost of its operations."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34, nays 1, and the Walker, et al. substitute to HB 250 was adopted.
Pursuant to Senate Rule 143, action on HB 250 was suspended, and HB 250 was placed on the Senate General Calendar.

FRIDAY, MARCH 10, 1995

1413

HR 232. By Representative Barnard of the 154th:

A resolution authorizing conveyance of certain state-owned real property locat ed in Tattnall County.

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:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Cagle Cheeks Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Burton Clay Crotts (excused)

Griffin Kemp (excused) Ragan

Scott Tysinger

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

The following bill was taken up to consider House action thereto:

SB 156. By Senators Clay of the 37th, Edge of the 28th, Cagle of the 49th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for public access to certain juvenile court hearings and records; to provide for fingerprinting and photographing of juveniles; to provide for the sharing and use of information on juvenile arrests and court proceedings between appropriate public and school agencies.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the admission of the general public to adjudicatory hearings involving an allegation of a designated felony, an allegation of delinquency of a child who has previously been adjudicated delinquent, and, at the court's discretion, other juvenile court proceedings; to provide for inspection of complaints, petitions, and orders from such cases which were open to the public; to provide exceptions; to provide for prompt written notice to the school superintendent when a child

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is adjudicated delinquent for a second or subsequent time or of an adjudicatory proceeding involving a designated felony; to authorize the storage for computer retrieval of records, dockets, indices, or files of the juvenile court; to provide for fingerprinting and photograph ing children charged with designated felonies or offenses over which the superior court has exclusive or concurrent jurisdiction; to provide for the sharing of information regarding such children with the department of family and children services and certain school offi cials; to change the provisions relating to inspection of juvenile law enforcement records; to change the provisions relating to sealing of records; to provide for notice to any victim when a child who has been adjudicated delinquent for commission of a designated felony is re leased from confinement or custody or is paroled; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety subsection (c) of Code Section 15-11-28, relating to the conduct of hearings, and inserting in lieu thereof a new subsection (c) and an additional subsection to be designated subsection (c.l) to read as follows:
"(c) Except as otherwise provided by subsection (c.l) of this Code section, the "Hie general public shall be excluded from hearings involving delinquency, deprivation, or unruliness. Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court. The court may tempo rarily exclude the child from the hearing except while allegations of his or her delinquency or unruly conduct are being heard.
(c.l) The general public shall be admitted to:
(1) An adjudicatory hearing involving an allegation of a designated felony pursuant to Code Section 15-11-37;
(2) An adjudicatory hearing involving an allegation of delinquency brought in the in terest of any child who has previously been adjudicated delinquent; provided, however, trie court shall close any delinquency hearing on an allegation of sexual assault or any delinquency hearing at which any party expects to introduce substantial evidence re lated to matters of deprivation; or
(3X3) At the court's discretion, any dispositional hearing involving any proceeding under this article."
SECTION 2.
Said article is further amended by striking in its entirety Code Section 15-11-58, relating to inspection of court files and records, and inserting in lieu thereof a new Code section to read as follows:
"15-11-58.
Except in cases arising under Code Section 15-11-49, and subject to the requirements of subsection (d) of Code Section 15-11-33 and Code Section 15-11-61, and with the excep tion of any complaint, petition, and order from any case that was open to the public pursuant to subsection (c.l) of Code Section 15-11-28, all files and records of the court in a proceeding under this article are open to inspection only upon order of the court. The judge may permit authorized representatives of recognized organizations compiling sta tistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those conditions. The judge may permit any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a student as a part of

FRIDAY, MARCH 10, 1995

1415

such counseling person's school employment duties, to review official records of the court in any proceeding under this chapter concerning that student, including but not limited to records of that child's controlled substance or marijuana abuse, which records are pro tected by Code Section 49-5-41.1, under whatever conditions that the judge may deem proper and may punish by contempt any violation of those conditions. The judge shall permit authorized representatives of the Department of Children and Youth Services, the Department of Corrections, the Children and Youth Coordinating Council, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court."
SECTION 3.
Said article is further amended by inserting a new Code section to be designated Code Section 15-11-58.1 to read as follows:
"15-11-58.1.
Within 30 days of any proceeding in which a child is adjudicated delinquent for a second or subsequent time or any adjudicatory proceeding involving a designated felony, the court shall provide written notice to the school superintendent or his or her designee of the school in which such child is enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the spe cific delinquent act or designated felony act that such child committed."
SECTION 4.
Said article is further amended by striking subsection (b) of Code Section 15-11-59, relating to juvenile law enforcement records, and inserting in its place the following:
"(b) Unless a charge of delinquency is transferred for criminal prosecution under Code Section 15-11-39, or the interest of national security requires, or the case is one in which the general public may not be excluded from the hearings under subsection (c) or (c.l) of Code Section 15-11-28, or the court otherwise orders in the interest of the child, the records and files shall not be open to public inspection nor shall their contents be dis closed to the public."
SECTION 5.
Said article is further amended by striking Code Section 15-11-60, relating to when a juve nile may be fingerprinted or photographed and the maintenance, inspection, and publica tion of fingerprint and photograph files, and inserting in lieu thereof a new Code Section 15-11-60 to read as follows:
"15-11-60.
(a) Every child charged with the commission of any act which would be a designated felony or an oftense over which the superior court has exclusive or concurrent jurisdic tion, other than those status offender crimes as defined in Code Section 15-11-2, shall be fingerprinted and photographed upon being taken into custody. Fingerprints and photo graphs of children shall be taken and filed separately from those of adults by law enforce ment officials to be used in investigating the commission of crimes and to be made available as provided in this article and as may be directed by the court. No child under
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JOURNAL OF THE SENATE

(b) The fingerprints of any child 10 to 17 yeai'h uf age clmiged with any ofleasu ovei which the supeiior court hah exclusive cii concurrent jurisdiction shall be taken and filed by law
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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.
(dXc) Fingerprint files and photographs of children may be inspected by law enforcement officers when necessary for the discharge of their official duties. The names and ad dresses of children who have been fingerprinted or photographed and the ofl'ense or offenses charged shall be made available when a petition is filed or a child is taken into custody, whichever is earlier, to the appropriate department of family and children serv ices and school superintendent. This information may be disseminated by the appropri ate school superintendent to the child's teachers and counselors in the superintendent's discretion. Other inspections may be authorized by the court in individual cases upon a showing that it is necessary in the public interest.
feXd) Upon application of the child, fingerprints and photographs of a child shall be re moved from the file and destroyed if a petition alleging delinquency is not filed or the proceedings are dismissed after either a petition is filed or the case is transferred to the juvenile court as provided in Code Section 15-11-13 or the child is adjudicated not to be a delinquent child.
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(gXe) Except as provided in this Code section, without Without the consent of the judge, a child shall not be photographed after he or she is taken into custody unless the case is transferred to another court for prosecution.
flrXfXD The name or picture of any child under the jurisdiction of the juvenile court for theHrst 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 6.
Said article is further amended by adding at the end of Code Section 15-11-61, relating to sealed records, a new subsection (d) to read as follows:
"(d) No order sealing files and records under this Code section may be issued regarding any proceeding in which the general public may not be excluded from the hearing under subsection (c) or (c.l) of Code Section 15-11-28."
SECTION 7.
Said article is further amended by inserting in Code Section 15-11-65, relating to juvenile court powers as a court of inquiry, court of record, and in issuing warrants and the preser vation and destruction of records of the court, a new subsection to be designated subsection (c.l) to read as follows:
"(c.l) Nothing in this chapter shall restrict or otherwise prohibit a juvenile court clerk from electing to store for computer retrieval any or all records, dockets, indices, or files;

FRIDAY, MARCH 10, 1995

1417

nor shall a juvenile court clerk be prohibited from combining or consolidating any books, dockets, files, or indices in connection with the filing for record of papers of the kind specified in this chapter or any other law, provided that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indices. When the clerk of a juvenile court elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security maintained."
SECTION 8.
Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by striking in its entirety subsection (e) of Code Section 49-4A8, relating to commitment of delinquent or unruly children, and inserting in lieu thereof the following subsections:
"(e) Except as provided by subsection (e.l) of this Code section, when When a delinquent or unruly child has been committed to the department tor detention and a diagnostic study for the purpose of determining the most satisfactory plan for his the child's care and treatment has been completed, the department may:
(1) Permit him hii the child liberty under supervision and upon such conditions as the department may believe conducive to acceptable behavior;
(2) Order his the child's confinement under such conditions as the department may believe best designed to serve his the child's welfare and as may be in the best interest of the public;
(3) Order reconfinement or renewed release as often as conditions indicate to be desirable;
(4) Revoke or modify any order of the department affecting the child, except an order of final discharge, as often as conditions indicate to be desirable; or
(5) Discharge faim the child from control of the department when it is satisfied that such discharge will best serve his the child's welfare and the protection of the public.
(e.lXl) When a child who has been adjudicated delinquent for the commission of a Hesignated felony act as defined in Code Section 15-11-37 is released from confinement or custody of the department, it shall be the responsibility of the department to provide notice to any person who was the victim of the child's delinquent acts that the child is being released from confinement or custody.
(2) As long as a good faith attempt to comply with paragraph (1) of this subsection has Been made, the department and employees of the department shall not be liable tor etamages incurred by reason of the department's failure to provide the notice required by paragraph (1) of this subsection?'
SECTION 9.
Said chapter is further amended by striking in its entirety subsection (b) of Code Section 49-4A-9, relating to children who have been previously adjudged to have committed an act which is a felony if tried in a superior court and who, on a second or subsequent occasion, are convicted of a felony in a superior court, and inserting in lieu thereof a new subsection to read as follows:
"(b) Any final order ofjudgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of the child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children sub ject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of the child and the best interests of the state; provided, however, that the release or parole of any juvenile committed to the department for detention in any of its

1418

JOURNAL OF THE SENATE

institutions under the terms of this chapter during the period of one year from the date of commitment shall be had only with the concurrence and recommendation of the commis sioner or his the commissioner's designated representative; provided, further, that upon releasing or paroling any juvenile adjudicated1 delinquent for the commission of a desig nated felony act as denned in Code Section 15-11-37 and committed to the department for detention in any of its institutions under the terms of this chapter, the department shall provide notice to any person who was the victim of the child's delinquent acts that the child is being released or paroled. As long as a good faith attempt to comply with the' notice requirement of this subsection has been made, the department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by this subsection."
SECTION 10.
All laws and parts of laws in conflict with this Act are repealed.
SECTION 11.
This act shall be effective Jan. 1, 1996.
Senator Clay of the 37th moved that the Senate disagree to the House substitute to SB 156.
On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate dis agreed to the House substitute to SB 156.
Senator Hooks of the 14th asked unanimous consent that, upon receipt of the House message appointing the House conferees to HB 202, the appropriations bill, the Senate should adhere to its substitute and the President be authorized to appoint the Senate conferees.
HB 202. 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, 1995 and ending June 30, 1996.
The consent was granted.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the Senate:
SB 433. By Senator Henson of the 55th:
A bill to create the DeKalb Memorial Stadium Authority; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the authority; to provide for the membership of the authority; to provide for appointment, terms, vacancies, qualifications, compen sation, and expenses of members of the authority; to provide for the organiza tion and meetings of the authority; to provide for an executive director and other personnel of the authority.

FRIDAY, MARCH 10, 1995

1419

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 committee on the part of the Senate on the following bill of the House:
HB 202. 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, 1995 and ending June 30, 1996.
The Speaker has appointed on the part of the House, Representatives Walker of the 141st, Buck of the 135th and Coleman of the 142nd.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 62. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th, Coleman of the 142nd and Buck of the 135th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain public officials, so as to change the amount of the daily expense allowance of members of the General Assembly.
Pursuant to the unanimous consent previously granted to Senator Hooks of the 14th, the Senate adhered to its substitute and a conference committee was appointed on the following bill of the House:
HB 202. 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, 1995 and ending June 30, 1996.
The President had appointed as a committee of conference on the part of the Senate the following:
Senators Hooks of the 14th, Walker of the 22nd and Ray of the 19th. Pursuant to HR 18, adopted previously, the Senate stood in recess until 5:00 P.M., then adjourned until Monday at 10:00 A.M.